[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4690 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 4690

To reauthorize and amend the Magnuson-Stevens Fishery Conservation and 
                Management Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2021

 Mr. Huffman (for himself and Mr. Case) introduced the following bill; 
   which was referred to the Committee on Natural Resources, and in 
     addition to the Committee on Agriculture, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To reauthorize and amend the Magnuson-Stevens Fishery Conservation and 
                Management Act, and for other purposes.

    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 ``Sustaining America's Fisheries for 
the Future Act of 2021''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is the following:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Definitions.
Sec. 5. Conforming amendments to the table of contents of the Magnuson-
                            Stevens Fishery Conservation and Management 
                            Act.
                    TITLE I--CLIMATE-READY FISHERIES

Sec. 101. Findings, purpose, and policy.
Sec. 102. Promoting climate resilience in fisheries management.
Sec. 103. Incorporating climate science.
Sec. 104. Climate-ready fisheries innovation program.
Sec. 105. Managing shifting stocks.
Sec. 106. Emerging fisheries.
                TITLE II--SUPPORTING FISHING COMMUNITIES

Sec. 201. Fishery resource disaster relief.
Sec. 202. Subsistence fishing.
Sec. 203. Working Waterfronts Grant Program.
Sec. 204. Seafood marketing.
Sec. 205. Community participation in limited access privilege programs.
Sec. 206. Findings.
        TITLE III--STRENGTHENING PUBLIC PROCESS AND TRANSPARENCY

Sec. 301. Tribal representation at the Pacific Fishery Management 
                            Council.
Sec. 302. Tribal representation at the North Pacific Fishery Management 
                            Council.
Sec. 303. Atlantic Councils.
Sec. 304. Council procedures and participation.
Sec. 305. Council accountability and membership.
Sec. 306. Amendments to Western Pacific Sustainable Fisheries Fund.
Sec. 307. National Oceanic and Atmospheric Administration sexual 
                            harassment and assault prevention.
Sec. 308. Saltonstall-Kennedy Act reform.
            TITLE IV--MODERNIZING FISHERIES SCIENCE AND DATA

Sec. 401. Data modernization.
Sec. 402. Expanding and improving electronic technologies.
Sec. 403. Stock Assessments.
Sec. 404. Cooperative research and management.
Sec. 405. Northeast Regional pilot research trawl survey and study.
Sec. 406. Recreational data consistency.
Sec. 407. Emergency operating plans.
Sec. 408. Zeke Grader Fisheries Conservation and Management Fund.
Sec. 409. Offshore wind collaboration.
 TITLE V--SUSTAINING FISHERIES THROUGH HEALTHY ECOSYSTEMS AND IMPROVED 
                               MANAGEMENT

Sec. 501. Sense of Congress.
Sec. 502. Essential fish habitat consultation.
Sec. 503. Reducing bycatch.
Sec. 504. Improving rebuilding outcomes.
Sec. 505. Depleted fisheries and preventing overfishing.
Sec. 506. Preparation and review of secretarial plans.
Sec. 507. Councils.
Sec. 508. Forage fish conservation.
Sec. 509. Funding for monitoring implementation of Northeast 
                            Multispecies Fishery Management Plan.
Sec. 510. Authorization of appropriations.

SEC. 3. REFERENCES.

    Except as otherwise expressly provided in this Act, 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 that section or other provision of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.).

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.

SEC. 5. CONFORMING AMENDMENTS TO THE TABLE OF CONTENTS OF THE MAGNUSON-
              STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT.

    The table of contents is amended to read as follows:

``Sec. 2. Findings, purposes, and policy.
``Sec. 3. Definitions.
``Sec. 4. Authorization of appropriations.
   ``TITLE I--UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND 
                           FISHERY RESOURCES

``Sec. 101. United States sovereign rights to fish and fishery 
                            management authority.
``Sec. 102. Highly migratory species.
    ``TITLE II--FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS

``Sec. 201. Foreign fishing.
``Sec. 202. International fishery agreements.
``Sec. 203. Congressional oversight of international fishery 
                            agreements.
``Sec. 204. Permits for foreign fishing.
``Sec. 205. Import prohibitions.
``Sec. 206. Large-scale driftnet fishing.
``Sec. 207. International monitoring and compliance.
            ``TITLE III--NATIONAL FISHERY MANAGEMENT PROGRAM

``Sec. 301. National standards for fishery conservation and management.
``Sec. 302. Regional fishery management councils.
``Sec. 303. Contents of fishery management plans.
``Sec. 304. Action by the Secretary.
``Sec. 305. Other requirements and authority.
``Sec. 306. State jurisdiction.
``Sec. 307. Prohibited Acts.
``Sec. 308. Civil penalties and permit sanctions.
``Sec. 309. Criminal offenses.
``Sec. 310. Civil forfeitures.
``Sec. 311. Enforcement.
``Sec. 312. Transition to sustainable fisheries.
``Sec. 313. North Pacific fisheries conservation.
``Sec. 314. Northwest Atlantic Ocean fisheries reinvestment program.
``Sec. 315. Regional Coastal Disaster Assistance, Transition, and 
                            Recovery Program.
``Sec. 316. Bycatch Reduction Engineering Program.
``Sec. 317. Shark Feeding.
``Sec. 318. Cooperative Research and Management Program.
``Sec. 319. Herring Study.
``Sec. 320. Restoration Study.
``Sec. 321. Required possession of descending devices.
``Sec. 322.Increasing resilience of fish stocks to climate change.
              ``TITLE IV--FISHERY MONITORING AND RESEARCH

``Sec. 401. Registration and information management.
``Sec. 402. Information collection.
``Sec. 403. Observers.
``Sec. 404. Fisheries research.
``Sec. 405. Incidental harvest research.
``Sec. 406. Fisheries systems research.
``Sec. 407. Gulf of Mexico red snapper research.
``Sec. 408. Deep sea coral research and technology program.
``Sec. 409. Recreational data improvement program.''.

                    TITLE I--CLIMATE-READY FISHERIES

SEC. 101. FINDINGS, PURPOSE, AND POLICY.

    Section 2 (16 U.S.C. 1801) is amended--
            (1) in subsection (a)--
                    (A) by amending paragraph (2) to read as follows:
            ``(2) Certain stocks of fish have declined to the point 
        where their survival is threatened, and other stocks of fish 
        have been so substantially reduced in number that they could 
        become similarly threatened as a consequence of--
                    ``(A) increased fishing pressure;
                    ``(B) the inadequacy of fishery resource 
                conservation and management practices and controls;
                    ``(C) direct and indirect habitat losses which have 
                resulted in a diminished capacity to support existing 
                fishing levels; or
                    ``(D) changing environmental conditions, including 
                those associated with climate change.'';
                    (B) in paragraph (6), by inserting ``to account for 
                the impacts of environmental changes on stocks of 
                fish,'' after ``insure conservation,'';
                    (C) by amending paragraph (9) to read as follows:
            ``(9) One of the greatest long term threats to the 
        viability of commercial and recreational fisheries is the 
        continuing degradation of marine ecosystems, including the loss 
        of marine, estuarine, and other aquatic habitats, including as 
        a result of changing environmental conditions associated with 
        climate change. Habitat and ecosystem considerations should 
        receive increased attention for the conservation and management 
        of fishery resources of the United States.'';
                    (D) by adding at the end the following:
            ``(14) Environmental changes associated with climate 
        change, including changes in water temperature, ocean 
        acidification, and deoxygenation, are rapidly altering the 
        abundance, productivity, and distribution of fish and are 
        affecting commercial, recreational, and subsistence fisheries.
            ``(15) The impacts of climate change on fish and their 
        habitats are resulting in management and sustainability 
        challenges that threaten to negatively impact marine 
        ecosystems, fishery resources, and coastal communities.'';
            (2) by amending subsection (b)(5) to read as follows:
            ``(5) to establish Regional Fishery Management Councils to 
        exercise sound judgement in the stewardship of fishery 
        resources through the preparation, monitoring, and revision of 
        such plans under circumstances--
                    ``(A) which will enable the States, the fishing 
                industry, consumer and environmental organizations, and 
                other interested persons to participate in, and advise 
                on, the establishment and administration of such plans;
                    ``(B) which take into account the social and 
                economic needs of the States; and
                    ``(C) which address the impacts of environmental 
                conditions associated with climate change on stocks of 
                fish, marine ecosystems, fisheries management, and 
                coastal communities.''; and
            (3) in subsection (c)--
                    (A) in paragraph (6), by striking ``and'' after the 
                semicolon at the end;
                    (B) in paragraph (7), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(8) to promote management that accounts for changes in 
        stocks of fish and the marine environment that result from 
        climate change; and
            ``(9) to ensure that the research, resource management, and 
        expenditures to prepare fisheries and fishing communities for 
        climate change promote racial and socioeconomic equity with 
        respect to environmental, economic, and social outcomes across 
        fisheries and regions.''.

SEC. 102. PROMOTING CLIMATE RESILIENCE IN FISHERIES MANAGEMENT.

    (a) In General.--Section 303(a) (16 U.S.C. 1853(a)) is amended--
            (1) in paragraph (1)(A), by inserting ``and to promote the 
        resilience of fish stocks to cumulative stressors, including 
        cumulative stressors associated with climate change'' before 
        the semicolon at the end;
            (2) by amending paragraph (3) to read as follows:
            ``(3) assess and specify the present and probable future 
        condition of, and the maximum sustainable yield and optimum 
        yield from, the fishery under prevailing and anticipated future 
        environmental conditions, and include a summary of the 
        information used in making such specification;'';
            (3) in paragraph (8), by striking ``1991'' and inserting 
        ``2021'', and by inserting ``, including data needed to 
        implement the plan effectively under prevailing and anticipated 
        environmental or ecological conditions, including climate 
        change'' before the semicolon at the end;
            (4) in paragraph (13), by inserting ``as well as examine 
        the vulnerability of the fishery and fishery participants to 
        the impacts of prevailing and anticipated environmental or 
        ecological conditions, including climate change'' before the 
        semicolon at the end;
            (5) in paragraph (14), by striking ``and;'' and inserting a 
        semicolon;
            (6) by striking the period at the end of paragraph (15) and 
        inserting ``; and''; and
            (7) by adding at the end the following:
            ``(16) assess and describe the anticipated impacts of 
        climate change and other environmental and ecological changes 
        on the fishery, including an assessment of whether and how the 
        management measures contained in the plan or plan amendment 
        have accounted for these changes, and a summary of the 
        information used in these assessments;
            ``(17) describe and identify the current range and 
        distribution of, and fishing patterns on, fish stocks managed 
        under the plan, including areas outside the jurisdiction of the 
        Council having authority to issue the plan, and for fish stocks 
        whose distribution crosses management boundaries, describe the 
        measures used for coordination with other relevant management 
        bodies for the conservation and management of the fish stock; 
        and''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect 4 years after the date of enactment of this section.
    (c) Increasing Resilience of Fish Stocks to Climate Change.--Title 
III is amended by adding at the end the following:

``SEC. 322. INCREASING RESILIENCE OF FISH STOCKS TO CLIMATE CHANGE.

    ``(a) Vulnerability Assessment.--Not later than 3 years after the 
date of enactment of the Sustaining America's Fisheries for the Future 
Act of 2021 and every 5 years thereafter, the Secretary shall--
            ``(1) assess the vulnerability of fish stocks within each 
        Council's geographical area of authority to climate change;
            ``(2) notify each Council of the vulnerability of fish 
        stocks within such Council's geographical area of authority; 
        and
            ``(3) make recommendations to each Council for measures to 
        conserve and protect such fish stocks.
    ``(b) Council Prioritization Plans.--
            ``(1) In general.--No later than 1 year after receiving a 
        notification from the Secretary under subsection (a), each 
        Council shall publish a plan to prioritize management actions 
        to increase resilience of the fish stocks identified as 
        vulnerable to climate change and begin implementing such plan.
            ``(2) Highly migratory species.--With respect to stocks 
        managed under section 302(a)(3), not later than 1 year after 
        issuing a notification under subsection (a), the Secretary 
        shall publish a plan to prioritize management actions to 
        increase resilience of such fish stocks.
            ``(3) Report.--Not later than 3 years after publishing a 
        plan under paragraph (1), each Council shall report to the 
        Secretary on the actions the Council has taken to implement 
        such plan or provide an explanation for not taking such action.
    ``(c) Report to Congress.--Not later than 3 years after the date of 
enactment of the Sustaining America's Fisheries for the Future Act of 
2021 and every 5 years thereafter, the Secretary shall submit a report 
to Congress--
            ``(1) describing the vulnerability of fish stocks to 
        climate change;
            ``(2) identifying the risks posed by climate change to the 
        conservation and management of fish stocks; and
            ``(3) summarizing the steps taken by the Secretary and the 
        Councils to mitigate and address the impacts on and risks of 
        climate change to fish stocks.''.
    (d) Guidance for Councils.--Section 305 is amended by adding at the 
end the following:
    ``(n) Guidance.--Not later than 1 year after the date of enactment 
of the Sustaining America's Fisheries for the Future Act of 2021, the 
Secretary shall issue regulations guidelines to assist the Councils in 
preparing and adapting fishery management for the impacts of climate 
change, including for consideration of climate change in the 
conservation and management of fish stocks under each Council's 
geographical area of authority.''.

SEC. 103. INCORPORATING CLIMATE SCIENCE.

    (a) Council Training Program.--Section 302(k)(1) (16 U.S.C. 
1852(k)(1)) is amended--
            (1) by redesignating subparagraphs (C) through (H) as 
        subparagraphs (D) through (I), respectively;
            (2) by redesignating subparagraph (I) as subparagraph (K);
            (3) by inserting after subparagraph (B) the following:
                    ``(C) climate change and its relevant impacts on 
                fisheries health, range, and other factors that would 
                affect the conservation and management of a stock;'';
            (4) by striking ``and'' after the semicolon at the end of 
        subparagraph (I), as so redesignated; and
            (5) by inserting after subparagraph (I), as so 
        redesignated, the following:
                    ``(J) ecosystem-based fishery management; and''.
    (b) Fisheries Research.--Section 404 (16 U.S.C. 1881c) is amended--
            (1) in subsection (a), by inserting ``; on changes in 
        geographic range, spatial distribution, and productivity of a 
        fishery or interrelated fisheries;'' after ``management''; and
            (2) in subsection (c)(1), by inserting ``changes in 
        geographic range, spatial distribution, and productivity of a 
        fishery or interrelated fisheries,''after ``degradation,''.

SEC. 104. CLIMATE-READY FISHERIES INNOVATION PROGRAM.

    (a) Climate-Ready Fisheries Innovation Program.--Not later than 1 
year after the date of enactment of this Act, the Administrator shall 
establish a program, including grants, to develop innovative tools and 
approaches and improve existing tools designed to increase the adaptive 
capacity of fishery management to the impacts of climate change. In 
administering such program, the Administrator shall--
            (1) develop science and management approaches that address 
        regional and national priorities to improve the conservation 
        and management of fishery resources under current and 
        anticipated climate impacts;
            (2) provide for routine input from fishery managers, 
        scientists, fishery participants, Tribes, and stakeholders in 
        order to maximize opportunities to incorporate results of the 
        program in fishery management actions;
            (3) promote adoption of methods developed under the program 
        in fishery management plans developed by the Regional Fishery 
        Management Councils;
            (4) provide information and outreach to the private sector 
        and academic sector to encourage development of tools and 
        approaches to manage the effects of climate change on 
        fisheries; and
            (5) provide information and outreach to fishery 
        participants to increase understanding of and encourage 
        adoption and use of tools and approaches developed under the 
        program.
    (b) Coordination of the Program.--
            (1) The Administrator shall establish a process to ensure 
        coordination with and outreach to--
                    (A) regional offices and science centers of the 
                National Marine Fisheries Service.
                    (B) the Regional Fishery Management Councils;
                    (C) the scientific and statistical committees of 
                such Fishery Management Councils; and
                    (D) other relevant programs, including the 
                cooperative research and management program under 
                Section 318 of the Magnuson-Stevens Fishery 
                Conservation and Management Act (16 U.S.C. 1867), the 
                Integrated Ocean Observing System, and programs within 
                the National Oceanic and Atmospheric Administration 
                designed to address ocean acidification.
            (2) Such coordination should include identification of 
        multi-year research priorities to study and understand the 
        current and anticipated impacts of climate change on fisheries, 
        fishing communities, fisheries interactions, habitats, fishery 
        participants, fisheries science and monitoring, management and 
        the impacts of changing management due to climate change, or 
        other relevant priorities. Such priorities should be routinely 
        reviewed in a timeframe not to exceed 5 years and updated as 
        necessary.
    (c) Report.--Every 2 years, beginning 2 years after the date of 
enactment of this Act, the Administrator shall transmit a report to the 
Senate Committee on Commerce, Science, and Transportation and the House 
of Representatives Committee on Natural Resources that--
            (1) describes funding provided to implement this section;
            (2) includes descriptions of and developments in tools and 
        approaches achieved under this section;
            (3) describes how and in which fisheries these tools and 
        approaches have been implemented; and
            (4) describes improvements in fishery climate-readiness 
        associated with implementing this section, as well as proposals 
        to address remaining problems.

SEC. 105. MANAGING SHIFTING STOCKS.

    (a) Cross-Jurisdictional Management.--Section 304(f) (16 U.S.C. 
1855(f)) is amended to read as follows:
    ``(f) Fisheries Under Authority of More Than One Council.--
            ``(1) Secretarial review of areas of authority.--The 
        Secretary shall review the geographical area of authority of 
        each Council in order to determine if a substantial portion of 
        any fishery within such area is within the area of authority of 
        another council--
                    ``(A) upon request of such Council; or
                    ``(B) not less frequently than every 5 years.
            ``(2) Designation of council to prepare plan.--If the 
        Secretary determines under paragraph (1) that a substantial 
        portion of a fishery is located in the geographical area of 
        authority of more than one Council, the Secretary shall--
                    ``(A) not later than 6 months after the date of the 
                determination under paragraph (1), notify the Councils 
                concerned; and
                    ``(B) require, not later than 1 year after the date 
                on which the notification is made under subparagraph 
                (A), that each of the Councils concerned, by a majority 
                of the voting members present and voting--
                            ``(i) designate one of the Councils 
                        concerned to prepare the fishery management 
                        plan for such fishery and any amendment to such 
                        plan, if required under this Act; or
                            ``(ii) agree to jointly prepare the fishery 
                        management plan for such fishery and any 
                        amendment to such plan, if required under this 
                        Act.
            ``(3) Secretarial designation.--If the Councils concerned 
        are unable to meet the requirements of paragraph (2)(B) within 
        the relevant time period, the Secretary shall--
                    ``(A) designate one of the Councils concerned to 
                prepare the fishery management plan and any amendment 
                to such plan, if required under this Act; or
                    ``(B) require that such plan and any such 
                amendment, if required under this Act, be prepared 
                jointly by the Councils concerned.
            ``(4) Deadline for submission of plan.--Not later than 2 
        years after the date on which the Councils concerned make a 
        decision pursuant to paragraph (2)(B)(ii), or the date on which 
        the Secretary makes a decision pursuant to paragraph (3), and 
        at such other times as required under this Act, the Council 
        required under paragraph (2)(B) or (3) (as applicable) to 
        prepare the fishery management plan or any such plan amendment, 
        if required under this Act, shall prepare and submit such plan 
        or amendment (with implementing regulations as needed) in 
        accordance with this Act.
            ``(5) Termination of cross-jurisdictional authority.--
                    ``(A) Request of council.--At the request of a 
                Council or as a result of the review pursuant to 
                paragraph (1), the Secretary shall determine whether a 
                fishery described in paragraph (2) no longer has a 
                substantial portion located in the geographical area of 
                authority of more than one Council.
                    ``(B) Termination.--If the Secretary determines 
                under subparagraph (A) that a fishery no longer has a 
                substantial portion located in the geographical area of 
                authority of more than one Council--
                            ``(i) the Secretary shall determine which 
                        Council has predominant geographic authority 
                        over the fishery; and
                            ``(ii) not later than 2 years after the 
                        date on which the determination under clause 
                        (i) is made, and at such other times as 
                        required under this Act, the Council determined 
                        under such clause shall directly and 
                        individually adopt any previously existing 
                        joint fishery management plan for the fishery, 
                        and shall prepare and submit any plan 
                        amendments necessary for transitioning to 
                        single-Council management as well as for any 
                        other purposes, in accordance with the 
                        provisions of this Act.
            ``(6) Establishment of criteria.--The Secretary shall, by 
        regulation, identify criteria for determining under paragraphs 
        (1) and (5) whether a substantial portion of a fishery is 
        located in the geographical area of authority of more than one 
        Council.
            ``(7) Establishment of boundaries.--The Secretary shall 
        establish the boundaries between the geographic areas of 
        authority of adjacent Councils.
            ``(8) Requirement for majority of voting members.--No 
        jointly prepared plan or amendment required to be prepared 
        under this subsection may be submitted to the Secretary unless 
        such plan or amendment is approved by a majority of the voting 
        members, present and voting, of each Council concerned.
            ``(9) Highly migratory species in certain fisheries.--This 
        subsection shall not apply with respect to any fishery to which 
        section 302(a)(3) applies.''.
    (b) International Cooperation in the Research and Management of 
Cross-Jurisdictional Fisheries.--
            (1) In general.--The Secretary of Commerce, in coordination 
        with the Secretary of State and Administrator of the Agency for 
        International Development where necessary, shall develop a 
        strategy for coordinated research and management with other 
        relevant nations with which the United States shares a fishery 
        or stock of a fishery that currently or is expected to see 
        shifts in geographic range or spatial distribution that does or 
        will span international boundaries, including within the same 
        life stage or across life stages.
            (2) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall submit to the 
        Congress a report that includes--
                    (A) a list of fisheries that are currently or 
                expected to see shifts in geographic range or spatial 
                distribution that spans or will span international 
                boundaries and the relevant countries for each fishery 
                or stock of a fishery's current or expected range;
                    (B) an analysis of priority research needs for each 
                of these fisheries or stocks of fisheries that should 
                be coordinated with other affected nations;
                    (C) a 5-year strategy to undertake and complete 
                such research, including a proposed budget and timeline 
                for that work; and
                    (D) a 10-year strategy to implement coordinated 
                management measures that reflect the needs for each 
                fishery or stock of a fishery as determined by the 
                research conducted under subparagraph (C).

