S.Amdt. 1785

SA 1785. Ms. MURKOWSKI submitted an amendment intended to be proposed
to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense and for military construction, to
prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title X, add the following:

SEC. 1085. AVOIDANCE OF COMMERCIAL AND SUBSISTENCE FISHERIES.

(a) In General.--To the maximum extent practicable, the
Secretary of Defense shall--
(1) endeavor to conduct training exercises in a manner that
minimizes impact on subsistence and commercial fisheries and
the long term health of fish species and stocks; and
(2) endeavor to schedule and locate training exercises
outside of fishing grounds during fishing seasons.
(b) Consultation.--
(1) Requirement.--Not later than 6 months prior to the
commencement of a training exercise subject to subsection
(a), the Secretary of Defense shall consult with the Director
of the National Marine Fisheries Service, State and tribal
fish and wildlife managers, fishery user groups, and Regional
Fishery Management Councils established under section 302 of
the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1852) with respect to the scheduling and location
of the training exercise.
(2) Nonapplicability of faca.--A consultation pursuant to
paragraph (1) shall not be subject to the requirements of the
Federal Advisory Committee Act (5 U.S.C. App.).
(c) Exception for National Security.--Subsection (a) shall
not apply if the Secretary of Defense determines that
application of such subsection is not in the national
security interest of the Untied States.
(d) Construction.--Nothing in this section may be construed
to create any legal right or provide a private right of
action for any person.
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