,,ii #aahth ,,congress #b;d ,session ,s4 #cfgb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #be1 #bjbd,mr4 ,blumenthal 7for himself1 ,mr4 ,murphy1 and ,ms4 ,warren7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to support healthy fisheries in dynamic ocean conditions1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,supporting ,healthy ,interstate ,fisheries in ,transition ,act or the ,,shift ,act4 #b4 ,shifting stocks ,section #hje7;a7 of the ,atlantic ,coastal ,fisheries ,cooperative ,management ,act 7#af ,u4,s4,c4 #eajd7;a77 is amended by adding at the end the following3 7#c7 ,the ,secretary shall encourage the ,commission to include climate change impact data in its coastal fishery management plans or plan amendments1 and when establishing or revising quota allocations between any ,state1 ,federal1 or other management unit in such a plan or amendment1 the ,secretary shall account for1 using the best scientific information available1 any climate change impact on coastal fishery resources1 including-- 7,a7 any change or shifting trend in fish abundance and distribution2 and 7,b7 any potential ecological impact1 including food web and habitat impacts1 arising from such revised quota allocations4 4 #c4 ,action by the ,secretary ,section #cjd7;f7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahed7;f77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking as provided in paragraph 7#c7 and inserting as provided in paragraph 7#b72 and 7,b7 by striking ,no jointly prepared plan and all that follows through each ,council concerned42 7#b7 by redesignating paragraph 7#b7 as paragraph 7#c72 7#c7 by inserting after paragraph 7#a7 the following3 7#b7 7,a7 ,at the request of a ,council in accordance with procedures established by the ,secretary1 the ,secretary shall determine whether a substantial portion of a fishery extends beyond the geographical area of authority of any one ,council4 7,b7 ,if the ,secretary determines under subparagraph 7,a7 that a substantial portion of a fishery extends beyond the geographical area of authority of any one ,council-- 7i7 the ,secretary shall1 not later than #f months after the date on which the request is made under subparagraph 7,a71 notify the ,councils concerned2 and 7ii7 each of the ,councils concerned shall1 not later than #a year after the date on which the notification is made under clause 7i71 by a majority of the voting members1 present and voting-- 7,i7 designate one of the ,councils concerned to prepare a fishery management plan for such fishery1 or any necessary amendment to such a plan1 if the fishery requires conservation and management under this ,act2 or 7,,ii7 agree to jointly prepare a fishery management plan for such fishery1 or any necessary amendment to such a plan1 if the fishery requires conservation and management under this ,act4 7,c7 ,in the case that the ,councils concerned are unable to meet the requirements of subparagraph 7,b77ii7 within the time period specified in such subparagraph1 or if their recommendations do not agree1 the ,secretary shall-- 7i7 designate one of the ,councils concerned to prepare a fishery management plan for such fishery1 or any necessary amendment to such a plan1 if the fishery requires conservation and management under this ,act2 or 7ii7 require that such a plan or any necessary amendment be prepared jointly by the ,councils concerned1 if the fishery requires conservation and management under this ,act4 7,d7 ,not later than #b years after the date on which the last of the ,councils concerned makes a decision pursuant to subparagraph 7,b77ii7 or the date on which the ,secretary makes a decision pursuant to subparagraph 7,c71 and at such other times as required under this ,act1 the ,council or ,councils designated under subparagraph 7,b77ii7 or 7,c7 7as applicable7 shall prepare and submit a fishery management plan1 or any necessary amendment to such a plan1 if the fishery requires conservation and management under this ,act4 7,e7 7i7 ,at the request of a ,council in accordance with the procedures established under subparagraph 7,a71 the ,secretary shall determine whether a fishery described in subparagraph 7,b7 no longer has a substantial portion that extends beyond the geographical area of authority of any one ,council4 7ii7 ,if the ,secretary determines under clause 7i7 that a fishery no longer has a substantial portion that extends beyond the geographical area of authority of any one ,council-- 7,i7 the ,secretary shall determine in which ,council's geographical area of authority