SEC. 106. EMERGING FISHERIES.

    Section 305(a) (16 U.S.C. 1855(a)) is amended--
            (1) in the subsection heading, by striking ``Notification 
        of Entry'' and inserting ``Development of New Fisheries'';
            (2) by amending paragraph (1) to read as follows:
            ``(1) The Secretary shall publish in the Federal Register, 
        subject to paragraph (3), and after notice and an opportunity 
        for public comment--
                    ``(A) a list of all fisheries, identified by 
                corresponding Council or Secretarial management under 
                section 302(a)(3)--
                            ``(i) located entirely or in part in the 
                        exclusive economic zone; or
                            ``(ii) located outside of the exclusive 
                        economic zone but managed by the United States;
                    ``(B) with respect to each such fishery--
                            ``(i) the types of fishing gear authorized 
                        for use in such fishery;
                            ``(ii) the jurisdiction (whether State, 
                        Federal, interstate, or otherwise) exercising 
                        management authority over such fishery;
                            ``(iii) whether a Fishery Management Plan 
                        or analogous management structure exists for 
                        the fishery; and
                            ``(iv) the species authorized to be caught 
                        and retained in such fishery.'';
            (3) in paragraph (2), by striking ``those'' and all that 
        follows through the end of the paragraph and inserting ``those 
        already listed as to constitute a new fishery or gear type'';
            (4) by redesignating paragraph (6) as paragraph (9); and
            (5) by striking paragraphs (3), (4), and (5) and inserting 
        the following:
            ``(3) Not later than 18 months after the date of enactment 
        of the ____ Act, and at least once every 5 years thereafter, 
        each Council (or the Secretary for fisheries to which section 
        302(a)(3) applies) shall review the fisheries and gear on the 
        list that are under its authority and submit to the Secretary 
        proposed changes to such list in specific and narrow terms, 
        including geographic range, to ensure that only active 
        fisheries and gear are included on the list. The Secretary 
        shall review proposed changes pursuant to the guidelines 
        established under paragraph (2) and publish a revised list, 
        after notice and an opportunity for public comment, upon 
        receiving proposed changes from a Council (or from the 
        Secretary for fisheries to which section 302(a)(3) applies).
            ``(4) The Secretary may permit, pursuant to section 318(d), 
        on a limited interim basis, fishing activity that is not 
        included on the list, if--
                    ``(A) the experimental fishing permit is designed 
                and implemented so as to yield information necessary 
                and currently lacking for the analysis required under 
                paragraph (6);
                    ``(B) the Council collects, evaluates, and makes 
                public the data generated by the experimental fishing 
                activity at the end of each permit year, and based on 
                such evaluation, renders a determination of whether the 
                fishery or fishing gear should be continued, either in 
                the form of a subsequent year of experimental fishing 
                under this paragraph, or in the form of a proposal 
                under paragraph (5) for a new fishery or fishing gear 
                to be added to the list; and
                    ``(C) the data collected from, and the Council's 
                evaluation of, the experimental fishing activity are 
                included in any proposal under paragraph (5) for a new 
                fishery or fishing gear that may result from the 
                experimental fishing permit.
            ``(5) The Secretary may authorize a new fishery or fishing 
        gear that is not included on the list, upon receiving a 
        proposal for a new fishery or fishing gear from a Council, if--
                    ``(A) the Secretary determines that a sufficient 
                analysis supporting the proposal, as specified in 
                paragraph (7), has been conducted by the Council;
                    ``(B) the Secretary determines that the new fishery 
                or fishing gear, as specified in the proposal and the 
                accompanying fishery management plan or amendment and 
                regulations under subparagraph (C), is consistent with 
                conservation and management requirements in this Act 
                and other applicable laws; and
                    ``(C) the Council has prepared and submitted for 
                Secretarial approval pursuant to section 304, 
                concurrently with the proposal for a new fishery or 
                fishing gear, a fishery management plan for the new 
                fishery or fishing gear or an amendment to an existing 
                fishery management plan, including proposed regulations 
                to implement the plan or amendment, in accordance with 
                section 303. If the new fishery or fishing gear will 
                include one or more stocks of fish that also 
                substantially exist in the geographical area of 
                authority of another Council, the fishery management 
                plan or amendment, and implementing regulations, shall 
                be prepared pursuant to section 304(f).
            ``(6) The Secretary shall publish in the Federal Register, 
        after notice and an opportunity for public comment, all 
        authorizations for new fisheries or fishing gear, including 
        revisions to the list of fisheries and gear as appropriate, and 
        shall make public all supporting documentation and analysis. 
        The Secretary also shall publish in the Federal Register, after 
        notice and an opportunity for public comment, all decisions to 
        not authorize the development of a new fishery or fishing gear 
        under this paragraph, including the reasons for the decision.
            ``(7)(A) A Council shall analyze, for purposes of paragraph 
        (4)(A)--
                    ``(i) the potential impacts of a new fishery or 
                fishing gear on the proposed target stock, stocks of 
                fish, or stock complexes as well as on other stocks of 
                fish and species, and the marine ecosystem;
                    ``(ii) the potential impacts of a new fishery or 
                fishing gear on existing fisheries and fishing 
                communities, both within the Council's jurisdiction 
                and, if relevant, in neighboring jurisdictions;
                    ``(iii) different potential management strategies 
                for the new fishery or fishing gear, including 
                identifying any significant differences across 
                management strategies with respect to the potential 
                impacts described in clauses (i) and (ii);
                    ``(iv) whether the proposed target stock, stocks of 
                fish, or stock complexes occur in any neighboring 
                jurisdictions, and if so, whether it or they are 
                managed by those jurisdictions; and
                    ``(v) whether the proposed fishing activity should 
                be managed under an existing fishery management plan, 
                or a new plan.
            ``(B) The Secretary shall issue guidance for sufficient 
        analysis of these topics, to be used in making determinations 
        under paragraph (5)(A).
            ``(8) No person or vessel may employ fishing gear or engage 
        in a fishery not included on the list, except as provided in 
        paragraph (4). A Council may request the Secretary to 
        promulgate emergency regulations under subsection (c) to 
        prohibit any persons or vessels from using an unlisted fishing 
        gear or engaging in an unlisted fishery.''.

                TITLE II--SUPPORTING FISHING COMMUNITIES

SEC. 201. FISHERY RESOURCE DISASTER RELIEF.

    (a) In General.--Section 312(a) (16 U.S.C. 1861a(a)) is amended to 
read as follows:
    ``(a) Fishery Resource Disaster Relief.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Allowable cause.--The term `allowable cause' 
                means a natural cause, discrete anthropogenic cause, or 
                undetermined cause.
                    ``(B) Anthropogenic cause.--The term `anthropogenic 
                cause' means an anthropogenic event, such as an oil 
                spill or spillway opening--
                            ``(i) that could not have been addressed or 
                        prevented by fishery management measures; and
                            ``(ii) that is otherwise beyond the control 
                        of fishery managers to mitigate through 
                        conservation and management measures, including 
                        regulatory restrictions imposed as a result of 
                        judicial action or to protect human health or 
                        marine animals, plants, or habitats.
                    ``(C) Fishery resource disaster.--The term `fishery 
                resource disaster' means a disaster that is determined 
                by the Secretary in accordance with this subsection 
                and--
                            ``(i) is an unexpected large decrease in 
                        fish stock biomass or other change that results 
                        in significant loss of access to the fishery 
                        resource, which may include loss of fishing 
                        vessels and gear for a substantial period of 
                        time and results in significant revenue or 
                        subsistence loss due to an allowable cause; and
                            ``(ii) does not include--
                                    ``(I) reasonably predictable, 
                                foreseeable, and recurrent fishery 
                                cyclical variations in species 
                                distribution or stock abundance; or
                                    ``(II) reductions in fishing 
                                opportunities resulting from 
                                conservation and management measures 
                                taken pursuant to this Act.
                    ``(D) Indian tribe.--The term `Indian Tribe' has 
                the meaning given such term in section 102 of the 
                Federally Recognized Indian Tribe List Act of 1994 (25 
                U.S.C. 5130), and the term `Tribal' means of or 
                pertaining to such an Indian Tribe.
                    ``(E) Natural cause.--The term `natural cause'--
                            ``(i) means a weather, climatic, hazard, or 
                        biology-related event, such as--
                                    ``(I) a hurricane;
                                    ``(II) a flood;
                                    ``(III) a harmful algal bloom;
                                    ``(IV) a tsunami;
                                    ``(V) a hypoxic zone;
                                    ``(VI) ocean acidification;
                                    ``(VII) a drought;
                                    ``(VIII) El Nino effects on water 
                                temperature;
                                    ``(IX) a marine heat wave; or
                                    ``(X) disease; and
                            ``(ii) does not mean a normal or cyclical 
                        variation in a species distribution or stock 
                        abundance.
                    ``(F) 12-month revenue loss.--The term `12-month 
                revenue loss' means the percentage reduction, as 
                applicable, in commercial, charter, headboat, or 
                processor revenue for the 12 months during which the 
                fishery resource disaster occurred, if compared to 
                average annual revenue in the most recent 5-years 
                during which no fishery resource disaster occurred or 
                equivalent for stocks with cyclical life histories.
                    ``(G) Undetermined cause.--The term `undetermined 
                cause' means a cause in which the current state of 
                knowledge does not allow the Secretary to identify the 
                exact cause, and there is no current conclusive 
                evidence supporting a possible cause of the fishery 
                resource disaster.
            ``(2) General authority.--
                    ``(A) In general.--The Secretary shall have the 
                authority to determine the existence, extent, and 
                beginning and end dates of a fishery resource disaster 
                under this subsection in accordance with this 
                subsection.
                    ``(B) Availability of funds.--After the Secretary 
                determines that a fishery resource disaster has 
                occurred, the Secretary is authorized to make sums 
                available, from funds appropriated for such purposes, 
                to be used by the affected State, Tribal government, or 
                interstate marine fisheries commission, or by the 
                Secretary in cooperation with the affected State, 
                Tribal government, or interstate marine fisheries 
                commission.
                    ``(C) Savings clause.--The requirements under this 
                subsection shall take effect only with respect to 
                requests for a fishery resource disaster determination 
                submitted after the date of enactment of the Sustaining 
                America's Fisheries for the Future Act of 2021.
            ``(3) Initiation of a fishery resource disaster review.--
                    ``(A) Eligible requesters.--Not later than 1 year 
                after the date of the conclusion of the fishing season, 
                a request for a fishery resource disaster determination 
                may be submitted to the Secretary, if the Secretary has 
                not independently determined that a fishery resource 
                disaster has occurred, by--
                            ``(i) the Governor of an affected State;
                            ``(ii) an official Tribal resolution; or
                            ``(iii) any other comparable elected or 
                        politically appointed representative as 
                        determined by the Secretary.
                    ``(B) Required information.--A complete request for 
                a fishery resource disaster determination under 
                subparagraph (A) shall include--
                            ``(i) identification of all presumed 
                        affected fish stocks;
                            ``(ii) identification of the fishery as 
                        Federal, non-Federal, or both;
                            ``(iii) the geographic boundaries of the 
                        fishery;
                            ``(iv) preliminary information on causes of 
                        the fishery resource disaster, if known; and
                            ``(v) information needed to support a 
                        finding of a fishery resource disaster, 
                        including--
                                    ``(I) information demonstrating the 
                                occurrence of an unexpected large 
                                decrease in fish stock biomass or other 
                                change that results in significant loss 
                                of access to the fishery resource, 
                                which could include the loss of fishing 
                                vessels and gear, for a substantial 
                                period of time;
                                    ``(II) 12-month revenue loss or 
                                subsistence loss for the affected 
                                fishery, or if a fishery resource 
                                disaster has occurred at any time in 
                                the previous 5-year period, the most 
                                recent 5-year period during which no 
                                fishery resource disaster occurred;
                                    ``(III) if applicable, information 
                                on lost resource tax revenues assessed 
                                by local communities, such as a raw 
                                fish tax or a local sourcing 
                                requirement; and
                                    ``(IV) if applicable and available, 
                                information on 12-month revenue loss 
                                for charter, headboat, or processors 
                                related to the information provided 
                                under subclause (I), subject to section 
                                402(b).
                    ``(C) Assistance.--The Secretary may provide data 
                and analysis assistance to an eligible requester 
                described in paragraph (1), if--
                            ``(i) the assistance is so requested;
                            ``(ii) the Secretary is in possession of 
                        the required information described in 
                        subparagraph (B); and
                            ``(iii) the data is not available to the 
                        requester, in carrying out the complete request 
                        under subparagraph (B).
                    ``(D) Initiation of review.--The Secretary shall 
                have the discretion to initiate a fishery resource 
                disaster review without a request.
            ``(4) Review process.--
                    ``(A) Interim response.--Not later than 20 days 
                after receipt of a request under paragraph (3), the 
                Secretary shall provide an interim response to the 
                individual that--
                            ``(i) acknowledges receipt of the request;
                            ``(ii) provides a regional contact within 
                        the National Oceanographic and Atmospheric 
                        Administration;
                            ``(iii) outlines the process and timeline 
                        by which a request shall be considered; and
                            ``(iv) requests additional information 
                        concerning the fishery resource disaster, if 
                        the original request is considered incomplete.
                    ``(B) Evaluation of requests.--
                            ``(i) In general.--Based on the information 
                        provided or analyzed under paragraph (4), the 
                        Secretary shall complete a review, within the 
                        time frame described in clause (ii), using the 
                        best scientific information available, in 
                        consultation with the affected fishing 
                        communities, States, or Tribes, of--
                                    ``(I) the information provided by 
                                the requester and any additional 
                                information relevant to the fishery, 
                                which may include--
                                            ``(aa) fishery 
                                        characteristics;
                                            ``(bb) stock assessments;
                                            ``(cc) the most recent 
                                        fishery independent surveys and 
                                        other fishery resource 
                                        assessments and surveys 
                                        conducted by Federal, State, or 
                                        Tribal officials;
                                            ``(dd) estimates of 
                                        mortality; and
                                            ``(ee) overall effects; and
                                    ``(II) the available economic 
                                information, which may include an 
                                analysis of--
                                            ``(aa) landings data;
                                            ``(bb) revenue;
                                            ``(cc) the number of 
                                        participants involved;
                                            ``(dd) the number and type 
                                        of jobs and persons impacted, 
                                        which may include--

                                                    ``(AA) fishers;

                                                    ``(BB) charter 
                                                fishing operators;

                                                    ``(CC) subsistence 
                                                users;

                                                    ``(DD) United 
                                                States fish processors; 
                                                and

                                                    ``(EE) an owner of 
                                                a related fishery 
                                                infrastructure or 
                                                business affected by 
                                                the disaster, such as a 
                                                marina operator, 
                                                recreational fishing 
                                                equipment retailer, or 
                                                charter, headboat, or 
                                                tender vessel owner, 
                                                operator, or crew;

