,i #aafth ,,congress #ast ,session ,h4 ,r4 #bbcf ,,in ,,the ,,house ,,of ,,representatives ,april #aj1 #bjai,mrs4 ,dingell 7for herself1 ,mr4 ,mast1 ,mr4 ,cartwright1 ,mr4 ,long1 ,mr4 ,upton1 and ,mr4 ,huffman7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to improve the management of forage fish4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,forage ,fish ,conservation ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,references to the ,magnuson-,stevens ,fishery ,conservation and ,management ,act4 ,sec4 #c4 ,findings4 ,sec4 #d4 ,definitions4 ,sec4 #e4 ,scientific advice4 ,sec4 #f4 ,council functions4 ,sec4 #g4 ,contents of fishery management plans4 ,sec4 #h4 ,action by the ,secretary4 ,sec4 #i4 ,river herring and shad4 ,sec4 #aj4 ,rule of construction4 #b4 ,references to the ,magnuson-,stevens ,fishery ,conservation and ,management ,act ,except as otherwise expressly provided1 wherever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq474 #c4 ,findings ,section #b7;a7 7#af ,u4,s4,c4 #ahja7;a77 is amended by adding at the end the following3 7#ac7 ,forage fish are generally small to intermediate-sized species1 occurring in schools or dense aggregations1 and function as a main pathway for energy to flow from phyto- and zooplankton to higher trophic level predators1 such as tuna1 ,alaska pollock1 and other wildlife1 in marine ecosystems4 ,while most species function as prey of others at some life stage1 especially when small and young1 forage fish maintain this important trophic role throughout their life4 ,further1 fluctuations in their populations can result in significant changes in marine communities and ecosystems4 ,therefore1 particular attention to management of forage fish species1 and addressing their unique role in marine ecosystems1 is critical to maintaining ecosystem function and sustainable fisheries4 4 #d4 ,definitions ,section #c 7#af ,u4,s4,c4 #ahjb7 is amended-- 7#a7 by redesignating the second paragraph 7#cc7 7relating to waters of a foreign nation7 as paragraph 7#ec72 7#b7 by redesignating paragraphs 7#bh7 through 7#ej7 as paragraphs 7#cj7 through 7#eb71 respectively2 7#c7 by redesignating paragraphs 7#ai7 through 7#bg7 as paragraphs 7#bj7 through 7#bh71 respectively2 7#d7 by inserting after paragraph 7#ah7 the following3 7#ai7 ,the term forage fish means-- 7,a7 any fish that1 throughout its life cycle-- 7i7 is at a low trophic level2 7ii7 contributes significantly to the diets of other fish1 marine mammals or birds2 and 7iii7 serves as a conduit for energy transfer to species at a higher trophic level2 or 7,b7 any other fish specified as a forage fish for purposes of this paragraph in a fishery management plan or amendment that is transmitted by a ,council and approved by the ,secretary in accordance with section #cjd7;a74 2 7#e7 by inserting after paragraph 7#bh71 as redesignated by paragraph 7#c71 the following3 7#bi7 ,the term low trophic level means a position in the marine food web in which the fish generally consume plankton4 2 and 7#f7 in paragraph 7#ce71 as redesignated by paragraph 7#b7-- 7,a7 in subparagraph 7,b71 by striking and 2 7,b7 in subparagraph 7,c71 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7,d7 in the case of a forage fish1 is reduced1 pursuant to subparagraph 7,b71 to provide for the diet needs of fish species and other marine wildlife1 such as marine mammals and birds1 for which forage fish is a significant part of their diet4 4 #e4 ,scientific advice ,section #cjb7;g77#a77;,b7 7#af ,u4,s4,c4 #aheb7;g77#a77;,b77 is amended to read as follows3 7,b7 ,each scientific and statistical committee shall provide its ,council ongoing scientific advice for fishery management decisions1 including recommendations for-- 7i7 acceptable biological catch2 7ii7 preventing overfishing2 7iii7 maximum sustainable yield2 7iv7 achieving rebuilding targets2 7v7 maintaining a sufficient abundance1 diversity1 and localized distribution of forage fish populations to support their role in marine ecosystems2 and 7vi7 reports on stock status and health1 bycatch1 habitat status1 social and economic impacts of management measures1 and sustainability of fishing practices4 4 #f4 ,council functions 7a7 ,research priorities ,section #cjb7;h77#g7 7#af ,u4,s4,c4 #aheb7;h77#g77 is amended1 in the matter preceding subparagraph 7,a71 by inserting forage fish populations and distribution1 after habitats14 7b7 ,unmanaged forage fish ,section #cjb7;h7 7#af ,u4,s4,c4 #aheb7;h77 is amended-- 7#a7 in