PolicyBrief
S. 3658
119th CongressJan 15th 2026
SHIFT Act
IN COMMITTEE

The SHIFT Act mandates that fishery management accounts for ecological changes, establishes new processes for managing fisheries that cross regional council jurisdictions, and revises the authorization process for new fisheries and gear.

Richard Blumenthal
D

Richard Blumenthal

Senator

CT

LEGISLATION

New SHIFT Act Mandates Ecological Data for Fishery Quotas, Streamlines Cross-State Management

Alright, let's talk about the SHIFT Act, or the Supporting Healthy Interstate Fisheries in Transition Act. This bill is all about updating how we manage our Atlantic coastal fisheries, especially as things like fish populations and their habitats are, well, shifting. Think of it as an overdue software update for how we keep our oceans healthy and our fishing industries sustainable.

The Ocean's New Compass: Ecological Data

First up, this bill tells the Secretary of Commerce to really lean into ecological changes when setting fishing quotas for Atlantic coastal fisheries. Specifically, Section 2 amends the Atlantic Coastal Fisheries Cooperative Management Act to require the Atlantic States Marine Fisheries Commission to start including data on ecosystem changes in its fishery management plans. So, when they're deciding how many fish can be caught, they're not just looking at fish numbers, but also at how fish abundance and distribution are changing and what potential ecological impacts (like effects on food webs and habitats) might come from new quotas. This means if a fish stock is moving north because the waters are warming, the management plans are supposed to reflect that, using the "best scientific information available." For folks whose livelihoods depend on fishing, this could mean more adaptive and potentially more stable management in the long run, even if it introduces new variables into the decision-making process.

Navigating the Waters: Cross-State Fisheries

Ever wonder what happens when a fish stock decides to hang out in two different states' waters, or even across the jurisdiction of multiple regional fishery management councils? Section 3 of the SHIFT Act tackles this head-on by amending the Magnuson-Stevens Fishery Conservation and Management Act. It sets up a new process for the Secretary of Commerce to determine if a "substantial portion" of a fishery has moved beyond one council's area. This isn't just a hunch; it's based on indicators like a documented shift in fish stock distribution, a significant shift in recreational fishing effort, or a change in landings revenue across jurisdictions. If a fishery is deemed cross-jurisdictional, the affected councils have a year to either designate one council to lead or agree to manage it jointly. If they can't agree, the Secretary steps in to make the call. This is huge for avoiding those bureaucratic headaches where everyone's trying to manage the same fish in different ways. It’s like finally getting all the neighboring HOAs to agree on a single set of rules for the shared park, which means less confusion and hopefully more effective conservation.

New Gear, New Rules: Authorizing Fishing Activities

Section 4 is all about how new types of fishing or fishing gear get the green light. Currently, new methods can sometimes pop up without a lot of oversight. This bill says the Secretary can only add a new fishery or gear to the authorized list after a Council does a deep dive and determines it will have "minimal adverse effects" on essential fish habitat, existing fisheries, fishing communities, and the marine ecosystem. Councils will also need to review their authorized lists every five years, proposing changes that are "specific and narrow." This means no more wild west for new fishing techniques; everything gets vetted to ensure it doesn't mess up the environment or existing jobs. There's even a provision for "interim experimental fishing" under a permit, so new ideas can be tested responsibly to gather data before full authorization. This is a win for environmental protection and for ensuring that new fishing tech doesn't accidentally tank someone else's livelihood.

Keeping Tabs: Reporting Back to Congress

Finally, Section 5 makes sure someone's actually checking if all this new stuff is working. The Secretary of Commerce has to send a report to Congress within five years of the law taking effect, and then every five years after that. These reports need to cover how the Act is being implemented, including metrics on resolved transboundary fisheries and ecological data integration. It’s a good old-fashioned accountability check, making sure the government is actually doing what the bill says it should. The whole thing kicks off 180 days after it becomes law, giving everyone a little time to get ready. Overall, this bill looks like a solid step towards more science-driven, coordinated, and environmentally conscious fishery management, which is good news for our oceans and the folks who rely on them.