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

<DOC>





                                                 Union Calendar No. 502
117th CONGRESS
  2d Session
                                H. R. 4690

                      [Report No. 117-685, Part I]

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

                           December 30, 2022

Additional sponsors: Mr. Neguse, Mr. Suozzi, Mr. Blumenauer, Mr. Cohen, 
 Mrs. Napolitano, Mr. Lowenthal, Ms. Norton, Ms. Lofgren, Mr. Levin of 
 Michigan, Mrs. Peltola, Mrs. Dingell, Mr. Ruppersberger, Ms. Porter, 
                         Mr. Lieu, and Ms. Chu

                           December 30, 2022

   Reported from the Committee on Natural Resources with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           December 30, 2022

Committee on Agriculture discharged; committed to the Committee of the 
    Whole House on the State of the Union and ordered to be printed
 [For text of introduced bill, see copy of bill as introduced on July 
                               26, 2021]


_______________________________________________________________________

                                 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 2022''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Definitions.
Sec. 5. Gender inclusive language.
Sec. 6. 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.
Sec. 207. Participation by fishery-dependent communities.

        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. Western Pacific Sustainable Fishery Fund.
Sec. 307. National Oceanic and Atmospheric Administration sexual 
                            harassment and assault prevention.

            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.
Sec. 410. Shark populations analysis.

 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. Overfished 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. Highly migratory species.

              TITLE VI--INTERNATIONAL FISHERIES MANAGEMENT

Sec. 601. Conservation Commissioner of the Atlantic Tunas Convention 
                            Act.
Sec. 602. Conservation Commissioner to the Western and Central Pacific 
                            Fisheries Convention.
Sec. 603. Conservation Commissioner to the Inter-American Tropical Tuna 
                            Commission.
Sec. 604. Application of annual catch limit and accountability measures 
                            requirement.
Sec. 605. 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. GENDER INCLUSIVE LANGUAGE.

    (a) The Magnuson-Stevens Fishery Conservation and Management Act 
(16 U.S.C. 1801 et seq.) is amended by striking ``prepared by him'' 
each place such term appears and inserting ``prepared by the 
Secretary''.
    (b) Each of the following provisions is amended by striking ``he'' 
each place such term appears and inserting ``the Secretary'':
            (1) Section 201(h)(2) (16 U.S.C. 1821(h)(2)).
            (2) Section 204(b) (16 U.S.C. 1824(b)).
            (3) Section 305(c)(1) (16 U.S.C. 1855(c)(1)).
            (4) Section 306(b)(2) (16 U.S.C. 1856(b)(2)).
    (c) Each of the following provisions is amended by striking ``his'' 
each place such term appears and inserting ``the Secretary's'':
            (1) Section 3(39) (16 U.S.C. 1802(39)).
            (2) Section 204(b)(9) (16 U.S.C. 1824(b)(9)).
            (3) Section 306(b)(1) (16 U.S.C. 1856(b)(1)).
            (4) Section 308(a) (16 U.S.C. 1858(a)).
    (d) Sections 204(b)(4)(A) and 302(c)(1)(D) (16 U.S.C. 1824(b)(4)(A) 
and 1852(c)(1)(D)) are each amended by striking ``his'' and inserting 
``such Secretary's''.
    (e) Subsections (b)(1)(B) and (c)(1)(A) of section 302 (16 U.S.C. 
1852(b)(1)(B) and (c)(1)(A)) are each amended by striking ``his'' and 
inserting ``such director's''.
    (f) Section 201(e)(1)(D) (16 U.S.C. 1821(e)(1)(D)) is amended by 
striking ``he'' and inserting ``such Secretary''.
    (g) Section 201(i) (16 U.S.C. 1821(i)) is amended by striking 
``his'' and inserting ``such Governor's''.
    (h) Section 203(c)(5)(C) (16 U.S.C. 1823(c)(5)(C)) is amended by 
striking ``his'' and inserting ``the minority leader's''.
    (i) Section 302(c)(1)(B) (16 U.S.C. 1852(c)(1)(B)) is amended by 
striking ``his'' and inserting ``such commander's''.
    (j) Section 302(c)(1)(C) (16 U.S.C. 1852(c)(1)(C)) is amended by 
striking ``his'' and inserting ``such executive director's''.
    (k) Section 302(f)(4) (16 U.S.C. 1852(f)(4)) is amended by striking 
``he'' and inserting ``the Administrator of General Services''.
    (l) Section 302(j)(4) (16 U.S.C. 1852(j)(4)) is amended by striking 
``his or her'' and inserting ``such individual's''.
    (m) Section 302(j)(7)(D) (16 U.S.C. 1852(j)(7)(D)) is amended by 
striking ``he or she'' each place such term appears and inserting 
``such individual''.
    (n) Section 309(a) (16 U.S.C. 1859(a)) is amended by striking 
``he'' and inserting ``such person''.
    (o) Section 311(b)(1)(A)(i) (16 U.S.C. 1861(b)(1)(A)(i)) is amended 
by striking ``he'' and inserting ``such officer''.
    (p) Section 311(b)(2) (16 U.S.C. 1861(b)(2)) is amended--
            (1) by striking ``he'' and inserting ``such person''; and
            (2) by striking ``his'' and inserting ``such person's''.

SEC. 6. 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:

                          ``TABLE OF CONTENTS

``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.
            ``(16) Many factors beyond the direct impacts of fishing 
        can contribute to a decline in abundance of a stock of fish, 
        resulting in depleted fish stocks and threatening the stability 
        of ecosystems and fishing communities, including climate 
        change, pollution, habitat and watershed degradation, 
        inadequate freshwater resources, and industrial uses of the 
        ocean. The designation of a stock of fish as overfished 
        indicates that it is depleted and management actions are 
        necessary to allow the stock to rebuild, regardless of the 
        cause of depletion.'';
            (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) in paragraph (3), by inserting ``including considering 
        the impacts of climate change,'' after ``fishery,'';
            (3) in paragraph (8), by striking ``1991'' and inserting 
        ``2022'', 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 on the date that is 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 2022 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 geographical area; and
            ``(3) make recommendations to each Council for measures to 
        increase the resilience of fish stocks within such geographical 
        area identified as vulnerable to climate change.
    ``(b) Council Prioritization Plans.--
            ``(1) In general.--No later than one year after receiving a 
        notification from the Secretary under subsection (a), each 
        Council shall publish a plan identifying management actions to 
        increase resilience of the fish stocks identified as vulnerable 
        to climate change and begin implementing such management 
        actions.
            ``(2) Highly migratory species.--With respect to stocks 
        managed under section 302(a)(3), not later than one year after 
        issuing a notification under subsection (a), the Secretary 
        shall publish a plan identifying management actions to increase 
        resilience of such fish stocks identified as vulnerable to 
        climate change and begin implementing such management actions.
            ``(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 
2022 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 2 years after the date of enactment 
of the Sustaining America's Fisheries for the Future Act of 2022, the 
Secretary shall issue 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 one 
year after the date of the enactment of this Act, the Administrator 
shall establish a program to develop innovative tools and approaches 
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 tools and approaches 
        that address regional and national priorities to improve the 
        conservation and management of fishery resources under existing 
        and anticipated climate impacts;
            (2) provide for routine input from fishery managers and 
        scientists 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 and 
        operationalization 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 
        multiyear research priorities to study and understand the 
        current and anticipated impacts of climate change on fisheries, 
        fisheries interactions, habitats, fishery participants, fishing 
        communities, seafood markets, fisheries science and monitoring, 
        or other relevant priority. Such priorities should be routinely 
        reviewed in a timeframe not to exceed 5 years and updated as 
        necessary.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator to carry out this section $5,000,000 
for each of fiscal years 2023 through 2027.

