I 
118TH CONGRESS 
2D SESSION 
H. R. 9821 
To improve the management of forage fish. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 25, 2024 
Mrs. DINGELL (for herself and Mr. MAST) introduced the following bill; which 
was referred to the Committee on Natural Resources 
A BILL 
To improve the management of forage fish. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Forage Fish Conserva-
tion Act of 2024’’. 
SEC. 2. FINDINGS. 
Section 2(a) of the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1801(a)) is 
amended by adding at the end the following: 
‘‘(14) Forage fish are generally small to inter-
mediate-sized species, occurring in schools or dense 
aggregations, and function as a main pathway for 
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energy to flow from phyto- and zooplankton to high-
er trophic level predators, including tuna, Alaska 
pollock, and other wildlife, in marine ecosystems. 
While most species function as prey of others at 
some life stage, especially when small and young, 
forage fish maintain this important trophic role 
throughout their life. Further, fluctuations in their 
populations can result in significant changes in ma-
rine communities and ecosystems. Therefore, par-
ticular attention to management of forage fish spe-
cies, and addressing their unique role in marine eco-
systems, is critical to maintaining ecosystem func-
tion and sustainable fisheries.’’. 
SEC. 3. DEFINITIONS. 
(a) SECRETARY TO DEFINE FORAGE FISH.—Section 
305 of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1855) is amended by adding 
at the end the following: 
‘‘(l) FORAGE FISH.—Not later than 12 months after 
the date of the enactment of the Forage Fish Conservation 
Act of 2024, the Secretary, with advice from the Councils, 
shall issue a definition of the term ‘forage fish’ for the 
purposes of this Act, giving due consideration to defini-
tions of ‘forage fish’ included in approved fishery manage-
ment plans. In defining such term, the Secretary shall con-
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sider factors including whether a species covered by such 
definition, throughout the lifecycle of such species— 
‘‘(1) is at a low trophic level; 
‘‘(2) is generally small- to intermediate-sized; 
‘‘(3) occurs in schools or other dense aggrega-
tions; 
‘‘(4) contributes significantly to the diets of 
other fish, marine mammals, or birds; and 
‘‘(5) serves as a conduit for energy transfer to 
species at a higher trophic level.’’. 
(b) DEFINITIONS.—Section 3 of the Magnuson-Ste-
vens Fishery Conservation and Management Act (16 
U.S.C. 1802) is amended— 
(1) by redesignating the second paragraph (33) 
as paragraph (53); 
(2) by redesignating paragraphs (28) through 
(50) as paragraphs (30) through (52), respectively; 
(3) by redesignating paragraphs (19) through 
(27) as paragraphs (20) through (28), respectively; 
(4) by inserting after paragraph (18) the fol-
lowing: 
‘‘(19) The term ‘forage fish’— 
‘‘(A) has the meaning given the term by 
the Secretary under section 305(l); and 
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‘‘(B) with respect to a species in a fishery 
managed pursuant to a fishery management 
plan or plan amendment that is approved by 
the Secretary, in coordination with the Coun-
cils, under section 304(a), means any species 
identified in such plan as a forage fish.’’; and 
(5) by inserting after paragraph (28), as so re-
designated by paragraph (3) of this section, the fol-
lowing: 
‘‘(29) The term ‘low trophic level’ means a posi-
tion in the marine food web in which the fish gen-
erally consume plankton.’’. 
SEC. 4. SCIENTIFIC ADVICE. 
Section 302(g)(1)(B) of the Magnuson-Stevens Fish-
ery Conservation and Management Act (16 U.S.C. 
1852(g)(1)(B)) is amended to read as follows: 
‘‘(B) Each scientific and statistical committee 
shall provide its Council ongoing scientific advice for 
fishery 
management 
decisions, 
including 
rec-
ommendations for— 
‘‘(i) acceptable biological catch; 
‘‘(ii) preventing overfishing; 
‘‘(iii) maximum sustainable yield; 
‘‘(iv) achieving rebuilding targets; 
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‘‘(v) maintaining a sufficient abundance, 
diversity, and localized distribution of forage 
fish populations to support their role in marine 
ecosystems; and 
‘‘(vi) reports on stock status and health, 
bycatch, habitat status, social and economic im-
pacts of management measures, and sustain-
ability of fishing practices.’’. 
SEC. 5. COUNCIL FUNCTIONS. 
(a) RESEARCH PRIORITIES.—Section 302(h)(7) of 
the Magnuson-Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1852(h)(7)) is amended, in the mat-
ter preceding subparagraph (A), by inserting ‘‘forage fish 
populations and distribution,’’ after ‘‘habitats,’’. 
(b) UNMANAGED FORAGE FISH.—Section 302(h) of 
the Magnuson-Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1852(h)) is amended— 
(1) in paragraph (8), by striking ‘‘and’’ at the 
end; 
(2) by redesignating paragraph (9) as para-
graph (10); and 
(3) by inserting after paragraph (8) the fol-
lowing: 
‘‘(9) develop a list of unmanaged forage fish oc-
curring in the area under its authority and rec-
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ommend within fishery management plans the prohi-
bition of the development of any new directed forage 
fish fishery until the Council has— 
‘‘(A) considered the best scientific informa-
tion available and evaluated the potential im-
pacts of forage fish harvest on existing fish-
eries, fishing communities, and the marine eco-
system; 
‘‘(B) determined whether conservation and 
management of the forage fish fishery is need-
ed; 
‘‘(C) if a determination is made that con-
servation and management is needed, prepared 
and submitted to the Secretary a fishery man-
agement plan or amendment consistent with 
section 303; and 
‘‘(D) received final, approved regulations 
from 
the 
Secretary 
pursuant 
to 
section 
304(b)(3); and’’. 
(c) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b) shall take effect 2 years after the 
date of the enactment of this Act. 
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SEC. 6. CONTENTS OF FISHERY MANAGEMENT PLANS. 
(a) FORAGE FISH MANAGEMENT.—Section 303(a) of 
the Magnuson-Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1853(a)) is amended— 
(1) in paragraph (14), by striking ‘‘and;’’ and 
inserting a semicolon; 
(2) in paragraph (15), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(16) when setting annual catch limits for for-
age fish fisheries, assess and specify such limits by 
the diet needs of fish species and other marine wild-
life, such as marine mammals and birds, for which 
forage fish is a significant part of their diet.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect 5 years after the date of 
the enactment of this Act. 
SEC. 7. ACTION BY SECRETARY OF COMMERCE. 
Section 304 of the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1854) is 
amended— 
(1) by redesignating the second subsection (i) 
as subsection (j); and 
(2) by adding at the end the following: 
‘‘(k) FORAGE FISH MANAGEMENT GUIDELINES.— 
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