                                            ``(ee) an impacted Indian 
                                        Tribe;
                                            ``(ff) other forms of 
                                        disaster assistance made 
                                        available to the fishery, 
                                        including prior awards of 
                                        disaster assistance for the 
                                        same event;
                                            ``(gg) the length of time 
                                        the resource, or access to the 
                                        resource, has been restricted;
                                            ``(hh) status of recovery 
                                        from previous fishery resource 
                                        disasters;
                                            ``(ii) lost resource tax 
                                        revenues assessed by local 
                                        communities, such as a raw fish 
                                        tax; and
                                            ``(jj) other appropriate 
                                        indicators to an affected 
                                        fishery, as determined by the 
                                        National Marine Fisheries 
                                        Service.
                            ``(ii) Time frame.--The Secretary shall 
                        complete the review described in clause (i), if 
                        the fishing season, applicable to the fishery--
                                    ``(I) has concluded or there is no 
                                defined fishing season applicable to 
                                the fishery, not later than 120 days 
                                after the Secretary receives a complete 
                                request for a fishery resource disaster 
                                determination;
                                    ``(II) has not concluded, not later 
                                than 120 days after the conclusion of 
                                the fishing season; or
                                    ``(III) is expected to be closed 
                                for the entire fishing season, not 
                                later than 120 days after the Secretary 
                                receives a complete request for a 
                                fishery resource disaster 
                                determination.
                    ``(C) Fishery resource disaster determination.--The 
                Secretary shall make the determination of a fishery 
                resource disaster based on the criteria for 
                determinations listed in paragraph (5).
                    ``(D) Notification.--Not later than 14 days after 
                the conclusion of the review under this paragraph, the 
                Secretary shall notify the requester and the Governor 
                of the affected State or Tribal representative of the 
                determination of the Secretary.
            ``(5) Criteria for determinations.--
                    ``(A) In general.--The Secretary shall make a 
                determination about whether a fishery resource disaster 
                has occurred, based on the revenue loss thresholds 
                under subparagraph (B), and, if a fishery resource 
                disaster has occurred, whether the fishery resource 
                disaster was due to--
                            ``(i) a natural cause;
                            ``(ii) an anthropogenic cause;
                            ``(iii) a combination of a natural cause 
                        and an anthropogenic cause; or
                            ``(iv) an undetermined cause.
                    ``(B) Revenue loss thresholds.--
                            ``(i) In general.--Based on the information 
                        provided or analyzed under paragraph (4)(B), 
                        the Secretary shall apply the following 12-
                        month revenue loss thresholds in determining 
                        whether a fishery resource disaster has 
                        occurred:
                                    ``(I) Losses greater than 80 
                                percent shall result in a positive 
                                determination that a fishery resource 
                                disaster has occurred.
                                    ``(II) Losses between 35 percent 
                                and 80 percent shall be evaluated to 
                                determine whether economic impacts are 
                                severe enough to declare that a fishery 
                                resource disaster has occurred, based 
                                on the information provided or analyzed 
                                under paragraph (4)(B).
                                    ``(III) Losses less than 35 percent 
                                shall not be eligible for a 
                                determination that a fishery resource 
                                disaster has occurred, except in a case 
                                in which the Secretary determines there 
                                are extenuating circumstances that 
                                justify using a lower threshold in 
                                making the determination.
                            ``(ii) Charter fishing.--In making a 
                        determination of whether a fishery resource 
                        disaster has occurred, the Secretary shall 
                        consider the economic impacts to the charter 
                        fishing industry to ensure financial coverage 
                        for charter fishing businesses.
                            ``(iii) Subsistence loss.--In considering 
                        subsistence loss, the Secretary shall evaluate 
                        the severity of loss to the fishing community 
                        instead of applying the revenue loss thresholds 
                        described in clause (i).
                    ``(C) Ineligible fisheries.--A fishery subject to 
                overfishing in any of the 3 years preceding the date of 
                a determination under this subsection is not eligible 
                for a determination of whether a fishery resource 
                disaster has occurred unless the Secretary determines 
                that overfishing was not a contributing factor to the 
                fishery resource disaster.
                    ``(D) Exceptional circumstances.--In an exceptional 
                circumstance in which substantial economic impacts to 
                the affected fishery and fishing community have been 
                subject to a disaster declaration under another 
                statutory authority, such as in the case of a natural 
                disaster or from the direct consequences of a Federal 
                action taken to prevent, or in response to, a natural 
                disaster for purposes of protecting life and safety, 
                the Secretary may determine a fishery resource disaster 
                has occurred without a request.
            ``(6) Disbursal of appropriated funds.--
                    ``(A) Authorization.--The Secretary shall allocate 
                funds available under paragraph (9) for fishery 
                resource disasters.
                    ``(B) Allocation of appropriated fishery resource 
                disaster assistance.--
                            ``(i) Notification of funding 
                        availability.--If there are appropriated funds 
                        for 1 or more fishery resource disasters, the 
                        Secretary shall notify--
                                    ``(I) the public; and
                                    ``(II) representatives of affected 
                                fishing communities with a positive 
                                disaster determination that is 
                                unfunded,
                        of the availability of funds, not more than 14 
                        days after the date of the appropriation or the 
                        determination of a fishery resource disaster, 
                        whichever occurs later.
                            ``(ii) Extension of deadline.--The 
                        Secretary may extend the deadline under clause 
                        (i) by 90 days to evaluate and make 
                        determinations on eligible requests.
                    ``(C) Considerations.--In determining the 
                allocation of appropriations for a fishery resource 
                disaster, the Secretary shall consider commercial, 
                charter, headboat, or seafood processing revenue losses 
                and may consider the following factors:
                            ``(i) Direct economic impacts.
                            ``(ii) Uninsured losses.
                            ``(iii) Losses of subsistence and Tribal 
                        ceremonial fishing opportunity.
                            ``(iv) Losses of recreational fishing 
                        opportunity.
                            ``(v) Aquaculture operations revenue loss.
                            ``(vi) Direct revenue losses to a fishing 
                        community.
                            ``(vii) Treaty obligations.
                            ``(viii) Other economic impacts.
                    ``(D) Spend plans.--To receive an allocation from 
                funds available under paragraph (9), a requester with 
                an affirmative fishery resource disaster determination 
                shall submit a spend plan to the Secretary, not more 
                than 120 days after receiving notification that funds 
                are available, that shall include the following 
                information, if applicable:
                            ``(i) Objectives and outcomes, with an 
                        emphasis on addressing the factors contributing 
                        to the fishery resource disaster and minimizing 
                        future uninsured losses, if applicable.
                            ``(ii) Statement of work.
                            ``(iii) Budget details.
                    ``(E) Regional contact.--If so requested, the 
                Secretary shall provide a regional contact within the 
                National Oceanic and Atmospheric Administration to 
                facilitate review of spend plans and disbursal of 
                funds.
                    ``(F) Disbursal of funds.--
                            ``(i) Availability.--Funds shall be made 
                        available to grantees not later than 90 days 
                        after the date the Secretary receives a 
                        complete spend plan.
                            ``(ii) Method.--The Secretary may provide 
                        an allocation of funds under this subsection in 
                        the form of a grant, direct payment, 
                        cooperative agreement, loan, or contract.
                            ``(iii) Eligible uses.--
                                    ``(I) In general.--Funds allocated 
                                for fishery resources disasters under 
                                this subsection shall restore the 
                                fishery affected by such a disaster, 
                                prevent a similar disaster in the 
                                future, or assist the affected fishing 
                                community, and shall prioritize the 
                                following uses, which are not in order 
                                of priority:
                                            ``(aa) Habitat conservation 
                                        and restoration and other 
                                        activities, including 
                                        scientific research, that 
                                        reduce adverse effects on the 
                                        fishery or improve 
                                        understanding of the affected 
                                        species or its ecosystem.
                                            ``(bb) The collection of 
                                        fishery information and other 
                                        activities that improve 
                                        management of the affected 
                                        fishery.
                                            ``(cc) In a commercial 
                                        fishery, capacity reduction and 
                                        other activities that improve 
                                        management of fishing effort, 
                                        including funds to offset 
                                        budgetary costs to refinance a 
                                        Federal fishing capacity 
                                        reduction loan or to repay the 
                                        principal of a Federal fishing 
                                        capacity reduction loan.
                                            ``(dd) Developing, 
                                        repairing, or improving 
                                        fishery-related public 
                                        infrastructure.
                                            ``(ee) Direct assistance to 
                                        a person, fishing community 
                                        (including assistance for lost 
                                        fisheries resource levies), or 
                                        a business to alleviate 
                                        economic loss incurred as a 
                                        direct result of a fishery 
                                        resource disaster, particularly 
                                        if affected by a circumstance 
                                        described in paragraph (5)(D).
                                            ``(ff) Hatcheries and stock 
                                        enhancement to help rebuild the 
                                        affected stock or offset 
                                        fishing pressure on the 
                                        affected stock.
                                    ``(II) Displaced fishery 
                                employees.--If appropriate, individuals 
                                carrying out the activities described 
                                in items (aa) through (ff) of subclause 
                                (I) shall be individuals who are, or 
                                were, employed in a commercial, 
                                charter, or Tribal fishery for which 
                                the Secretary has determined that a 
                                fishery resource disaster has occurred.
            ``(7) Limitations.--
                    ``(A) Federal share.--
                            ``(i) In general.--Except as provided in 
                        clauses (ii) and (iii), the Federal share of 
                        the cost of any activity carried out under the 
                        authority of this subsection shall not exceed 
                        75 percent of the cost of that activity.
                            ``(ii) Waiver.--The Secretary may waive the 
                        non-Federal share requirements of this 
                        subsection, if the Secretary determines that--
                                    ``(I) no reasonable means are 
                                available through which the recipient 
                                of the Federal share can meet the non-
                                Federal share requirement; and
                                    ``(II) the probable benefit of 100 
                                percent Federal financing outweighs the 
                                public interest in imposition of the 
                                non-Federal share requirement.
                            ``(iii) Exception.--The Federal share shall 
                        be equal to 100 percent in the case of--
                                    ``(I) direct assistance as 
                                described in paragraph 
                                (6)(F)(iii)(I)(hh); or
                                    ``(II) assistance to subsistence or 
                                Tribal fisheries.
                    ``(B) Limitations on administrative expenses.--
                            ``(i) Federal.--Not more than 3 percent of 
                        the funds available under this subsection may 
                        be used for administrative expenses by the 
                        National Oceanographic and Atmospheric 
                        Administration.
                            ``(ii) State or tribal governments.--Of the 
                        funds remaining after the use described in 
                        clause (i), not more than 5 percent may be used 
                        by States, Tribal governments, or interstate 
                        marine fisheries commissions for administrative 
                        expenses.
                    ``(C) Fishing capacity reduction program.--
                            ``(i) In general.--No funds available under 
                        this subsection may be used as part of a 
                        fishing capacity reduction program in a fishery 
                        unless the Secretary determines that adequate 
                        conservation and management measures are in 
                        place in such fishery.
                            ``(ii) Assistance conditions.--As a 
                        condition of providing assistance under this 
                        subsection with respect to a vessel under a 
                        fishing capacity reduction program, the 
                        Secretary shall--
                                    ``(I) prohibit the vessel from 
                                being used for fishing in Federal, 
                                State, or international waters; and
                                    ``(II) require that the vessel be--
                                            ``(aa) scrapped or 
                                        otherwise disposed of in a 
                                        manner approved by the 
                                        Secretary;
                                            ``(bb) donated to a 
                                        nonprofit organization and 
                                        thereafter used only for 
                                        purposes of research, 
                                        education, or training; or
                                            ``(cc) used for another 
                                        non-fishing purpose provided 
                                        the Secretary determines that 
                                        adequate measures are in place 
                                        to ensure that the vessel 
                                        cannot reenter any fishery 
                                        anywhere in the world.
                    ``(D) No fishery endorsement.--
                            ``(i) In general.--A vessel that is 
                        prohibited from fishing under subparagraph 
                        (C)(ii)(I) shall not be eligible for a fishery 
                        endorsement under section 12113(a) of title 46, 
                        United States Code.
                            ``(ii) Nonreflective.--A fishery 
                        endorsement for a vessel described in clause 
                        (i) shall not be effective.
                            ``(iii) No sale.--A vessel described in 
                        clause (i) shall not be sold to a foreign owner 
                        or reflagged.
            ``(8) Public information on data collection.--The Secretary 
        shall make available and update as appropriate, information on 
        data collection and submission best practices for the 
        information described in paragraph (4)(B).''.
    (b) Magnuson-Stevens Fishery Conservation and Management Act.--
            (1) Repeal.--Section 315 (16 U.S.C. 1864) is repealed.
            (2) Report.--Section 113(b)(2) of the Magnuson-Stevens 
        Fishery Conservation and Management Reauthorization Act of 2006 
        (16 U.S.C. 460ss note) is amended--
                    (A) in the paragraph heading, by striking ``Annual 
                report'' and inserting ``Report'';
                    (B) in the matter preceding subparagraph (A), by 
                striking ``Not later than 2 years after the date of 
                enactment of this Act, and annually thereafter'' and 
                inserting ``Not later than 2 years after the date of 
                enactment of the Sustaining America's Fisheries for the 
                Future Act of 2021, and biennially thereafter''; and
                    (C) in subparagraph (D), by striking ``the calendar 
                year 2003'' and inserting ``the most recent''.
    (c) Interjurisdictional Fisheries Act of 1986.--
            (1) Repeal.--Section 308 of the Interjurisdictional 
        Fisheries Act of 1986 (16. U.S.C. 4107) is repealed.
            (2) Technical edit.--Section 3(k)(1) of the Small Business 
        Act (15 U.S.C. 632(k)(1)) is amended by striking ``(as 
        determined by the Secretary of Commerce under section 308(b) of 
        the Interjurisdictional Fisheries Act of 1986)'' and inserting 
        ``(as determined by the Secretary of Commerce under the 
        Sustaining America's Fisheries for the Future Act of 2021)''.
    (d) Budget Requests; Reports.--
            (1) Budget request.--In the budget justification materials 
        submitted to Congress in support of the budget of the 
        Department of Commerce for each fiscal year (as submitted with 
        the budget of the President under section 1105(a) of title 31, 
        United States Code), the Secretary of Commerce shall include a 
        separate statement of the amount requested to be appropriated 
        for that fiscal year for outstanding unfunded fishery resource 
        disasters.
            (2) Driftnet act amendments of 1990 report and bycatch 
        reduction agreements.--
                    (A) In general.--The Magnuson-Stevens Fishery 
                Conservation and Management Act (16 U.S.C. 1801 et 
                seq.) is amended--
                            (i) in section 202(h), by striking 
                        paragraph (3); and
                            (ii) in section 206--
                                    (I) by striking subsections (e) and 
                                (f); and
                                    (II) by redesignating subsections 
                                (g) and (h) as subsections (e) and (f), 
                                respectively.
                    (B) Biennial report on international compliance.--
                Section 607 of the High Seas Driftnet Fishing 
                Moratorium Protection Act (16 U.S.C. 1826h) is 
                amended--
                            (i) by inserting ``(a) In General.--'' 
                        before ``The Secretary'' and indenting 
                        appropriately; and
                            (ii) by adding at the end the following:
    ``(b) Additional Information.--In addition to the information 
described in paragraphs (1) through (5) of subsection (a), the report 
shall include--
            ``(1) a description of the actions taken to carry out the 
        provisions of section 206 of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1826), including--
                    ``(A) an evaluation of the progress of those 
                efforts, the impacts on living marine resources, 
                including available observer data, and specific plans 
                for further action;
                    ``(B) a list and description of any new fisheries 
                developed by nations that conduct, or authorize their 
                nationals to conduct, large-scale driftnet fishing 
                beyond the exclusive economic zone of any nation; and
                    ``(C) a list of the nations that conduct, or 
                authorize their nationals to conduct, large-scale 
                driftnet fishing beyond the exclusive economic zone of 
                any nation in a manner that diminishes the 
                effectiveness of or is inconsistent with any 
                international agreement governing large-scale driftnet 
                fishing to which the United States is a party or 
                otherwise subscribes; and
            ``(2) a description of the actions taken to carry out the 
        provisions of section 202(h) of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1822(h)).
    ``(c) Certification.--If, at any time, the Secretary, in 
consultation with the Secretary of State and the Secretary of the 
department in which the Coast Guard is operating, identifies any nation 
that warrants inclusion in the list described under subsection 
(b)(1)(C), due to large scale drift net fishing, the Secretary shall 
certify that fact to the President. Such certification shall be deemed 
to be a certification for the purposes of section 8(a) of the 
Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)).''.

SEC. 202. SUBSISTENCE FISHING.

    (a) Purposes.--Section 2(b)(3) (16 U.S.C. 1801(b)(3)) is amended by 
inserting ``, subsistence,'' after ``commercial''.
    (b) Definition of Subsistence Fishing.--Section 3 is amended--
            (1) by redesignating the second paragraph (33) (appearing 
        after paragraph (50) as paragraph (51); and
            (2) by inserting after paragraph (42) the following:
            ``(42A)(A) Subsistence fishing.--The term `subsistence 
        fishing' means fishing in which the fish harvested are intended 
        for customary and traditional uses, including--
                            ``(i) for direct personal or family 
                        consumption as food or clothing;
                            ``(ii) for the making or selling of 
                        handicraft articles out of nonedible byproducts 
                        taken for personal or family consumption, for 
                        barter, or sharing for personal or family 
                        consumption; and
                            ``(iii) for customary trade.
            ``(B) In this paragraph--
                    ``(i) the term `family' means all persons related 
                by blood, marriage, or adoption, or any person living 
                within the household on a permanent basis; and
                    ``(ii) the term `barter' means the exchange of a 
                fish or fish part--
                            ``(I) for another fish or fish part; or
                            ``(II) for other food or for nonedible 
                        items other than money if the exchange is of a 
                        limited and noncommercial nature.''.

SEC. 203. WORKING WATERFRONTS GRANT PROGRAM.

    (a) In General.--The Coastal Zone Management Act of 1972 (16 U.S.C. 
1451 et seq.) is amended by adding at the end the following:

``SEC. 320. WORKING WATERFRONTS GRANT PROGRAM.

    ``(a) Working Waterfront Task Force.--
            ``(1) Establishment and functions.--The Secretary of 
        Commerce shall establish a task force to work directly with 
        coastal States, user groups, and coastal stakeholders to 
        identify and address critical needs with respect to working 
        waterfronts.
            ``(2) Membership.--The members of the task force shall be 
        appointed by the Secretary of Commerce, and shall include--
                    ``(A) experts in the unique economic, social, 
                cultural, ecological, geographic, and resource concerns 
                of working waterfronts; and
                    ``(B) representatives from the National Oceanic and 
                Atmospheric Administration's Office of Coastal 
                Management, the United States Fish and Wildlife 
                Service, the Department of Agriculture, the 
                Environmental Protection Agency, the United States 
                Geological Survey, the Navy, the National Marine 
                Fisheries Service, the Economic Development Agency, and 
                such other Federal agencies as the Secretary considers 
                appropriate.
            ``(3) Functions.--The task force shall--
                    ``(A) identify and prioritize critical needs with 
                respect to working waterfronts in States that have a 
                management program approved by the Secretary of 
                Commerce pursuant to section 306, in the areas of--
                            ``(i) economic and cultural importance of 
                        working waterfronts to communities;
                            ``(ii) changing environments and threats 
                        working waterfronts face from environment 
                        changes, trade barriers, sea level rise, 
                        extreme weather events, ocean acidification, 
                        and harmful algal blooms; and
                            ``(iii) identifying working waterfronts and 
                        highlighting them within communities;
                    ``(B) outline options, in coordination with coastal 
                States and local stakeholders, to address such critical 
                needs, including adaptation and mitigation where 
                applicable;
                    ``(C) identify Federal agencies that are 
                responsible under existing law for addressing such 
                critical needs; and
                    ``(D) recommend Federal agencies best suited to 
                address any critical needs for which no agency is 
                responsible under existing law.
            ``(4) Information to be considered.--In identifying and 
        prioritizing policy gaps pursuant to paragraph (3), the task 
        force shall consider the findings and recommendations contained 
        in section VI of the report entitled `The Sustainable Working 
        Waterfronts Toolkit: Final Report', dated March 2013.
            ``(5) Report.--Not later than 18 months after the date of 
        the enactment of this section, the task force shall submit a 
        report to Congress on its findings.
            ``(6) Implementation.--The head of each Federal agency 
        identified in the report pursuant to paragraph (3)(C) shall 
        take such action as is necessary to implement the 
        recommendations contained in the report by not later than 1 
        year after the date of the issuance of the report.
    ``(b) Working Waterfront Grant Program.--
            ``(1) The Secretary shall establish a Working Waterfront 
        Grant Program, in cooperation with appropriate State, regional, 
        and other units of government, under which the Secretary may 
        make a grant to any coastal State for the purpose of 
        implementing a working waterfront plan approved by the 
        Secretary under subsection (c).
            ``(2) Subject to the availability of appropriations, the 
        Secretary shall award matching grants under the Working 
        Waterfronts Grant Program to coastal States with approved 
        working waterfront plans through a regionally equitable, 
        competitive funding process in accordance with the following:
                    ``(A) The Governor, or the lead agency designated 
                by the Governor for coordinating the implementation of 
                this section, where appropriate in consultation with 
                the appropriate local government, shall determine that 
                the application is consistent with the State's or 
                territory's approved coastal zone plan, program, and 
                policies prior to submission to the Secretary.
                    ``(B) In developing guidelines under this section, 
                the Secretary shall consult with coastal States, other 
                Federal agencies, and other interested stakeholders 
                with expertise in working waterfront planning.
                    ``(C) Coastal States may allocate grants to local 
                governments, Indian Tribes, agencies, or 
                nongovernmental organizations eligible for assistance 
                under this section.
            ``(3) In awarding a grant to a coastal State, the Secretary 
        shall consider--
                    ``(A) the economic, cultural, and historical 
                significance of working waterfront to the coastal 
                State;
                    ``(B) the demonstrated working waterfront needs of 
                the coastal State as outlined by a working waterfront 
                plan approved for the coastal State under subsection 
                (c), and the value of the proposed project for the 
                implementation of such plan;
                    ``(C) the ability to successfully leverage funds 
                among participating entities, including Federal 
                programs, regional organizations, State and other 
                government units, landowners, corporations, or private 
                organizations;
                    ``(D) the potential for rapid turnover in the 
                ownership of working waterfront in the coastal State, 
                and where applicable the need for coastal States to 
                respond quickly when properties in existing or 
                potential working waterfront areas or public access 
                areas as identified in the working waterfront plan 
                submitted by the coastal State come under threat or 
                become available; and
                    ``(E) the impact of the working waterfront plan 
                approved for the coastal State under subsection (c) on 
                the coastal ecosystem and the users of the coastal 
                ecosystem.
            ``(4) The Secretary shall approve or reject an application 
        for such a grant within 60 days after receiving an application 
        for the grant.
    ``(c) Working Waterfront Plans.--
            ``(1) To be eligible for a grant under subsection (b), a 
        coastal State must submit and have approved by the Secretary a 
        comprehensive working waterfront plan in accordance with this 
        subsection, or be in the process of developing such a plan and 
        have an established working waterfront program at the State or 
        local level, or the Secretary determines that an existing 
        coastal land use plan for that State is in accordance with this 
        subsection.
            ``(2) Such plan--
                    ``(A) must provide for preservation and expansion 
                of access to coastal waters to persons engaged in 
                commercial fishing, recreational fishing and boating 
                businesses, aquaculture, boatbuilding, or other water-
                dependent, coastal-related business;
                    ``(B) shall include one or more of--
                            ``(i) an assessment of the economic, 
                        social, cultural, and historic value of working 
                        waterfront to the coastal State;
                            ``(ii) a description of relevant State and 
                        local laws and regulations affecting working 
                        waterfront in the geographic areas identified 
                        in the working waterfront plan;
                            ``(iii) identification of geographic areas 
                        where working waterfronts are currently under 
                        threat of conversion to uses incompatible with 
                        commercial and recreational fishing, 
                        recreational fishing and boating businesses, 
                        aquaculture, boatbuilding, or other water-
                        dependent, coastal-related business, and the 
                        level of that threat;
                            ``(iv) identification of geographic areas 
                        with a historic connection to working 
                        waterfronts where working waterfronts are not 
                        currently available, and, where appropriate, an 
                        assessment of the environmental impacts of any 
                        expansion or new development of working 
                        waterfronts on the coastal ecosystem;
                            ``(v) identification of other working 
                        waterfront needs including improvements to 
                        existing working waterfronts and working 
                        waterfront areas;
                            ``(vi) a strategic and prioritized plan for 
                        the preservation, expansion, and improvement of 
                        working waterfronts in the coastal State;
                            ``(vii) for areas identified under clauses 
                        (iii), (iv), (v), and (vi), identification of 
                        current availability and potential for 
                        expansion of public access to coastal waters;
                            ``(viii) a description of the degree of 
                        community support for such strategic plan; and
                            ``(ix) a contingency plan for properties 
                        that revert to the coastal State pursuant to 
                        determinations made by the coastal State under 
                        subsection (g)(4)(C);
                    ``(C) may include detailed environmental impacts on 
                working waterfronts, including hazards, sea level rise, 
                inundation exposure, and other resiliency issues;
                    ``(D) may be part of the management program 
                approved under section 306;
                    ``(E) shall utilize to the maximum extent 
                practicable existing information contained in relevant 
                surveys, plans, or other strategies to fulfill the 
                information requirements under this paragraph; and
                    ``(F) shall incorporate the policies and 
                regulations adopted by communities under local working 
                waterfront plans or strategies in existence before the 
                date of the enactment of this section.
            ``(3) A working waterfront plan--
                    ``(A) shall be effective for purposes of this 
                section for the 5-year period beginning on the date it 
                is approved by the Secretary;
                    ``(B) must be updated and re-approved by the 
                Secretary before the end of such period; and
                    ``(C) shall be complimentary to and incorporate the 
                policies and objectives of regional or local working 
                waterfront plans as in effect before the date of 
                enactment of this section or as subsequently revised.
            ``(4) The Secretary may--
                    ``(A) award planning grants to coastal States for 
                the purpose of developing or revising comprehensive 
                working waterfront plans; and
                    ``(B) award grants consistent with the purposes of 
                this section to States undertaking the working 
                waterfront planning process under this section, for the 
                purpose of preserving and protecting working 
                waterfronts during such process.
            ``(5) Any coastal State applying for a working waterfront 
        grant under this title shall--
                    ``(A) develop a working waterfront plan, using a 
                process that involves the public and those with an 
                interest in the coastal zone;
                    ``(B) coordinate development and implementation of 
                such a plan with other coastal management programs, 
                regulations, and activities of the coastal State; and
                    ``(C) if the coastal State allows qualified holders 
                (other than the coastal State) to enter into working 
                waterfront covenants, provide as part of the working 
                waterfront plan under this subsection a mechanism or 
                procedure to ensure that the qualified holders are 
                complying their duties to enforce the working 
                waterfront covenant.
    ``(d) Uses, Terms, and Conditions.--
            ``(1) Each grant made by the Secretary under this section 
        shall be subject to such terms and conditions as may be 
        appropriate to ensure that the grant is used for purposes 
        consistent with this section.
            ``(2) A grant under this section may be used--
                    ``(A) to acquire a working waterfront, or an 
                interest in a working waterfront;
                    ``(B) to make improvements to a working waterfront, 
                including the construction or repair of wharfs, boat 
                ramps, or related facilities; or
                    ``(C) for necessary climate adaptation mitigation.
    ``(e) Public Access Requirement.--A working waterfront project 
funded by grants made under this section must provide for expansion, 
improvement, or preservation of reasonable and appropriate public 
access to coastal waters at or in the vicinity of a working waterfront, 
except for commercial fishing or other industrial access points where 
the coastal State determines that public access would be unsafe.
    ``(f) Limitations.--
            ``(1) Except as provided in paragraph (2), a grant awarded 
        under this section may be used to purchase working waterfront 
        or an interest in working waterfront, including an easement, 
        only from a willing seller and at fair market value.
            ``(2) A grant awarded under this section may be used to 
        acquire working waterfront or an interest in working waterfront 
        at less than fair market value only if the owner certifies to 
        the Secretary that the sale is being entered into willingly and 
        without coercion.
            ``(3) No Federal, State, or local entity may exercise the 
        power of eminent domain to secure title to any property or 
        facilities in connection with a project carried out under this 
        section.
    ``(g) Allocation of Grants to Local Governments and Other 
Entities.--
            ``(1) The Secretary shall encourage coastal States to 
        broadly allocate amounts received as grants under this section 
        among working waterfronts identified in working waterfront 
        plans approved under subsection (c).
            ``(2) Subject to the approval of the Secretary, a coastal 
        State may, as part of an approved working waterfront plan, 
        designate as a qualified holder any unit of State or local 
        government or nongovernmental organization, if the coastal 
        State is ultimately responsible for ensuring that the property 
        will be managed in a manner that is consistent with the 
        purposes for which the land entered into the program.
            ``(3) A coastal State or a qualified holder designated by a 
        coastal State may allocate to a unit of local government, 
        nongovernmental organization, fishing cooperative, or other 
        entity, a portion of any grant made under this section for the 
        purpose of carrying out this section, except that such an 
        allocation shall not relieve the coastal State of the 
        responsibility for ensuring that any funds so allocated are 
        applied in furtherance of the coastal State's approved working 
        waterfront plan.
            ``(4) A qualified holder may hold title to or interest in 
        property acquired under this section, except that--
                    ``(A) all persons holding title to or interest in 
                working waterfront affected by a grant under this 
                section, including a qualified holder, private citizen, 
                private business, nonprofit organization, fishing 
                cooperative, or other entity, shall enter into a 
                working waterfront covenant;
                    ``(B) such covenant shall be held by the coastal 
                State or a qualified holder designated under paragraph 
                (2);
                    ``(C) if the coastal State determines, on the 
                record after an opportunity for a hearing, that the 
                working waterfront covenant has been violated--
                            ``(i) all right, title, and interest in and 
                        to the working waterfront covered by such 
                        covenant shall, except as provided in 
                        subparagraph (D), revert to the coastal State; 
                        and
                            ``(ii) the coastal State shall have the 
                        right of immediate entry onto the working 
                        waterfront;
                    ``(D) if a coastal State makes a determination 
                under subparagraph (C), the coastal State may convey or 
                authorize the qualified holder to convey the working 
                waterfront or interest in working waterfront to another 
                qualified holder; and
                    ``(E) nothing in this subsection waives any legal 
                requirement under any Federal or State law.
    ``(h) Matching Contributions.--
            ``(1) Except as provided in paragraph (2), the Secretary 
        shall require that each coastal State that receives a grant 
        under this section, or a qualified holder designated by that 
        coastal State under subsection (g), shall provide matching 
        funds in an amount equal to at least 25 percent of the total 
        cost of the project carried out with the grant.
            ``(2) The Secretary may waive the application of paragraph 
        (1) for any qualified holder that is an underserved community, 
        a community that has an inability to draw on other sources of 
        funding because of the small population or low income of the 
        community, or for other reasons the Secretary considers 
        appropriate.
            ``(3) A local community designated as a qualified holder 
        under subsection (g) may utilize funds or other in-kind 
        contributions donated by a nongovernmental partner to satisfy 
        the matching funds requirement under this subsection.
            ``(4) As a condition of receipt of a grant under this 
        section, the Secretary shall require that a coastal State 
        provide to the Secretary such assurances as the Secretary 
        determines are sufficient to demonstrate that the share of the 
        cost of each eligible project that is not funded by the grant 
        awarded under this section has been secured.
            ``(5) If financial assistance under this section represents 
        only a portion of the total cost of a project, funding from 
        other Federal sources may be applied to the cost of the 
        project. Each portion shall be subject to match requirements 
        under the applicable provision of law.
            ``(6) The Secretary shall treat as non-Federal match the 
        value of a working waterfront or interest in a working 
        waterfront, including conservation and other easements, that is 
        held in perpetuity by a qualified holder, if the working 
        waterfront or interest is identified in the application for the 
        grant and acquired by the qualified holder within 3 years of 
        the grant award date, or within 3 years after the submission of 
        the application and before the end of the grant award period. 
        Such value shall be determined by an appraisal performed at 
        such time before the award of the grant as the Secretary 
        considers appropriate.
            ``(7) The Secretary shall treat as non-Federal match the 
        costs associated with acquisition of a working waterfront or an 
        interest in a working waterfront, and the costs of restoration, 
        enhancement, or other improvement to a working waterfront, if 
        the activities are identified in the project application and 
        the costs are incurred within the period of the grant award, 
        or, for working waterfront described in paragraph (6), within 
        the same time limits described in that paragraph. These costs 
        may include either cash or in-kind contributions.
    ``(i) Limit on Administrative Costs.--No more than 5 percent of the 
funds made available to the Secretary under this section may be used by 
the Secretary for planning or administration of the program under this 
section.
    ``(j) Other Technical and Financial Assistance.--
            ``(1) Up to 5 percent of the funds appropriated under this 
        section may be used by the Secretary for purposes of providing 
        technical assistance as described in this subsection.
            ``(2) The Secretary shall--
                    ``(A) provide technical assistance to coastal 
                States and local governments in identifying and 
                obtaining other sources of available Federal technical 
                and financial assistance for the development and 
                revision of a working waterfront plan and the 
                implementation of an approved working waterfront plan;
                    ``(B) provide technical assistance to States and 
                local governments for the development, implementation, 
                and revision of comprehensive working waterfront plans, 
                which may include, subject to the availability of 
                appropriations, planning grants and assistance, pilot 
                projects, feasibility studies, research, and other 
                projects necessary to further the purposes of this 
                section;
                    ``(C) assist States in developing other tools to 
                protect working waterfronts;
                    ``(D) collect and disseminate to States guidance 
                for best storm water management practices in regards to 
                working waterfronts;
                    ``(E) provide technical assistance to States and 
                local governments on integrating resilience planning 
                into working waterfront preservation efforts; and
                    ``(F) collect and disseminate best practices on 
                working waterfronts and resilience planning.
    ``(k) Reports.--
            ``(1) The Secretary shall--
                    ``(A) develop performance measures to evaluate and 
                report on the effectiveness of the program under this 
                section in accomplishing the purpose of this section; 
                and
                    ``(B) submit to Congress a biennial report that 
                includes such evaluations, an account of all 
                expenditures, and descriptions of all projects carried 
                out using grants awarded under this section.
            ``(2) The Secretary may submit the biennial report under 
        paragraph (1)(B) by including it in the biennial report 
        required under section 316.
    ``(l) Definitions.--In this section:
            ``(1) The term `qualified holder' means a coastal State or 
        a unit of local or coastal State government or a non-State 
        organization designated by a coastal State under subsection 
        (g).
            ``(2) The term `Secretary' means the Secretary, acting 
        through the National Oceanic and Atmospheric Administration.
            ``(3) The term `working waterfront' means real property 
        (including support structures over water and other facilities) 
        that provides access to coastal waters to persons engaged in 
        commercial and recreational fishing, recreational fishing and 
        boating businesses, boatbuilding, aquaculture, or other water-
        dependent, coastal-related business and is used for, or that 
        supports, commercial and recreational fishing, recreational 
        fishing and boating businesses, boatbuilding, aquaculture, or 
        other water-dependent, coastal-related business.
            ``(4) The term `working waterfront covenant' means an 
        agreement in recordable form between the owner of working 
        waterfront and one or more qualified holders, that provides 
        such assurances as the Secretary may require that--
                    ``(A) the title to or interest in the working 
                waterfront will be held by a grant recipient or 
                qualified holder in perpetuity, except as provided in 
                subparagraph (C);
                    ``(B) the working waterfront will be managed in a 
                manner that is consistent with the purposes for which 
                the property is acquired pursuant to this section, and 
                the property will not be converted to any use that is 
                inconsistent with the purpose of this section;
                    ``(C) if the title to or interest in the working 
                waterfront is sold or otherwise exchanged--
                            ``(i) all working waterfront owners and 
                        qualified holders involved in such sale or 
                        exchange shall accede to such agreement; and
                            ``(ii) funds equal to the fair market value 
                        of the working waterfront or interest in 
                        working waterfront shall be paid to the 
                        Secretary by parties to the sale or exchange, 
                        and such funds shall, at the discretion of the 
                        Secretary, be paid to the coastal State in 
                        which the working waterfront is located for use 
                        in the implementation of the working waterfront 
                        plan of the State approved by the Secretary 
                        under this section; and
                    ``(D) such covenant is subject to enforcement and 
                oversight by the coastal State or by another person as 
                determined appropriate by the Secretary.
    ``(m) Authorization of Appropriations.--There is authorized to be 
appropriated to the Grant Program $15,000,000.''.
    (b) Working Waterfronts Preservation Loan Fund.--The Coastal Zone 
Management Act of 1972 (16 U.S.C. 1451 et seq.) is further amended by 
adding at the end the following:

