[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3718 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 3718
To reauthorize and amend the Magnuson-Stevens Fishery Conservation and
Management Act, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 4, 2025
Mr. Huffman (for himself, Mr. Moylan, and Mr. Case) introduced the
following bill; which was referred to the Committee on Natural
Resources, and in addition to the Committee on Agriculture, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To reauthorize and amend the Magnuson-Stevens Fishery Conservation and
Management Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sustaining America's Fisheries for
the Future Act of 2025''.
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 neutral language.
Sec. 6. Conforming amendments to table of contents of Magnuson-Stevens
Fishery Conservation and Management Act.
TITLE I--CLIMATE-READY FISHERIES
Sec. 101. Findings, purposes, 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 of fish.
Sec. 106. Emerging fisheries.
Sec. 107. Report regarding inshore and shallow water mobile gear
fishing.
TITLE II--SUPPORTING FISHING COMMUNITIES
Sec. 201. Subsistence fishing.
Sec. 202. Working Waterfronts Grant Program.
Sec. 203. Seafood marketing.
Sec. 204. Community participation in limited access privilege programs.
Sec. 205. Findings.
TITLE III--STRENGTHENING PUBLIC PROCESS AND TRANSPARENCY
Sec. 301. Tribal representation on Pacific Fishery Management Council.
Sec. 302. Tribal representation on 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. Council staff and administration.
Sec. 308. 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 Atlantic Tunas Convention.
Sec. 602. Conservation Commissioner of Western and Central Pacific
Fisheries Convention.
Sec. 603. Conservation Commissioner of 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, 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 a 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) Council.--The term ``Council'' has the meaning given
the term in section 3 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 5. GENDER NEUTRAL 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) Section 201(e)(1)(D) (16 U.S.C. 1821(e)(1)(D)) is amended by
striking ``he'' and inserting ``such Secretary''.
(e) Section 201(i) (16 U.S.C. 1821(i)) is amended by striking
``his'' and inserting ``such Governor's''.
(f) Section 203(c)(5)(C) (16 U.S.C. 1823(c)(5)(C)) is amended by
striking ``his'' and inserting ``the minority leader's''.
(g) 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''.
(h) 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''.
(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 TABLE OF CONTENTS OF 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 stocks of fish 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, PURPOSES, 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) inadequate fishery resource conservation and
management practices and controls;
``(C) direct and indirect habitat losses that
result 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 striking ``to insure
conservation,'' and inserting ``to ensure conservation,
to account for the impacts of environmental changes on
stocks of fish,'';
(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.''; and
(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 stocks of fish 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 of fish to rebuild, regardless of
the cause of depletion.'';
(2) in subsection (b), by amending paragraph (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'' 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 include indigenous, insular, and coastal
populations in decisionmaking and promote 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)--
(A) by striking ``and'' before ``to protect''; and
(B) by inserting ``, and to promote the resilience
of stocks of fish 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
``2025'', 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) in paragraph (15), by striking the period at the end
and inserting a semicolon; 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 such impacts, and a summary of the
information used in such assessment; and
``(17) describe and identify the current range and
distribution of, and fishing patterns on, each stock of fish
managed under the plan, including areas outside the
jurisdiction of the Council having authority to issue the plan,
and for each stock of fish the distribution of which crosses
management boundaries, describe the measures used to coordinate
with other relevant management bodies for the conservation and
management of each such stock of fish.''.
(b) Increasing Resilience of Stocks of Fish to Climate Change.--
Title III (16 U.S.C. 1851 et seq.) is amended by adding at the end the
following:
``SEC. 322. INCREASING RESILIENCE OF STOCKS OF FISH TO CLIMATE CHANGE.
``(a) Vulnerability Assessment.--Not later than 3 years after the
date of the enactment of the Sustaining America's Fisheries for the
Future Act of 2025, and every 5 years thereafter, the Secretary shall--
``(1) assess the vulnerability of stocks of fish within the
geographical area of authority of each Council to climate
change;
``(2) notify each Council of the vulnerability of stocks of
fish within such geographical area; and
``(3) make recommendations to each Council for measures to
increase the resilience of stocks of fish within such
geographical area identified as vulnerable to climate change.
``(b) Council Prioritization Plans.--
``(1) In general.--Not later than 1 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 stocks of fish identified as
vulnerable to climate change and begin implementing such
management actions.
``(2) Highly migratory species.--With respect to stocks of
fish managed under section 302(a)(3), not later than 1 year
after issuing a notification under subsection (a), the
Secretary shall publish a plan identifying management actions
to increase resilience of such stocks of fish 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
the enactment of the Sustaining America's Fisheries for the Future Act
of 2025, and every 5 years thereafter, the Secretary shall submit to
Congress a report--
``(1) describing the vulnerability of stocks of fish to
climate change;
``(2) identifying the risks posed by climate change to the
conservation and management of stocks of fish; 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 stocks of fish.''.
(c) Guidance for Councils.--Section 305 (16 U.S.C. 1855) is amended
by adding at the end the following:
``(l) Guidance.--Not later than 2 years after the date of the
enactment of the Sustaining America's Fisheries for the Future Act of
2025, 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 stocks of fish under the geographical
area of authority of each Council.''.
(d) Effective Date.--The amendments made by subsection (a) shall
take effect on the date that is 4 years after the date of the enactment
of this section.
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 relevant impacts of
climate change on fisheries health, range, and other
factors that would affect the conservation and
management of a stock of fish;'';
(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) In General.--Not later than 1 year after the date of the
enactment of this section, 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.
(b) Duties.--In carrying out the program established under
subsection (a), 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 Councils;
(4) provide information and outreach to the private and
academic sectors 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 and encourage adoption
and use of tools and approaches developed under the program.
(c) Coordination of Program.--
(1) In general.--In carrying out the program established
under subsection (a), 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 Councils;
(C) the scientific and statistical committees of
the Councils; and
(D) the heads of other relevant programs, including
the cooperative research and management program
established under section 318 (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) Identification of research priorities.--
(A) In general.--Coordination carried out under
paragraph (1) 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
priorities.
(B) Review.--The Administrator, in coordination
with the entities described in subparagraphs (A)
through (D) of paragraph (1), should routinely review
the priorities identified under subparagraph (A) in a
timeframe not to exceed 5 years and updated as
necessary.
(d) 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 2026 through 2030.
SEC. 105. MANAGING SHIFTING STOCKS OF FISH.
(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 1 Council.--
``(1) Secretarial review of areas of authority.--The
Secretary shall review the geographical area of authority of
each Council 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 federally managed fishery is located in the
geographical area of authority of more than 1 Council, the
Secretary shall, not later than 6 months after making such
determination--
``(A) designate 1 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 designated Council or Councils 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 of such fishery located in the
geographical area of authority of more than 1 Council.
``(B) Termination.--
``(i) In general.--If the Secretary
determines under subparagraph (A) that a
fishery described in paragraph (2) no longer
has a substantial portion of such fishery
located in the geographical area of authority
of more than 1 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 federally
managed fishery is located in the geographical area of
authority of more than 1 Council.
``(6) Establishment of boundaries.--The Secretary shall
establish the boundaries between the geographical 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 does 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 the
enactment of this section, 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 stock of fish;
(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) in 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 2 years after the date of the
enactment of the Sustaining America's Fisheries for the Future
Act of 2025, 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 published 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 such
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 evaluation
of the Secretary of, the fishing activity are included
in any fishery management plan or amendment that is
prepared for management of the fishing activity.
``(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.''.
SEC. 107. REPORT REGARDING INSHORE AND SHALLOW WATER MOBILE GEAR
FISHING.
Not later than 1 year after the date of the enactment of this
title, the Secretary shall conduct a study and submit to Congress, the
Councils, State fisheries managers, and the regional Marine Fisheries
Commissions a report regarding the effects of inshore and shallow water
mobile gear fishing on habitat and nontarget species and the effects it
has between interstate boundaries and Federal and State waters.
TITLE II--SUPPORTING FISHING COMMUNITIES
SEC. 201. 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 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. 202. WORKING WATERFRONTS GRANT PROGRAM.
The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is
amended by inserting after section 306A of that Act (16 U.S.C. 1455a)
the following:
``SEC. 306B. WORKING WATERFRONTS.