SEC. 105. MANAGING SHIFTING STOCKS.

    (a) Cross-Jurisdictional Management.--Section 304(f) (16 U.S.C. 
1854(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 federally managed 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, not 
        later than 6 months after making such determination--
                    ``(A) 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
                    ``(B) designate that such plan and any such 
                amendment, if required under this Act, be prepared 
                jointly by the Councils concerned.
            ``(3) Deadline for submission of plan.--Not later than 2 
        years after the Secretary makes a designation under paragraph 
        (2), the Council or Councils concerned shall prepare and submit 
        a fishery management plan or amendment in accordance with this 
        Act.
            ``(4) 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.--
                            ``(i) In general.--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 subclause (I) is made, and at 
                                such other times as required under this 
                                Act, the Council determined under such 
                                subclause shall adopt any existing 
                                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.
                            ``(ii) Repeal of prior plan.--
                        Notwithstanding subsection (h), upon the date 
                        of adoption of a fishery management plan under 
                        clause (i)(II), any preceding fishery 
                        management plan with respect to such fishery is 
                        repealed.
            ``(5) 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.
            ``(6) Establishment of boundaries.--The Secretary shall 
        establish the boundaries between the geographic areas of 
        authority of adjacent Councils.
            ``(7) 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.
            ``(8) 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, in coordination with the 
        Secretary of State where necessary, shall develop a strategy 
        for coordinated research and management with other relevant 
        nations with which the United States shares stocks of fish that 
        are currently experiencing or are expected to experience shifts 
        in geographic range or spatial distribution that spans 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 
                experiencing or are expected to experience 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 and the relevant regional 
                fisheries management organization or other 
                international organizations or agreement with authority 
                over the management of each fishery or fish stock;
                    (B) an analysis of priority research needs for each 
                of these fisheries or stocks of fisheries that should 
                be coordinated with other affected nations and relevant 
                international management organizations; and
                    (C) a 5-year strategy to undertake and complete 
                such research, including a proposed budget and timeline 
                for that work.

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 managed under this 
                Act, organized by Federal region (or Secretarial 
                management under section 302(a)(3), as applicable); and
                    ``(B) with respect to each such fishery--
                            ``(i) the types of fishing gear authorized 
                        for use in such fishery;
                            ``(ii) the jurisdiction (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 ``determining'' and all 
        that follows through the end of the paragraph and inserting 
        ``determining--''
                    ``(A) when a fishery is sufficiently different from 
                those listed as to constitute a new fishery; and
                    ``(B) minimum criteria for a fishery to be 
                considered managed under paragraph (1)(A), which, for 
                federally managed fisheries, must include having a 
                fishery management plan and associated regulations 
                under this Act.''.
            (4) by redesignating paragraph (6) as paragraph (7); and
            (5) by striking paragraphs (3), (4), and (5) and inserting 
        the following:
            ``(3) Not later than 24 months after the date of enactment 
        of the Sustaining America's Fisheries for the Future Act of 
        2022, 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 for which the Council is 
        responsible on the list required under paragraph (1)(A) and 
        submit to the Secretary proposed changes to such list in 
        specific and narrow terms, including geographic range, to 
        ensure that only managed fisheries are included on the list.
            ``(4) 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.
            ``(5) 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 development of a fishery 
                management plan or amendment to such plan under section 
                302(h)(1) and section 303;
                    ``(B) the Secretary collects, evaluates, and 
                notwithstanding section 402(b), makes public the data 
                generated by the experimental fishing activity at the 
                end of each permit year, and based on such evaluation, 
                the Council renders a determination of whether the 
                fishing activity should be continued, either in the 
                form of a subsequent year of experimental fishing under 
                this paragraph, or in the form of a fishery managed 
                under a fishery management plan pursuant to section 
                302(h)(1) and section 303; and
                    ``(C) the data collected from, and the Secretary's 
                evaluation of, the fishing activity are included in any 
                fishery management plan or amendment that is prepared 
                for management of the fishing activity.
            ``(6) 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.

    Section 312(a) of the Magnuson-Stevens Fishery Conservation and 
Management Act (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 loss or 
                        negative subsistence impacts 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, 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) a drought;
                                    ``(VII) El Nin6o effects on water 
                                temperature;
                                    ``(VIII) a marine heat wave; or
                                    ``(IX) 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'--
                            ``(i) means the percentage reduction, as 
                        applicable, in commercial, charter, headboat, 
                        or processor revenue for the affected fishery 
                        for the 12 months during which the fishery 
                        resource disaster occurred, when compared to 
                        average annual revenue in the most recent 5 
                        years when no fishery resource disaster 
                        occurred or equivalent for stocks with cyclical 
                        life histories; and
                            ``(ii) shall not include any revenue loss 
                        resulting from the same distinct cause as a 
                        previously determined fishery resource 
                        disaster.
                    ``(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 Fishery 
                Resource Disasters Improvement Act.
            ``(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 representative or 
                        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 geographical boundaries of the 
                        fishery, as determined by the eligible 
                        requester, including geographic boundaries that 
                        are smaller than the area represented by the 
                        eligible requester;
                            ``(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) significant--
                                            ``(aa) 12-month revenue 
                                        loss for the affected fishery; 
                                        or
                                            ``(bb) negative subsistence 
                                        impact 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 
                                        years when no fishery resource 
                                        disaster occurred, but shall 
                                        not include any impacts 
                                        resulting from the same 
                                        distinct cause as a previously 
                                        determined fishery resource 
                                        disaster;
                                    ``(III) if applicable, information 
                                on lost resource tax revenues assessed 
                                by local communities, such as a raw 
                                fish tax and local sourcing 
                                requirements; and
                                    ``(IV) if applicable and available, 
                                information on affected fishery 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.--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 may result in a positive 
                                determination that a fishery resource 
                                disaster has occurred, based on the 
                                information provided or analyzed under 
                                paragraph (4)(B).
                                    ``(II) Losses between 35 percent 
                                and 80 percent shall be evaluated to 
                                determine whether economic impacts are 
                                severe enough to determine that a 
                                fishery resource disaster has occurred.
                                    ``(III) Losses less than 35 percent 
                                shall not be eligible for a 
                                determination that a fishery resource 
                                disaster has occurred.
                            ``(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) Negative subsistence impacts.--In 
                        considering negative subsistence impacts, the 
                        Secretary shall evaluate the severity of 
                        negative impacts 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 where 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 notwithstanding the requirements under 
                paragraph (3) and subparagraph (B).
            ``(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.--When 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 negative impacts to subsistence and Tribal 
                ceremonial fishing opportunity, for the affected 
                fishery and may consider the following factors:
                            ``(i) Direct economic impacts.
                            ``(ii) Uninsured losses.
                            ``(iii) Losses of recreational fishing 
                        opportunity.
                            ``(iv) Aquaculture operations revenue loss.
                            ``(v) Direct revenue losses to a fishing 
                        community.
                            ``(vi) Treaty obligations.
                            ``(vii) 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 impacts to 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 
                                        when affected by a circumstance 
                                        described in paragraph (5)(D) 
                                        or by negative impacts to 
                                        subsistence and Tribal 
                                        ceremonial fishing opportunity.
                                            ``(ff) Hatcheries and stock 
                                        enhancement to help rebuild the 
                                        affected stock or offset 
                                        fishing pressure on the 
                                        affected stock.
                                    ``(II) Displaced fishery 
                                employees.--Where appropriate, 
                                individuals carrying out the activities 
                                described in items (aa) through (dd) 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)(ee); 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) Noneffective.--A fishery endorsement 
                        for a vessel described in clause (i) shall not 
                        be effective.
                            ``(iii) No sale.--A vessel described in 
                        clause (i) may 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 submittal best practices for the 
        information described in paragraph (4)(B).
            ``(9) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection 
        $377,000,000 for the period of fiscal years 2023 through 
        2028.''.