``SEC. 321. WORKING WATERFRONTS PRESERVATION LOAN FUND.

    ``(a) Fund.--There is established in the Treasury a separate 
account that shall be known as the `Working Waterfronts Preservation 
Loan Fund' (in this section referred to as the `Fund').
    ``(b) Use.--
            ``(1) Subject to the availability of appropriations, 
        amounts in the Fund may be used by the Secretary to make loans 
        to coastal States for the purpose of implementing a working 
        waterfront plan approved by the Secretary under section 320(c) 
        through preservation, improvement, restoration, rehabilitation, 
        acquisition of working waterfront properties under criteria 
        established by the Secretary.
            ``(2) Upon enactment of this section, the Secretary of 
        Commerce shall conduct a feasibility study on the 
        administration of the development and management of a Working 
        Waterfronts Preservation Loan Fund.
            ``(3) Upon the completion of the study under paragraph (2), 
        the Secretary shall establish a fund in accordance with the 
        results of that study, and establish such criteria as 
        referenced in subsection (c) in consultation with States that 
        have a management program approved by the Secretary of Commerce 
        pursuant to section 306 and local government coastal management 
        programs.
    ``(c) Award Criteria.--The Secretary shall award loans under this 
section through a regionally equitable, competitive funding process, 
and in accordance with the following:
            ``(1) The Governor, or the lead agency designated by the 
        Governor for coordinating the implementation of this section, 
        where appropriate in consultation with the appropriate local 
        government, shall determine that an application for a loan is 
        consistent with the State's approved coastal zone plan, 
        program, and policies prior to submission to the Secretary.
            ``(2) In developing guidelines under this section, the 
        Secretary shall consult with coastal States, other Federal 
        agencies, and other interested stakeholders with expertise in 
        working waterfront planning.
            ``(3) Coastal States may allocate amounts loaned under this 
        section to local governments, Indian Tribes, agencies, or 
        nongovernmental organizations eligible for loans under this 
        section.
            ``(4) In awarding a loan for activities in a coastal State, 
        the Secretary shall consider--
                    ``(A) the economic and cultural significance of 
                working waterfront to the coastal State;
                    ``(B) the demonstrated working waterfront needs of 
                the coastal State as outlined by a working waterfront 
                plan approved for the coastal State under section 
                320(c), and the value of the proposed loan for the 
                implementation of such plan;
                    ``(C) the ability to successfully leverage loan 
                funds among participating entities, including Federal 
                programs, regional organizations, State and other 
                government units, landowners, corporations, or private 
                organizations;
                    ``(D) the potential for rapid turnover in the 
                ownership of working waterfront in the coastal State, 
                and where applicable the need for coastal States to 
                respond quickly when properties in existing or 
                potential working waterfront areas or public access 
                areas as identified in the working waterfront plan 
                submitted by the coastal State come under threat or 
                become available;
                    ``(E) the impact of the loan on the coastal 
                ecosystem and the users of the coastal ecosystem; and
                    ``(F) the extent of the historic connection between 
                working waterfronts for which the loan will be used and 
                the local communities within the coastal State.
    ``(d) Loan Amount and Terms.--
            ``(1) The amount of a loan under this section--
                    ``(A) shall be not less than $100,000; and
                    ``(B) shall not exceed 15 percent of the amount in 
                the Fund as of July 1 of the fiscal year in which the 
                loan is made.
            ``(2) The interest rate for a loan under this section shall 
        not exceed 4 percent.
            ``(3) The repayment term for a loan under this section 
        shall not exceed 20 years.
    ``(e) Deadline for Approval.--The Secretary shall approve or reject 
an application for a loan under this section within 60 days after 
receiving an application for the loan.
    ``(f) Limit on Administrative Costs.--No more than 5 percent of the 
funds made available to the Secretary under this section may be used by 
the Secretary for planning or administration of the program under this 
section.
    ``(g) Definitions.--The definitions in section 320(l) shall apply 
to this section.
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Fund $15,000,000.''.

SEC. 204. SEAFOOD MARKETING.

    (a) Outreach Plan.--The Secretary of Agriculture, in conjunction 
with the Administrator, shall develop an outreach plan to expand 
Department of Agriculture outreach to fishing industry stakeholders to 
increase awareness of and assist with the use of programs in the 
Agricultural Marketing Service.
    (b) Study.--The Administrator shall, in consultation with the 
Secretary of Agriculture and members of the seafood industry, study the 
possibility of establishing education and marketing programs within the 
National Oceanic and Atmospheric Administration.
    (c) Reports.--Not later than 2 years after the date of enactment of 
this Act--
            (1) the Secretary of Agriculture, in conjunction with the 
        Administrator, shall submit a report to Congress on the 
        outreach plan developed under subsection (a); and
            (2) the Administrator shall submit a report to Congress on 
        the findings of the study conducted under subsection (b).

SEC. 205. COMMUNITY PARTICIPATION IN LIMITED ACCESS PRIVILEGE PROGRAMS.

    Section 303A(c) (16 U.S.C. 1853a(c)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (C)(iii), by inserting ``, 
                including the participation of fishing communities in 
                the fishery'' after ``benefits''; and
                    (B) by adding at the end the following:
                    ``(L) consider the needs of fishing communities and 
                provide a process for fishing communities to 
                participate in the limited access privilege program in 
                accordance with subsection (c)(3).''; and
            (2) by amending paragraph (3) to read as follows:
            ``(3) Fishing communities.--
                    ``(A) Eligibility.--To be eligible to participate 
                in a limited access privilege program to harvest fish, 
                a fishing community shall--
                            ``(i) be located within the management area 
                        of the relevant Council;
                            ``(ii) consist of residents who conduct 
                        commercial or recreational fishing, processing, 
                        or fishery-dependent support businesses within 
                        the Council's management area; and
                            ``(iii) develop and submit a community 
                        sustainability plan to the Council and the 
                        Secretary that demonstrates how the plan will 
                        address the social and economic development 
                        needs of coastal communities, including those 
                        that have not historically had the resources to 
                        participate in the fishery, for approval.
                    ``(B) Community sustainability plan approval.--
                            ``(i) In general.--A community 
                        sustainability plan submitted by a fishing 
                        community to a Council for approval shall 
                        include the following components:
                                    ``(I) A description of the Board 
                                and governance for the entity that will 
                                receive the allocation.
                                    ``(II) A description of the quota 
                                allocation process that will be used by 
                                the fishing community entity, including 
                                an appeals process within the entity.
                                    ``(III) Provisions for monitoring 
                                and enforcement of the community 
                                sustainability plan.
                                    ``(IV) Goals and objectives for the 
                                fishing community and how the entity 
                                will use the allocation to meet those 
                                goals and objectives.
                                    ``(V) A description of how the 
                                entity will sustain the participation 
                                of the fishing community in the 
                                fisheries, including providing for new 
                                entry and intergenerational transfer, 
                                encouraging active participation and 
                                addressing economic barriers to access 
                                to the fisheries.
                                    ``(VI) A description of how the 
                                community sustainability plan will 
                                address the projected economic and 
                                social impacts associated with the 
                                implementation of the limited access 
                                program, including the potential for 
                                strengthening economic conditions in 
                                remote fishing communities lacking the 
                                resources to participate in harvesting 
                                activities in the fishery.
                                    ``(VII) A description of how the 
                                community sustainability plan will 
                                ensure the benefits of participating in 
                                the limited access privilege program 
                                accrue to the fishing community and 
                                participants.
                            ``(ii) Previously adopted plan.--A 
                        community sustainability plan submitted before 
                        the date of enactment of the Sustaining 
                        America's Fisheries for the Future Act of 2021 
                        shall not be invalidated by failure to comply 
                        with clause (i) unless such plan is amended 
                        after such date.''.

SEC. 206. FINDINGS.

    Section 2(a)(3) (16 U.S.C. 1802(a)(3)) is amended to read as 
follows:
            ``(3) Commercial and recreational fishing (including 
        charter fishing) constitutes a major source of employment and 
        contributes significantly to the economy of the Nation. Many 
        coastal areas are dependent upon fishing and related 
        activities, and their economies have been badly damaged by the 
        overfishing of fishery resources; ensuring sustainable use of 
        fishery resources is essential to the economic well-being of 
        these areas.''.

        TITLE III--STRENGTHENING PUBLIC PROCESS AND TRANSPARENCY

SEC. 301. TRIBAL REPRESENTATION AT THE PACIFIC FISHERY MANAGEMENT 
              COUNCIL.

    (a) In General.--Section 302(b)(5) (16 U.S.C. 1852(b)(5)) is 
amended--
            (1) in subparagraph (A), by striking ``of not less than 3 
        individuals''; and
            (2) by adding at the end the following:
                    ``(E) Term of tribal representative.--An individual 
                appointed under subparagraph (A) shall serve on the 
                Pacific Council until such time as a new appointment to 
                the tribal seat is made under subparagraph (A).''.
    (b) Conforming Amendment.--Section 302(b)(3) is amended by striking 
``paragraphs (2) and (5)'' and inserting ``paragraph (2)''.

SEC. 302. TRIBAL REPRESENTATION AT THE NORTH PACIFIC FISHERY MANAGEMENT 
              COUNCIL.

    (a) In General.--Section 302(a)(1)(G) (16 U.S.C. 1852(a)(1)(G)) is 
amended--
            (1) by striking ``11'' and inserting ``13''; and
            (2) by inserting ``and including 2 appointed from Indian 
        tribes in Alaska selected in accordance with subsection 
        (b)(7)'' before the period at the end.
    (b) Appointment.--Section 302(b) (16 U.S.C. 1852(b)) is amended by 
adding at the end the following:
            ``(7) Tribal representative on north pacific council.--
                    ``(A) Appointment.--The Secretary shall appoint to 
                the North Pacific Council 2 representatives of Indian 
                tribes in Alaska from a list submitted by Tribal 
                governments. The Secretary, in consultation with the 
                Secretary of Interior and Tribal governments shall 
                determine the procedure for submitting a list under 
                this subparagraph.
                    ``(B) Representation.--Representation shall be 
                rotated among affected tribal regions, taking into 
                consideration--
                            ``(i) the qualifications of the individuals 
                        on the list described in subparagraph (A);
                            ``(ii) the degree to which the Indian 
                        tribes in the region are dependent on 
                        anadromous fish and marine resources in the 
                        area managed by the Council and the impact of 
                        Council actions on such resources; and
                            ``(iii) the geographic area in which the 
                        tribe of the representative is located.
                    ``(C) Filling of vacancy.--A vacancy occurring 
                prior to the expiration of any term shall be filled in 
                the same manner as set out in subparagraphs (A) and 
                (B), except that the Secretary may use the list from 
                which the vacating representative was chosen.
                    ``(D) Designation of alternate.--The tribal 
                representative appointed under subparagraph (A) may 
                designate as an alternate an individual knowledgeable 
                concerning tribal rights and fishing practices, 
                Indigenous traditional knowledge, tribal law, and other 
                marine resources of the geographical area concerned.
                    ``(E) Term of appointment.--An individual appointed 
                under subparagraph (A) shall serve on the North Pacific 
                Council until such time as new appointment to the 
                tribal seat is made under subparagraph (A).''.

SEC. 303. ATLANTIC COUNCILS.

    Section 302(a) (16 U.S.C. 1852(a)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A)--
                            (i) by striking ``18'' and inserting 
                        ``19''; and
                            (ii) by inserting before the period at the 
                        end ``and a liaison who is a member of the Mid-
                        Atlantic Fishery Management Council to 
                        represent the interests of fisheries under the 
                        jurisdiction of such Council''; and
                    (B) in subparagraph (B)--
                            (i) by striking ``21'' and inserting 
                        ``22''; and
                            (ii) by inserting before the period at the 
                        end ``and a liaison who is a member of the New 
                        England Fishery Management Council to represent 
                        the interests of fisheries under the 
                        jurisdiction of such Council''; and
            (2) by adding at the end the following:
            ``(4) Requirements for liaison.--The Secretary may only 
        appoint an individual to be a liaison between 2 Councils under 
        this subsection if such individual has expertise in a fishery 
        that spans the geographical areas of both such Councils.''.

SEC. 304. COUNCIL PROCEDURES AND PARTICIPATION.

    (a) In General.--Section 302(e) (16 U.S.C. 1852(e)) is amended--
            (1) in paragraph (5), by striking ``At the request of any 
        voting member of a Council, the Council shall hold a roll call 
        vote on any matter before the Council.'' and inserting ``Each 
        Council shall hold a roll call vote on all nonprocedural 
        matters before the Council. At the request of any voting member 
        of a Council, the Council shall hold a roll call vote on any 
        procedural matter before the Council.''; and
            (2) by adding at the end the following:
            ``(6) To the extent possible, each Council shall--
                    ``(A) seek to hold meetings in person; and
                    ``(B) ensure the availability of remote meeting 
                participation and voting.''.
    (b) Council Meetings.--Section 302(i)(2) is amended by adding at 
the end the following:
                    ``(G) Each Council shall make available on the 
                website of the Council--
                            ``(i) to the extent practicable, a webcast 
                        or a live audio or video broadcast of each 
                        meeting of the Council, and of the Council 
                        Coordination Committee established under 
                        subsection (l), that is not closed in 
                        accordance with paragraph (3); and
                            ``(ii) an audio or video recording (if the 
                        meeting was in person or by video conference), 
                        or a searchable audio recording or written 
                        transcript, of each meeting of the Council and 
                        of the meetings of committees referred to in 
                        section 302(g)(1)(B) of the Council, by not 
                        later than 30 days after the conclusion of the 
                        meeting.
                    ``(H) The Secretary shall maintain and make 
                available to the public an archive of Council and 
                scientific and statistical committee meeting audio and 
                video recordings and transcripts made available under 
                clauses (i) and (ii) of subparagraph (G).''.

