Sec. 3. Action by the secretary
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Section 304(f) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1854(f) ) is amended— in paragraph (1)— by striking as provided in paragraph
(3)and inserting as provided in paragraph
(2); and by striking No jointly prepared plan and all that follows through each Council concerned. ; by redesignating paragraph
(2)as paragraph (3); by inserting after paragraph
(1)the following: If determined necessary by the Secretary or at the request of a Council, based on the criteria described in subparagraph
(B)and in accordance with procedures established by the Secretary, the Secretary shall determine whether a substantial portion of a fishery extends beyond the geographical area of authority of any one Council. Based on the best scientific information available, the Secretary shall— review any indicator of— a documented shift in stock distribution indicating a significant shift of a stock’s average abundance has moved into another council’s jurisdiction; a significant shift in the average proportion of a fishery’s recreational fishing effort into another council’s jurisdiction; a significant shift in the average proportion of a fishery’s landings revenue accruing to another council’s jurisdiction; or any other fishery-specific indicator determined by the Secretary or relevant council; and consult with the relevant council to review any indicator under clause
(i)to ensure a shift is not explained by normal fluctuations or non-ecological factors, such as— regulatory requirements; consumer demand or market forces; or socioeconomic factors. If the Secretary determines under subparagraph
(A)that a substantial portion of a fishery extends beyond the geographical area of authority of any one Council— the Secretary shall, not later than 6 months after the date on which the request is made under subparagraph (A), notify the Councils concerned; and each of the Councils concerned shall, not later than 1 year after the date on which the notification is made under clause (i), by a majority of the voting members, present and voting— designate one of the Councils concerned to prepare a fishery management plan for such fishery, or any necessary amendment to such a plan, if the fishery requires conservation and management under this Act; or agree to jointly prepare a fishery management plan for such fishery, or any necessary amendment to such a plan, if the fishery requires conservation and management under this Act. In the case that the Councils concerned are unable to meet the requirements of subparagraph (C)(ii) within the time period specified in such subparagraph, or if their recommendations do not agree, the Secretary shall— designate one of the Councils concerned to prepare a fishery management plan for such fishery, or any necessary amendment to such a plan, if the fishery requires conservation and management under this Act; or require that such a plan or any necessary amendment be prepared jointly by the Councils concerned, if the fishery requires conservation and management under this Act. Not later than 2 years after the date on which the last of the Councils concerned makes a decision pursuant to subparagraph (C)(ii) or the date on which the Secretary makes a decision pursuant to subparagraph (D), and at such other times as required under this Act, the Council or Councils designated under subparagraph (C)(ii) or
(D)(as applicable) shall establish a fishery management plan, or make any necessary amendment to such a plan, if the fishery requires conservation and management under this Act. If determined necessary by the Secretary or at the request of a Council in accordance with the procedures established under subparagraph (A), the Secretary shall determine whether a fishery described in subparagraph
(C)no longer has a substantial portion that extends beyond the geographical area of authority of any one Council. If the Secretary determines under clause
(i)that a fishery no longer has a substantial portion that extends beyond the geographical area of authority of any one Council— the Secretary shall determine in which Council’s geographical area of authority the fishery is predominant; and not later than 2 years after the date on which the determination under subclause
(I)is made, and at such other times as required under this Act, the Council determined under such subclause shall establish a fishery management plan, or make any necessary amendment to such a plan, if the fishery requires conservation and management under this Act. Notwithstanding subsection (h), on the date of implementation of a fishery management plan under clause (ii)(II), any preceding fishery management plan with respect to such fishery is repealed. The Secretary shall, through notice and comment rulemaking, identify its criteria in determining under subparagraphs
(C)and
(F)whether a substantial portion of a fishery extends beyond the geographical area of authority of any one Council. ; and by adding at the end the following: No jointly prepared plan or amendment, as described in paragraph (1)(B), (2)(C)(ii)(II), or (2)(D)(ii) may be submitted to the Secretary unless it is approved by a majority of the voting members, present and voting, of each Council concerned. This subsection shall not apply with respect to any fishery to which section 302(a)(3) applies. Nothing in this subsection shall be construed as modifying or superseding subsection (e), section 302(h)(1), or any other provision of this Act. .
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Sec. 3
Action by the secretary
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