Forage Fish Conservation Act of 2021
Bill: H.R.5770 | Sponsor: Rep. Dingell, Debbie (D-MI)
Policy area: Animals

Summary:
Forage Fish Conservation Act of 2021
This bill addresses the management and conservation of forage fish.
The Department of Commerce must issue a definition for the term forage fish. It must consider certain factors in defining such term, including whether a species covered by the definition (1) is at a low trophic level; (2) is generally small to intermediate-sized; (3) occurs in schools or other dense aggregations; (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.
Commerce must also establish guidelines to assist regional fishery management councils in (1) developing a list of unmanaged forage fish areas and prohibiting the development of any new forage fish fisheries until the potential impacts of such fisheries have been assessed; and (2)	setting annual catch limits for forage fish fisheries that assess, specify, and reduce such limits by the diet needs of other fish species and marine wildlife.
The bill adds shad (American shad and hickory shad)	and river herring (blueback herring and alewife)	to the list of managed stocks for the New England and Mid-Atlantic Fishery Management Council.

To improve the management of forage fish.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Forage Fish 
Conservation Act of 2021''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References to the Magnuson-Stevens Fishery Conservation and 
                            Management Act.
Sec. 3. Findings.
Sec. 4. Definitions.
Sec. 5. Scientific advice.
Sec. 6. Council functions.
Sec. 7. Contents of fishery management plans.
Sec. 8. Action by the Secretary.
Sec. 9. River herring and shad.
Sec. 10. Rule of construction.

SEC. 2. REFERENCES TO THE MAGNUSON-STEVENS FISHERY CONSERVATION AND 
              MANAGEMENT ACT.

    Except as otherwise expressly provided, wherever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.).

SEC. 3. FINDINGS.

    Section 2(a) (16 U.S.C. 1801(a)) is amended by adding at the end 
the following:
            ``(14) Forage fish are generally small to intermediate-
        sized species, occurring in schools or dense aggregations, and 
        function as a main pathway for energy to flow from phyto- and 
        zooplankton to higher trophic level predators, such as 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 marine communities and ecosystems. Therefore, 
        particular attention to management of forage fish species, and 
        addressing their unique role in marine ecosystems, is critical 
        to maintaining ecosystem function and sustainable fisheries.''.

SEC. 4. DEFINITIONS.

    (a) Secretary To Define Forage Fish.--Section 305 (16 U.S.C. 1855) 
is amended by adding at the end the following:
    ``(l) Forage Fish.--Not later than 6 months after the date of 
enactment of the Forage Fish Conservation Act of 2021, the Secretary 
shall issue a definition of the term `forage fish' for the purposes of 
this Act. In defining such term, the Secretary shall consider factors 
including whether a species covered by such definition, throughout such 
species' lifecycle--
            ``(1) is at a low trophic level;
            ``(2) is generally small- to intermediate-sized;
            ``(3) occurs in schools or other dense aggregations;
            ``(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 (16 U.S.C. 1802) is amended--
            (1) by redesignating the second paragraph (33) (relating to 
        waters of a foreign nation) 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 following:
            ``(19) The term `forage fish'--
                    ``(A) has the meaning given the term by the 
                Secretary under section 305(l); and
                    ``(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 under 
                section 304(a), means any species identified in such 
                plan as a forage fish.'';
            (5) by inserting after paragraph (28), as redesignated by 
        paragraph (3), the following:
            ``(29) The term `low trophic level' means a position in the 
        marine food web in which the fish generally consume 
        plankton.''; and
            (6) in paragraph (35), as redesignated by paragraph (2)--
                    (A) in subparagraph (B), by striking ``and'';
                    (B) in subparagraph (C), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(D) in the case of a forage fish, is reduced, 
                pursuant to subparagraph (B), to provide for the diet 
                needs of fish species and other marine wildlife, 
                including marine mammals and birds, for which forage 
                fish is a significant dietary component.''.

SEC. 5. SCIENTIFIC ADVICE.

    Section 302(g)(1)(B) (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 recommendations 
                for--
                            ``(i) acceptable biological catch;
                            ``(ii) preventing overfishing;
                            ``(iii) maximum sustainable yield;
                            ``(iv) achieving rebuilding targets;
                            ``(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 
                        impacts of management measures, and 
                        sustainability of fishing practices.''.