``(a) Task Force.--
``(1) In general.--The Secretary shall establish a task
force to work directly with covered entities, users of working
waterfronts, and coastal stakeholders to identify and address
critical needs with respect to working waterfronts.
``(2) Membership.--The Secretary shall appoint members of
the Task Force, and shall include--
``(A) experts in the unique economic, social,
cultural, ecological, geographic, and resource concerns
of working waterfronts; and
``(B) representatives from--
``(i) the Office of Coastal Management of
the National Oceanic and Atmospheric
Administration;
``(ii) the United States Fish and Wildlife
Service;
``(iii) the Department of Agriculture;
``(iv) the Environmental Protection Agency;
``(v) the United States Geological Survey;
``(vi) the Department of the Navy;
``(vii) the National Marine Fisheries
Service;
``(viii) the Economic Development
Administration;
``(ix) such other Federal agencies as the
Secretary determines appropriate;
``(x) Indian Tribes; and
``(xi) Native Hawaiian organizations.
``(3) Functions.--The Task Force shall--
``(A) identify and prioritize critical needs with
respect to working waterfronts in coastal states that
have a management program approved under section 306,
in the areas of--
``(i) economic and cultural importance of
such working waterfronts to communities;
``(ii) changing circumstances and threats
such working waterfronts face from trade
barriers and environmental changes, including
sea level rise, extreme weather events, ocean
acidification, and harmful algal blooms; and
``(iii) identifying such working
waterfronts and highlighting them within
communities;
``(B) outline options, in consultation with coastal
states and coastal stakeholders, to address each
critical need identified under subparagraph (A),
including adaptation and mitigation options where
applicable;
``(C) identify which Federal agency is responsible
for addressing each critical need identified under
subparagraph (A); and
``(D) recommend which Federal agency is best suited
to address each critical need identified under
subparagraph (A) for which no responsible Federal
agency is identified under subparagraph (C).
``(4) Report.--Not later than 18 months after the date of
the enactment of this section, the Task Force shall submit to
Congress a report regarding the findings of the Task Force
under this subsection.
``(5) Implementation.--Not later than 30 months after the
date of the enactment of this section, the head of each Federal
agency identified under paragraph (3)(C) shall, to the extent
practicable and subject to the availability of appropriations,
implement the options outlined under paragraph (3)(B).
``(b) Working Waterfronts Plan.--
``(1) In general.--A covered entity may submit to the
Secretary a working waterfronts plan for approval under this
subsection, which, as applicable and with respect to the
covered entity--
``(A) shall--
``(i) provide for the preservation and
expansion of access to coastal waters by
coastal users;
``(ii) be complementary to and incorporate
the policies, objectives, and regulations of
regional and local working waterfronts plans or
strategies in effect before the date of the
enactment of this section;
``(iii) be developed through a process
that--
``(I) ensures the involvement of
coastal stakeholders; and
``(II) is consistent with other
coastal management programs,
regulations, and activities of the
covered entity;
``(iv) designate each qualified holder of
the covered entity, if any;
``(v) if the covered entity designates a
qualified holder under clause (iv)--
``(I) ensure that such qualified
holder complies with the duty of a
qualified holder to enforce each
working waterfront covenant to which
the qualified holder is a party; and
``(II) certify that the covered
entity retains the responsibility to
ensure that each affected working
waterfront is managed in a manner that
is consistent with the working
waterfronts plan of the covered entity;
and
``(vi) include--
``(I) an assessment of the
economic, social, cultural, and
historical value of working
waterfronts;
``(II) a description of any
relevant non-Federal laws and
regulations that affect working
waterfronts in the geographic areas
identified under subclauses (III) and
(IV);
``(III) an identification of
geographic areas where working
waterfronts are, as of the date of the
enactment of this subsection, under
threat of conversion to uses
incompatible with commercial and
recreational fishing, recreational
fishing and boating businesses,
aquaculture, boatbuilding, or other
water-dependent, coastal-related
business, and the level of that threat;
``(IV) an identification of
geographic areas with a historical
connection to working waterfronts where
working waterfronts are not, as of the
date of the enactment of this section,
available, and, where appropriate, an
assessment of the environmental impacts
of any expansion or new development of
working waterfronts on the coastal
ecosystems of such geographic areas;
``(V) an identification of
additional working waterfronts needs,
including improvements to existing
working waterfronts;
``(VI) a strategic and prioritized
plan for the preservation, expansion,
and improvement of each relevant
working waterfront;
``(VII) for geographic areas
identified under subclauses (III) and
(IV), an identification of the current
availability and potential for
expansion of public access to coastal
waters in such geographic areas;
``(VIII) a description of the
degree of community support for the
plan included under subclause (VI); and
``(IX) a contingency plan for any
property that reverts to the covered
entity pursuant to a determination made
by the covered entity under subsection
(c)(11)(B); and
``(B) may--
``(i) be developed using existing
information contained in relevant surveys,
plans, or other documents to fulfill the
information requirements under this paragraph;
``(ii) include a vulnerability assessment,
hazards resilience plan, or identification of
waterfront properties exposed to sea level rise
or inundation; and
``(iii) be part of a management program
approved under section 306.
``(2) Duration of approval.--
``(A) In general.--A working waterfronts plan
approved by the Secretary under this subsection shall
be effective during the 5-year period beginning on the
date of such approval.
``(B) Maintenance of approval.--An eligible covered
entity that participates in the grant program on the
basis of an approved working waterfronts plan of that
eligible covered entity shall resubmit such working
waterfronts plan for approval by the Secretary before
the end of each 5-year period described in subparagraph
(A).
``(c) Working Waterfronts Grant Program.--
``(1) In general.--The Secretary shall, in consultation
with covered entities, Federal agencies the Secretary
determines appropriate, and interested coastal stakeholders
with expertise in working waterfronts planning, establish a
regionally equitable and competitive grant program, to be known
as the `Working Waterfronts Grant Program'.
``(2) Uses.--The Secretary may award grants under this
subsection to eligible covered entities--
``(A) to implement or revise an approved working
waterfronts plan of such eligible covered entity,
including--
``(i) acquiring a working waterfront or an
interest in a working waterfront;
``(ii) making improvements to a working
waterfront, including constructing or repairing
wharfs, boat ramps, or related facilities; or
``(iii) carrying out necessary climate
adaptation mitigation activities for a working
waterfront; or
``(B) to develop a working waterfronts plan of such
eligible covered entity under subsection (b).
``(3) Application.--
``(A) In general.--To be eligible for a grant under
this subsection, an eligible covered entity shall
submit an application to the Secretary--
``(i) that, if applicable, is consistent
with the management program of the eligible
covered entity approved under section 306; and
``(ii) in such form, at such time, and
containing such information as the Secretary
determines appropriate.
``(B) Deadline.--Not later than 60 days after the
date on which the Secretary receives an application for
a grant under this paragraph, the Secretary shall
approve or reject such application.
``(4) Guidelines.--The Secretary shall, in consultation
with the entities described in paragraph (1), issue guidelines
regarding the implementation of the grant program.
``(5) Criteria.--In awarding a grant to an eligible covered
entity, the Secretary shall take into account the following
criteria:
``(A) The economic, cultural, and historical
significance of working waterfronts to the eligible
covered entity.
``(B) The demonstrated working waterfronts needs of
the eligible covered entity, as described in the
approved working waterfronts plan of the eligible
covered entity, if any.
``(C) The ability of the eligible covered entity to
meet the matching requirement under paragraph (10).
``(D) The potential for rapid turnover in the
ownership of relevant working waterfronts, and, if
applicable, the need for the eligible covered entity to
respond quickly when property in an existing or
potential working waterfront area or public access
area, as identified in the approved working waterfronts
plan of the eligible covered entity, if any, comes
under threat of conversion to incompatible uses or
becomes available for purchase.
``(E) As applicable, the impact of the approved
working waterfronts plan of the eligible covered
entity, if any, on the coastal ecosystem and working
waterfronts of the eligible covered entity and the
users of the coastal ecosystem of the eligible covered
entity.