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 (16 U.S.C. 1802) 
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 or sharing personal, family, or 
                community consumption, including as food, shelter, 
                clothing, or tools;
                    ``(ii) for the making or selling of handicraft 
                articles out of nonedible byproducts of subsistence 
                fishing;
                    ``(iii) for barter; and
                    ``(iv) 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 harvested through subsistence 
                fishing--
                            ``(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.

     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 Waterfronts Task Force.--
            ``(1) Establishment and functions.--The Secretary 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, 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 
                Administration, 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 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 environmental 
                        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 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 one 
        year after the date of issuance of the report.
    ``(b) Working Waterfronts Grant Program.--
            ``(1) Establishment.--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 waterfronts plan 
        approved by the Secretary under subsection (c).
            ``(2) Grants.--The Secretary shall award matching grants 
        under the Working Waterfronts Grant Program to coastal States 
        with approved working waterfronts plans through a regionally 
        equitable, competitive funding process in accordance with the 
        following:
                    ``(A) The Governor, or an agency designated by the 
                Governor for coordinating the implementation of this 
                section, in consultation with any 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 waterfronts planning.
                    ``(C) Coastal States may allocate grants to local 
                governments, agencies, or nongovernmental organizations 
                eligible for assistance under this section.
            ``(3) Considerations.--In awarding a grant to a coastal 
        State, the Secretary shall consider--
                    ``(A) the economic, cultural, and historical 
                significance of working waterfronts to the coastal 
                State;
                    ``(B) the demonstrated working waterfronts needs of 
                the coastal State as outlined by a working waterfronts 
                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 leverage funds among 
                participating entities, including Federal agencies, 
                regional organizations, State and other government 
                units, landowners, corporations, or private 
                organizations;
                    ``(D) the potential for rapid turnover in the 
                ownership of working waterfronts in the coastal State, 
                and where applicable the need for coastal States to 
                respond quickly when properties in existing or 
                potential working waterfronts areas or public access 
                areas as identified in the working waterfronts plan 
                submitted by the coastal State come under threat or 
                become available; and
                    ``(E) the impact of the working waterfronts plan 
                approved for the coastal State under subsection (c) on 
                the coastal ecosystem and the users of the coastal 
                ecosystem.
            ``(4) Timeline for approval.--The Secretary shall approve 
        or reject an application for such a grant not later than 60 
        days after receiving an application for the grant.
    ``(c) Working Waterfronts Plans.--
            ``(1) Development and submission of plan.--To be eligible 
        for a grant under subsection (b), a coastal State shall submit 
        to the Secretary a comprehensive working waterfronts plan in 
        accordance with this subsection, or be in the process of 
        developing such a plan and have an established working 
        waterfronts program at the State or local level.
            ``(2) Plan requirements.--Such plan--
                    ``(A) shall provide for preservation and expansion 
                of access to coastal waters to persons engaged in 
                commercial fishing, marine recreational and tourism 
                businesses, aquaculture, boatbuilding, or other water-
                dependent, coastal-related business;
                    ``(B) shall include--
                            ``(i) an assessment of the economic, 
                        social, cultural, and historic value of working 
                        waterfronts to the coastal State;
                            ``(ii) a description of relevant State and 
                        local laws and regulations affecting working 
                        waterfronts in the geographic areas identified 
                        in the working waterfronts 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, 
                        other marine recreational and tourism 
                        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 
                        waterfronts needs including improvements to 
                        existing working waterfronts and working 
                        waterfronts 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 descriptions of 
                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 
                waterfronts 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 
                waterfronts plan as in effect before the date of the 
                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 waterfronts plan;
                    ``(B) award grants consistent with the purposes of 
                this section to States undertaking the working 
                waterfronts planning process under this section, for 
                the purpose of preserving and protecting working 
                waterfronts during such process; and
                    ``(C) determine that a preexisting coastal land use 
                plan for that State is in accordance with the 
                requirements of this subsection.
            ``(5) Any coastal State applying for a working waterfronts 
        grant under this title shall--
                    ``(A) develop a working waterfronts 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 
                waterfronts covenants, provide as part of the working 
                waterfronts plan under this subsection a procedure to 
                ensure that the qualified holders are fulfilling such 
                qualified holder's obligations under the working 
                waterfronts covenant.
    ``(d) Uses, Terms, and Conditions.--A grant under this section may 
be used--
            ``(1) to acquire a working waterfronts, or an interest in a 
        working waterfront;
            ``(2) to make improvements to a working waterfronts, 
        including the construction or repair of wharfs, boat ramps, or 
        related facilities; or
            ``(3) for necessary climate change adaptation or 
        mitigation.
    ``(e) Public Access Requirement.--A working waterfronts 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 waterfronts 
        or an interest in working waterfronts, 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 waterfronts or an interest in working 
        waterfronts 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) Designation of qualified holder.--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.
            ``(2) Allocation.--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 
        waterfronts plan.
            ``(3) Exceptions.--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 waterfronts affected by a grant under this 
                section shall enter into a working waterfronts 
                covenant;
                    ``(B) such covenant shall be held by the coastal 
                State or a qualified holder designated under paragraph 
                (1);
                    ``(C) if the coastal State determines, on the 
                record after an opportunity for a hearing, that the 
                working waterfronts covenant has been violated--
                            ``(i) all right, title, and interest in and 
                        to the working waterfronts 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 
                        waterfronts; and
                    ``(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 waterfronts to 
                another qualified holder.
    ``(h) Matching Contributions.--
            ``(1) In general.--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. 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.
            ``(2) Waiver.--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) In-kind contributions.--A local community designated 
        as a qualified holder under subsection (g) may use funds or 
        other in-kind contributions donated by a nongovernmental 
        partner to satisfy the matching funds requirement under this 
        subsection.
            ``(4) Funding from other federal source.--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.
            ``(5) Value of a working waterfront.--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 not later than three years of the grant award date, or 
        not later than three 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.
            ``(6) Other considerations.--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. Such costs may include either cash or in-kind 
        contributions.
    ``(i) Limit on Administrative Costs.--The Secretary may not use 
more than 5 percent of the funds made available under this section may 
for planning or administration of the program under this section.
    ``(j) Other Technical and Financial Assistance.--
            ``(1) The Secretary may use up to 5 percent of the funds 
        appropriated under this section to provide 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 waterfronts plan and the 
                implementation of an approved working waterfronts plan;
                    ``(B) provide technical assistance to States and 
                local governments for the development, implementation, 
                and revision of comprehensive working waterfronts 
                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 stormwater management practices in regards to 
                working waterfronts;
                    ``(E) provide technical assistance to States and 
                local governments on integrating resilience planning 
                into working waterfronts 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, the following definitions 
apply:
            ``(1) Qualified holder.--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) Working waterfront.--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, other marine 
        recreational and tourism 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, 
        other marine recreational and tourism businesses, aquaculture, 
        or other water-dependent, coastal-related business.
            ``(3) Working waterfront covenant.--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 Secretary $12,000,000 for each of fiscal years 2023 
through 2027 to carry out this section.''.