SEC. 305. COUNCIL ACCOUNTABILITY AND MEMBERSHIP.

    (a) Ethics.--Section 302(f) (16 U.S.C. 1852(f)) is amended--
            (1) in paragraph (1), by inserting ``Such employees, 
        including executive directors, shall be deemed Federal 
        employees with respect to any requirement that applies to 
        Federal employees.'' after ``functions.''; and
            (2) by adding at the end the following:
            ``(8) Council, committee, and advisory panel members shall 
        be subject to all law, rules, and policies regarding ethics and 
        sexual harassment and assault that apply to Federal employees. 
        Council, committee, and advisory panel members found to have 
        violated such laws, rules, or policies shall be held 
        individually liable for their actions. The Secretary may impose 
        civil penalties for violations including suspension or 
        expulsion from participation or membership in a council, 
        advisory body, or related entity or activity.''.
    (b) Disclosure of Financial Interest and Recusal.--Section 302(j) 
(16 U.S.C. 1852(j)) is amended--
            (1) by amending paragraph (1)(B) to read as follows:
            ``(B) the term `designated official' means an attorney 
        employed in the Office of the General Counsel of the National 
        Oceanic and Atmospheric Administration with an expertise in 
        Federal conflict-of-interest requirements who is designated by 
        the Secretary, in consultation with the Council, to attend 
        Council meetings and make determinations under paragraph 
        (7)(B).'';
            (2) in paragraph (2)(C), by inserting ``contractor,'' after 
        ``partner,''; and
            (3) in paragraph (5)(B), by striking ``on the Internet'' 
        and inserting ``on the website of the agency, on the website of 
        the applicable Council,''.
    (c) Lobbying.--Section 302 is amended by adding at the end the 
following:
    ``(m) Lobbying.--
            ``(1) Prohibition on council lobbying.--Regional Fishery 
        Management Council members, members of Council advisory bodies, 
        and Council employees and contractors, are prohibited from 
        using Federal funds to attempt to influence the introduction, 
        advancement, enactment, amendment, or repeal of Federal or 
        State legislation, as well as the issuance, advancement, 
        modification, or overturning of an executive order, 
        Presidential proclamation, or similar Presidential directive or 
        decree. Notwithstanding the foregoing, such individuals may 
        provide a technical and factual presentation directly related 
        to the performance of a Council's duties, through hearing 
        testimony or written statements, if such presentation is in 
        response to a documented request and is made available under 
        paragraph (4).
            ``(2) Adjudicating violations.--
                    ``(A) Initiation by secretary.--The Secretary may 
                initiate an investigation of a potential violation of 
                this subsection.
                    ``(B) Complaint.--The Secretary shall investigate a 
                complaint submitted by any person or government entity 
                regarding a potential violation of this subsection.
            ``(3) Penalties.--If the Secretary determines that an 
        individual violated paragraph (1), such individual shall be 
        subject to civil penalties including suspension or expulsion 
        from participation in, membership of, or employment by a 
        council, advisory body, or related entity or activity.
            ``(4) Content of communications.--Councils shall maintain 
        and make publicly available Council websites--
                    ``(A) copies of all documents and communication 
                relevant to paragraph (1), including any relevant 
                Council meeting minutes, briefing book materials, and 
                correspondence, including with a office of general 
                counsel of a regional office of the National Oceanic 
                and Atmospheric Administration;
                    ``(B) copies of all communication with Federal or 
                State legislators, or any communication with executive 
                branch officials on subjects other than routine fishery 
                management in the region; and
                    ``(C) documentation of verbal communication with 
                Federal or State legislators or with Federal executive 
                branch officials on subjects other than routine fishery 
                management in the region.
            ``(5) Training.--The Secretary shall provide training to 
        individuals described in paragraph (1) on compliance with rules 
        issued under this subsection and general limits of Federal 
        grant recipients on contacts with members and staff of the 
        Executive and Legislative branches.
            ``(6) Report.--The Secretary shall submit an annual report 
        to the Committee on Natural Resources of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate that describes--
                    ``(A) the funding provided to implement this 
                subsection;
                    ``(B) complaints received of and investigations 
                into potential violations of this subsection; and
                    ``(C) barriers associated with and proposals to 
                improve implementation of this subsection.
            ``(7) Regulations.--Not later than 12 months after the date 
        of enactment of the Sustaining America's Fisheries for the 
        Future Act of 2021, the Secretary shall issue implementing 
        regulations for this subsection.''.
    (d) Voting Members.--Section 302(b)(2) (16 U.S.C. 1852(b)(2)) is 
amended--
            (1) by amending subparagraph (A) to read as follows:
                    ``(A) Required expertise.--In making appointments 
                to the Council under this section, the Secretary shall 
                appoint an individual who, by reason of occupational or 
                other experience, scientific expertise, or training, is 
                knowledgeable regarding--
                            ``(i) the conservation and management, or 
                        the commercial, recreational, or subsistence 
                        harvest, of the fishery resources of the 
                        geographic area concerned; or
                            ``(ii) ecosystem-based fishery management 
                        or climate science.'';
            (2) by amending subparagraph (B) to read as follows:
                    ``(B) Apportionment.--The Secretary, in making 
                appointments under this section, shall, to the extent 
                practicable, ensure a fair and balanced apportionment, 
                on a rotating or other basis, of active participants or 
                representatives of such participants in the commercial, 
                recreational, and subsistence fisheries under the 
                jurisdiction of the Council and of members of the 
                conservation community, scientists, non-consumptive 
                users, and indigenous and tribal communities as 
                applicable, and of the active participants (or their 
                representatives) in the commercial, recreational, and 
                subsistence fisheries under the jurisdiction of the 
                Council. The Secretary shall, on an annual basis, 
                submit to the Committee on Commerce, Science, and 
                Transportation of the Senate and the Committee on 
                Natural Resources of the House of Representatives a 
                report on the actions taken by the Secretary to ensure 
                that such fair and balanced apportionment is achieved. 
                The report shall--
                            ``(i) list the fisheries under the 
                        jurisdiction of each Council, outlining for 
                        each fishery the type and quantity of fish 
                        harvested, fishing and processing methods 
                        employed, the number of participants, the 
                        duration and range of the fishery, and other 
                        distinguishing characteristics;
                            ``(ii) assess the membership of each 
                        Council in terms of the apportionment of the 
                        active participants in each such fishery and of 
                        members of the conservation community, 
                        scientists, non-consumptive users, indigenous 
                        and tribal communities; and
                            ``(iii) state the Secretary's plans and 
                        schedule for actions to achieve a fair and 
                        balanced apportionment on the Council for the 
                        active participants in any such fishery and for 
                        the categories of members listed in clause 
                        (ii).''; and
            (3) by amending subparagraph (C) to read as follows:
                    ``(C) Appointments.--
                            ``(i) List from governor.--
                                    ``(I) Appointment from list.--The 
                                Secretary shall appoint the members of 
                                each Council from a list of individuals 
                                submitted by the Governor of each 
                                applicable constituent State.
                                    ``(II) Requirements for list.--in 
                                submitting a list for the purposes of 
                                subclause (I), a Governor--
                                            ``(aa) may only submit the 
                                        name of an individual if such 
                                        Governor has determined such 
                                        individual is qualified under 
                                        the requirements of 
                                        subparagraph (A); and
                                            ``(bb) shall include the 
                                        names and pertinent 
                                        biographical data of not less 
                                        than 3 individuals for each 
                                        applicable vacancy and shall be 
                                        accompanied by a statement by 
                                        the Governor explaining how 
                                        each such individual meets the 
                                        requirements of subparagraph 
                                        (A).
                                    ``(III) Review.--The Secretary 
                                shall review each list submitted under 
                                this subparagraph. If the Secretary 
                                determines that any individual does not 
                                meet the requirements of this 
                                paragraph, the Secretary shall notify 
                                the appropriate Governor.
                                    ``(IV) Response to review.--If a 
                                Governor receives notice under 
                                subclause (III), the Governor may 
                                submit a revised list or resubmit the 
                                original list with an additional 
                                explanation of the qualifications of 
                                the individual in question.
                            ``(ii) Individuals who do not have a 
                        financial interest.--The Secretary shall 
                        appoint to each Council at least 1 individual 
                        who does not have a financial interest in 
                        matters before the Council.
                            ``(iii) Financial disclosure 
                        requirements.-- An individual is not eligible 
                        for appointment by the Secretary until that 
                        individual complies with the applicable 
                        financial disclosure requirements under 
                        subsection (j).''.
    (e) Section 302(b)(2) (16 U.S.C. 1852(b)(2)) is amended by adding 
at the end the following:
                    ``(F) In appointing at-large members to the Western 
                Pacific Fishery Management Council, the Secretary shall 
                ensure geographic representation across all constituent 
                states of the Council.''.
    (f) Judicial Review.--Section 305(f)(1) is amended by striking 
``30'' and inserting ``60''.

SEC. 306. AMENDMENTS TO WESTERN PACIFIC SUSTAINABLE FISHERIES FUND.

    Section 204(e) is amended--
            (1) in paragraph (4)--
                    (A) by amending subparagraph (A) to read as 
                follows:
                    ``(A) In general.--
                            ``(i) Requirement.--Prior to entering into 
                        a Pacific Insular Area fishery agreement, the 
                        Western Pacific Council and the appropriate 
                        Governor shall develop a 3-year marine 
                        conservation plan including detailing uses for 
                        funds to be collected by the Secretary pursuant 
                        to such agreement.
                            ``(ii) Process.--Not later than 30 days 
                        before submitting a marine conservation plan to 
                        the Secretary for approval, the Western Pacific 
                        Council shall issue a public notice of intent 
                        to submit such plan to the Secretary, including 
                        publishing such plan.
                            ``(iii) Contents.--The marine conservation 
                        management plan required by clause (i) shall be 
                        consistent with any applicable fishery 
                        management plan, identify conservation and 
                        management objectives (including criteria for 
                        determining when such objectives have been 
                        met), and prioritize planned marine 
                        conservation projects. Conservation and 
                        management objectives shall include--
                                    ``(I) Pacific Insular Area observer 
                                programs, or other monitoring programs, 
                                that the Secretary determines are 
                                adequate to monitor the harvest, 
                                bycatch, and compliance with the laws 
                                of the United States by foreign fishing 
                                vessels that fish under Pacific Insular 
                                Area fishing agreements;
                                    ``(II) conduct of marine and 
                                fisheries research, including 
                                development of systems for information 
                                collection, analysis, evaluation, and 
                                reporting;
                                    ``(III) conservation, education, 
                                and enforcement activities related to 
                                marine and coastal management, such as 
                                living marine resource assessments, 
                                habitat monitoring and coastal studies;
                                    ``(IV) grants to the University of 
                                Hawaii for technical assistance 
                                projects by the Pacific Island Network, 
                                such as education and training in the 
                                development and implementation of 
                                sustainable marine resources 
                                development projects, scientific 
                                research, and conservation strategies; 
                                and
                                    ``(V) western Pacific community-
                                based demonstration projects under 
                                section 112(b) of the Sustainable 
                                Fisheries Act and other coastal 
                                improvement projects in waters beyond 
                                the seaward boundary (as such term is 
                                defined in section 4 of the Submerged 
                                Lands Act) of any State to foster and 
                                promote the management, conservation, 
                                and economic enhancement of the Pacific 
                                Insular Areas.
                            ``(iv) Applicability of recusal 
                        requirements.--The development of a marine 
                        conservation plan under this subparagraph shall 
                        be a Council decision for the purposes of 
                        section 302(j).''; and
                    (B) in subparagraph (B), by inserting ``Hawaii,'' 
                before ``American Samoa,'';
            (2) by amending paragraph (7) to read as follows:
            ``(7) Western pacific sustainable fisheries fund.--There is 
        established in the United States Treasury a Western Pacific 
        Sustainable Fisheries Fund into which any payments received by 
        the Secretary under a Pacific Insular Area fishery agreement 
        and any funds or contributions received in support of 
        conservation and management objectives under a marine 
        conservation plan for any Pacific Insular Area other than 
        American Samoa, Guam, or the Northern Mariana Islands shall be 
        deposited. The Western Pacific Sustainable Fisheries Fund shall 
        be made available, without appropriation or fiscal year 
        limitation, to the Secretary, who shall provide such funds 
        only--
                    ``(A) for the purpose of carrying out the 
                provisions of this subsection, as determined by the 
                Secretary in consultation with the Western Pacific 
                Sustainable Fishery Fund Advisory panel under paragraph 
                (9), including implementation of a marine conservation 
                plan approved under paragraph (4);
                    ``(B) to the Secretary of State for mutually agreed 
                upon travel expenses for no more than 2 Federal 
                representatives incurred as a direct result of 
                complying with paragraph (1)(B); and
                    ``(C) to meet conservation and management 
                objectives in the State of Hawaii if funds remain in 
                the Western Pacific Sustainable Fisheries Fund after 
                the funding requirements of subparagraphs (A) and (B) 
                have been satisfied.''; and
            (3) by adding at the end the following:
            ``(9) Western pacific sustainable fishery fund advisory 
        panel.--
                    ``(A) Establishment.--The Secretary shall establish 
                an advisory panel under section 302(g) to evaluate and 
                annually rank applications for grants under paragraph 
                (7).
                    ``(B) Membership.--The Secretary shall appoint to 
                such advisory panel the following individuals who shall 
                not be members or employees of the Western Pacific 
                Fishery Management Council:
                            ``(i) One individual selected by the 
                        Governor of Hawaii.
                            ``(ii) One individual selected by the 
                        Governor of the Northern Mariana Islands.
                            ``(iii) One individual selected by the 
                        Governor of Guam.
                            ``(iv) One individual selected by the by 
                        the Governor of American Samoa.
            ``(10) Written explanation.--In any case in which the 
        Secretary issues a grant that is inconsistent with the ranking 
        given by such advisory panel under subparagraph (A), the 
        Secretary shall provide a detailed written explanation of such 
        deviation.
            ``(11) Notice.--The Secretary shall provide timely notice 
        to the public of each meeting of such advisory panel.
            ``(12) Minutes.--The Secretary shall publish minutes of 
        each meeting of such advisory panel.
            ``(13) Report.--The Secretary shall, in consultation with 
        such advisory panel, submit an annual report to Congress 
        identifying any projects funded in the previous year under this 
        subsection and the status and progress of projects carried out 
        under this subsection.
            ``(14) Exemption from federal advisory committee act.--The 
        Federal Advisory Committee Act (5 U.S.C. App) shall not apply 
        to such advisory panel.''.

SEC. 307. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION SEXUAL 
              HARASSMENT AND ASSAULT PREVENTION.

    (a) Policy on the Prevention of and Response to Sexual Harassment 
Involving National Oceanic and Atmospheric Administration Personnel.--
            (1) Covered personnel.--Section 3541(a) of Public Law 114-
        328 (33 U.S.C. 894(a)) is amended--
                    (A) by striking ``Not later'' and inserting the 
                following:
            ``(1) In general.--Not later''; and
                    (B) by adding at the end the following:
            ``(2) Included personnel.--The individuals who work with or 
        conduct business on behalf of the Administration referred to in 
        paragraph (1) include the following:
                    ``(A) Observers and at-sea monitors required by the 
                National Marine Fisheries Service to be aboard 
                commercial fishing vessels and other privately owned 
                vessels, barges, or platforms for--
                            ``(i) commercial fisheries observation 
                        required by the Magnuson-Stevens Fishery 
                        Conservation and Management Act;
                            ``(ii) protected species or endangered 
                        species observation required by the Marine 
                        Mammal Protection Act of 1972 or the Endangered 
                        Species Act of 1973; or
                            ``(iii) platform removal observation.
                    ``(B) Voting members and executive and 
                administrative staff of regional fishery management 
                councils established by section 302 of the Magnuson-
                Stevens Fishery Conservation and Management Act.''.
            (2) Inclusion of equal employment in quarterly reports.--
        Section 3541(f) of such Act (33 U.S.C. 894(f)) is amended--
                    (A) by inserting ``and equal employment'' after 
                ``sexual harassment'' each place it appears; and
                    (B) in paragraph (2)--
                            (i) by redesignating subparagraphs (C) and 
                        (D) as subparagraphs (D) and (E), respectively; 
                        and
                            (ii) by inserting after subparagraph (B) 
                        the following:
                    ``(C) A synopsis of each case and the disciplinary 
                action taken (if any) in each case.''.
    (b) Comprehensive Policy on Prevention of and Response to Sexual 
Assaults.--
            (1) Covered personnel.--Section 3542(a) of such Act (33 
        U.S.C. 894a(a)) is amended--
                    (A) by striking ``Not later'' and inserting the 
                following:
            ``(1) In general.--Not later''; and
                    (B) by adding at the end the following:
            ``(2) Included personnel.--The individuals who work with or 
        conduct business on behalf of the Administration referred to in 
        paragraph (1) include the individuals described in section 
        3541(a)(2).''.
            (2) Victim advocates.--
                    (A) In general.--Section 3542(c)(2) of such Act (33 
                U.S.C. 894a(c)(2)) is amended to read as follows:
            ``(2) Victim advocates.--For purposes of this subsection, a 
        victim advocate is a full-time permanent employee of the 
        Administration trained in and responsible solely for matters 
        relating to sexual assault and the comprehensive policy 
        developed under subsection (a).''.
                    (B) Location.--Section 3542(c)(4) (33 U.S.C. 
                894a(c)(4)) of such Act is amended by inserting ``full 
                time'' after ``stationed''.
    (c) Annual Report on Sexual Assaults, Sexual Harassment, and Equal 
Employment.--Section 3548 of such Act (33 U.S.C. 894e) is amended--
            (1) by striking the section heading and inserting the 
        following: ``annual report on sexual assaults, sexual 
        harassment, and equal employment in the national oceanic and 
        atmospheric administration.'';
            (2) in subsection (a), by inserting ``, sexual harassment, 
        and equal employment'' after ``sexual assaults''; and
            (3) in subsection (b)--
                    (A) in paragraph (4), by inserting ``, including a 
                synopsis of each case and the disciplinary action 
                taken, if any, in each case'' before the period at the 
                end; and
                    (B) by adding at the end the following:
            ``(5) A summary of the number of change of station, unit 
        transfer, and change of work location requests submitted to the 
        Under Secretary under section 3544(a), including the number of 
        such requests that were denied.
            ``(6) A summary of the number of cases referred to the 
        Coast Guard under section 3550.
            ``(7) The number of alleged sexual assaults and sexual 
        harassment cases involving fisheries, protected species, and 
        endangered species observers, including--
                    ``(A) a synopsis of each case and the status;
                    ``(B) the disposition of any investigation; and
                    ``(C) a description of the fishery management 
                region and fishery or the geographic region and type of 
                permitted operation in which the assault or harassment 
                is alleged to have occurred, as appropriate.''.
    (d) Investigation and Criminal Referral Requirements.--
            (1) Technical amendment.--Sections 3548 (as amended) and 
        3549 of such Act (33 U.S.C. 894e and 894f) are redesignated as 
        sections 3551 and 3552, respectively.
            (2) In general.--Subtitle C of title XXXV of such Act (33 
        U.S.C. 894 et seq.) is amended by inserting after section 3547 
        the following:

``SEC. 3548. EXCEPTIONS REGARDING ANONYMITY OF SURVIVORS IN CERTAIN 
              CASES.

    ``(a) In General.--In any case in which an employee, member of the 
commissioned officer corps, or individual conducting business on behalf 
of the administration elects anonymous reporting under section 
3541(b)(3)(B) or 3542(b)(5)(B), disclosure of such person's personally 
identifying information is authorized to the following persons or 
organizations when disclosure would be for the following reasons:
            ``(1) To National Oceanic and Atmospheric Administration 
        staff or law enforcement personnel, when authorized by the 
        survivor in writing.
            ``(2) To National Oceanic and Atmospheric Administration 
        staff or law enforcement personnel to prevent or lessen a 
        serious or imminent threat to the health or safety of the 
        survivor or another person.
            ``(3) To a victim advocate or healthcare provider, when 
        required for the provision of victim services.
            ``(4) To a State or Federal court, when ordered by such 
        court or if disclosure is required by Federal or State statute.
    ``(b) Notice of Disclosure and Privacy Protection.--In any case in 
which information is disclosed under subsection (a), the Secretary 
shall--
            ``(1) make reasonable attempts to provide notice to the 
        employee, member, or individual whose personally identifying 
        information is disclosed; and
            ``(2) take such action as is necessary to protect the 
        privacy and safety of the employee, member, or individual.

``SEC. 3549. RESTRICTED REPORTING.

    ``(a) In General.--Not later than 3 years after the date of 
enactment of this section, the Secretary of Commerce, acting through 
the Under Secretary for Oceans and Atmosphere, shall develop a 
mechanism to provide a system of restricted reporting.
    ``(b) Restricted Reporting Defined.--In this section the term 
`restricted reporting' means a system of reporting that allows 
employees of the National Oceanic and Atmospheric Administration, 
members of the Commissioned Officer Corps of the Administration, and 
individuals who work with or conduct business on behalf of the 
Administration who are sexually assaulted to confidentially disclose 
the details of such person's assault to specified individuals and 
receive the services outlined in this subtitle title--
            ``(1) without the dissemination of such persons's 
        personally identifying information except as necessary for the 
        provision of such services; and
            ``(2) without automatically triggering an investigative 
        process.

``SEC. 3550. MARINER REFERRAL.