``(6) Other technical and financial assistance.--
``(A) In general.--Upon the request of an eligible
covered entity that is awarded a grant under this
subsection, the Secretary shall provide to such
eligible covered entity technical assistance--
``(i) to identify and obtain sources of
Federal technical or financial assistance other
than that provided under this subsection to
develop a working waterfronts plan for approval
under subsection (b) or to implement or revise
an approved working waterfronts plan;
``(ii) to develop a working waterfronts
plan for approval under subsection (b);
``(iii) to implement or revise an approved
working waterfronts plan;
``(iv) to integrate resilience planning
into working waterfronts preservation efforts
of such eligible covered entity;
``(v) to develop additional tools to
protect working waterfronts;
``(vi) regarding guidance for best storm
water management practices with regard to
working waterfronts; or
``(vii) to collect and disseminate best
practices regarding working waterfronts and
resilience planning.
``(B) Limitation.--The Secretary may use not more
than 5 percent of the amounts made available under this
subsection in each fiscal year to provide technical
assistance under this paragraph.
``(7) Public access requirement.--A project carried out
with a grant awarded under this subsection, other than a
project that involves commercial fishing or other industrial
access points to which the eligible covered entity determines
public access would be unsafe, shall provide for the expansion,
improvement, or preservation of reasonable and appropriate
public access to coastal waters at or in the vicinity of
working waterfronts.
``(8) Limitation on acquisition.--An eligible covered
entity that is awarded a grant under this subsection, or any
entity to which such eligible covered entity allocates a
portion of such grant under paragraph (9), may use such grant
award to acquire title to or an interest in a working
waterfront, including an easement, only--
``(A) for fair market value from a willing seller;
or
``(B) for less than fair market value from a seller
that certifies to the Secretary that the seller is
willing and is not subject to coercion.
``(9) Allocation.--
``(A) In general.--An eligible covered entity that
is awarded a grant under this subsection may allocate a
portion of such grant award to a unit of State or local
government, a nonprofit organization, a fishing
cooperative, or any other appropriate entity for the
purpose of carrying out this subsection if such
eligible covered entity ensures that any such allocated
grant award is used consistently with this subsection.
``(B) Identified working waterfronts.--The
Secretary shall encourage each eligible covered entity
that is awarded a grant under this subsection to
equitably allocate such grant award among working
waterfronts identified in the approved working
waterfronts plan of each such eligible covered entity,
if any.
``(10) Matching requirement.--
``(A) In general.--Except as provided in
subparagraph (B), the Federal share of a project
carried out with a grant awarded under this subsection
may not exceed 75 percent.
``(B) Waiver of matching requirement.--The
Secretary may waive the application of subparagraph
(A)--
``(i) with respect to an eligible covered
entity that is awarded a grant under this
subsection that has designated a qualified
holder that is located within--
``(I) a disadvantaged community; or
``(II) 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
``(ii) for any other reason the Secretary
determines appropriate.
``(C) Non-federal share.--An eligible covered
entity that is awarded a grant under this subsection
may satisfy the non-Federal share of a project carried
out with a grant awarded under this subsection through
in-kind contributions and other noncash support,
including the following:
``(i) The value, as determined by an
appraisal performed at such time before the
award of the grant as the Secretary determines
appropriate, of a working waterfront or an
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 in a working
waterfront--
``(I) is identified in the grant
application; and
``(II) is acquired by the qualified
holder not later than 3 years after--
``(aa) the grant award
date; or
``(bb) the date of the
submission of such application
and before the end of the
initial 5-year period for which
the approved working
waterfronts plan associated
with the grant application, if
any, is effective.
``(ii) The costs, including cash or in-kind
contributions, associated with the acquisition,
restoration, or enhancement of, or making other
improvements to, a working waterfront or an
interest in a working waterfront, if--
``(I) such costs are identified in
the grant application; and
``(II) the costs are incurred--
``(aa) before the end of
the initial 5-year period for
which the approved working
waterfronts plan associated
with the grant application, if
any, is effective; or
``(bb) for working
waterfronts described in clause
(i), within the time limits
described in that clause.
``(11) Working waterfront covenants.--
``(A) In general.--An eligible covered entity that
is awarded a grant under this subsection may use such
grant award with respect to a working waterfront only
for which each person other than the eligible covered
entity that holds title to or an interest in such
working waterfront enters into a working waterfront
covenant.
``(B) Violation.--
``(i) In general.--An eligible covered
entity may determine, on the record after an
opportunity for a hearing, that a working
waterfront covenant of the eligible covered
entity has been violated.
``(ii) Reversion; conveyance; right of
immediate entry.--If an eligible covered entity
makes a determination under clause (i) that a
violation described under that clause has
occurred--
``(I) all right, title, and
interest in and to the working
waterfront covered by the violated
working waterfront covenant shall
revert to the eligible covered entity;
``(II) the eligible covered entity
may convey the working waterfront or
interest in the working waterfront to a
qualified holder; and
``(III) the eligible covered entity
shall have the right of immediate entry
onto the working waterfront covered by
the violated working waterfront
covenant.
``(12) Terms and conditions.--The Secretary shall subject
each grant awarded under this subsection to such terms and
conditions as the Secretary determines appropriate to ensure
that each such grant is used for purposes consistent with this
section.
``(13) Report.--
``(A) In general.--The Secretary shall biennially
submit to Congress a report regarding the
implementation of this subsection, which shall
include--
``(i) an evaluation, based on performance
measures developed by the Secretary, of the
effectiveness of the grant program in
accomplishing the purposes of this subsection;
``(ii) an account of all expenditures under
this subsection; and
``(iii) descriptions of each project
carried out using a grant awarded under this
section.
``(B) Alternative manner of submission.--The
Secretary may submit each report required under
subparagraph (A) by including the information required
under that subparagraph in each report required under
section 316.
``(14) Administrative expenses.--The Secretary may use not
more than 5 percent of the amounts made available under this
subsection in each fiscal year to pay the administrative
expenses necessary to carry out this subsection.
``(15) Authorization of appropriations.--There is
authorized to be appropriated to the Secretary to carry out
this subsection $50,000,000 for each of fiscal years 2026
through 2030.
``(d) Definitions.--In this section:
``(1) Approved working waterfronts plan.--The term
`approved working waterfronts plan' means a working waterfronts
plan that is approved by the Secretary under subsection (b).
``(2) Coastal indian tribe.--The term `coastal Indian
Tribe' means an Indian Tribe with respect to which land owned
by the Indian Tribe, held in trust by the United States for the
Indian Tribe, or held by the Indian Tribe and subject to
restrictions on alienation imposed by the United States or the
reservation of the Indian Tribe is located within a coastal
state.
``(3) Coastal users.--The term `coastal users' means--
``(A) persons that engage in commercial or
recreational fishing;
``(B) recreational fishing and boating businesses;
and
``(C) boatbuilding, aquaculture, and other water-
dependent, coastal-related businesses.
``(4) Covered entity.--The term `covered entity' means--
``(A) a coastal state;
``(B) a coastal Indian Tribe; or
``(C) a Native Hawaiian organization.
``(5) Eligible covered entity.--The term `eligible covered
entity' means a covered entity that--
``(A) has an approved working waterfronts plan;
``(B) is in the process of developing a working
waterfronts plan for approval under subsection (b); or
``(C) has a coastal land use plan that the
Secretary determines is sufficient for the purposes of
this section.
``(6) Grant program.--The term `grant program' means the
grant program established under subsection (c).
``(7) Indian tribe.--The term `Indian Tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(8) Native hawaiian organization.--The term `Native
Hawaiian organization' means a nonprofit organization--
``(A) that serves the interests of Native
Hawaiians;
``(B) in which Native Hawaiians serve in
substantive and policymaking positions;
``(C) that is recognized for having expertise in
Native Hawaiian culture and heritage, including
tourism; and
``(D) is located within a coastal state.
``(9) Qualified holder.--The term `qualified holder'
means--
``(A) a unit of local government of a covered
entity, if the covered entity is a coastal state; or
``(B) a nonprofit organization;
that is designated by a covered entity in the approved working
waterfronts plan of the covered entity to carry out some or all
of the functions of the covered entity under the grant program
if the covered entity applies for and is awarded a grant under
the grant program, including holding title to or an interest in
a working waterfront acquired with a grant awarded under the
grant program.