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.

    (a) In General.--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;
                            ``(iii) seek to participate in such program 
                        for a purpose other than perfecting or 
                        realizing a security interest in such access; 
                        and
                            ``(iv) 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 and the Secretary for 
                        approval shall include the following 
                        components:
                                    ``(I) A description of the entity 
                                and 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 
                                privilege 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, including limitations or 
                                measures necessary to prevent an 
                                inequitable concentration of limited 
                                access privileges within the fishing 
                                community.
                            ``(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 2022 
                        shall not be invalidated by failure to comply 
                        with clause (i) unless such plan is amended 
                        after such date.''.
    (b) Audit.--
            (1) In general.--The Inspector General of the Department of 
        Commerce shall conduct an audit regarding limited access 
        privilege programs for federally managed fisheries in the 
        United States.
            (2) Determinations and disclosures.--The audit required 
        under paragraph (1) shall determine and disclose the following:
                    (A) The amount of harvest privileges or 
                transferable quota that were actively harvested each 
                year from 2017 through 2022.
                    (B) The amount of harvest privileges or 
                transferable quota that were leased to other parties or 
                entities each year from 2017 through 2022.
                    (C) The names of corporations, partnerships, or 
                other authorized entities that currently hold 
                harvesting privileges or transferable quota in Federal 
                fisheries.
                    (D) The proportion of transferable quota holders 
                (both individuals and authorized entities) who are 
                actively fishing their harvesting privileges.
                    (E) The average cost of a transferable harvest 
                share in each federally managed limited access 
                privilege program.
                    (F) The average leasing cost of a transferable 
                harvest share in each federally managed limited access 
                privilege program where leasing is occurring.
            (3) Additional requirements.--In addition to the 
        requirements under paragraph (2), the audit required under this 
        subsection shall--
                    (A) evaluate the Secretary of Commerce's 
                performance overseeing limited access privilege 
                programs in accordance with section 303A(c)(1)(J) of 
                the Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1853a(c)(1)(J)); and
                    (B) recommend policies to strengthen transparency 
                and achieve full disclosure of ownership of harvest 
                privileges in limited access privilege programs.
            (4) Congressional briefing.--Not later than one year after 
        the date of enactment of this Act, the Inspector General shall 
        brief the appropriate committees of Congress on the preliminary 
        findings of the audit conducted under paragraph (1).
            (5) Final report.--Not later than 30 days after the date on 
        which a briefing occurs under paragraph (4), the Inspector 
        General shall submit to Congress a final report setting forth 
        the results of the audit conducted under paragraph (1).

SEC. 206. FINDINGS.

    Section 2(a)(3) (16 U.S.C. 1801(a)(3)) is amended to read as 
follows:
            ``(3) Commercial, recreational, and charter fishing 
        constitute major sources of employment and contribute 
        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.''.

SEC. 207. PARTICIPATION BY FISHERY-DEPENDENT COMMUNITIES.

    (a) In General.--Section 301(a)(8) (16 U.S.C. 1851(a)(8)) is 
amended to read as follows:
            ``(8) Conservation and management measures shall, 
        consistent with the conservation requirements of this Act 
        (including the prevention of overfishing and rebuilding of 
        overfished stocks), provide for the sustained participation by 
        fishery-dependent communities, to the extent practicable, by 
        using economic and social data that meets the requirements of 
        paragraph (2) to--
                    ``(A) minimize adverse economic impacts on such 
                communities; and
                    ``(B) include measurable objectives and tangible 
                strategies that provide residents of local fishing 
                communities with sustained access to adjacent 
                fisheries.''.
    (b) Update of Advisory Guidelines.--Not later than 60 days after 
the date of enactment of this section, the Secretary shall update the 
advisory guidelines required under section 301(b) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1851(b)) to 
be consistent with the amendment made by this section.

        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 that are identified (including 
        parenthetically) on the most current list (as of the date of 
        the enactment of this paragraph) published by the Secretary 
        under section 104 of the Federally Recognized Indian Tribe List 
        Act of 1994 (25 U.S.C. 5131)'' 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 individuals described in 
                subparagraph (B) to serve as representatives of Indian 
                Tribes in Alaska that are identified (including 
                parenthetically) on the most current list (as of the 
                date of the enactment of this paragraph) published by 
                the Secretary under section 104 of the Federally 
                Recognized Indian Tribe List Act of 1994 (25 U.S.C. 
                5131) from a list submitted by the Tribal governments 
                of those Tribes. The Secretary, in consultation with 
                the Secretary of the Interior, Tribal Governments, and 
                the Alaska Federation of Natives, shall establish by 
                regulation the procedure for submitting a list under 
                this subparagraph.
                    ``(B) Required qualifications.--An individual is 
                described in this subparagraph if such individual 
                possesses knowledge of the region's anadramous fish, of 
                the marine resources managed by the Council, of the 
                effects of the Council's actions on such resources ,and 
                of the region's subsistence uses, customs, and 
                traditions relating to such resources and--
                            ``(i) possesses knowledge of commercial and 
                        sport uses of anadramous fish and marine 
                        resources in the region; or
                            ``(ii) demonstrates leadership through 
                        involvement in local or regional fish and 
                        wildlife management organizations.
                    ``(C) 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.
                    ``(D) 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 
                (C), except that the Secretary may use the list from 
                which the vacating representative was chosen.
                    ``(E) 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.
                    ``(F) Term of appointment.--An individual appointed 
                under subparagraph (A) shall serve on the North Pacific 
                Council until such time as a 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 the following: ``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 the following: ``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 shall 
        appoint an individual to be a liaison between the Councils 
        described in subparagraphs (A) and (B) of paragraph (1) who 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 possible, 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, for a period of not less than 5 years beginning on 
        the date of a meeting, 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) 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 their representatives) 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 one 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).''.
    (b) Section 302(b)(2) (16 U.S.C. 1852(b)(2)) is amended by adding 
at the end the following:
            ``(F) Geographic representation.--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.''.
    (c) 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,''.
    (d) Lobbying.--Section 302 (16 U.S.C. 1852) is amended by adding at 
the end the following:
    ``(m) Lobbying.--
            ``(1) Prohibition on council lobbying.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), 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--
                            ``(i) introduction, advancement, enactment, 
                        amendment, or repeal of Federal or State 
                        legislation; or
                            ``(ii) issuance, modification, or 
                        overturning of an executive order, Presidential 
                        proclamation, or similar Presidential directive 
                        or decree.
                    ``(B) Technical and factual presentations.--
                Notwithstanding subparagraph (A), 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 disciplinary action including suspension or 
        expulsion from participation in, membership of, or employment 
        by a council, advisory body, or related entity or activity.
            ``(4) 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.
            ``(5) 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.
            ``(6) Regulations.--Not later than 12 months after the date 
        of enactment of the Sustaining America's Fisheries for the 
        Future Act of 2022, the Secretary shall issue implementing 
        regulations for this subsection.''.
    (e) Workplace Harassment Prevention.--Section 302 (16 U.S.C. 1852) 
is further amended by adding at the end the following:
    ``(n) Workplace Harassment Prevention.--
            ``(1) Prohibition.--The Secretary shall prohibit any person 
        from harassing a covered individual during the conduct of 
        duties under this Act.
            ``(2) Harassment prevent training.--Council members and 
        staff shall, as a condition of employment, not later than 1 
        year after the date of enactment of the Sustaining America's 
        Fisheries for the Future Act of 2022 or such individual's first 
        day of employment by a Council and not less often than every 2 
        years thereafter, complete 2 hours of workplace harassment 
        prevention training approved by the office authorized by 
        section 3541 of the National Defense Authorization Act for 
        Fiscal Year 2017.
            ``(3) Definitions.--In this subsection:
                    ``(A) Covered individual.--The term `covered 
                individuals' means--
                            ``(i) council members;
                            ``(ii) council staff;
                            ``(iii) advisory panel members;
                            ``(iv) committee members;
                            ``(v) Federal fishery permit holders; or
                            ``(vi) staff, crew, employees, or 
                        contractors associated with a federally 
                        permitted vessel or a facility providing 
                        services to such vessels.
                    ``(B) Harassment.--The term `harassment' means 
                unwelcome verbal, visual, or physical conduct based on 
                race, color, national origin, religion, age (40 and 
                above), sex (including gender identity, sexual 
                orientation, and pregnancy), disability, genetic 
                information, or prior Equal Employment Opportunity 
                activity.''.
    (f) Judicial Review.--Section 305(f)(1) (16 U.S.C. 1855(f)(1) is 
amended by striking ``30'' and inserting ``60''.