    ``The Under Secretary of Commerce for Oceans and Atmosphere, acting 
through the Director of the Office of Marine and Aviation Operations 
and in consultation with the Commandant of the Coast Guard, shall, not 
later than 180 days after the date of the enactment of this section, 
develop and implement a policy to report to the Coast Guard Suspension 
and Revocation National Center of Expertise, the names of personnel of 
the National Oceanic and Atmospheric Administration who--
            ``(1) are the subject of a claim of an act or offense 
        detrimental to good discipline and safety at sea, such as 
        sexual harassment or sexual assault that is substantiated by an 
        investigation under section 3546, or any other substantiated 
        claim of an act or offense for which suspension or revocation 
        of a credential is either mandatory or sought pursuant to part 
        5 of title 46 of the Code of Federal Regulations; and
            ``(2) are--
                    ``(A) employees or contractors of the 
                Administration required to hold a valid merchant 
                mariner credential as a condition of employment; or
                    ``(B) crew of a vessel that, at the time of such 
                act or offence, was operating under a contract with the 
                Administration.''.
    (e) Conforming and Clerical Amendments.--
            (1) Conforming amendments.--Subtitle C of title XXXV of 
        such Act (33 U.S.C. 894 et seq.) is amended--
                    (A) by striking the term ``victims'' each place it 
                appears and inserting ``survivors'';
                    (B) in section 3541(b)(2)(B), by striking 
                ``victim'' and inserting ``target of sexual 
                harassment'';
                    (C) in section 3542(c)(5)(A), by striking ``victim 
                of'' and inserting ``survivor of'';
                    (D) in section 3543--
                            (i) in the heading, by striking ``victim'' 
                        and inserting ``survivor''; and
                            (ii) by striking ``victim'' and inserting 
                        ``survivor''; and
                    (E) in section 3544--
                            (i) in subsection (a)--
                                    (I) by striking ``Victims'' and 
                                inserting ``Survivors''; and
                                    (II) in paragraph (1), by striking 
                                ``was'' each place such term appears 
                                and inserting ``is''; and
                            (ii) by striking ``victim'' each place such 
                        term appears and inserting ``survivor''.
            (2) Clerical amendment.--Each of the tables of contents in 
        section 2(b) and at the beginning of title XXXV of such Act is 
        amended--
                    (A) by striking the item relating to section 3543 
                and inserting the following:

``Sec. 3543. Rights of the survivor of a sexual assault.'';
                and
                    (B) by striking the items relating to sections 3548 
                and 3549 and inserting the following:

``Sec. 3548. Exceptions regarding anonymity of survivors in certain 
                            cases.
``Sec. 3549. Restricted reporting.
``Sec. 3550. Mariner referral.
``Sec. 3551. Annual report on sexual assaults, sexual harassment, and 
                            equal employment in the National Oceanic 
                            and Atmospheric Administration.
``Sec. 3552. Sexual assault defined.''.
    (f) Prohibited Acts.--Section 307(1)(L) of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1857(1)(L)) is 
amended--
            (1) by striking ``forcibly''; and
            (2) by striking ``on a vessel''.
    (g) Prohibition on Service in the National Oceanic and Atmospheric 
Administration Commissioned Officer Corps by Individuals Convicted of 
Certain Sexual Offenses.--Section 261(a) of the National Oceanic and 
Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 
U.S.C. 3071(a)) is amended--
            (1) by redesignating paragraphs (4) through (16) as 
        paragraphs (5) through (17), respectively; and
            (2) by inserting after paragraph (3) the following:
            ``(4) Section 657, relating to prohibition on service by 
        individuals convicted of certain sexual offenses.''.

SEC. 308. SALTONSTALL-KENNEDY ACT REFORM.

    (a) Establishment.--Section 2 of the Act of August 11, 1939 (15 
U.S.C. 713c-3), is amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following:
    ``(e) American Fisheries Advisory Committee.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Committee.--The term `Committee' means the 
                American Fisheries Advisory Committee established under 
                paragraph (2).
                    ``(B) Fishing community.--The term `fishing 
                community' means harvesters, marketers, growers, 
                processors, recreational fishermen, charter fishermen, 
                and persons providing goods and services to such 
                persons.
                    ``(C) Marketing and promotion.--The term `marketing 
                and promotion' means an activity aimed at encouraging 
                the consumption of seafood or expanding or maintaining 
                commercial markets for seafood.
                    ``(D) Processor.--The term `processor' means any 
                person in the business of preparing or packaging 
                seafood (including seafood of the processor's own 
                harvesting) for sale.
                    ``(E) Seafood.--The term `seafood' means farm-
                raised and wild-caught fish, shellfish, or marine algae 
                harvested in the United States or by a United States 
                flagged vessel for human consumption.
            ``(2) Establishment.--Not later than 90 days after the date 
        of enactment of the Sustaining America's Fisheries for the 
        Future Act of 2021, the Secretary shall establish the American 
        Fisheries Advisory Committee. Such Committee shall use the 
        following division of regions for organizational purposes:
                    ``(A) Region 1 shall consist of Alaska, Hawaii, the 
                Commonwealth of the Northern Mariana Islands, and the 
                Territories of Guam and American Samoa.
                    ``(B) Region 2 shall consist of Maine, New 
                Hampshire, Massachusetts, Rhode Island, and 
                Connecticut.
                    ``(C) Region 3 shall consist of Texas, Alabama, 
                Louisiana, Mississippi, Florida, Arkansas, Puerto Rico, 
                and the Territory of the Virgin Islands of the United 
                States.
                    ``(D) Region 4 shall consist of California, 
                Washington, Oregon, and Idaho.
                    ``(E) Region 5 shall consist of New Jersey, New 
                York, Delaware, Maryland, Virginia, North Carolina, 
                South Carolina, and Georgia.
                    ``(F) Region 6 shall consist of Michigan, 
                Minnesota, Wisconsin, Illinois, Indiana, Ohio, and 
                Pennsylvania.
            ``(3) Membership.--The Committee shall be composed of the 
        following members:
                    ``(A) Regional representation.--The Secretary shall 
                appoint 3 members to the Committee from each of the 
                regions described in paragraph (2)--
                            ``(i) who reside in a State or territory in 
                        the region that the member will represent;
                            ``(ii) of which--
                                    ``(I) one shall have experience as 
                                a seafood harvester or processor;
                                    ``(II) one shall have experience as 
                                recreational or commercial fisher or 
                                have experience growing seafood; and
                                    ``(III) one shall be an individual 
                                who represents the fisheries science 
                                community or the relevant Regional 
                                Fishery Management Council; and
                            ``(iii) that are selected so that the 
                        members of the Committee have experience or 
                        expertise with as many seafood species as 
                        practicable.
                    ``(B) At-large members.--The Secretary shall 
                appoint to the Committee at-large members as follows:
                            ``(i) One individual with experience in 
                        food distribution, marketing, retail, or food 
                        service.
                            ``(ii) One individual with experience in 
                        the recreational fishing industry supply chain, 
                        such as fishermen, manufacturers, retailers, 
                        and distributors.
                            ``(iii) One individual with experience in 
                        the commercial fishing industry supply chain, 
                        such as fishermen, manufacturers, retailers, 
                        and distributors.
                            ``(iv) One individual who is an employee of 
                        the National Marine Fisheries Service with 
                        expertise in fisheries research.
                    ``(C) Balanced representation.--In selecting the 
                members described in subparagraphs (A) and (B), the 
                Secretary shall seek to maximize on the Committee, to 
                the extent practicable, a balanced representation of 
                expertise in United States fisheries, seafood 
                production, and science.
            ``(4) Member terms.--The term for a member of the Committee 
        shall be 3 years, except that the Secretary shall designate 
        staggered terms for the members initially appointed to the 
        Committee.
            ``(5) Responsibilities.--The Committee shall be responsible 
        for--
                    ``(A) identifying needs of the fishing community 
                that may be addressed by a project funded with a grant 
                under subsection (c);
                    ``(B) developing the request for proposals for such 
                grants;
                    ``(C) reviewing applications for such grants; and
                    ``(D) selecting applications for approval under 
                subsection (c)(2)(B).
            ``(6) Chair.--The Committee shall elect a chair by a 
        majority of those voting, if a quorum is present.
            ``(7) Quorum.--A simple majority of members of the 
        Committee shall constitute a quorum, but a lesser number may 
        hold hearings.
            ``(8) Meetings.--
                    ``(A) Frequency.--The Committee shall meet not more 
                than 2 times each year.
                    ``(B) Location.--The meetings of the Committee 
                shall rotate between the geographic regions described 
                under paragraph (2).
                    ``(C) Minimizing costs.--The Committee shall seek 
                to minimize the operational costs associated with 
                meetings, hearings, or other business of the Committee, 
                including through the use of video or teleconference.
            ``(9) Designation of staff member.--The Secretary shall 
        designate a staff member to coordinate the activities of the 
        Committee and to assist with administrative and other functions 
        as requested by the Committee.
            ``(10) Per diem and expenses and funding.--
                    ``(A) In general.--A member of the Committee shall 
                serve without compensation, but shall be reimbursed in 
                accordance with section 5703 of title 5, United States 
                Code, for reasonable travel costs and expenses incurred 
                in performing duties as a member of the Committee.
                    ``(B) Funding.--The costs of reimbursements under 
                subparagraph (A) and the other costs associated with 
                the Committee shall be paid from funds made available 
                to carry out this section (which may include funds 
                described in subsection (f)(1)(B)), except that no 
                funds allocated for grants under subsection (f)(1)(A) 
                shall be expended for any purpose under this 
                subsection.
            ``(11) Conflict of interest.--The conflict of interest and 
        recusal provisions set out in section 302(j) of the Magnuson-
        Stevens Fishery Conservation and Management Act shall apply to 
        any decision by the Committee and to all members of the 
        Committee as if each member of the Committee is an affected 
        individual within the meaning of such section 302(j), except 
        that in addition to the disclosure requirements of section 
        302(j)(2)(C) of such Act, each member of the Committee shall 
        disclose any financial interest or relationship in an 
        organization or with an individual that is applying for a grant 
        under subsection (c) held by the member of the Committee, 
        including an interest as an officer, director, trustee, 
        partner, employee, contractor, agent, or other representative.
            ``(12) Technical review of applications.--
                    ``(A) In general.--Prior to review of an 
                application for a grant under subsection (c) by the 
                Committee, the Secretary shall obtain an independent 
                written technical evaluation from 3 or more appropriate 
                Federal, private, or public sector experts (such as 
                industry, academia, or governmental experts) who--
                            ``(i) have subject matter expertise to 
                        determine the technical merit of the proposal 
                        in the application;
                            ``(ii) shall independently evaluate each 
                        such proposal; and
                            ``(iii) shall certify that the expert does 
                        not have a conflict of interest concerning the 
                        application that the expert is reviewing.
                    ``(B) Guidance.--Not later than 180 days after the 
                date of enactment of the Sustaining America's Fisheries 
                for the Future Act of 2021, the Secretary shall issue 
                guidance related to carrying out the technical 
                evaluations under subparagraph (A). Such guidance shall 
                include criteria for the elimination by the National 
                Oceanic and Atmospheric Administration of applications 
                that fail to meet a minimum level of technical merit as 
                determined by the review described in subparagraph 
                (A).''.
    (b) Role in Approval of Grants.--Section 2(c)(3) of the Act of 
August 11, 1939 (15 U.S.C. 713c-3(c)(3)), is amended to read as 
follows:
    ``(3)(A) No application for a grant under this subsection may be 
approved unless the Secretary--
            ``(i) is satisfied that the applicant has the requisite 
        technical and financial capability to carry out the project; 
        and
            ``(ii) based on the recommendations of the American 
        Fisheries Advisory Committee established in subsection (e), 
        evaluates the proposed project as to--
                    ``(I) soundness of design;
                    ``(II) the possibilities of securing productive 
                results;
                    ``(III) minimization of duplication with other 
                fisheries research and development projects;
                    ``(IV) the organization and management of the 
                project;
                    ``(V) methods proposed for monitoring and 
                evaluating the success or failure of the project; and
                    ``(VI) such other criteria as the Secretary may 
                require.
    ``(B) If the Secretary fails to provide funds to a grant selected 
by the American Fisheries Advisory Committee, the Secretary shall 
provide a written document to the Committee justifying the decision.''.
    (c) Public Availability of Grants Proposals.--Section 2(c) of the 
Act of August 11, 1939 (15 U.S.C. 713c-3(c)), is amended by adding at 
the end the following:
            ``(6) Any person awarded a grant under this subsection 
        shall make publicly available a title and abstract of the 
        project to be carried out by the grant funds that serves as the 
        public justification for funding the project that includes a 
        statement describing how the project serves to enhance United 
        States fisheries, including harvesting, processing, marketing, 
        and associated infrastructures, if applicable.''.
    (d) Funding From Customs Receipts on Fishery Products.--Section 2 
of the Act of August 11, 1939 (15 U.S.C. 713c-3(b)), is amended--
            (1) by amending subsection (b) to read as follows:
    ``(b) Transfer of Funds.--The Secretary of Agriculture shall 
transfer to the Secretary each fiscal year, from funds made available 
to carry out section 32 of the Act of August 24, 1935, an amount equal 
to 30 percent of the gross receipts from duties collected under the 
customs laws on fishery products (including fish, shellfish, mollusks, 
crustaceans, aquatic plants and animals, and any products thereof, 
including processed and manufactured products), which shall be used 
only for the purposes described in subsection (c).''; and
            (2) by amending subsection (c)(1) to read as follows:
            ``(1) The Secretary shall make grants from the fund made 
        available under subsection (b) to--
                    ``(A) assist persons in carrying out research and 
                development projects addressed to any aspect of United 
                States fisheries, including fisheries science, 
                recreational fishing, harvesting, processing, 
                marketing, and associated infrastructures; or
                    ``(B) assist persons to market and promote the 
                consumption of--
                            ``(i) local or domestic fishery products;
                            ``(ii) environmentally and climate friendly 
                        fishery products; or
                            ``(iii) well-managed but less known 
                        species.''.

            TITLE IV--MODERNIZING FISHERIES SCIENCE AND DATA

SEC. 401. DATA MODERNIZATION.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary, acting through the Assistant 
Administrator for Fisheries, shall provide to Congress an 
implementation plan for the Fisheries Information Management 
Modernization initiative. Such plan shall include a description of--
            (1) activities for the goals and objectives of the 
        initiative;
            (2) a schedule for implementation;
            (3) an estimated budget;
            (4) a plan for stakeholder engagement for development of 
        user-centric systems, processes, and policies; and
            (5) how the initiative will align with other National 
        Oceanic and Atmospheric Administration data management efforts 
        to provide for efficiency and interoperability including such 
        Administration's Data Strategy, Cloud Strategy, and Artificial 
        Intelligence strategy.
    (b) Assistance From Experts.--The Secretary shall seek assistance 
from data management and technology experts inside and outside the 
government in carrying out this section.
    (c) Report.--The Secretary shall annually report to Congress on 
progress in carrying out this section.

SEC. 402. EXPANDING AND IMPROVING ELECTRONIC TECHNOLOGIES.

    (a) Sense of Congress.-- It is the sense of Congress that the use 
of electronic technologies such as digital video cameras and monitors, 
digital recording systems, and other forms of electronic technology as 
a complement to, and in some cases a replacement for, observers may 
maintain, increase, or improve the amount and accuracy of observer and 
fishery dependent information collected from fisheries while reducing 
costs and logistical difficulties. To achieve optimum yields while 
maintaining sustainable fisheries and healthy ecosystems, managers 
require timely, accurate, and comprehensive stock assessment and catch 
accounting across all regions and fishing sectors. To achieve 
management goals especially in the context of climate change, the 
National Oceanic and Atmospheric Administration should work to meet 
evolving management needs and, in collaboration with industry 
stakeholders, identify appropriate data collection technologies and 
strategies. The National Oceanic and Atmospheric Administration should 
also consider the use of innovative technology in fishery independent 
data collection including stock and habitat assessments and 
environmental conditions.
    (b) Fishery Management Councils.--Section 303(b)(8) is amended to 
read as follows:
            ``(8) require the collection of data necessary for the 
        conservation and management of the fishery to be collected from 
        a vessel of the United States engaged in fishing for species 
        that are subject to the plan while that vessel is at-sea 
        through--
                    ``(A) electronic monitoring or other electronic 
                technology; or
                    ``(B) on-board observation, except that such a 
                vessel shall not be required to carry an observer on 
                board if the facilities of the vessel for the 
                quartering of an observer, or for carrying out observer 
                functions, are so inadequate or unsafe that the health 
                or safety of the observer or the safe operation of the 
                vessel would be jeopardized;''.
    (c) Information Systems.--Section 402(a) (16 U.S.C. 1881a(a)) is 
amended--
            (1) in paragraph (1), by inserting ``The Council shall 
        consider the use of electronic monitoring and reporting or 
        other electronic technology as part of an information 
        collection program under this subsection.'' after ``request.'';
            (2) in paragraph (2), by inserting ``The Secretary shall 
        consider the use of electronic monitoring and reporting or 
        other electronic technology as part of an information 
        collection program.'' after ``fishery.''; and
            (3) by adding at the end the following:
            ``(3) Secretarial review.--Not less often than once every 5 
        years, the Secretary shall review the procedures and policies 
        by which information is collected, managed, and used to manage 
        fisheries and revise information collection programs and 
        policies needed to integrate data collection and management, 
        improve the timeliness, quality, usability, cost-effectiveness, 
        and to reduce unnecessary duplication within and across fishery 
        management plans and regions. Upon the completion of each such 
        review, the Secretary shall publish a report for the public 
        describing the findings of such review and planned revisions to 
        information collection programs.''.
    (d) Assessment of Electronic Technologies in Fisheries 
Management.--
            (1) In general.--The Comptroller General of the United 
        States shall, in consultation with the relevant committees of 
        Congress, conduct a review of the capabilities of the National 
        Marine Fisheries Service with respect to developing, deploying, 
        and using electronic monitoring and data collection tools to 
        monitor fisheries and shall make recommendations to improve 
        such capabilities, taking into consideration cost and 
        efficiency.
            (2) Report.--The Comptroller General shall submit to 
        Congress a report describing the results of the review required 
        by paragraph (1) and the recommendations made pursuant to such 
        review not later than 18 months after the date of enactment of 
        this Act.
    (e) Electronic Technologies Innovation Prize.--The Administrator, 
in consultation with the Secretary of Defense and the heads of other 
relevant Federal agencies, and in conjunction with such nongovernmental 
partners as the Administrator determines appropriate, shall establish 
at least 1 electronic technologies innovation prize to catalyze the 
rapid development and deployment of electronic technology-based data 
collection to be used in fisheries management. Such prize shall focus 
on one or more of the following:
            (1) Improved fish species recognition software.
            (2) Confidential data management.
            (3) Cost-effective storage of electronic reports, imagery, 
        location information, and other data.
            (4) Data analysis and visualization.
            (5) Artificial intelligence and machine learning 
        applications for data collection and monitoring.
            (6) Battery storage and energy supply storage at sea.
            (7) Improved internet connectivity onshore and at sea in 
        support of data uploads.
            (8) Bycatch hotspot mapping and adaptive use of protected 
        areas.
            (9) Such other area as the Administrator determines 
        appropriate.
    (f) Advisory Panel for Electronic Technologies Development and 
Deployment.--
            (1) Establishment.--The Secretary shall establish an 
        advisory panel (referred to in this subsection as the 
        ``Advisory Panel'') to inform the Administrator, the Assistant 
        Administrator for Fisheries, and the Regional Fishery 
        Management Councils on developments in the advancement of 
        electronic technologies that can be used in fisheries 
        monitoring, data collection, and management.
            (2) Appointments.--In appointing individuals to the 
        Advisory Panel, the Secretary shall appoint at least 2 members 
        who are electronic technology developers, operators, or 
        providers.
            (3) Summaries.--The Secretary shall publish, on an annual 
        basis, summaries of Advisory Panel discussions, including a 
        summary of best practices and technical guidance to support 
        Regional Fishery Management Councils.
            (4) Recommendations.--Not later than 1 year after the date 
        of enactment of this Act, the Advisory Panel shall make a 
        recommendation to the Secretary regarding the potential value 
        of national performance standards for electronic technologies 
        used in fisheries data collection and management. Such 
        recommendation shall include--
                    (A) an assessment of how the National Marine 
                Fisheries Service and electronic technology developers, 
                operators, and providers could benefit from such 
                performance standards;
                    (B) if the Advisory Panel recommends establishing 
                such performance standards, a recommendation for which 
                factors should be included in such performance 
                standards and how the Secretary should determine the 
                appropriate standards;
                    (C) an assessment of whether such performance 
                standards are likely to spur increased use of 
                electronic technologies by the Regional Fishery 
                Management Councils;
                    (D) an assessment of how such performance standards 
                would impact existing regional or fishery-specific 
                technologies currently in use and recommendations on 
                ensuring continued use or improvement of these 
                technologies if such performance standards are 
                established;
                    (E) a list of knowledge gaps or additional 
                questions the Secretary should consider before 
                publishing such performance standards;
                    (F) recommendations on ensuring cost effectiveness 
                of electronic technologies for fisheries data 
                collection and management;
                    (G) recommendations to address data storage 
                problems of electronic technologies;
                    (H) recommendations on ownership of data collected 
                using electronic technology; and
                    (I) recommendations on policies and procedures to 
                develop and implement electronic technologies for 
                fisheries data collection and management.
            (5) Savings clause.--Nothing in this subsection shall 
        preclude any regional council from independently developing 
        electronic technologies to be used in fisheries data collection 
        and management.

SEC. 403. STOCK ASSESSMENTS.

    Not later than 1 year after the date of enactment of this Act, and 
annually thereafter, the Secretary shall report to the Committee on 
Natural Resources of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate, on the National 
Marine Fisheries Service's progress on prioritizing and improving stock 
assessments. Such report shall--
            (1) summarize the methods used for assessments for all 
        stocks of fish for which a fishery management plan is in effect 
        under the Magnuson-Stevens Fishery Conservation and Management 
        Act (16 U.S.C. 1801 et seq.), and explain which stocks have not 
        been assessed, and why;
            (2) summarize each stock assessment and stock assessment 
        update completed during the preceding year;
            (3) identify each stock assessment that was not completed 
        and explain why such stock assessment was not completed;
            (4) include the schedule for all upcoming stock assessments 
        and stock assessment updates;
            (5) identify data and analysis, that, if available, would 
        reduce uncertainty in and improve the accuracy of future stock 
        assessments, including whether such data and analysis could be 
        provided by fishermen, fishing communities, universities, and 
        research institutions;
            (6) summarize progress on autonomous surveys and identify 
        opportunities to expand new technologies for stock assessments; 
        and
            (7) summarize data gaps that may be a result of changing 
        ocean and climate conditions, and actions taken to address 
        changing assessment needs.