``(10) Task force.--The term `Task Force' means the task
force established under subsection (a)(1).
``(11) Disadvantaged community.--The term `disadvantaged
community' means a community the Secretary determines, based on
appropriate data, indices, and screening tools, is
economically, socially, or environmentally disadvantaged.
``(12) Working waterfront.--The term `working waterfront'
means real property (including support structures over water
and other facilities) that--
``(A) provides access to coastal waters by coastal
users; and
``(B) is used for, or supports, commercial and
recreational fishing, recreational fishing and boating
businesses, boatbuilding, aquaculture, and other water-
dependent, coastal-related business.
``(13) Working waterfront covenant.--The term `working
waterfront covenant' means an agreement in recordable form
entered into between a person that holds title to or an
interest in a working waterfront and a covered entity that is
awarded a grant under the grant program or a qualified holder
of such covered entity that provides such assurances as the
Secretary determines necessary to ensure the following:
``(A) Except as provided in subparagraph (C), the
title to or interest in the working waterfront will be
held by an entity that is subject to such agreement in
perpetuity.
``(B) The working waterfront will be managed in a
manner that is consistent with the purposes of this
section, and the working waterfront will not be
converted to any use that is inconsistent with this
section.
``(C) If the title to or interest in the working
waterfront is subsequently sold or otherwise
exchanged--
``(i) each party involved in such sale or
exchange shall accede to such agreement; and
``(ii) funds equal to the fair market value
of the title to or interest in the working
waterfront shall be paid to the Secretary by
the parties to the sale or exchange, and such
funds shall be, at the discretion of the
Secretary, paid to the relevant covered entity
or a qualified holder of such covered entity
for use in the implementation of the approved
working waterfronts plan of the covered entity.
``(D) Such agreement shall be subject to
enforcement and oversight by the covered entity or by
another person as the Secretary determines appropriate.
``SEC. 306C. WORKING WATERFRONTS PRESERVATION LOAN FUND.
``(a) General Authority.--
``(1) Grants to eligible coastal states to establish
working waterfronts preservation loan funds.--
``(A) In general.--The Secretary may enter into an
agreement with an eligible coastal state to issue a
capitalization grant, including a letter of credit, to
such eligible coastal state to implement the approved
working waterfronts plan of such eligible coastal
state.
``(B) Establishment of working waterfronts
preservation loan funds.--
``(i) In general.--To be eligible to
receive a capitalization grant under this
subsection, an eligible coastal state shall
establish a working waterfronts preservation
loan fund.
``(ii) Deposit.--Each capitalization grant
made to an eligible coastal state under this
paragraph shall be deposited in the working
waterfronts preservation loan fund of such
eligible coastal state.
``(C) Extended period.--A capitalization grant made
to an eligible coastal state under this section shall
be available to the eligible coastal state for
obligation for a period of 2 fiscal years.
``(2) Use of funds.--
``(A) In general.--An eligible coastal state shall
use amounts deposited in the working waterfronts
preservation loan fund of such eligible coastal state,
including loan repayments and interest earned on such
amounts, to provide financial assistance described in
subsection (f) to a covered entity to implement the
approved working waterfronts plan of such eligible
coastal state through preservation, improvement,
restoration, rehabilitation, and acquisition of working
waterfronts pursuant to criteria established by the
Secretary.
``(B) Sale of bonds.--A covered entity may use
amounts received under this section as a source of
revenue (restricted solely to interest earnings of the
applicable working waterfronts preservation loan fund)
or security for payment of the principal and interest
on a revenue or general obligation bond issued by the
eligible coastal state to provide matching funds under
subsection (e) if the proceeds of the sale of the bond
will be deposited in the working waterfronts
preservation loan fund of such eligible coastal state.
``(C) No increased bonding authority.--Amounts
deposited in the working waterfronts preservation loan
fund of an eligible coastal state may not be used as a
source of payment of, or security for (directly or
indirectly), in whole or in part, any obligation the
interest on which is exempt from the tax imposed under
chapter 1 of the Internal Revenue Code of 1986.
``(3) Limitation.--An eligible coastal state may not
provide financial assistance described in subsection (f) to a
covered entity that does not have the technical, managerial,
and financial capability to ensure compliance with the
requirements of this section.
``(4) Prevailing wages.--The Secretary shall ensure
compliance with the provisions of the Act of March 3, 1931 (40
U.S.C. 3141 et seq.; commonly known as the `Davis-Bacon Act')
with respect to any construction project carried out in whole
or in part with financial assistance made available from a
working waterfronts preservation loan fund.
``(5) Reservation.--Each eligible coastal state that enters
into a capitalization agreement under paragraph (1) shall, each
fiscal year, reserve 0.2 percent of the amount in the working
waterfronts preservation loan fund of the eligible coastal
state to provide financial assistance described in subsection
(f) to an Indian Tribe or a Native Hawaiian organization.
``(b) Intended Use Plans.--
``(1) In general.--Each eligible coastal state that enters
into a capitalization agreement under subsection (a)(1) shall
annually prepare an intended use plan, subject to notice and an
opportunity for public comment, that identifies the intended
uses of the amounts available to the working waterfronts
preservation loan fund of the eligible coastal state.
``(2) Contents.--Each intended use plan prepared by an
eligible coastal state under paragraph (1) shall include, with
respect to the eligible coastal state--
``(A) a list of each project to be assisted with
amounts from the working waterfronts preservation loan
fund in the first fiscal year that begins after the
date such intended use plan is finalized, including,
with respect to each such project--
``(i) a description of the project;
``(ii) the expected terms of financial
assistance; and
``(iii) the size of the community served;
``(B) the criteria and methods established to
distribute amounts from the working waterfronts
preservation loan fund; and
``(C) a description of the financial status of the
working waterfronts preservation loan fund and the
short- and long-term goals of such working waterfronts
preservation loan fund.
``(c) Working Waterfronts Preservation Loan Fund Management.--
``(1) In general.--Each working waterfronts preservation
loan fund under this section shall be established, maintained,
and credited with repayments and interest and the fund corpus
shall be available in perpetuity to provide financial
assistance described in subsection (f) to covered entities
under this section.
``(2) Extra amounts.--To the extent amounts in a working
waterfronts preservation loan fund are not required for
obligation or expenditure, such amounts shall be invested in
interest-bearing obligations.
``(d) Assistance for Disadvantaged Communities.--
``(1) Loan subsidy.--
``(A) In general.--Notwithstanding any other
provision of this section, if an eligible coastal state
makes a loan to a disadvantaged community pursuant to
subsection (a)(2), the eligible coastal state may
provide additional subsidization to such disadvantaged
community, including--
``(i) forgiveness of principal;
``(ii) grants;
``(iii) negative interest loans;
``(iv) other loan forgiveness; and
``(v) through buying, refinancing, or
restructuring debt.
``(B) Exclusion.--A loan from a working waterfronts
preservation loan fund with an interest rate equal to
or greater than 0 percent shall not be considered
additional subsidization for the purposes of this
subsection.
``(2) Total amount of subsidies.--Of the amount of a
capitalization grant received by an eligible coastal state for
any fiscal year, the total amount of loan subsidies made by
such eligible coastal state pursuant to paragraph (1)--
``(A) may not exceed 35 percent; and
``(B) to the extent that there are, as determined
by the Secretary, sufficient applications from
disadvantaged communities for loans, may not be less
than 12 percent.
``(e) Eligible Coastal State Contribution.--Each capitalization
agreement entered into under subsection (a)(1) shall require that the
eligible coastal state subject to such agreement deposit in the working
waterfronts preservation loan fund of the eligible coastal state an
amount equal to not less than 20 percent of the total amount of the
capitalization grant to be made to the eligible coastal state on or
before the date on which the capitalization grant payment is made to
the eligible coastal state.