SEC. 306. WESTERN PACIFIC SUSTAINABLE FISHERY FUND.

    Section 204(e) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1824(e)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``in consultation with any 
                appropriate Council,'' and inserting ``at the request 
                and with the concurrence of the Governor of the 
                applicable Pacific Insular Area,'';
                    (B) by striking ``a Pacific Insular Area--'' and 
                inserting ``that Pacific Insular Area.''; and
                    (C) by striking subparagraphs (A) and (B);
            (2) in paragraph (3)(A)--
                    (A) by inserting ``and'' before ``the Governor'';
                    (B) by striking ``, and the appropriate Council''; 
                and
                    (C) by adding at the end the following: ``Such 
                permits shall also be consistent with any applicable 
                fishery management plan.'';
            (3) in paragraph (4)--
                    (A) in subparagraph (A)--
                            (i) by striking ``the Western Pacific 
                        Council and'';
                            (ii) by inserting ``of the applicable 
                        Pacific Insular Area'' after ``Governor''; and
                            (iii) by amending (v) to read as follows--
                            ``(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.''; and
                    (B) by amending subparagraph (B) to read as 
                follows:
                    ``(B) In the case of American Samoa, Guam, and the 
                Northern Mariana Islands, the appropriate Governor of 
                the applicable Pacific Insular Area shall develop the 
                marine conservation plan described in subparagraph (A) 
                and submit such plan to the Secretary for approval. In 
                the case of other Pacific Insular Areas, the Secretary 
                and the appropriate Governor of the applicable Pacific 
                Insular Area shall jointly develop the marine 
                conservation plan described in subparagraph (A).'';
            (4) in paragraph (6)--
                    (A) in subparagraph (A), by inserting ``and'' at 
                the end;
                    (B) by striking subparagraph (B); and
                    (C) by redesignating subparagraph (C) as 
                subparagraph (B);
            (5) in paragraph (7)--
                    (A) by striking ``, who shall provide such funds 
                only to'' and inserting ``for the purposes of'';
                    (B) in subparagraph (A)--
                            (i) by striking ``the Western Pacific 
                        Council for the purpose of''; and
                            (ii) by inserting ``as determined by the 
                        Secretary, in consultation with the Western 
                        Pacific Sustainable Fishery Fund Advisory Panel 
                        established under section 204(e)(9),'' after 
                        ``subsection,'';
                    (C) in subparagraph (B), by inserting ``providing 
                such funds as are necessary to'' before ``the 
                Secretary'';
                    (D) by amending subparagraph (C) to read as 
                follows:
                    ``(C) providing such funds as remain in the Western 
                Pacific Sustainable Fisheries Fund after the funding 
                requirements of subparagraphs (A) and (B) have been 
                satisfied to the Governor of Hawaii to meet 
                conservation and management objectives in the State of 
                Hawaii.''; and
                    (E) by striking ``Amounts deposited in such fund 
                shall not diminish funding received by the Western 
                Pacific Council for the purpose of carrying out other 
                responsibilities under this Act.''; and
            (6) by adding at the end the following:
            ``(9) Western pacific sustainable fishery fund advisory 
        panel.--
                    ``(A) In general.--To assist in carrying out this 
                paragraph, the Secretary shall establish and convene an 
                advisory panel under section 302(g) to evaluate, 
                determine the relative merits of, and annually rank 
                applications for grants for implementation of approved 
                marine conservation plans approved under paragraph (4). 
                The panel shall consist of members such that--
                            ``(i) the Governor of each applicable 
                        Pacific Insular Area selects one member; and
                            ``(ii) no member shall be a member or 
                        employee of the Western Pacific Fishery 
                        Management Council.
                    ``(B) Award not in accordance with rank.--If the 
                Secretary awards a grant for a project not in 
                accordance with the rank given to such project by the 
                advisory panel, the Secretary shall provide a detailed 
                written explanation of the reasons for such award.
                    ``(C) Notice.--The Secretary shall provide to the 
                public timely notice of each meeting of the advisory 
                panel.
                    ``(D) Minutes.--Minutes of each meeting of the 
                advisory panel shall be kept by the Secretary and shall 
                be made available to the public.
                    ``(E) Reports.--The Secretary shall, with the 
                assistance of the Western Pacific Sustainable Fishery 
                Fund Advisory Panel, submit an annual report to 
                Congress identifying any projects that were funded in 
                the previous year and the status and progress of 
                projects carried out under this subsection.
                    ``(F) Exemption from federal advisory committee 
                act.--The Federal Advisory Committee Act (5 U.S.C. App) 
                shall not apply to the 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 the National 
        Defense Authorization Act for Fiscal Year 2017 (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) Council members, executive and administrative 
                staff, and advisory panel and committee members of 
                regional fishery management councils established under 
                section 302 of the Magnuson-Stevens Fishery 
                Conservation and Management Act.
                    ``(C) Federal fishery permit holders and staff, 
                crew, employees, and contractors associated with 
                federally permitted vessels under 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) (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 (26) as 
        paragraphs (5) through (27), respectively;
            (2) by inserting after paragraph (3) the following:
            ``(4) Section 657, relating to prohibition on service by 
        individuals convicted of certain sexual offenses.''.

