Sec. 4. Fishery authorization
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Section 305(a) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1855(a) ) is amended— in paragraph (2), by striking as to require notification under paragraph
(3)and inserting under this subsection ; by striking paragraphs
(3)and
(4)and inserting the following: The Secretary may add a new fishery or fishing gear for inclusion on the list under this subsection only after the Secretary determines that a sufficient analysis, in accordance with the guidance under paragraph (7), has been conducted by an appropriate Council, and the analysis concludes the potential new fishery or fishing gear— will have minimal adverse effects (as defined in section 600.810(a) of title 50, Code of Federal Regulations (or successor regulations)) on essential fish habitat; and will have minimal adverse effects on existing fisheries, fishing communities, and the marine ecosystem, as determined by the Secretary based on the best scientific information available. Not later than 18 months after the date of enactment of the Supporting Healthy Interstate Fisheries in Transition Act, and at least once every 5 years thereafter, each Council shall review the fisheries and gear on the list under this subsection that are under its authority and submit to the Secretary proposed changes to such list, if needed, in specific and narrow terms, including geographic range. Such proposed changes may include recommending new fisheries or gear or removal of fisheries or gear and shall be accompanied by information on the effects of new fisheries or gear or removal of fisheries or gear on essential fish habitat, existing fisheries, fishing communities, and the marine ecosystems, for the Secretary to review under paragraph (3). As soon as practicable after receiving a proposed change under subparagraph
(A)to add a new fishery or gear to the list under this subsection, the Secretary shall make a determination under paragraph (3). If the Secretary determines that the proposed change is consistent with such paragraph, this Act, and other applicable law, the Secretary shall publish a proposed list under this subsection to include such fishery or gear, along with the appropriate Council’s analysis and the Secretary’s determination of sufficiency of the analysis consistent with paragraph (3), and provide an opportunity for public comment before publishing the final, revised list. The Secretary may permit, pursuant to section 318(d), on a limited interim basis, fishing activity that is not included on the list under this subsection, if— the experimental fishing permit is designed and implemented so as to yield information necessary and currently lacking for the development of a fishery management plan or amendment to such plan under section 302(h)(1) and section 303; the Secretary collects, evaluates, and, notwithstanding section 402(b), makes public the data generated by the experimental fishing activity at the end of each permit year, and based on such evaluation, the Council renders a determination of whether the fishing activity should be continued, either in the form of a subsequent year of experimental fishing under this paragraph, or in the form of a fishery managed under a fishery management plan pursuant to section 302(h)(1) and section 303; and the data collected from, and the evaluation of the Secretary of, the fishing activity are included in any fishery management plan or amendment that is prepared for management of the fishing activity. As soon as practicable after publication of a final, revised list under this subsection in accordance with subparagraph (B), the appropriate Council shall, in accordance with section 303, prepare a fishery management plan or a plan amendment, if such fishery requires conservation and management under this Act, and the Secretary has approved and implemented such plan or amendment. Nothing in the preceding sentence shall affect the authority to operate under a permit issued under section 318(d). No person or vessel may employ fishing gear or engage in fisheries that are not listed under this subsection without prior written notice to the Council. Upon receiving notice pursuant to the preceding sentence, the Council shall make a determination to either prohibit the person or vessel to employ the fishing gear or engage in the fishery that is not listed or make a recommendation to the Secretary to add the fishery or fishing gear for inclusion on the list under this subsection in accordance with the requirements under this subsection. ; and by adding at the end the following: The Secretary shall issue guidance for making a determination under paragraph (3). Nothing in this subsection shall restrict the issuance of or requirements for the experimental permitting process under section 318(d), the cooperative research and management program under section 318, the bycatch reduction engineering program under section 316, or other research or data collection activities authorized under this Act. .
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Sec. 4
Fishery authorization
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