``(f) Types of Assistance.--The amounts deposited into a working
waterfronts preservation loan fund of an eligible coastal state under
this section may be used by the eligible coastal state--
``(1) to make a loan to a covered entity, on the condition
that--
``(A) the interest rate for the loan does not
exceed the market rate;
``(B) principal and interest payments on the loan
will commence not later than 18 months after completion
of the project for which the loan was made;
``(C) the loan will be fully amortized not later
than 30 years after the completion of the project,
except that in the case of a disadvantaged community an
eligible coastal state may provide an extended term for
the loan, if the extended term--
``(i) terminates not later than the date
that is 40 years after the completion of the
project; and
``(ii) does not exceed the expected design
life of the project;
``(D) the recipient of the loan will establish a
dedicated source of revenue (or, in the case of a
privately owned working waterfront property,
demonstrate that there is adequate security) for the
repayment of the loan; and
``(E) the working waterfronts preservation loan
fund of the eligible coastal state will be credited
with all payments of principal and interest on the
loan;
``(2) to buy or refinance the debt obligation of a
municipality or an intermunicipal or interstate agency within
the eligible coastal state at an interest rate that is less
than or equal to the market interest rate;
``(3) to guarantee, or purchase insurance for, a local
obligation (all of the proceeds of which finance a project
eligible for financial assistance under this section) if the
guarantee or purchase would improve credit market access or
reduce the interest rate applicable to the obligation;
``(4) as a source of revenue or security for the payment of
principal and interest on a revenue or general obligation bond
issued by the eligible coastal state if the proceeds of the
sale of the bond will be deposited into the working waterfronts
preservation loan fund of the eligible coastal state; or
``(5) to earn interest on the amounts deposited into the
working waterfronts preservation loan fund of the eligible
coastal state.
``(g) Administration of Working Waterfronts Preservation Loan
Funds.--
``(1) Combined financial administration.--Notwithstanding
subsection (c), an eligible coastal state may combine the
financial administration of a working waterfronts preservation
loan fund of the eligible coastal state with the financial
administration of any other revolving fund established by the
eligible coastal state if the Secretary determines that the
capitalization grants made under this section, together with
loan repayments and interest, will be separately accounted for
and used solely for the purposes specified in subsection (a).
``(2) Cost of administering working waterfronts
preservation loan fund.--
``(A) In general.--For each fiscal year, an
eligible coastal state may use the amount described in
subparagraph (B)--
``(i) to cover the reasonable costs of
administration of the programs under this
section, including the recovery of reasonable
costs expended to establish a working
waterfronts preservation loan fund that are
incurred after the date of the enactment of
this section; and
``(ii) to provide technical assistance to
working waterfronts projects carried out within
the eligible coastal state.
``(B) Description of amount.--The amount referred
to in subparagraph (A) is an amount equal to the sum
of--
``(i) the amount of any fees collected by
the eligible coastal state for use in
accordance with subparagraph (A)(i), regardless
of the source; and
``(ii) the greater of--
``(I) $400,000;
``(II) 0.2 percent of the current
valuation of the working waterfronts
preservation loan fund of the eligible
coastal state; or
``(III) an amount equal to 4
percent of all grant awards made to the
working waterfronts preservation loan
fund of the eligible coastal state
under this section for the fiscal year.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $50,000,000 for
each of fiscal years 2026 through 2030.
``(i) Definitions.--In this section:
``(1) Approved working waterfronts plan.--The term
`approved working waterfronts plan' has the meaning given the
term in section 306B.
``(2) Covered entity.--The term `covered entity' means--
``(A) a State agency;
``(B) an Indian Tribe;
``(C) a Native Hawaiian organization;
``(D) a local government; or
``(E) a nonprofit organization.
``(3) Disadvantaged community.--The term `disadvantaged
community' has the meaning given the term in section 306B.
``(4) Eligible coastal state.--The term `eligible coastal
state' means a coastal state that has an approved working
waterfronts plan.
``(5) Working waterfront.--The term `working waterfront'
has the meaning given the term in section 306B.
``(6) Working waterfronts preservation loan fund.--The term
`working waterfronts preservation loan fund' means a revolving
loan fund established under this section for the preservation
of working waterfronts.''.
SEC. 203. SEAFOOD MARKETING.
(a) Outreach Plan.--The Secretary of Agriculture, in conjunction
with the Administrator, shall develop an outreach plan to expand
outreach by the Department of Agriculture to fishing industry
stakeholders to increase awareness of and assist with the use of
programs in the Agricultural Marketing Service by such stakeholders.
(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 the
enactment of this section--
(1) the Secretary of Agriculture, in conjunction with the
Administrator, shall submit a report to Congress regarding the
outreach plan developed under subsection (a); and
(2) the Administrator shall submit to Congress a report
regarding the findings of the study conducted under subsection
(b).
SEC. 204. 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'';
(B) in subparagraph (J), by striking ``and'' at the
end;
(C) in subparagraph (K), by striking the period at
the end and inserting ``; and''; and
(D) 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 management area of the relevant Council;
``(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 relevant 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 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 that lack 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 the enactment of the Sustaining
America's Fisheries for the Future Act of 2025
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 in each
year from 2020 through 2025.
(B) The amount of harvest privileges or
transferable quota that were leased to other parties or
entities in each year from 2020 through 2025.
(C) The names of each corporation, partnership, or
other authorized entity that, at the time such audit is
conducted, hold harvesting privileges or transferable
quota in Federal fisheries.
(D) The proportion of transferable quota holders
(including both individuals and authorized entities)
that, at the time such audit is conducted, 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, at the time such audit is
conducted, leasing is occurring.
(3) Additional requirements.--In addition to the
requirements under paragraph (2), the audit required under
paragraph (1) shall--
(A) evaluate the performance of the Secretary in
overseeing limited access privilege programs in
accordance with section 303A(c)(1)(J) (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 1 year after
the date of the enactment of the Sustaining America's Fisheries
for the Future Act of 2025, the inspector general of the
Department of Commerce 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 of the Department of Commerce shall submit to Congress
a final report setting forth the results of the audit conducted
under paragraph (1).
SEC. 205. 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 the
economies of such areas have been badly damaged by the
overfishing of fishery resources; ensuring the sustainable use
of fishery resources is essential to the economic well-being of
such areas.''.
TITLE III--STRENGTHENING PUBLIC PROCESS AND TRANSPARENCY
SEC. 301. TRIBAL REPRESENTATION ON 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 ``not less than 3'';
and
(2) by adding at the end the following:
``(E) 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) (16 U.S.C. 1852(b)(3))
is amended by striking ``paragraphs (2) and (5)'' and inserting
``paragraph (2)''.
SEC. 302. TRIBAL REPRESENTATION ON NORTH PACIFIC FISHERY MANAGEMENT
COUNCIL.
(a) In General.--Section 302 (16 U.S.C. 1852) is amended--
(1) in subsection (a)(1)(G)--
(A) by striking ``seward'' and inserting
``seaward'';
(B) by striking ``11'' and inserting ``13''; and
(C) by inserting before the period at the end ``and
2 appointed by the Secretary in accordance with
subsection (b)(6)'';
(2) in subsection (b)--
(A) in paragraph (1)(C), by striking ``paragraphs
(2) and (5)'' and inserting ``paragraphs (2), (5), and
(6)'';
(B) by redesignating paragraph (6) as paragraph
(7);
(C) by inserting after paragraph (5) the following:
``(6)(A) The Secretary, in accordance with subparagraph
(C), shall appoint to the North Pacific Council 2 individuals
to serve as representatives of covered Indian tribes from a
list submitted by the tribal governments.
``(B) 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 subparagraph (A).
``(C) An individual is qualified for appointment to the
North Pacific Council under subparagraph (A) if such
individual--
``(i) possesses knowledge of--
``(I) the anadromous fish of the North
Pacific Council region;
``(II) the marine resources managed by such
Council;
``(III) the effects of the actions of such
Council on such resources;
``(IV) the subsistence uses, customs, and
traditions relating to such resources; and
``(V) commercial and sport uses of the fish
described in subclause (I) and such resources;
or
``(ii) demonstrates leadership through involvement
in local, regional, or tribal fish and wildlife
management or conservation organizations.
``(D) Representation shall be rotated among affected tribal
regions, taking into consideration--
``(i) the qualifications of the individuals on the
list submitted under subparagraph (A);
``(ii) the degree to which the Indian tribes
located within the North Pacific Council region are
dependent on anadromous fish and marine resources
within such region and the effects of the actions of
such Council on such resources; and
``(iii) the geographic area within which the tribe
of the representative is located.