            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) Information From Experts.--In carrying out this section, the 
Secretary shall solicit information, as needed, from data management 
and technology experts inside and outside the government.
    (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 on a 
continuing basis while conserving and maintaining fisheries and 
integrating healthy ecosystem considerations, managers require 
reliable, timely data across all regions and fishing sectors for 
conservation, management, and scientific purposes. 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) (16 U.S.C. 
1853(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 through--
                    ``(A) electronic monitoring or other electronic 
                technology; or
                    ``(B) observers carried onboard such vessel, 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, efficiency, 
        and collaboration with private entities.
            (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 one 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 2 years 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) Exemption from the federal advisory committees act.--
        The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
        apply to the Advisory Panel.
            (6) 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 one 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 planned but 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) summarize 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 
        data collection; 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 enhance climate resilience in 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.
            ``(10) Projects to better understand shark depredation, 
        what causes increases in the behavior, and how to best address 
        the behavior.'';
            (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 one 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:
    ``(h) 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.
    ``(i) 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 one 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 2022, 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 
2022, 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 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 one 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, surveys, 
and other data collection to support stock assessments impractical.
    (b) Report.--Not later than one 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) of such Act (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) of such Act (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 Fisheries 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 survey mitigation programs, 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.

SEC. 410. SHARK POPULATIONS ANALYSIS.

    Not later than one year after the date of enactment of this Act, 
the Secretary shall enter into an agreement for an independent analysis 
to be done on shark populations in the Gulf of Mexico and Atlantic 
coasts and, before starting the survey, develop a plan to integrate the 
results of this study into the Secretary's own data sets and fishery 
management measures.

 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 paragraph (1)(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) for the entire period during 
                                which such adverse effect is likely to 
                                occur, monitor or require monitoring 
                                for such adverse effect;
                                    ``(II) for the entire period during 
                                which such adverse effect is likely to 
                                occur, take action to minimize and 
                                mitigate such adverse effect of the 
                                action on--
                                            ``(aa) the habitat area of 
                                        particular concern; and
                                            ``(bb) the species for with 
                                        respect to which the habitat 
                                        area of particular concern is 
                                        designated;
                                    ``(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, of adverse 
                effects on essential fish habitat and, to the extent 
                adverse effects cannot be avoided, 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, State, 
                or local 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 2022 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 3 years after the date 
        of enactment of the Sustaining America's Fisheries for the 
        Future Act of 2022, 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 description of all bycatch reduction 
        technologies and methods developed, tested, or supported by the 
        Bycatch Reduction Engineering Program, and a summary of how 
        such technologies and methods have been implemented into 
        fishery management, or an explanation for why such technologies 
        and methods have not been implemented.''.

SEC. 504. IMPROVING REBUILDING OUTCOMES.

    Section 304(e) (16 U.S.C. 1854(e)) is amended to read as follows:--
    ``(e) Rebuilding Overfished Fisheries and Ending Overfishing.--
            ``(1) Determination of status.--
                    ``(A) In general.--The Secretary shall, determine, 
                based on the best scientific information available and 
                at any time, for stocks within each Council's 
                geographic area of authority, (or the Secretary, for 
                stocks managed under section 302(a)(3)), whether such 
                stock of fish is each of the following:
                            ``(i) Subject to overfishing.
                            ``(ii) Overfished.
                            ``(iii) Approaching a condition of being 
                        overfished.
                    ``(B) Criteria for determination.--
                            ``(i) Criteria provided by managing 
                        document.--In making a determination under 
                        subparagraph (A), the Secretary shall, with 
                        respect to a stock of fish managed under a 
                        stock of fish management plan or international 
                        agreement, use the criteria specified in such 
                        plan or agreement.
                            ``(ii) Approaching a condition of being 
                        overfished.--In making a determination under 
                        subparagraph (A), the Secretary shall classify 
                        a stock of fish as approaching a condition of 
                        being overfished if, based on trends in fishing 
                        effort, fishery resource size, and other 
                        appropriate factors, the Secretary estimates 
                        that the stock of fish will become overfished 
                        within 2 years.
                            ``(iii) Stocks lacking criteria.--For 
                        stocks that lack criteria as required under 
                        section 303(a)(10), the Secretary shall 
                        determine whether the stock is overfished or 
                        subject to overfishing using the best available 
                        scientific information.
            ``(2) Publication.--
                    ``(A) In general.--The Secretary shall publish each 
                determination made under paragraph (1) in the Federal 
                Register.
                    ``(B) Notification of council.--If the Secretary 
                determines that a stock of fish is subject to 
                overfishing, overfished, or approaching a condition of 
                being overfished under paragraph (1), the Secretary 
                shall immediately notify the appropriate Council and 
                request that action be taken--
                            ``(i) to end overfishing with respect to 
                        the stock of fish immediately;
                            ``(ii) for a stock of fish that is 
                        overfished, to end overfishing immediately and 
                        to implement conservation and management 
                        measures to rebuild affected the stock of fish; 
                        or
                            ``(iii) for a stock of fish that is 
                        approaching an overfished condition, to end 
                        overfishing immediately and prevent the stock 
                        of fish from reaching a overfished condition.
                    ``(C) Annual report.--The Secretary shall submit an 
                annual report to Congress and the Councils. Such 
                report--
                            ``(i) shall list each determination made 
                        with respect to a stock of fish under paragraph 
                        (1) during the preceding year;
                            ``(ii) shall identify each stock of fish 
                        managed under this Act that is under a 
                        rebuilding plan or in need of a rebuilding plan 
                        (as specified by this section), including--
                                    ``(I) specifying the number of 
                                years the stock of fish has been in a 
                                rebuilding plan;
                                    ``(II) the anticipated length in 
                                years of the stock of fish's current 
                                rebuilding plan;
                                    ``(III) the number of rebuilding 
                                plans that have been implemented for 
                                the stock of fish; and
                                    ``(IV) whether a lack of adequate 
                                progress toward ending overfishing and 
                                rebuilding has been found for the stock 
                                of fish; and
                            ``(iii) may use, as appropriate, the term 
                        `depleted' to further describe an overfished 
                        stock of fish that has been significantly 
                        impacted by environmental factors in addition 
                        to (or in absence of) fishing pressure.
            ``(3) Required action by council.--
                    ``(A) Determination that requires action.--Not 
                later than 2 years after date on which the Secretary 
                makes any of the following determinations, the 
                appropriate Council (or the Secretary, for fisheries 
                managed under section 302(a)(3)) shall take an action 
                described in subparagraph (B):
                            ``(i) A determination that a stock of fish 
                        is subject to overfishing, overfished, or 
                        approaching a condition of being overfished.
                            ``(ii) A determination that a rebuilding 
                        plan has failed under paragraph (7)(C).
                            ``(iii) A determination that a stock of 
                        fish has reached the end of the time period for 
                        a rebuilding plan under paragraph (8).
                    ``(B) Actions.--The actions described in this 
                subparagraph are--
                            ``(i) with respect to a stock of fish that 
                        is subject to overfishing, to end overfishing 
                        immediately and prevent overfishing of the 
                        stock;
                            ``(ii) with respect to a stock of fish that 
                        is overfished, to end overfishing immediately 
                        and to rebuild the stock of fish; or
                            ``(iii) with respect to a stock of fish 
                        that is approaching an overfished condition, to 
                        end overfishing immediately and prevent the 
                        stock of fish from reaching an overfished 
                        condition.
            ``(4) Rebuilding plan required.--For a stock of fish that 
        is overfished, any management document prepared pursuant to 
        paragraph (3) or paragraph (5) for such fishery shall--
                    ``(A) specify a time period for rebuilding the 
                stock of fish that shall--
                            ``(i) be as short as possible, taking into 
                        account the status and biology of overfished 
                        stocks of fish, the needs of fishing 
                        communities, recommendations by international 
                        organizations in which the United States 
                        participates, and the interaction of the 
                        overfished stock of fish within the marine 
                        ecosystem; and
                            ``(ii) not exceed the time the stock of 
                        fish would be rebuilt in the absence of any 
                        fishing mortality plus one mean generation;
                    ``(B) allocate both overfishing restrictions and 
                recovery benefits fairly and equitably among sectors of 
                the fishery;
                    ``(C) for a stock of fish managed under an 
                international agreement, reflect traditional 
                participation in the stock of fish, relative to other 
                nations, by fishermen of the United States; and
                    ``(D) contain objective and measurable criteria for 
                evaluating rebuilding progress.
            ``(5) Secretarial plan.--If a Council does not meet the 
        deadline described in paragraph (3)(A) to submit a management 
        document the Secretary shall, not later than 9 months after the 
        expiration of such deadline, prepare such management document 
        for the affected fish stock under subsection (c).
            ``(6) Interim measures.--During the development of a 
        management document for a stock of fish required by this 
        subsection, a Council may request that the Secretary implement 
        interim measures to reduce overfishing under section 305(c) 
        until such measures can be replaced by such management 
        document. Such measures, if otherwise in compliance with the 
        provisions of this Act, may be implemented even though they are 
        not sufficient to stop overfishing of a fishery.
            ``(7) Assessment of rebuilding plan.--
                    ``(A) Secretarial review.--The Secretary shall 
                review each management document relating to a stock of 
                fish required by this subsection not less often than 
                once every 2 years to determine whether such management 
                document has resulted in adequate progress toward 
                rebuilding affected stocks of fish. The Secretary shall 
                find a lack of adequate progress toward rebuilding an 
                affected stock of fish 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 such other reasons as the 
                        Secretary determines appropriate.
                    ``(B) Finding of inadequate progress.--Except as 
                provided in subparagraph (C), if the Secretary finds 
                after a review under subparagraph (A) that a management 
                document has not resulted in adequate progress toward 
                rebuilding affected fish stocks, the Secretary shall--
                            ``(i) in the case of a stock of fish 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 stocks of fish, 
                        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 complete 
                        such action by the date that is 9 months after 
                        the date of such notification, the Secretary 
                        shall, not later than 18 months after the date 
                        of such notification, make such revisions as 
                        are needed to ensure adequate progress toward 
                        rebuilding by not later than the rebuilding 
                        deadline established under paragraph (4).
                    ``(C) Failed rebuilding plan.--If 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.
                    ``(D) Publication.--The Secretary shall publish the 
                results of a review performed under this paragraph in 
                the Federal Register, including a determination of 
                adequate progress or inadequate progress, and the basis 
                for such determination.
            ``(8) Subsequent rebuilding plan.--If a rebuilding time 
        period established under paragraph (4) expires and the relevant 
        fish stock has not been rebuilt, or the Secretary determines 
        that an existing rebuilding plan has failed under paragraph 
        (7)(C), 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), except that such 
        plan shall have not less than a 75 percent chance of rebuilding 
        the stock of fish by the end of the new rebuilding time period 
        set under paragraph (4). Management measures intended to 
        rebuild the stock shall remain in effect during such 
        preparation of a rebuilding plan.
            ``(9) Management document.--In this subsection, the term 
        `management document' means a management plan, management plan 
        amendment, or proposed regulations for a stock of fish.''.