the fishery is predominant2 and 7,,ii7 not later than #b years after the date on which the determination under subclause 7,i7 is made1 and at such other times as required under this ,act1 the ,council determined under such subclause shall prepare and submit a fishery management plan1 or any necessary amendment to such a plan1 if the fishery requires conservation and management under this ,act4 7iii7 ,notwithstanding subsection 7h71 on the date of implementation of a fishery management plan under clause 7ii77,,ii71 any preceding fishery management plan with respect to such fishery is repealed4 7,f7 ,the ,secretary shall1 through notice and comment rulemaking1 identify its criteria in determining under subparagraphs 7,b7 and 7,e7 whether a substantial portion of a fishery extends beyond the geographical area of authority of any one ,council4 2 and 7#d7 by adding at the end the following3 7#d7 ,no jointly prepared plan or amendment1 as described in paragraph 7#a77;,b71 7#b77;,b77ii77,,ii71 or 7#b77;,c77ii7 may be submitted to the ,secretary unless it is approved by a majority of the voting members1 present and voting1 of each ,council concerned4 7#e7 ,this subsection shall not apply with respect to any fishery to which section #cjb7;a77#c7 applies4 7#f7 ,nothing in this subsection shall be construed as modifying or superseding subsection 7e71 section #cjb7;h77#a71 or any other provision of this ,act4 4 #d4 ,fishery authorization ,section #cje7;a7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahee7;a77 is amended-- 7#a7 in paragraph 7#b71 by striking as to require notification under paragraph 7#c7 and inserting under this subsection2 7#b7 by striking paragraphs 7#c7 and 7#d7 and inserting the following3 7#c7 ,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 analysis1 in accordance with the guidance under paragraph 7#g71 has been conducted by an appropriate ,council1 and the analysis concludes the potential new fishery or fishing gear will have minimal adverse effects 7as defined in section #fjj4haj7;a7 of title #ej1 ,code of ,federal ,regulations 7or successor regulations77 on essential fish habitat1 existing fisheries1 fishing communities1 and the marine ecosystem4 7#d7 7,a7 ,not later than #ah months after the date of enactment of the ,supporting ,healthy ,interstate ,fisheries in ,transition ,act1 and at least once every #e years thereafter1 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 list1 if needed1 in specific and narrow terms1 including geographic range4 ,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 habitat1 existing fisheries1 fishing communities1 and the marine ecosystems1 for the ,secretary to review under paragraph 7#c74 7,b7 ,as soon as practicable after receiving a proposed change under subparagraph 7,a7 to add a new fishery or gear to the list under this subsection1 the ,secretary shall make a determination under paragraph 7#c74 ,if the ,secretary determines that the proposed change is consistent with such paragraph1 this ,act1 and other applicable law1 the ,secretary shall publish a proposed list under this subsection to include such fishery or gear1 along with the appropriate ,council's analysis and the ,secretary's determination of sufficiency of the analysis consistent with paragraph 7#c71 and provide an opportunity for public comment before publishing the final1 revised list4 7,c7 ,as soon as practicable after publication of a final1 revised list under this subsection in accordance with subparagraph 7,b71 the appropriate ,council shall1 in accordance with section #cjc1 prepare a fishery management plan or a plan amendment1 if such fishery requires conservation and management under this ,act1 and the ,secretary has approved and implemented such plan or amendment4 ,nothing in the preceding sentence shall affect the authority to operate under a permit issued under section #cah7;d74 7,d7 ,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 ,council4 ,upon receiving notice pursuant to the preceding sentence1 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 subsection4 2 and 7#c7 by adding at the end the following3 7#g7 ,the ,secretary shall issue guidance for making a determination under paragraph 7#c74 7#h7 ,nothing in this subsection shall restrict the issuance of or requirements for the experimental permitting process under section #cah7;d71 the cooperative research and management program under section #cah1 the bycatch reduction engineering program under section #caf1 or other research or data collection activities authorized under this ,act4 4