``(E) An individual appointed under subparagraph (A) may
designate as an alternate an individual knowledgeable with
respect to tribal rights and fishing practicies, Indigenous
traditional knowledge, tribal law, and the marine resources
managed by the North Pacific Council.
``(F) 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 that subparagraph.
``(G) In this paragraph, the term `covered Indian tribe'
means an Indian tribe in Alaska that is identified (including
parenthetically) on the most current list published by the
Secretary under section 104 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 5131).''; and
(D) in paragraph (7), as so redesignated, by
striking ``paragraphs (2) or (5)'' and inserting
``paragraph (2), (5), or (6)''; and
(3) in subsection (j)(1)(A)(ii)(II), by striking
``subsection (b)(5)'' and inserting ``paragraph (5) or (6) of
subsection (b)''.
(b) Western Pacific Fishery Management Council Study.--The
Administrator shall conduct a study regarding the feasibility and
implications of adding indigenous seats to the Western Pacific Fishery
Management Council established by section 302 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1852) for the
Western Pacific Fishery Management Council region.
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 1 liaison appointed by
the Secretary in accordance with paragraph (4)
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 1 liaison appointed by
the Secretary in accordance with paragraph (4)
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, that 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) (16 U.S.C. 1852(i)(2)) is
amended by adding at the end the following:
``(G) Each Council shall make available on the internet
website of the Council--
``(i) with respect to each meeting of the Council
and of the Council Coordination Committee established
under subsection (l) that is not closed in accordance
with paragraph (3), to the extent possible, a webcast,
live audio recording, or live video broadcast of each
such meeting; and
``(ii) with respect to each meeting of the Council
and of the scientific and statistical committee
established by the Council under subsection (g)(1)(A)
that is not closed in accordance with paragraph (3), by
not later than 30 days after the conclusion of each
such meeting, 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 such 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 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 each
appointment to a 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.--
``(i) In general.--In making each
appointment under this section, the Secretary
shall, to the extent practicable, ensure a fair
and balanced apportionment, on a rotating or
other basis, of active participants (or the
representatives of such participants) in the
commercial, recreational, and subsistence
fisheries under the jurisdiction of the Council
and of members of the conservation community,
scientists, nonconsumptive users, and members
of indigenous and tribal communities, as
applicable.
``(ii) Report.--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
regarding the actions taken by the Secretary to
ensure that a fair and balanced apportionment
described in clause (i) is achieved,
including--
``(I) a list of 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) an assessment of 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, nonconsumptive
users, and members of indigenous and
tribal communities; and
``(III) a statement of the plans
and schedule of the Secretary for
actions to achieve a fair and balanced
apportionment on each Council for the
active participants in any such fishery
and for the categories of members
listed in subclause (II).'';
(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 under subclause (I),
a Governor--
``(aa) may only submit the
name of an individual if such
Governor has determined such
individual is qualified under
subparagraph (A);
``(bb) shall include the
names and pertinent
biographical data of not less
than 3 individuals for each
applicable vacancy; and
``(cc) shall include a
statement explaining how each
individual included on the list
meets the requirements of
subparagraph (A).
``(III) Review.--The Secretary
shall review each list submitted under
this subparagraph.
``(IV) Notification.--If the
Secretary determines that an individual
included on a list submitted under this
subparagraph does not meet the
requirements of this paragraph, the
Secretary shall notify the appropriate
Governor.
``(V) Response to review.--If a
Governor receives notification under
subclause (IV), such Governor may
submit a revised list or resubmit the
original list with an additional
explanation of the qualifications of
the individual for which such Governor
received such a notification.
``(ii) Individuals without financial
interest.--The Secretary shall appoint to each
Council at least 1 individual who does not have
a financial interest in matters before the
Council.
``(iii) Financial disclosure
requirements.-- An individual is not eligible
for appointment by the Secretary until that
individual complies with the applicable
financial disclosure requirements under
subsection (j).''; and
(4) by adding at the end the following:
``(F) Geographical representation.--In appointing at-large
members to the Western Pacific Council, the Secretary shall
ensure geographical representation across each constituent
State of such Council.''.
(b) Disclosure of Financial Interest and Recusal.--Section 302(j)
(16 U.S.C. 1852(j)) is amended--
(1) by amending paragraph (1)(B) to read as follows:
``(B) the term `designated official' means an
attorney employed in the Office of the General Counsel
of the National Oceanic and Atmospheric Administration
who--
``(i) has expertise in Federal conflict-of-
interest requirements; and
``(ii) is designated by the Secretary, in
consultation with a Council, to attend the
meetings of such Council 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 internet website of the agency, on the
internet website of the applicable Council,''.
(c) 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), each member of a Council, member of a
Council advisory body, and employee or contractor of a
Council, is 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.--An
individual described in subparagraph (A) may provide a
technical and factual presentation directly related to
the performance of the duties of a Council, 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
paragraph (1).
``(B) Complaint.--The Secretary shall investigate a
complaint submitted by any person or government entity
regarding a potential violation of paragraph (1).
``(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, Council advisory body, or related entity or
activity.
``(4) Training.--The Secretary shall provide training to
individuals described in paragraph (1) regarding--
``(A) compliance with regulations issued to
implement this subsection; and
``(B) general limits of Federal grant recipients on
contacts with members and staff of the executive and
legislative branches.
``(5) Restriction on ex-voting member lobbying.--A voting
member appointed to a Council by the Secretary in accordance
with paragraph (2), (5), or (6) of subsection (b) may not lobby
the Council to which such member was appointed regarding any
matter during the 1-year period beginning on the date on which
the term of such member expires, if such member has not been
appointed to serve a subsequent term.
``(6) Report.--The Secretary shall annually submit to the
Committee on Natural Resources of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate a report that describes--
``(A) the funding provided to implement this
subsection;
``(B) complaints received of and investigations
into potential violations of paragraph (1); and
``(C) barriers associated with and proposals to
improve implementation of this subsection.
``(n) Workplace Harassment Prevention.--
``(1) Prohibition.--The Secretary shall prohibit any person
from harassing a covered individual during the conduct of
duties by such covered individual 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 the enactment of the Sustaining
America's Fisheries for the Future Act of 2025 or the first day
of employment by a Council of such individual, and not less
often than once 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
individual' means--
``(i) a Council member;
``(ii) Council staff;
``(iii) a Council advisory panel member;
``(iv) a member of a committee associated
with a Council or the National Oceanic and
Atmospheric Administration;
``(v) a Federal fishery permit holder; and
``(vi) a staff member, crew member,
employee, or contractor 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.''.
(d) Judicial Review.--Section 305(f)(1) (16 U.S.C. 1855(f)(1)) is
amended by striking ``30'' and inserting ``60''.
(e) Regulations.--Not later than 1 year after the date of the
enactment of this section, the Secretary shall issue regulations to
implement section 302(m) (16 U.S.C. 1852(m)), as added by this section.
SEC. 306. WESTERN PACIFIC SUSTAINABLE FISHERY FUND.
Section 204(e) (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 clause (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
subsection, the Secretary shall establish and convene
an advisory panel under section 302(g), to be known as
the `Western Pacific Sustainable Fishery Fund Advisory
Panel' (referred to in this paragraph as the `advisory
panel'), to evaluate, determine the relative merits of,
and annually rank applications for grants for
implementation of marine conservation plans approved
under paragraph (4).
``(B) Members.--The advisory panel shall consist of
members such that--
``(i) the Governor of each applicable
Pacific Insular Area selects 1 member; and
``(ii) no member may be a member or
employee of the Western Pacific Council.
``(C) 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.
``(D) Notice.--The Secretary shall provide to the
public timely notice of each meeting of the advisory
panel.
``(E) Minutes.--The Secretary shall keep and make
available to the public minutes of each meeting of the
advisory panel.
``(F) Reports.--The Secretary shall, with the
assistance of the advisory panel, annually submit to
Congress a report identifying any projects that were
funded in the previous year and the status and progress
of projects carried out under this subsection.
``(G) Exemption from federal advisory committee
act.--Chapter 10 of title 5, United States Code
(commonly known as the `Federal Advisory Committee
Act'), does not apply to the advisory panel.''.
SEC. 307. COUNCIL STAFF AND ADMINISTRATION.