SEC. 505. OVERFISHED FISHERIES AND PREVENTING OVERFISHING.

    (a) 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 its 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 overfished 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.''.
    (b) Minimum Required Precautionary Standard.--Section 303(a)(10) 
(16 U.S.C. 1853(a)(10)) is amended to read as follows:
            ``(10) specify objective and measurable criteria for 
        identifying when the fish stock to which the plan applies is 
        overfished or subject to overfishing (with an analysis of how 
        the criteria were determined and the relationship of the 
        criteria to the reproductive potential of stocks of fish in 
        that fishery), which may not be less precautionary than the 
        recommendation of the scientific and statistical committees for 
        such fishery, and, in the case of a fishery which the Council 
        or the Secretary has determined is approaching an overfished 
        condition or is overfished, contain conservation and management 
        measures to prevent overfishing or end overfishing and rebuild 
        the fishery.''.
    (c) 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 2 
        years, or 9 months in the case of a management plan or 
        amendment subject to section 304(e)(7)(B)'' 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 date on which a time period 
established in subparagraph (B) or (C) ends, 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 
        overfished or experiencing overfishing, which may not be less 
        precautionary than the recommendation of its scientific and 
        statistical committee;
            ``(9) develop and implement a habitat protection 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 in a 
                fishery management plan to implement the habitat 
                protection 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 after subsection (l), as added by this 
Act, the following:
    ``(m) Forage Fish.--Not later than 12 months after the date of 
enactment of the Sustaining America's Fisheries for the Future Act of 
2022, the Secretary shall establish by regulation, in consultation with 
the Regional Fishery Management Councils, 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--
            (1) in clause (ii), as added by this Act, by striking 
        ``and'';
            (2) in clause (iii), as added by this Act, by striking the 
        period at the end and inserting ``; and''; and
            (3) 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), 
        as redesignated, the following:
            ``(12) develop and submit to the Secretary for approval a 
        list of unmanaged forage fish occurring in the area under its 
        authority for which the development of any new directed forage 
        fish fishery is prohibited 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 this subsection 
        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 2022, the Secretary shall establish by regulation 
        guidelines to assist the Councils in implementing sections 
        302(h)(12) and 303(a)(18).
            ``(2) Workshops.--In developing the guidelines under 
        paragraph (1), the Secretary shall conduct workshops with 
        Councils and other scientific, fisheries, and conservation 
        interests.
    ``(m) Forage Fish Prohibition.--In accordance with section 
302(h)(12), the Secretary shall prohibit the development of any new 
directed forage fish fishery.''.
    (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 one 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 ensure accurate and precise catch 
                accounting on an ongoing basis within any fishery using 
                mid-water trawl or paired mid-water trawl fishing gear 
                in the Atlantic herring and Atlantic mackerel fisheries 
                through the use of human or electronic on-board 
                observation.
    (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. HIGHLY MIGRATORY SPECIES.

    Section 304(g)(1) (16 U.S.C. 1854(g)(1)) is amended--
            (1) in subparagraph (B), by inserting ``a scientific and 
        statistical committee and'' after ``establish''; and
            (2) by amending subparagraph (C) to read as follows:
            ``(C) for stocks not managed pursuant to the Atlantic Tunas 
        Convention Act of 1975, develop annual catch limits that may 
        not exceed the fishing level recommendations of the scientific 
        and statistical committee;''.

