(1)

in paragraph (1)—

(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.

(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.