,i #aahth ,,congress #b;d ,session ,h4 ,r4 #ihba ,,in ,,the ,,house ,,of ,,representatives ,september #be1 #bjbd,mrs4 ,dingell 7for herself and ,mr4 ,mast7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to improve the management of forage fish4 #a4 ,short title ,this ,act may be cited as the ,forage ,fish ,conservation ,act of #bjbd4 #b4 ,findings ,section #b7;a7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja7;a77 is amended by adding at the end the following3 7#ad7 ,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 including 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 #c4 ,definitions 7a7 ,secretary ,to define forage fish ,section #cje of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahee7 is amended by adding at the end the following3 7l7 ,forage fish ,not later than #ab months after the date of the enactment of the ,forage ,fish ,conservation ,act of #bjbd1 the ,secretary1 with advice from the ,councils1 shall issue a definition of the term forage fish for the purposes of this ,act1 giving due consideration to definitions of forage fish included in approved fishery management plans4 ,in defining such term1 the ,secretary shall consider factors including whether a species covered by such definition1 throughout the lifecycle of such species-- 7#a7 is at a low trophic level2 7#b7 is generally small- to intermediate-sized2 7#c7 occurs in schools or other dense aggregations2 7#d7 contributes significantly to the diets of other fish1 marine mammals1 or birds2 and 7#e7 serves as a conduit for energy transfer to species at a higher trophic level4 4 7b7 ,definitions ,section #c of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahjb7 is amended-- 7#a7 by redesignating the second paragraph 7#cc7 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-- 7,a7 has the meaning given the term by the ,secretary under section #cje7l72 and 7,b7 with respect to a species in a fishery managed pursuant to a fishery management plan or plan amendment that is approved by the ,secretary1 in coordination with the ,councils1 under section #cjd7;a71 means any species identified in such plan as a forage fish4 2 and 7#e7 by inserting after paragraph 7#bh71 as so redesignated by paragraph 7#c7 of this section1 the following3 7#bi7 ,the term low trophic level means a position in the marine food web in which the fish generally consume plankton4 4 #d4 ,scientific advice ,section #cjb7;g77#a77;,b7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 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 #e4 ,council functions 7a7 ,research priorities ,section #cjb7;h77#g7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 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 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheb7;h77 is amended-- 7#a7 in paragraph 7#h71 by striking and at the end2 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 recommend within fishery management plans the prohibition of 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 the enactment of this ,act4 #f4 ,contents of fishery management plans 7a7 ,forage fish management ,section #cjc7;a7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahec7;a77 is amended-- 7#a7 in paragraph 7#ad71 by striking and2 and inserting a semicolon2 7#b7 in paragraph 7#ae71 by striking the period at the end 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 assess and specify 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 the enactment of this ,act4 #g4 ,action by ,secretary of ,commerce ,section #cjd of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahed7 is amended-- 7#a7 by redesignating the second subsection 7i7 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 the enactment of the ,forage ,fish ,conservation ,act of #bjbd1 the ,secretary1 in coordination with the ,councils1 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 #h4 ,river herring and shad 7a7 ,definitions ,in this section3 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 the 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 seq47 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 #ej percent of all relevant fishing trips1 not fewer than #a 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 #i4 ,rule of construction ,nothing in this ,act may 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 #eaja et seq474