              TITLE VI--INTERNATIONAL FISHERIES MANAGEMENT

SEC. 601. CONSERVATION COMMISSIONER OF THE ATLANTIC TUNAS CONVENTION 
              ACT.

    (a) Appointment and Procedure of Commissioners.--Section 3(a) of 
the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971a(a)) is 
amended to read as follows:
    ``(a) Appointment and Number; Rules of Procedure; Term.--
            ``(1) Appointment.--The President shall appoint four 
        Commissioners to serve as delegates of the United States to the 
        Commission as follows:
                    ``(A) One Commissioner shall be a Federal employee 
                who shall serve as Chair.
                    ``(B) Three Commissioners shall not be Federal 
                employees, of whom--
                            ``(i) one shall have knowledge and 
                        experience regarding commercial fishing in the 
                        Atlantic Ocean, Gulf of Mexico, or Caribbean 
                        Sea;
                            ``(ii) one shall have knowledge and 
                        experience regarding recreational fishing in 
                        the Atlantic Ocean, Gulf of Mexico, or 
                        Caribbean Sea; and
                            ``(iii) one shall have knowledge and 
                        experience in marine conservation, shall 
                        represent the public interest in marine 
                        conservation and non-consumptive uses of the 
                        Atlantic Ocean, Gulf of Mexico, and Carribean 
                        Sea.
            ``(2) Term of appointment.--
                    ``(A) Length of term.--The term of a Commissioner 
                appointed under paragraph (1) shall be three years.
                    ``(B) Consecutive terms.--No individual appointed 
                under paragraph (1) shall serve more than two 
                consecutive terms as Commissioner.
                    ``(C) Pleasure of the president.--Each Commissioner 
                appointed under paragraph (1) shall serve at the 
                pleasure of the President.
            ``(3) Representation of the united states.--
                    ``(A) In general.--At meetings of the Commission, 
                Council, any Panel, or any other function as provided 
                for in the Convention, the United States shall be 
                represented by the Commissioner described in paragraph 
                (1)(A) and two Commissioners described in paragraph 
                (1)(B).
                    ``(B) Procedures for rotation.-- The Secretary of 
                State, in consultation with the Secretary, shall 
                establish procedures under which the Commissioners 
                appointed described in paragraph (1)(B) rotate in 
                representing the United States to the Commission.
                    ``(C) Right to participation.--Each Commissioner 
                appointed under paragraph (1) may--
                            ``(i) attend all meetings of the 
                        Commission, Council, any Panel, or any other 
                        function as provided for in the Convention; and
                            ``(ii) participate fully in all United 
                        States preparatory activity for any activity 
                        relating to the Convention.''.
    (b) Regulation May Not Decrease Allocation or Quota.--Section 
6(c)(3) of such Act (16 U.S.C. 971d(c)(3)) is amended by striking ``or 
decreasing''.

SEC. 602. CONSERVATION COMMISSIONER TO THE WESTERN AND CENTRAL PACIFIC 
              FISHERIES CONVENTION.

    Section 503(a) of the Western and Central Pacific Fisheries 
Convention Implementation Act (16 U.S.C. 6902(a)) is amended to read as 
follows:
    ``(a) In General.--
            ``(1) Appointment.--The United States shall be represented 
        on the Commission by 5 United States Commissioners. The 
        President shall appoint individuals to serve on the Commission 
        at the pleasure of the President. In making the appointments, 
        the President shall select Commissioners from among individuals 
        who are knowledgeable or experienced concerning highly 
        migratory fish stocks and commercial fishing in the Western and 
        Central Pacific Ocean--
                    ``(A) one of whom shall be an officer or employee 
                of the Department of Commerce;
                    ``(B) one of whom shall be the chairman or a member 
                of the Western Pacific Fishery Management Council;
                    ``(C) one of whom shall be the chairman or a member 
                of the Pacific Fishery Management Council; and
                    ``(D) one of whom shall be an individual with 
                knowledge and experience in marine conservation who 
                shall represent the public interest in marine 
                conservation and non-consumptive uses of the Western 
                and Central Pacific Ocean.
            ``(2) Rules of procedure.--The Commissioners shall be 
        entitled to adopt such rules of procedures as they find 
        necessary and to select a chairman from among members who are 
        officers or employees of the United States Government.''.

SEC. 603. CONSERVATION COMMISSIONER TO THE INTER-AMERICAN TROPICAL TUNA 
              COMMISSION.

    Section 3(a) of the Tuna Conventions Act of 1950 (16 U.S.C. 952) is 
amended to read as follows:
    ``(a) Commissioners.--
            ``(1) Appointment.--The President shall appoint four 
        individuals to represent the United States on the Commission.
            ``(2) Removal.--The Commissioners appointed under paragraph 
        (1) shall be subject to supervision and removal by the 
        Secretary of State, in consultation with the Secretary.
            ``(3) Qualifications.--In making an appointment under 
        paragraph (1), the President shall select Commissioners from 
        among individuals who are knowledgeable or experienced 
        concerning highly migratory fish stocks in the eastern tropical 
        Pacific Ocean--
                    ``(A) one of whom shall be an officer or employee 
                of the Department of Commerce; and
                    ``(B) one of whom shall be a an individual with 
                knowledge and experience in marine conservation, and 
                who shall represent the public interest in marine 
                conservation and non-consumptive uses of the eastern 
                tropical Pacific Ocean.
            ``(4) Limitation on appointments.--The President may not 
        appoint more than two Commissioners under paragraph (1) who 
        reside in a State other than a State whose vessels maintain a 
        substantial fishery in the area of the Convention.''.

SEC. 604. APPLICATION OF ANNUAL CATCH LIMIT AND ACCOUNTABILITY MEASURES 
              REQUIREMENT.

    Section 104(b) of the Magnuson-Stevens Fishery Conservation and 
Management Reauthorization Act of 2006 (16 U.S.C. 1853 note) is amended 
to read as follows:
    ``(b) Effective Dates; Application to Certain Species.--The 
amendment made by subsection (a)(10)--
            ``(1) except as provided in paragraph (2), shall apply to 
        any management plan for a stock of fish prepared by any Council 
        or the Secretary, including a management plan governing a stock 
        of fish managed under an international agreement in which the 
        United States participates; and
            ``(2) shall not apply to a management plan for a stock of 
        fish for a species that has a life cycle of approximately 1 
        year unless the Secretary has determined such stock of fish is 
        subject to overfishing with respect to such species; and
            ``(3) shall not limit or otherwise affect the requirements 
        of section 301(a)(1) or 304(e) of the Magnuson Stevens Fishery 
        Conservation and Management Act.''.

SEC. 605. 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 2023, $698,142,000.
            (2) For fiscal year 2024, $714,200,000.
            (3) For fiscal year 2025, $730,626,000.
            (4) For fiscal year 2026, $747,431,000.
            (5) For fiscal year 2027, $764,621,000.
            (6) For fiscal year 2028, $782,207,000.
                                                 Union Calendar No. 502

117th CONGRESS

  2d Session

                               H. R. 4690

                      [Report No. 117-685, Part I]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           December 30, 2022

   Reported from the Committee on Natural Resources with an amendment

                           December 30, 2022

Committee on Agriculture discharged; committed to the Committee of the 
    Whole House on the State of the Union and ordered to be printed