SEC. 6. COUNCIL FUNCTIONS.

    (a) Research Priorities.--Section 302(h)(7) (16 U.S.C. 1852(h)(7)) 
is amended, in the matter preceding subparagraph (A), by inserting 
``forage fish populations and distribution,'' after ``habitats,''.
    (b) Unmanaged Forage Fish.--Section 302(h) (16 U.S.C. 1852(h)) is 
amended--
            (1) in paragraph (8), by striking ``; and'' and inserting 
        ``;'';
            (2) by redesignating paragraph (9) as paragraph (10); and
            (3) by inserting after paragraph (8) the following:
            ``(9) 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--
                    ``(A) considered the best scientific information 
                available and evaluated the potential impacts of forage 
                fish harvest on existing fisheries, fishing 
                communities, and the marine ecosystem;
                    ``(B) determined whether conservation and 
                management of the forage fish fishery is needed;
                    ``(C) if a determination is made that conservation 
                and management is needed, prepared and submitted to the 
                Secretary a fishery management 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 enactment of this Act.

SEC. 7. CONTENTS OF FISHERY MANAGEMENT PLANS.

    (a) Forage Fish Management.--Section 303(a) (16 U.S.C. 1853(a)) is 
amended--
            (1) in paragraph (14), by striking ``and;'' and inserting 
        ``;'';
            (2) in paragraph (15), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(16) when setting annual catch limits for forage fish 
        fisheries, assess, specify, and reduce such limits by the diet 
        needs of fish species and other marine wildlife, 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 enactment of this Act.

SEC. 8. ACTION BY THE SECRETARY.

    Section 304 (16 U.S.C. 1854) is amended--
            (1) by redesignating the second subsection (i) (relating to 
        international overfishing) as subsection (j); and
            (2) by adding at the end the following:
    ``(k) Forage Fish Management Guidelines.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of the Forage Fish Conservation Act of 2021, the 
        Secretary shall establish by regulation guidelines to assist 
        the Councils in implementing sections 3(19), 302(h)(9), and 
        303(a)(16).
            ``(2) Workshops.--In developing the guidelines under 
        paragraph (1), the Secretary shall conduct workshops with 
        Councils and other scientific, fisheries, and conservation 
        interests.''.

SEC. 9. RIVER HERRING AND SHAD.

    (a) Definitions.--In this section--
            (1) River herring.--The term ``river herring'' means 
        blueback herring (Alosa aestivalis) and alewife (Alosa 
        pseudoharengus).
            (2) Shad.--The term ``shad'' means American shad (Alosa 
        sapidissima) and hickory shad (Alosa mediocris).
    (b) Amendments of Plans.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Commerce shall--
            (1) amend the fishery management plans for the Atlantic 
        Herring and Atlantic Mackerel, Squid, 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 302(h)(1) of the Magnuson-Stevens Fishery Conservation 
        and Management Act (16 U.S.C. 1852(h)(1));
            (2) initiate additional fishery management plan amendments 
        to be completed in not more than 1 year from the date of the 
        addition of the species identified in paragraph (1) 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 (16 U.S.C. 1801 et 
        seq.), and all other applicable law; and
            (3) notwithstanding any other law, rule, or fishery 
        management plan provision, including conservation and 
        management measures under section 303(a)(11) of the Magnuson-
        Stevens Fishery Conservation and Management Act (16 U.S.C. 
        1853(a)(11)), reallocate existing resources to provide, for not 
        less than 50 percent of all relevant fishing trips, not fewer 
        than one at-sea observer or an on-board electronic or video 
        means of producing equivalent at-sea monitoring information, 
        for any vessel using mid-water trawl or paired mid-water trawl 
        fishing gear in the Atlantic herring and Atlantic mackerel 
        fisheries.

SEC. 10. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed as--
            (1) extending or diminishing the jurisdiction or authority 
        of any State within its boundaries; or
            (2) affecting--
                    (A) section 306 of the Magnuson-Stevens Fishery 
                Conservation and Management Act (16 U.S.C. 1856); or
                    (B) the Atlantic Coastal Fisheries Cooperative 
                Management Act (16 U.S.C. 5101 et seq.).
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