Section 302(f) (16 U.S.C. 1832(f)) is amended by adding at the end
the following:
``(8) Each Council shall, with the approval of the
Secretary, develop a code of conduct and ethics for members and
employees of each such Council equivalent to those applicable
to Federal personnel.
``(9) The Secretary may, in accordance with applicable law,
take disciplinary action, up to and including termination,
against an executive director of a Council. A Council may, in
accordance with applicable law, take disciplinary action, up to
and including termination, against the executive director or
any other employee of the Council.''.
SEC. 308. 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.--
Section 3541(f) of the National Defense Authorization Act for Fiscal
Year 2017 (33 U.S.C. 894(f)) is amended--
(1) by inserting ``and equal employment'' after ``sexual
harassment'' each place it appears; and
(2) in paragraph (2)--
(A) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(B) by inserting after subparagraph (B) the
following:
``(C) A synopsis of each case and the disciplinary
action taken, if any, in each case.''.
(b) Annual Report on Sexual Assaults, Sexual Harassment, and Equal
Employment.--Section 3548 of the National Defense Authorization Act for
Fiscal Year 2017 (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 striking ``the sexual assaults
involving'' and inserting ``sexual assault and sexual
harassment involving and the equal employment of''; 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 this section.
``(7) The number of alleged sexual assaults and sexual
harassment cases involving fisheries observers, protected
species observers, and endangered species observers,
including--
``(A) a synopsis of each case and the status of
such case;
``(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 sexual assault or
sexual harassment is alleged to have occurred, as
appropriate.''.
(c) Investigation and Criminal Referral Requirements.--
(1) Technical amendment.--Sections 3548 and 3549 of the
National Defense Authorization Act for Fiscal Year 2017 (33
U.S.C. 894e and 894f) are redesignated as sections 3551 and
3552, respectively.
(2) In general.--Subtitle C of title XXXV of the National
Defense Authorization Act for Fiscal Year 2017 (33 U.S.C. 894
et seq.) is amended by inserting after section 3547 of that Act
(33 U.S.C. 894d-2) 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 of the Administration, or covered personnel
elects restricted or unrestricted reporting under section 3541(b)(3)(B)
or 3542(b)(5)(B), disclosure of the personally identifying information
of such individual is authorized to the following persons or
organizations when disclosure would be for the following reasons:
``(1) To Administration staff or law enforcement personnel,
if authorized by the survivor in writing.
``(2) To 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 survivor advocate or healthcare provider, if
required for the provision of survivor services.
``(4) To a State or Federal court, if pursuant to a court
order 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
individual whose personally identifying information is
disclosed; and
``(2) take such action as is necessary to protect the
privacy and safety of the individual.
``SEC. 3549. RESTRICTED REPORTING.
``(a) In General.--Not later than 3 years after the date of the
enactment of the National Oceanic and Atmospheric Administration Sexual
Harassment and Assault Prevention Improvements Act of 2025, 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 Administration, members of the commissioned officer
corps of the Administration, and covered personnel who allege that they
have been sexually harassed or sexually assaulted to confidentially
disclose the details of such sexual harassment or sexual assault to
specified individuals and receive the services outlined in this
subtitle--
``(1) without the dissemination of the personally
identifying information of such individual except as necessary
for the provision of such services and as provided by section
3548(a); 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 the National
Oceanic and Atmospheric Administration Sexual Harassment and Assault
Prevention Improvements Act of 2025, develop and implement a policy to
report to the Commandant of the Coast Guard, in accordance with section
10104 of title 46, United States Code, the names of personnel of the
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, 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 offense, was operating under a contract with the
Administration.''.
(d) Definitions.--Section 3552 of the National Defense
Authorization Act for Fiscal Year 2017, as so redesignated by
subsection (c) of this section, is amended to read as follows:
``SEC. 3552. DEFINITIONS.
``In this subtitle:
``(1) Administration.--The term `Administration' means the
National Oceanic and Atmospheric Administration.
``(2) Covered personnel.--The term `covered personnel'
means an individual who works with or conducts business on
behalf of the Administration and includes--
``(A) observers, at-sea monitors, and catch
monitors required by the National Marine Fisheries
Service to operate on or in commercial fishing vessels,
other privately owned vessels, barges, or platforms,
and shoreside processing facilities for--
``(i) commercial fisheries observation
required by the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801
et seq.);
``(ii) protected species or endangered
species observation required by the Marine
Mammal Protection Act of 1972 (16 U.S.C. 1361
et seq.) or the Endangered Species Act of 1973
(16 U.S.C. 1351 et seq.); or
``(iii) platform removal observation; and
``(B) voting members and executive and
administrative staff of each Regional Fishery
Management Council established under section 302 of the
Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1852).
``(3) Sexual assault.--The term `sexual assault' has the
meaning given the term in section 40002(a) of the Violence
Against Women Act of 1994 (42 U.S.C. 13925(a)).''.
(e) Conforming and Clerical Amendments.--
(1) Conforming amendments.--Subtitle C of title XXXV of the
National Defense Authorization Act for Fiscal Year 2017 (33
U.S.C. 894 et seq.) is amended--
(A) by striking ``individuals who work with or
conduct business on behalf of the Administration'' each
place it appears and inserting ``covered personnel'';
(B) by striking ``National Oceanic and
Atmospheric'' each place it appears, except--
(i) when it appears as ``National Oceanic
and Atmospheric Administration Sexual
Harassment and Assault Prevention Improvements
Act of 2025'';
(ii) in section 3551 of that Act, as so
redesignated by subsection (c) of this section,
in the section heading; and
(iii) in section 3552(1) of that Act, as so
redesignated by subsection (c) of this section;
(C) by striking the term ``victims'' each place it
appears and inserting ``survivors'';
(D) in section 3541(b)(2)(B) of that Act (33 U.S.C.
894), by striking ``victim'' and inserting ``target of
sexual harassment'';
(E) in section 3542 of that Act (33 U.S.C. 894a)--
(i) in subsection (b)(9)--
(I) by striking ``Victim'' and
inserting ``Survivor''; and
(II) by striking ``victim'' and
inserting ``survivor''; and
(ii) in subsection (c)--
(I) in the heading, by striking
``Victim'' and inserting ``Survivor'';
(II) in paragraph (2), in the
heading, by striking ``Victim'' and
inserting ``Survivor''; and
(III) by striking the term
``victim'' each place it appears and
inserting ``survivor'';
(F) in section 3543 of that Act (33 U.S.C. 894b)--
(i) in the heading, by striking ``victim''
and inserting ``survivor''; and
(ii) by striking ``victim'' and inserting
``survivor''; and
(G) in section 3544 of that Act (33 U.S.C. 894c)--
(i) in subsection (a)--
(I) by striking ``Victims'' and
inserting ``Survivors''; and
(II) in paragraph (1), by striking
``was'' each place it appears and
inserting ``is''; and
(ii) by striking ``victim'' each place it
appears and inserting ``survivor''.
(2) Clerical amendment.--The table of contents in section
2(b) of the National Defense Authorization Act for Fiscal Year
2017 and the table of contents preceding subtitle A of title
XXXV of the National Defense Authorization Act for Fiscal Year
2017 are both amended--
(A) by striking the item relating to section 3543
of that Act 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 of that Act 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. Definitions.''.
(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 Commissioned Officer Corps of the
National Oceanic and Atmospheric Administration 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 paragraph (26) as paragraph (27); and
(2) by inserting after paragraph (25) the following:
``(26) Section 657, relating to prohibition on service by
individuals convicted of certain sexual offenses.''.
(h) Definition of Responsible Entity of a Vessel.--Section 10104(g)
of title 46, United States Code, is amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(3) the Director of the Office of Marine and Aviation
Operations, with respect to each vessel owned or operated by
the National Oceanic and Atmospheric Administration.''.
TITLE IV--MODERNIZING FISHERIES SCIENCE AND DATA
SEC. 401. DATA MODERNIZATION.
(a) In General.--Not later than 180 days after the date of the
enactment of this section, the Secretary, acting through the Assistant
Administrator for Fisheries, shall provide to Congress a national
strategic plan for fisheries data, including a description of--
(1) activities for the goals and objectives of the plan;
(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 the
Data Strategy, Cloud Strategy, and Artificial Intelligence
Strategy of the National Oceanic and Atmospheric
Administration.