SEC. 404. COOPERATIVE RESEARCH AND MANAGEMENT.

    (a) In General.--Section 318 (16 U.S.C. 1867) is amended--
            (1) in subsection (a), by inserting ``fishing 
        communities,'' after ``data),'';
            (2) by amending subsection (b) to read as follows:
    ``(b) Eligible Projects.--The Secretary shall make funds available 
under the program for the support of cooperative research and 
management projects to address critical needs identified by the 
Councils. Each Council shall provide a list of such needs to the 
Secretary on an annual basis, identifying and prioritizing such needs. 
The program shall promote and encourage efforts to use sources of data 
maintained by other Federal agencies, State agencies, local and 
traditional knowledge, or academia for use in such projects.'';
            (3) by amending subsection (c) to read as follows:--
    ``(c) Priorities.--In making funds available the Secretary shall 
award funding on a competitive basis and based on regional fishery 
management needs, select programs that form part of a coherent program 
of cooperative research or management projects focused on addressing 
priority issues identified by the Councils, and shall give priority to 
the following projects:
            ``(1) Projects to collect data to improve, supplement, or 
        enhance stock assessments, including the use of fishing vessels 
        or acoustic or other marine technology.
            ``(2) Projects to improve fishery dependent data 
        collection, intake, use, and access including--
                    ``(A) to assess the amount and type of bycatch or 
                post-release mortality occurring in a fishery;
                    ``(B) expanding the use of electronic technology 
                and modernizing data management systems; and
                    ``(C) improving monitoring coverage through the 
                expanded use of electronic technology.
            ``(3) Conservation engineering or management projects 
        designed to reduce bycatch, including avoidance of post-release 
        mortality, reduction of bycatch in high seas fisheries, and 
        transfer of such fishing technologies and methods to other 
        nations, or other regional entities, including fishing 
        communities, regional fishery associations, and fishing 
        sectors.
            ``(4) Projects for the identification of habitat areas of 
        particular concern and for habitat conservation.
            ``(5) Projects designed to collect and compile economic and 
        social data for which electronic technologies can be added.
            ``(6) Projects to test and expand electronic technologies 
        for monitoring, reporting, observer coverage, and other 
        functions.
            ``(7) Projects that use electronic technologies to monitor 
        changing ocean conditions, improve methods, support adaptive 
        management, and ensure climate resilient fisheries.
            ``(8) Projects designed to identify the impacts of 
        anticipated changing ocean conditions, including climate 
        change, on fish stocks, fisheries, and fishing communities or 
        designed to develop conservation and management strategies to 
        adapt to those impacts.
            ``(9) Cooperative management projects that make use of data 
        collected under this section.'';
            (4) by redesignating subsections (e) and (f) as subsections 
        (f) and (g), respectively;
            (5) by inserting after subsection (d) the following:
    ``(e) Cooperative Management Agreements.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary, in consultation with the 
        Councils and with input from the public, shall issue guidance 
        to facilitate a transparent, timely, uniform, and regionally 
        based process for the development, oversight, and management of 
        cooperative management agreements.
            ``(2) Process for approval.--The Secretary may use the 
        process developed pursuant to (d) to approve cooperative 
        management agreements as if such agreements are cooperative 
        fishing agreements.
            ``(3) Performance standards.--An agreement authorized by 
        this subsection shall be subject to performance standards and 
        accountability measures specified in a fishery management plan 
        or otherwise established by the Secretary, in consultation with 
        the Councils, and shall not allow catch in excess of annual 
        catch limits or bycatch in excess of bycatch caps or limits.
            ``(4) Pre-existing agreements.--This subsection shall not 
        apply to a cooperative management agreement submitted to, 
        proposed by or approved by the Secretary before the date of 
        enactment of this Act.''; and
            (6) by adding at the end the following:
    ``(g) Public Report of Data.--With respect to any cooperative 
research project funded or experimental fishing permit issued under 
this section, the appropriate Council shall publish a report of results 
and data generated by such project or under such permit.
    ``(h) Progress Report.--Not later than 180 days after the date of 
enactment of this Act, the Assistant Administrator for Fisheries shall 
provide a report to Congress on progress in implementing the 
recommendations of the Cooperative Research and Cooperative Management 
Working Group report entitled `NOAA Technical Memorandum NMFS-F/SPO-
156' and published in August 2015 and on the development and 
implementation of any subsequent recommendations by such Working 
Group.''.
    (b) Section 2(a)(8) is amended by inserting ``Fisheries management 
is most effective when it uses the best scientific information 
available, and incorporates such information from governmental and 
nongovernmental sources, including State and Federal agency staff, 
fishermen, fishing communities, universities, nonprofit organizations, 
local and traditional knowledge from Tribes, Indigenous communities, 
and subsistence fishermen, and research institutions. Scientific and 
statistical committees should consider such information when seeking 
the best scientific information available to form the basis of 
conservation and management.'' after ``States''.

SEC. 405. NORTHEAST REGIONAL PILOT RESEARCH TRAWL SURVEY AND STUDY.

    (a) Industry-Based Pilot Study.--Not later than 1 year after the 
date of enactment of this Act, the Secretary shall, in coordination 
with the relevant Councils selected by the Secretary and the Northeast 
Area Monitoring and Assessment Program, develop a fishing industry-
based Northeast regional pilot research trawl survey and study to 
enhance and provide improvement to current National Oceanic and 
Atmospheric Administration vessel trawl surveys.
    (b) Components.--Under the pilot survey and study--
            (1) the Secretary--
                    (A) may select fishing industry vessels to 
                participate in the study by issuing a request for 
                procurement;
                    (B) may use the Northeast Area Monitoring and 
                Assessment Program Southern New England/Mid-Atlantic 
                Nearshore Trawl Survey or another methodology selected 
                in partnership with the National Marine Fisheries 
                Service Northeast Fisheries Science Center and the 
                Virginia Institute of Marine Science as a model for the 
                pilot survey;
                    (C) shall outfit participating vessels with a peer-
                reviewed net configuration; and
                    (D) shall ensure the pilot study uses a 
                statistically valid sampling method and spatial 
                coverage that allows for comparison with results from 
                the National Oceanic and Atmospheric Administration 
                trawl surveys; and
            (2) the National Marine Fisheries Service Northeast 
        Fisheries Science Center shall, in partnership with the 
        selected Councils and the Virginia Institute of Marine Science, 
        collect data for 5 years.
    (c) Report.--Upon completion of the pilot survey and study, the 
Secretary and the selected Councils shall submit a detailed report on 
the results of the pilot survey and study to the Committee on Natural 
Resources of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate.

SEC. 406. RECREATIONAL DATA CONSISTENCY.

    (a) In General.--Section 305 (16 U.S.C. 1855) is amended by adding 
at the end the following:
    ``(l) Recreational Data Improvement.--Not later than 2 years after 
the date of enactment of the Sustaining America's Fisheries for the 
Future Act of 2021, the Secretary shall establish guidelines for 
recreational catch data, which shall include the development of data 
standards to improve timeliness, accuracy, precision and validation of 
data produced by recreational surveys in order to facilitate the use of 
such data in assessments, for use in management actions, and for other 
uses as applicable. The Secretary's guidelines shall consider the 
relevant recommendations developed under section 404(e), subsections 
(g)(4)(C) and (h) of section 401, and section 201(b) of the Modernizing 
Recreational Fisheries Management Act of 2018 (16 U.S.C. 1881 note). If 
recreational catch data for a stock of fish come from more than one 
survey program, such as Federal and non-Federal sources, including from 
States or Marine Fisheries Commissions, the Secretary shall implement 
measures, which may include the use of calibration methods, as needed 
for the timely integration of such data to ensure consistent methods 
and approaches are used for monitoring of catch against the relevant 
annual catch limits and for other fishery science and management 
purposes.''.
    (b) Recreational Data Improvement Program.--Title IV is amended by 
adding at the end the following:

``SEC. 409. RECREATIONAL DATA IMPROVEMENT PROGRAM.

    ``(a) In General.--The Secretary shall initiate and maintain a 
comprehensive program to implement the requirements and associated 
guidelines in section 305(l). In executing the program, the Secretary 
shall coordinate with programs established in subsection 401(g) and 
promote collaboration with State and Federal partners.
    ``(b) Strategic Plan.--Not later than one year after the date of 
enactment of the Sustaining America's Fisheries for the Future Act of 
2021, and not less frequently than once every 5 years thereafter, the 
Secretary shall develop and publish in the Federal Register a strategic 
plan for recreational data improvements for the 5 years immediately 
following such publication. The plan shall--
            ``(1) improve coordination between Federal programs that 
        implement recreational fishing surveys and other data from non-
        Federal sources, including data from States or Marine Fisheries 
        Commissions;
            ``(2) improve the timeliness, accuracy, precision, and 
        validation of data produced by surveys;
            ``(3) describe processes to calibrate data sources with 
        historical time series data prior to being used for management;
            ``(4) develop methods to integrate recreational data 
        collected from more than one source for use in assessments;
            ``(5) create goals, objectives, and timeframes for 
        achievement of paragraphs (1) through (4);
            ``(6) consider the use and effectiveness of experimental 
        fishing permits to carry out such research; and
            ``(7) describe the role of fishery participants in the 
        program. In developing the strategic plan and subsequent plans, 
        the Secretary shall cooperate with the Councils and affected 
        States, provide for coordination with the Councils, affected 
        States, and other research and data collection entities, and 
        allow for public input.
    ``(c) Areas of Research.--In initiating and maintaining the 
program, the Secretary shall prioritize research and improvement in the 
following areas:
            ``(1) Development of data standards and validation 
        processes for survey programs collecting data on recreational 
        fishing catch and effort, including those produced by State 
        agencies and considered integral or supplemental to Federal 
        surveys.
            ``(2) Research to understand how surveys of recreational 
        fishing can more effectively account for differences in fishing 
        rate and effort, including among fishermen who use private or 
        public access points, and fishermen who are State residents or 
        non-residents.
            ``(3) Methods and policies to improve the estimation of 
        discards in recreational fisheries, including estimation of 
        discarded fish both during and outside of fishing seasons.
            ``(4) To improve understanding of best practices for 
        minimizing discard mortality as well as estimation of adoption 
        rates of such practices by fishermen.
            ``(5) To assess changes in discard mortality estimates when 
        best fishing practices are adequately and verifiably applied.
            ``(6) Research on how the use of electronic applications 
        can be used to collect data in recreational fisheries, 
        including spatial information, depth, discard rate and 
        disposition, release method, and socioeconomic information, 
        while meeting data and validation standards.
            ``(7) Research on how electronic technologies can most 
        effectively be incorporated into survey designs.
            ``(8) Research of methods to integrate recreational catch 
        data from more than one survey source for use in assessments.
            ``(9) The use of approaches to improve recreational data, 
        including the use of tag and endorsement measures to fund such 
        data improvement, stock-wide regional effort surveys, and 
        species-specific oversampling.
    ``(d) Public Notice.--In developing the plan required under 
subsection (b), the Secretary shall consult with relevant Federal, 
State, and international agencies, scientific and technical experts, 
and other interested persons, public and private, and shall publish a 
proposed plan in the Federal Register for the purpose of receiving 
public comment on the plan. Upon final publication in the Federal 
Register, the plan shall be submitted by the Secretary to the Committee 
on Commerce, Science, and Transportation of the Senate and the 
Committee on Natural Resources of the House of Representatives.''.

SEC. 407. EMERGENCY OPERATING PLANS.

    (a) In General.--The Administrator, not later than 1 year after the 
date of enactment of this Act and in consultation with the Fishery 
Management Councils, relevant Federal, State, and international 
agencies, scientific and technical experts, and interested 
stakeholders, shall develop a contingency plan for circumstances that 
would make fisheries monitoring, including human observation, and stock 
assessments impractical.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Administrator shall submit a report to Congress on the 
contingency plan developed under subsection (a).

SEC. 408. ZEKE GRADER FISHERIES CONSERVATION AND MANAGEMENT FUND.

    (a) In General.--Section 208 of the Magnuson-Stevens Fishery 
Conservation and Management Reauthorization Act of 2006 (16 U.S.C. 
1891b) is amended--
            (1) in the section heading, by inserting ``zeke grader'' 
        before ``fisheries conservation and management fund'';
            (2) in subsection (a), by inserting ``Zeke Grader'' before 
        ``Fisheries Conservation and Management Fund''; and
            (3) in subsection (c), by striking ``Fishery Conservation 
        and Management Fund'' each place such term appears and 
        inserting ``Zeke Grader Fisheries Conservation and Management 
        Fund''.
    (b) Adaptation for Climate Change.--Section 208(b) (16 U.S.C. 
1891b(b)) is amended--
            (1) in paragraph (6), by striking ``and'';
            (2) in paragraph (7), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(8) conducting research and analysis to prepare and adapt 
        fisheries and fishing communities to the effects of climate 
        change.''.
    (c) Allocation.--Section 208(d) (16 U.S.C. 1891b(d)) is amended to 
read as follows:
    ``(d) Allocation.--
            ``(1) In general.--Except as provided in paragraphs (2) and 
        (3), the Secretary shall, every 2 years, apportion amounts from 
        the Fund among the 8 Council regions according to 
        recommendations of the Councils, based on regional priorities 
        identified through the Council process.
            ``(2) Minimum allocation.--In the case of amounts deposited 
        in the Fund pursuant to subsection (c)(2), unless specified 
        otherwise, the Secretary shall allocate not less than 5 percent 
        of the Fund in each allocation period to each region.
            ``(3) Specifically apportioned funds.--The Secretary may 
        apportion amounts from the Fund to a specific project or region 
        if such amounts were identified by the Council that designated 
        such amounts for inclusion in the Fund under subsection (c)(1), 
        or by the appropriation Act, State, public source, or nonprofit 
        or organization from which they were received under subsection 
        (c)(2), as being deposited for that specific project or 
        region.''.
    (d) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the ``Fisheries 
Conservation and Management Fund'' is deemed to be a reference to the 
``Zeke Grader Fisheries Conservation and Management Fund''.
    (e) Clerical Amendment.--The table of contents for the Magnuson-
Stevens Fishery Conservation and Management Reauthorization Act of 2006 
(Public Law 109-479) is amended by striking the item relating to 
section 208 and inserting the following:

``Sec. 208. Zeke Grader Conservation and Management Fund.''.

SEC. 409. OFFSHORE WIND COLLABORATION.

    The Secretary and the Secretary of the Interior, acting through the 
Bureau of Ocean Energy Management, shall enter into a cooperative 
agreement to fund such additional stock assessments and fisheries and 
marine wildlife research as may be necessary as a result of actions by 
such Bureau related to the development of offshore wind energy.

 TITLE V--SUSTAINING FISHERIES THROUGH HEALTHY ECOSYSTEMS AND IMPROVED 
                               MANAGEMENT

SEC. 501. SENSE OF CONGRESS.

    It is the sense of Congress that protection of essential fish 
habitat ensures healthy and resilient fisheries and marine ecosystems, 
particularly as oceans conditions shift due to climate change, and that 
impacts from both fishing gear and non-fishing activities should be 
considered through consistent application of essential fish habitat 
provisions under the Magnuson-Stevens Fishery Conservation and 
Management Act.

SEC. 502. ESSENTIAL FISH HABITAT CONSULTATION.

    (a) In General.--Section 305(b) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1855(b)) is amended--
            (1) in subparagraph (D), by inserting ``and such agencies 
        shall take action'' after ``agencies'';
            (2) by striking paragraphs (2), (3), and (4); and
            (3) by adding at the end the following:
            ``(2) Consultations regarding federal agency action with 
        adverse effects on essential fish habitat.--
                    ``(A) Requirement to avoid or mitigate adverse 
                effects.--With respect to any Federal agency action 
                that may have an adverse effect on--
                            ``(i) essential fish habitat, each Federal 
                        agency shall, in consultation with the 
                        Secretary, ensure that any action authorized, 
                        funded, or undertaken by such agency avoids the 
                        adverse effect of such action on essential fish 
                        habitat or, to the extent that the adverse 
                        effect cannot be avoided, the agency shall 
                        minimize and mitigate the adverse effect; and
                            ``(ii) a habitat area of particular 
                        concern, each Federal agency shall, in 
                        consultation with the Secretary--
                                    ``(I) monitor or require monitoring 
                                for possible adverse effects;
                                    ``(II) take action to minimize and 
                                mitigate any adverse effect of the 
                                action on--
                                            ``(aa) the habitat area of 
                                        particular concern;
                                            ``(bb) the species for with 
                                        respect to which the habitat 
                                        area of particular concern is 
                                        designated; and
                                            ``(cc) for the entire 
                                        period during which such 
                                        adverse effects are likely to 
                                        occur; and
                                    ``(III) evaluate the effectiveness 
                                of measures described in subclause (II) 
                                and report the results of such 
                                evaluation to the Secretary annually.
                    ``(B) Considerations.--In consulting with a Federal 
                agency under subparagraph (A) for projects seeking to 
                restore and improve the long-term resilience of 
                habitat, particularly in estuarine environments heavily 
                impacted by sea level rise and other climate change 
                factors, the Secretary shall account for the 
                consequences of not pursuing such restoration and 
                habitat resilience projects and the long-term positive 
                impacts on fish populations of such activities.
                    ``(C) Regulations.--The Secretary shall establish 
                regulations for the consultation process required by 
                subparagraph (A), including to ensure that 
                recommendations made by the Secretary pursuant to such 
                subparagraph would result in the avoidance, if 
                possible, of adverse effects on essential fish habitat 
                and, if avoidance is not possible, the minimization and 
                mitigation of any such adverse effects.
            ``(3) Information to council.--The Secretary shall inform 
        each Council that has authority over an affected fishery of any 
        consultation carried out under paragraph (2), including 
        information on the proposed action and any potential adverse 
        effects, and each such Council--
                    ``(A) may comment on and make recommendations to 
                the Secretary and any Federal or State agency 
                concerning the underlying action if, in the view of the 
                Council, such action may affect the habitat of a 
                fishery resource under the authority of such Council; 
                and
                    ``(B) shall comment on and make recommendations to 
                the Secretary and any Federal or State agency 
                concerning the underlying action if, in the view of the 
                Council, such action is likely to adversely affect the 
                habitat of an anadromous fishery resource under the 
                authority of such Council.
            ``(4) Information from other sources.--
                    ``(A) Receipt of information.--If the Secretary 
                receives information from any source and determines 
                that an action taken, funded, or authorized or proposed 
                to be taken, funded, or authorized by a State or 
                Federal agency may have an adverse effect on an 
                essential fish habitat identified under this Act, the 
                Secretary shall recommend to such agency measures that 
                avoid such adverse effects and to the extent the 
                adverse effects cannot be avoided, minimize and 
                mitigate such adverse effects.
                    ``(B) Required response.--Not later than 30 days 
                after receiving a recommendation under subparagraph 
                (A), a Federal, State, or local agency shall provide a 
                detailed response in writing to any Council comment 
                under paragraph (3) and the Secretary regarding the 
                matter. The response shall include a description of 
                measures proposed by the agency for avoiding the 
                adverse effects, or to the extent the adverse effects 
                cannot be avoided, mitigating the adverse effects of 
                the action on such essential fish habitat. In the case 
                of a response that is inconsistent with the 
                recommendations of the Secretary, the Federal agency 
                shall explain how the alternative measures proposed 
                will avoid the adverse effects of such action on 
                essential fish habitat or, to the extent that adverse 
                effects cannot be avoided, minimize and mitigate the 
                adverse effects.
                    ``(C) Publication.--The Secretary shall make 
                available to the public--
                            ``(i) any recommendation made under 
                        subparagraph (A) on the date on which such 
                        recommendation is made; and
                            ``(ii) any response made by an agency under 
                        subparagraph (B) on the date on which such 
                        response is received.
                    ``(D) Monitoring.--The Secretary shall monitor 
                measures taken by each Federal agency to meet the 
                requirements of this subsection.
                    ``(E) Report to congress.--Not later than 5 years 
                after the date of the enactment of the Sustaining 
                America's Fisheries for the Future Act of 2021 and not 
                less frequently than every 5 years thereafter, the 
                Secretary shall submit a report--
                            ``(i) describing the effectiveness of 
                        measures taken by the Secretary to ensure the 
                        conservation and enhancement of essential fish 
                        habitat; and
                            ``(ii) identifying opportunities for 
                        partnerships between the National Oceanic and 
                        Atmospheric Administration, in consultation 
                        with other Federal agencies, State agencies, 
                        and non-Federal partners to enhance data 
                        collection, research, and monitoring of 
                        essential fish habitat.''.
    (b) Contents of Fishery Management Plans.--Section 303(a)(7) (16 
U.S.C. 1853(a)(7)) is amended to read as follows:
            ``(7) describe and identify--
                    ``(A) essential fish habitat for the fishery based 
                on the guidelines established by the Secretary under 
                section 305(b)(1)(A), minimize adverse effects on 
                essential fish habitat caused by fishing, and identify 
                other actions to encourage the conservation and 
                enhancement of essential fish habitat; and
                    ``(B) habitat areas of particular concern based on 
                the guidelines established by the Secretary under 
                section 305(b)(1)(A), avoid adverse effects on such 
                habitat caused by fishing, monitor efficacy of actions 
                to avoid adverse effects, and identify other actions to 
                encourage the conservation and enhancement of such 
                habitat;''.
    (c) Purpose.--Section 2(b)(7) (16 U.S.C. 1801(b)(7)) is amended by 
striking ``in the review of projects'' and inserting ``from adverse 
effects caused by fishing and from projects''.
    (d) Habitat Areas of Particular Concern.--Section 3 (16 U.S.C. 
1802) is amended--
            (1) by redesignating paragraph (1) as paragraph (1A);
            (2) by inserting before paragraph (1A), as redesignated, 
        the following:
            ``(1) Adverse effect.--The term `adverse effect' means, 
        with respect to essential fish habitat, any impact that reduces 
        the quality or quantity of essential fish habitat.''; and
            (3) by inserting after paragraph (19) the following:
            ``(19A) Habitat areas of particular concern.--The term 
        `habitat areas of particular concern' means specific types or 
        areas of habitat that are part of or within essential fish 
        habitat that--
                    ``(A) provide important ecological function, 
                including for maintaining and restoring the biomass, 
                demographic, spatial and genetic characteristics of 
                fish populations;
                    ``(B) are sensitive to human-induced environmental 
                degradation;
                    ``(C) are or will be significantly stressed by 
                human activities;
                    ``(D) due to prevailing or anticipated future 
                environmental conditions, are or may become important 
                to the health of managed species; or
                    ``(E) are rare.''.

