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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3658 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 3658
To support healthy fisheries in dynamic ocean conditions, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 15, 2026
Mr. Blumenthal (for himself, Mr. Murphy, and Ms. Warren) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To support healthy fisheries in dynamic ocean conditions, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Supporting Healthy Interstate
Fisheries in Transition Act'' or the ``SHIFT Act''.
SEC. 2. SHIFTING STOCKS.
Section 805(a) of the Atlantic Coastal Fisheries Cooperative
Management Act (16 U.S.C. 5104(a)) is amended by adding at the end the
following:
``(3) The Secretary shall encourage the Commission to
include data regarding changes to the ecosystem in its coastal
fishery management plans or plan amendments, and when
establishing or revising quota allocations between any State,
Federal, or other management unit in such a plan or amendment,
the Secretary shall account for, using the best scientific
information available, any impact from ecological changes on
coastal fishery resources, including--
``(A) any change or shifting trend in fish
abundance and distribution; and
``(B) any potential ecological impact, including
food web and habitat impacts, arising from such revised
quota allocations.''.
SEC. 3. ACTION BY THE SECRETARY.
Section 304(f) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1854(f)) is amended--
(1) in paragraph (1)--
(A) by striking ``as provided in paragraph (3)''
and inserting ``as provided in paragraph (2)''; and
(B) by striking ``No jointly prepared plan'' and
all that follows through ``each Council concerned.'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:
``(2)(A) 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.
``(B) Based on the best scientific information available,
the Secretary shall--
``(i) review any indicator of--
``(I) a documented shift in stock
distribution indicating a significant shift of
a stock's average abundance has moved into
another council's jurisdiction;
``(II) a significant shift in the average
proportion of a fishery's recreational fishing
effort into another council's jurisdiction;
``(III) a significant shift in the average
proportion of a fishery's landings revenue
accruing to another council's jurisdiction; or
``(IV) any other fishery-specific indicator
determined by the Secretary or relevant
council; and
``(ii) 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--
``(I) regulatory requirements;
``(II) consumer demand or market forces; or
``(III) socioeconomic factors.
``(C) 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--
``(i) 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
``(ii) 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--
``(I) 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
``(II) 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.
``(D) 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--
``(i) 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
``(ii) 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.
``(E) 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.
``(F)(i) 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.
``(ii) 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--
``(I) the Secretary shall determine in
which Council's geographical area of authority
the fishery is predominant; and
``(II) 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.
``(iii) 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.
``(G) 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
(4) by adding at the end the following:
``(4) 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.
``(5) This subsection shall not apply with respect to any
fishery to which section 302(a)(3) applies.
``(6) Nothing in this subsection shall be construed as
modifying or superseding subsection (e), section 302(h)(1), or
any other provision of this Act.''.
SEC. 4. FISHERY AUTHORIZATION.
Section 305(a) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1855(a)) is amended--
(1) in paragraph (2), by striking ``as to require
notification under paragraph (3)'' and inserting ``under this
subsection'';
(2) by striking paragraphs (3) and (4) and inserting the
following:
``(3) 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--
``(A) 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
``(B) 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.
``(4)(A) 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).
``(B) 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.
``(C) 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--
``(i) 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;
``(ii) 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
``(iii) 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.
``(D) 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).
``(E) 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
(3) by adding at the end the following:
``(7) The Secretary shall issue guidance for making a
determination under paragraph (3).
``(8) 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.''.
SEC. 5. REPORTS.
Not later than 5 years after the date of enactment of this Act and
not less frequently than every 5 years thereafter, the Secretary of
Commerce shall submit a report to Congress on implementation of this
Act and the amendments made by this Act, including metrics on resolved
transboundary fisheries and ecological data integration.
SEC. 6. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
the date that is 180 days after the date of enactment of this Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
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