119-hr3714

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3714 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 3714

 To improve the management of forage fish.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 June 4, 2025

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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Forage Fish Conservation Act of 
2025''.

SEC. 2. FINDINGS.

 

Section 2

    (a) of the Magnuson-Stevens Fishery Conservation 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 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, 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 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. 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 2025, 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 
definitions of `forage fish' included in approved fishery management 
plans. In defining such term, the Secretary shall consider 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 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 of the Magnuson-Stevens 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 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, in 
 coordination with the Councils, under 

section 304

    (a) , 
 means any species identified in such plan as a forage 
 fish.''; and

    (5) by inserting after paragraph

    (28) , as so redesignated 
 by paragraph

    (3) of this section, the following:
 ``

    (29) The term `low trophic level' means a position in the 
 marine food web in which the fish generally consume 
 plankton.''.

SEC. 4. SCIENTIFIC ADVICE.

 

Section 302

    (g)

    (1)
        (B) of the Magnuson-Stevens Fishery 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 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. 5. COUNCIL FUNCTIONS.

    (a) Research Priorities.--

Section 302

    (h)

    (7) of the Magnuson-Stevens 
Fishery Conservation and Management Act (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) of the Magnuson-Stevens 
Fishery Conservation and Management 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 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 recommend within fishery 
 management plans the prohibition of 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 the enactment of this Act.

SEC. 6. CONTENTS OF FISHERY MANAGEMENT PLANS.

    (a) Forage Fish Management.--

Section 303

    (a) of the Magnuson-Stevens 
Fishery Conservation and Management 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 forage fish 
 fisheries, assess and specify 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 the enactment of this Act.

SEC. 7. ACTION BY SECRETARY OF COMMERCE.

 

Section 304 of the Magnuson-Stevens Fishery Conservation 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.--
 ``

    (1) In general.--Not later than 18 months after the date 
 of the enactment of Forage Fish Conservation Act of 2025, the 
 Secretary, in coordination with the Councils, 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. 8. 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 
the 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 1 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. 9. RULE OF CONSTRUCTION.

 Nothing in this Act may 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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