paragraph 7#h7 by striking 2 and and inserting 22 7#b7 by redesignating paragraph 7#i7 as paragraph 7#aj72 and 7#c7 by inserting after paragraph 7#h7 the following3 7#i7 develop a list of unmanaged forage fish occurring in the area under its authority and prohibit the development of any new directed forage fish fishery until the ,council has-- 7,a7 considered the best scientific information available and evaluated the potential impacts of forage fish harvest on existing fisheries1 fishing communities1 and the marine ecosystem2 7,b7 determined whether conservation and management of the forage fish fishery is needed2 7,c7 if a determination is made that conservation and management is needed1 prepared and submitted to the ,secretary a fishery management plan or amendment consistent with section #cjc2 and 7,d7 received final1 approved regulations from the ,secretary pursuant to section #cjd7;b77#c72 and 4 7c7 ,effective date ,the amendments made by subsections 7a7 and 7b7 shall take effect #b years after the date of enactment of this ,act4 #g4 ,contents of fishery management plans 7a7 ,forage fish management ,section #cjc7;a7 7#af ,u4,s4,c4 #ahec7;a77 is amended-- 7#a7 in paragraph 7#ad7 by striking and2 and inserting 22 7#b7 in paragraph 7#ae7 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following3 7#af7 when setting annual catch limits for forage fish fisheries1 assess1 specify1 and reduce such limits by the diet needs of fish species and other marine wildlife1 such as marine mammals and birds1 for which forage fish is a significant part of their diet4 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect #e years after the date of enactment of this ,act4 #h4 ,action by the ,secretary ,section #cjd 7#af ,u4,s4,c4 #ahed7 is amended-- 7#a7 by redesignating the second subsection 7i7 7relating to international overfishing7 as subsection 7j72 and 7#b7 by adding at the end the following3 7k7 ,forage fish management guidelines 7#a7 ,in general ,not later than #ah months after the date of enactment of the ,forage ,fish ,conservation ,act1 the ,secretary shall establish by regulation guidelines to assist the ,councils in implementing sections #c7ai71 #cjb7;h77#i71 and #cjc7;a77#af74 7#b7 ,workshops ,in developing the guidelines under paragraph 7#a71 the ,secretary shall conduct workshops with ,councils and other scientific1 fisheries1 and conservation interests4 4 #i4 ,river herring and shad 7a7 ,definitions ,in this section-- 7#a7 ,river herring ,the term river herring means blueback herring 7,alosa aestivalis7 and alewife 7,alosa pseudoharengus74 7#b7 ,shad ,the term shad means ,american shad 7,alosa sapidissima7 and hickory shad 7,alosa mediocris74 7b7 ,amendments of plans ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,commerce shall-- 7#a7 amend the fishery management plans for the ,atlantic ,herring and ,atlantic ,mackerel1 ,squid1 and ,butterfish fisheries for the ,new ,england and ,mid-,atlantic ,regions to add shad and river herring as managed stocks in such plans consistent with section #cjb7;h77#a7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheb7;h77#a772 7#b7 initiate additional fishery management plan amendments to be completed in not more than #a year from the date of the addition of the species identified in paragraph 7#a7 in order to develop and implement all required conservation and management measures for such stocks consistent with the ,magnuson-,stevens ,fisheries ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq471 and all other applicable law2 and 7#c7 notwithstanding any other law1 rule1 or fishery management plan provision1 including conservation and management measures under section #cjc7;a77#aa7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahec7;a77#aa771 reallocate existing resources to provide1 for not less than #fj percent of all relevant fishing trips1 not fewer than one at-sea observer or an on-board electronic or video means of producing equivalent at-sea monitoring information1 for any vessel using mid-water trawl or paired mid-water trawl fishing gear in the ,atlantic herring and ,atlantic mackerel fisheries4 #aj4 ,rule of construction ,nothing in this ,act shall be construed as-- 7#a7 extending or diminishing the jurisdiction or authority of any ,state within its boundaries2 or 7#b7 affecting-- 7,a7 section #cjf of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahef72 or 7,b7 the ,atlantic ,coastal ,fisheries ,cooperative ,management ,act 7#af ,u4,s4,c4 #eajg et seq474