SEC. 503. REDUCING BYCATCH.

    (a) Minimizing Bycatch.--
            (1) National standards for fishery conservation and 
        management.--Section 301(a)(9) (16 U.S.C. 1851(a)(9)) is 
        amended to read as follows:
            ``(9) Conservation and management measures shall--
                    ``(A) minimize bycatch; and
                    ``(B) to the extent bycatch cannot be avoided, 
                minimize the mortality of such bycatch.''.
            (2) Contents of fishery management plans.--Section 303 (16 
        U.S.C. 1853) is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (5), by inserting 
                        ``quantification of bycatch,'' after 
                        ``hauls,''; and
                            (ii) in paragraph (11), by striking ``to 
                        the extent practicable and''; and
                    (B) in subsection (b)--
                            (i) in paragraph (12), by striking ``and'' 
                        at the end; and
                            (ii) by inserting after paragraph (12) the 
                        following:
            ``(13) consider full retention requirements for species 
        with high catch mortality rates; and''.
            (3) Action by the secretary.--Section 304 (16 U.S.C. 1854) 
        is amended--
                    (A) by redesignating the second subsection (i) as 
                subsection (j); and
                    (B) by adding at the end the following:
    ``(k) Standardized Bycatch Reporting Program.--
            ``(1) Establishment.--Not later than 2 years after the date 
        of enactment of the Sustaining America's Fisheries for the 
        Future Act of 2021, the Secretary shall establish a national 
        standardized reporting program (referred to in this subsection 
        as `the program') to assess the amount and type of bycatch 
        occurring in each fishery and across fisheries, determine the 
        contribution of bycatch to the total fishing-related mortality 
        of each fishery, and evaluate the effects of bycatch on 
        relevant fisheries and the ecosystem.
            ``(2) Methodology and standards.--The Secretary shall, 
        acting through the program--
                    ``(A) identify appropriate methodologies and 
                standards for collecting and producing statistically 
                accurate and precise information regarding bycatch; and
                    ``(B) require consistent data reporting, 
                collection, and assessment for all fisheries managed 
                under fishery management plans.
            ``(3) Multiple jurisdictions.--In a case in which a species 
        is caught in areas under the jurisdiction of more than one 
        Council or fishery management plan, the Secretary shall require 
        consistent reporting mechanisms across jurisdictions to ensure 
        that data can be aggregated and compared.
            ``(4) Coordination with states.--The Secretary shall 
        coordinate with State fishery managers to carry out paragraph 
        (3).''.
    (b) Bycatch Reduction Engineering Program.--
            (1) In general.--Section 316(a) (16 U.S.C. 1865(a)) is 
        amended by striking paragraphs (3) and (4) and inserting the 
        following:
            ``(3) provide information, outreach, technical assistance, 
        and training to Councils, Tribes, and fishery participants that 
        will encourage adoption and use of technologies and methods 
        developed under the program; and
            ``(4) provide for routine consultation with the Councils in 
        order to maximize opportunities to incorporate results of the 
        program in Council actions and provide incentives for adoption 
        of technologies and methods developed under the program in 
        fishery management plans, actions, and other measures developed 
        by the Councils or the Secretary.''.
            (2) Frequency of report.--Section 316(d) (16 U.S.C. 
        1865(d)) is amended--
                    (A) by striking ``transmit an annual report'' and 
                inserting ``, not less frequently than once every 3 
                years, transmit a report'';
                    (B) in paragraph (2), by striking ``and'' at the 
                end;
                    (C) in paragraph (3), by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(4) includes a cumulative description of all bycatch 
        reduction technologies and methods developed, tested, or 
        supported by the Bycatch Reduction Engineering Program, an 
        assessment of the effectiveness of those techniques, a summary 
        on how and in which fisheries those techniques have been fully 
        implemented and to what degree, and, if those techniques have 
        not been implemented into fishery management, an explanation 
        for why those techniques have not been used and an estimate of 
        the reduction of bycatch that could be achieved if those 
        techniques were implemented.''.

SEC. 504. IMPROVING REBUILDING OUTCOMES.

    Section 304(e) (16 U.S.C. 1854(e)) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) The Secretary shall report annually to the Congress 
        and the Councils on the status of fisheries within each 
        Council's geographical area of authority. In this report, the 
        Secretary shall do the following:
                    ``(A) Identify those fisheries that are subject to 
                overfishing, are depleted, or are approaching a 
                condition of being depleted. For those fisheries 
                managed under a fishery management plan or 
                international agreement, the status shall be determined 
                using the criteria for overfishing and depleted status 
                specified in such plan or agreement. For stocks that 
                lack criteria as required under Sec 303(a)(10), the 
                Secretary shall determine whether the stock is depleted 
                or subject to overfishing using the best available 
                scientific information. A fishery shall be classified 
                as approaching a condition of being depleted if, based 
                on trends in fishing effort, fishery resource size, and 
                other appropriate factors, the Secretary estimates that 
                the fishery will become depleted within 2 years.
                    ``(B) Identify those stocks that are under a 
                rebuilding plan or in need of a rebuilding plan (as 
                specified by this section), including specifying the 
                number of years the stock has been in a rebuilding 
                plan, the length in years of the stock's current 
                rebuilding plan, the number of rebuilding plans that 
                have been implemented for the stock, and whether a lack 
                of adequate progress toward ending overfishing and 
                rebuilding has been found for the stock.'';
            (2) by amending paragraph (2) to read as follows:
            ``(2) If the Secretary determines at any time that a 
        fishery is subject to overfishing, is depleted, or is 
        approaching a depleted status, the Secretary shall immediately 
        notify the appropriate Council and request that action be 
        taken--
                    ``(A) to end overfishing in the fishery immediately 
                and prevent overfishing in the fishery;
                    ``(B) for stocks that are depleted, to end 
                overfishing immediately in the fishery and to implement 
                conservation and management measures to rebuild 
                affected stocks of fish; or
                    ``(C) for stocks that are approaching a depleted 
                condition, to end overfishing in the fishery 
                immediately and prevent the stock from reaching a 
                depleted condition.
        The Secretary shall publish each notice under this paragraph in 
        the Federal Register.'';
            (3) by amending paragraph (3) to read as follows:
            ``(3) Not later than 2 years after the date on which a 
        fishery is newly identified as or determined to be depleted or 
        approaching a depleted condition under paragraph (1)(A) or 
        paragraph (2), a fishery's rebuilding plan has been found to 
        have failed under paragraph (7)(C), or a fishery reaches the 
        end of the time period for rebuilding pursuant to paragraph 
        (8), the appropriate Council (or the Secretary, for fisheries 
        under section 302(a)(3)) shall prepare and implement a fishery 
        management plan, plan amendment, or proposed regulations for 
        the fishery to which the identification or notice applies--
                    ``(A) for stocks that are depleted, to end 
                overfishing immediately in the fishery and to rebuild 
                affected stocks of fish; or
                    ``(B) for stocks that are approaching a depleted 
                condition, to end overfishing immediately and prevent 
                the stock from reaching a depleted condition.'';
            (4) in paragraph (4)--
                    (A) by amending subparagraph (A)(ii) to read as 
                follows:
                            ``(ii) not exceed the time the stock of 
                        fish would be rebuilt without fishing occurring 
                        plus one mean generation, unless management 
                        measures under an international agreement in 
                        which the United States participates dictate 
                        otherwise;'';
                    (B) in subparagraph (B), by striking ``and'' at the 
                end;
                    (C) in subparagraph (C), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following:
                    ``(D) contain objective and measurable criteria for 
                evaluating rebuilding progress.'';
            (5) by amending paragraph (5) to read as follows:
            ``(5) If, during the 2-year period beginning on the date of 
        identification or notification, the Council does not submit to 
        the Secretary a fishery management plan, plan amendment, or 
        proposed regulations required by paragraph (3), the Secretary 
        shall prepare under subsection (c) not later than 6 months 
        after the end of such 2-year period, a fishery management plan 
        or plan amendment and any accompanying regulations to, for 
        stocks that are depleted, end overfishing immediately and 
        rebuild affected stocks of fish, or, for stocks that are 
        approaching an depleted condition, to end overfishing 
        immediately and prevent the stock from reaching an depleted 
        condition.'';
            (6) by amending paragraph (7) to read as follows:
            ``(7)(A) The Secretary shall review any fishery management 
        plan, plan amendment, or regulations required by this 
        subsection at routine intervals that may not exceed 2 years to 
        determine whether such plan, amendment, or regulations have 
        resulted in adequate progress toward rebuilding affected fish 
        stocks. The Secretary shall find a lack of adequate progress 
        toward rebuilding an affected fish stock if--
                    ``(i) the status of the stock is not improving 
                sufficiently such that it becomes unlikely that the 
                stock will be rebuilt within the rebuilding time 
                period;
                    ``(ii) the applicable fishing mortality rate or 
                annual catch limits are exceeded, and the causes and 
                rebuilding consequences of such exceedances have not 
                been corrected;
                    ``(iii) new scientific information demonstrates 
                that assumptions regarding the stock's biology that 
                formed the basis for the rebuilding plan, such as stock 
                productivity, were fundamentally inaccurate, and such 
                inaccuracies render the current rebuilding plan unable 
                to address the stock's rebuilding needs; or
                    ``(iv) for other reasons, as appropriate.
            ``(B) If, as a result of the review, the Secretary finds 
        that such plan, amendment, or regulations have not resulted in 
        adequate progress toward rebuilding affected fish stocks, the 
        Secretary shall--
                    ``(i) in the case of a fishery to which section 
                302(a)(3) applies, immediately make revisions necessary 
                to achieve adequate progress toward rebuilding by the 
                deadline established under paragraph (4); or
                    ``(ii) for all other fisheries, immediately notify 
                the appropriate Council, which must make revisions 
                necessary to achieve adequate progress toward 
                rebuilding by not later than the deadline established 
                under paragraph (4). If the Council fails to take such 
                action by the date that is 9 months after the date of 
                such notification, the Secretary shall, not later than 
                15 months after such date, make such revisions as are 
                needed to ensure adequate progress toward rebuilding by 
                not later than the deadline established under paragraph 
                (4).
            ``(C) If, as a result of the review, the Secretary finds 
        that revisions pursuant to subparagraph (B) cannot achieve 
        adequate progress within the time period set under paragraph 
        (4), the Secretary may find that the rebuilding plan has 
        failed. Upon such a finding, the Council (or the Secretary in 
        the case of a stock to which section 302(a)(3) applies) shall 
        prepare and implement a new rebuilding plan pursuant to the 
        requirements in paragraph (8).
            ``(D) The Secretary shall publish the results of a review 
        performed under this paragraph in the Federal Register, 
        including a determination of adequate progress or lack of 
        adequate progress, and the basis for such determination.''; and
            (7) by adding at the end the following:
            ``(8) If the time period established under a plan, 
        amendment, or regulations pursuant to this subsection expires, 
        or the Secretary determines that an existing rebuilding plan 
        has failed under paragraph (7)(C), but relevant stock has not 
        rebuilt, the Council (or Secretary in the case of a stock to 
        which section 302(a)(3) applies) shall prepare a new rebuilding 
        plan pursuant to paragraphs (3) through (6) of this subsection, 
        except that such plan shall have no less than a 75 percent 
        chance of rebuilding the fishery by the end of the new time 
        period set under paragraph (4). Management measures intended to 
        rebuild the stock shall remain in effect during such 
        preparation of a rebuilding plan.''.

SEC. 505. DEPLETED FISHERIES AND PREVENTING OVERFISHING.

    (a) Depleted Fisheries.--
            (1) Definition.--Section 3 (16 U.S.C. 1802) is amended by 
        inserting after paragraph (8) the following:
            ``(8A) Depleted.--
                    ``(A) Definition.--The term `depleted' means, with 
                respect to a stock or stock complex, that its biomass 
                has declined below the level at which the capacity of 
                the stock or stock complex to produce maximum 
                sustainable yield on a continuing basis is jeopardized. 
                A depleted condition may be caused by numerous factors, 
                alone or in combination, such as fishing effort, 
                habitat loss, ecosystem changes or climate change, 
                overfishing, inadequate forage, or other 
                characteristics of or stressors on the stock or stock 
                complex.
                    ``(B) Inclusion of case law.--The term `depleted' 
                has the meaning given to the term `overfished' by this 
                section before the date of enactment of the Sustaining 
                America's Fisheries for the Future Act of 2021 for the 
                purposes of determining the application of any court 
                precedent issued before such date.''.
            (2) Substitution.--The Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1801 et seq.) is 
        amended--
                    (A) in section 3 (16 U.S.C. 1802), by amending 
                paragraph (34) to read as follows:
            ``(34) Overfishing.--The term `overfishing' means a rate or 
        level of fishing mortality that jeopardizes the capacity of a 
        fishery to produce the maximum sustainable yield on a 
        continuing basis.'';
                    (B) by striking the term ``overfished'' each place 
                such term appears and inserting ``depleted'';
                    (C) in the heading of subsection (e) of section 
                304, by striking ``Overfished'' and inserting 
                ``Depleted''.
            (3) References in this act.--The provisions of this Act and 
        the amendments made by this Act are not intended to alter the 
        legal mandate to prevent depletion of fisheries and to rebuild 
        depleted fisheries upon determination of their depleted status, 
        which includes among other things ending or curtailing fishing 
        while the fishery rebuilds.
    (b) Information Provided by Scientific and Statistical 
Committees.--Section 302(g)(1) (16 U.S.C. 1852(g)(1)) is amended--
            (1) in subparagraph (A), by inserting ``ecological,'' after 
        ``social''; and
            (2) by amending subparagraph (B) to read as follows:
                    ``(B) Each scientific and statistical committee 
                shall provide the appropriate Council with ongoing 
                scientific advice for fishery management decisions, 
                including--
                            ``(i) recommendations for accounting for 
                        all sources of mortality in establishing 
                        management measures, for the acceptable 
                        biological catch levels, for preventing 
                        overfishing, for maximum sustainable yield, and 
                        for achieving rebuilding targets and promoting 
                        resilience of fish stocks to climate change;
                            ``(ii) objective and measurable criteria 
                        for determining whether a stock is depleted or 
                        experiencing overfishing; and
                            ``(iii) reports on stock status and health, 
                        sources of mortality, bycatch, habitat status, 
                        social, ecological, and economic impacts of 
                        management measures, and sustainability of 
                        fishing practices, and prevailing and 
                        anticipated future impacts of climate change on 
                        fish stocks, fishing communities, and fishery 
                        sectors.''.
    (c) Minimum Required Precautionary Standard.--Section 303(a)(10) 
(16 U.S.C. 1853(a)(10)) is amended by inserting ``, which may not be 
less precautionary than the recommendation of the scientific and 
statistical committees for such fishery,'' before ``and,''.
    (d) Technical Correction.--Section 301 of the Modernizing 
Recreational Fisheries Management Act of 2018 (16 U.S.C. 1801 note) is 
amended to read as follows:

``SEC. 301. RULE OF CONSTRUCTION.

    ``Nothing in this Act, including the amendment made by section 
102(a)(3), shall be construed as modifying the requirements of sections 
301(a), 302(h)(6), 303(a)(15), or 304(e) of the Magnuson-Stevens 
Fishery Conservation and Management Act, or the equal application of 
such requirements and other standards and requirements under the 
Magnuson-Stevens Fishery Conservation and Management Act to commercial, 
charter, and recreational fisheries, including each component of mixed-
use fisheries.''.

SEC. 506. PREPARATION AND REVIEW OF SECRETARIAL PLANS.

    Section 304(c)(1) (16 U.S.C. 1854(c)) is amended--
            (1) by striking ``may'' and inserting ``shall'';
            (2) in subparagraph (A), by inserting ``not to exceed 180 
        days'' after ``time'';
            (3) in subparagraph (B), by inserting ``not later than 180 
        days after the disapproval'' before the semicolon; and
            (4) by adding at the end the following:
``Not later than 30 days before the last day of a time period 
established in subparagraph (B) or (C), the Secretary shall provide 
written notification to the affected Council that if such Council does 
not fulfill the requirements described in such subparagraph, the 
Secretary shall issue a Secretarial plan.''.

SEC. 507. COUNCILS.

    Section 302(h) (16 U.S.C. 1852(h)) is amended--
            (1) in paragraph (5), by striking ``and'' at the end;
            (2) in paragraph (7)--
                    (A) by redesignating subparagraphs (B) and (C) as 
                subparagraphs (C) and (D), respectively; and
                    (B) by inserting after subparagraph (A) the 
                following:
                    ``(B) prioritize fisheries and habitats 
                experiencing or expected to experience shifts in 
                geographic range, spatial distribution, or 
                productivity;'';
            (3) by redesignating paragraphs (8) and (9) as paragraphs 
        (11) and (13), respectively; and
            (4) by inserting after paragraph (7) the following:
            ``(8) approve, for each of its managed stocks, objective 
        and measurable criteria for identifying whether the stock is 
        depleted or experiencing overfishing, which may not be less 
        precautionary than the recommendation of its scientific and 
        statistical committee;
            ``(9) develop and implement a plan to protect essential 
        fish habitat in the region of the Council from adverse effects 
        caused by fishing that shall include--
                    ``(A) quantitative and measurable targets and goals 
                for increasing quality, quantity, and 
                representativeness of essential fish habitat; and
                    ``(B) conservation and management measures to 
                implement the plan;
            ``(10) at routine intervals not less frequently than every 
        7 years and based on scientific evidence or other relevant 
        information, review habitat protection plans developed under 
        paragraph (9) by such Council and each designation of essential 
        fish habitat and habitat areas of particular concern under 
        section 303(a)(7) by such Council, and amend such Council's 
        fishery management plans as necessary and appropriate;''.

SEC. 508. FORAGE FISH CONSERVATION.

    (a) Secretary To Define Forage Fish.--Section 305 (16 U.S.C. 1855) 
is further amended by adding at the end the following:
    ``(m) Forage Fish.--Not later than 6 months after the date of 
enactment of the Sustaining America's Fisheries for the Future 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 further amended--
            (1) by inserting after paragraph (18) the following:
            ``(18A) Forage fish.--The term `forage fish'--
                    ``(A) has the meaning given the term by the 
                Secretary under section 305(m); 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.''; and
            (2) in paragraph (33)--
                    (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.''.
    (c) Scientific Advice.--Section 302(g)(1)(B) (16 U.S.C. 
1852(g)(1)(B)) is further amended by adding at the end the following:
                            ``(iv) maintaining a sufficient abundance, 
                        diversity, and localized distribution of forage 
                        fish populations to support the role of such 
                        populations in marine ecosystems.''.
    (d) Council Functions.--
            (1) Research priorities.--Section 302(h)(7) (16 U.S.C. 
        1852(h)(7)) is further amended by inserting ``forage fish 
        populations and distribution,'' after ``habitats,''.
            (2) Unmanaged forage fish.--Section 302(h) (16 U.S.C. 
        1852(h)) is further amended by inserting after paragraph (11) 
        the following:
            ``(12) 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''.
            (3) Effective date.--The amendments made by subsections (a) 
        and (b) shall take effect 2 years after the date of enactment 
        of this Act.
    (e) Contents of Fishery Management Plans.--
            (1) Forage fish management.--Section 303(a) (16 U.S.C. 
        1853(a)) is further amended by adding at the end the following:
            ``(18) 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.''.
            (2) Effective date.--The amendment made by subsection (a) 
        shall take effect 5 years after the date of enactment of this 
        Act.
    (f) Action by the Secretary.--Section 304 (16 U.S.C. 1854) is 
further amended by adding at the end the following:
    ``(l) Forage Fish Management Guidelines.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of the Sustaining America's Fisheries for the 
        Future Act of 2021, the Secretary shall establish by regulation 
        guidelines to assist the Councils in implementing sections 
        302(h)(12), 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.''.
    (g) River Herring and Shad.--
            (1) Definitions.--In this section--
                    (A) River herring.--The term ``river herring'' 
                means blueback herring (Alosa aestivalis) and alewife 
                (Alosa pseudoharengus).
                    (B) Shad.--The term ``shad'' means American shad 
                (Alosa sapidissima) and hickory shad (Alosa mediocris).
            (2) Amendments of plans.--Not later than 180 days after the 
        date of enactment of this Act, the Secretary of Commerce 
        shall--
                    (A) 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));
                    (B) 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
                    (C) 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 60 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.
    (h) Rule of Construction.--Nothing in this section 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. 5107 et seq.).

SEC. 509. FUNDING FOR MONITORING IMPLEMENTATION OF NORTHEAST 
              MULTISPECIES FISHERY MANAGEMENT PLAN.

    Section 311(f)(4) (16 U.S.C. 1861(f)(4)) is amended by striking 
``pursuant to this section'' and all that follows through the end of 
the sentence and inserting ``to enforce and monitor (including 
electronic monitoring) implementation of that plan.''.

SEC. 510. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary the 
following amounts to carry out the provisions of this Act:
            (1) For fiscal year 2022, $682,446,000.
            (2) For fiscal year 2023, $698,142,000.
            (3) For fiscal year 2024, $714,200,000.
            (4) For fiscal year 2025, $730,626,000.
            (5) For fiscal year 2026, $747,431,000.
            (6) For fiscal year 2027, $764,621,000.
                                 <all>