(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
regarding progress in carrying out this section.
SEC. 402. EXPANDING AND IMPROVING ELECTRONIC TECHNOLOGIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) 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;
(2) 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;
(3) 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; and
(4) 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) Regional 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 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 on board such a 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 implemented under this paragraph.'' 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 implemented under this paragraph.'' after
``fishery.''; and
(3) by adding at the end the following:
``(3) Secretarial review.--
``(A) In general.--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 and improve the
timeliness, quality, usability, and cost-effectiveness
and reduce unnecessary duplication within and across
fishery management plans and regions.
``(B) Report.--Upon the completion of each review
carried out under subparagraph (A), the Secretary shall
publish a report for the public describing the findings
of each 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--
(A) 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
(B) make recommendations to improve such
capabilities, taking into consideration cost,
efficiency, and collaboration with private entities.
(2) Report.--Not later than 18 months after the date of the
enactment of this section, the Comptroller General shall submit
to Congress a report describing the results of the review
required under paragraph (1) and the recommendations made
pursuant to such review.
(e) Electronic Technologies Innovation Prize.--
(1) In general.--The Administrator, in consultation with
the Secretary of Defense and the heads of other relevant
Federal agencies, and in conjunction with such nongovernmental
partners as the Administrator determines appropriate, shall
establish at least 1 electronic technologies innovation prize
competition to catalyze the rapid development and deployment of
electronic technology-based data collection to be used in
fisheries management.
(2) Subject of prize.--Each prize competition established
under paragraph (1) shall focus on 1 or more of the following
subjects:
(A) Improved fish species recognition software.
(B) Confidential data management.
(C) Cost-effective storage of electronic reports,
imagery, location information, and other data.
(D) Data analysis and visualization.
(E) Artificial intelligence and machine learning
applications for data collection and monitoring.
(F) Battery storage and energy supply storage at
sea.
(G) Improved internet connectivity onshore and at
sea in support of data uploads.
(H) Bycatch hotspot mapping and adaptive use of
protected areas.
(I) Such other subjects 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 Councils regarding
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
individuals 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 the
Councils.
(4) Recommendations.--Not later than 2 years after the date
of the enactment of this section, 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, including--
(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 Councils;
(D) an assessment of how such performance standards
would impact existing regional or fishery-specific
technologies currently in use and recommendations
regarding 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 regarding ensuring cost-
effectiveness of electronic technologies for fisheries
data collection and management;
(G) recommendations to address data storage
problems of electronic technologies;
(H) recommendations regarding ownership of data
collected using electronic technology; and
(I) recommendations regarding policies and
procedures to develop and implement electronic
technologies for fisheries data collection and
management.
(5) Exemption from the federal advisory committee act.--
Chapter 10 of title 5, United States Code (commonly known as
the ``Federal Advisory Committee Act''), does not apply to the
Advisory Panel.
(6) Rule of construction.--Nothing in this subsection may
be construed to preclude any Council from independently
developing electronic technologies to be used in fisheries data
collection and management.
SEC. 403. STOCK ASSESSMENTS.
Not later than 1 year after the date of the enactment of this
section, and annually thereafter, the Secretary shall submit to the
Committee on Natural Resources of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a
report regarding the progress of the National Marine Fisheries Service
with respect to prioritizing and improving stock assessments,
including--
(1) a summary of 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 of fish
have not been assessed, and why;
(2) a summary of each stock assessment and stock assessment
update completed during the preceding year;
(3) an identification of each stock assessment that was
planned but not completed and explain why such stock assessment
was not completed;
(4) the schedule for all upcoming stock assessments and
stock assessment updates;
(5) a summary of 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) a summary of the progress with respect to autonomous
surveys and an identification of opportunities to expand new
technologies for stock assessments data collection; and
(7) a summary of 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.--
``(1) In general.--The Secretary shall make funds available
under the program established under subsection (a) on a
competitive basis and based on regional fishery management
needs to support cooperative research and management projects
to address critical needs identified by the Councils.
``(2) Submission of critical needs list.--Each Council
shall annually submit a list of critical needs to the Secretary
that identifies and prioritizes such needs.
``(3) Use of data.--The program established under
subsection (a) 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 under subsection (b),
the Secretary shall select projects 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 types of 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--
``(A) monitor changing ocean conditions;
``(B) improve methods;
``(C) support adaptive management; and
``(D) enhance climate resilience in fisheries.
``(8) Projects designed--
``(A) to identify the impacts of anticipated
changing ocean conditions, including climate change, on
stocks of fish, fisheries, and fishing communities; or
``(B) to develop conservation and management
strategies to adapt to such impacts.
``(9) Cooperative management projects that make use of data
collected under this section.
``(10) Projects to better understand--
``(A) interactions between sharks and humans;
``(B) what causes increases in such interactions;
``(C) the status of shark populations; and
``(D) how to best address such interactions to
benefit both sharks and humans.'';
(4) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively;
(5) by inserting after subsection (d) the following:
``(e) Cooperative Management Agreements.--
``(1) In general.--Not later than 1 year after the date of
the enactment of the Sustaining America's Fisheries for the
Future Act of 2025, 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 subsection (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) Preexisting agreements.--This subsection shall not
apply to a cooperative management agreement submitted to or
proposed or approved by the Secretary before the date of the
enactment of the Sustaining America's Fisheries for the Future
Act of 2025.''; 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 regarding
results and data generated by such project or under such permit.
``(i) Progress Report.--Not later than 180 days after the date of
the enactment of the Sustaining America's Fisheries for the Future Act
of 2025, the Assistant Administrator for Fisheries shall submit to
Congress a report regarding--
``(1) the progress made by the National Marine Fisheries
Service with respect to the implementation of the
recommendations of the Cooperative Research and Cooperative
Management Working Group report titled `NOAA Technical
Memorandum NMFS-F/SPO-156' (August 2015); and
``(2) the development and implementation of any subsequent
recommendations by such Working Group.''.
(b) Findings.--Section 2(a)(8) (16 U.S.C. 1801(a)(8)) is amended by
inserting ``Fisheries management is most effective when it uses the
best scientific information available, and incorporates such
information from governmental and nongovernmental sources, including
State and Federal agency staff, fishermen, fishing communities,
universities, nonprofit organizations, local and traditional knowledge
from Tribes, Indigenous communities, and subsistence fishermen, and
research institutions. Scientific and statistical committees should
consider such information when seeking the best scientific information
available to form the basis of conservation and management.'' after
``States.''.
SEC. 405. NORTHEAST REGIONAL PILOT RESEARCH TRAWL SURVEY AND STUDY.
(a) Industry-Based Pilot Study.--Not later than 1 year after the
date of the enactment of this section, the Secretary shall, in
coordination with the relevant Councils as determined 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 improve the 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
vessel trawl surveys; and
(2) the National Marine Fisheries Service Northeast
Fisheries Science Center shall, in partnership with the
relevant 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 relevant Councils shall submit to the Committee on
Natural Resources of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a detailed report
regarding the results of the pilot survey and study.
SEC. 406. RECREATIONAL DATA CONSISTENCY.
(a) In General.--Section 305 (16 U.S.C. 1855) is amended by adding
at the end the following:
``(m) Recreational Data Improvement.--
``(1) In general.--Not later than 2 years after the date of
the enactment of the Sustaining America's Fisheries for the
Future Act of 2025, 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 stock
assessments, for use in management actions, and for other uses
as applicable.
``(2) Recommendations considered.--In establishing
guidelines under paragraph (1), the Secretary 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).
``(3) Multiple data sources.--If recreational catch data
for a stock of fish come from more than 1 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 (16 U.S.C.
1881 et seq.) is amended by adding at the end the following:
``SEC. 409. RECREATIONAL DATA IMPROVEMENT PROGRAM.
``(a) In General.--The Secretary shall establish and carry out a
comprehensive program to implement the guidelines established under
section 305(m).
``(b) Coordination and Collaboration.--In carrying out the program
established under subsection (a), the Secretary shall coordinate with
programs established under subsection 401(g) and promote collaboration
with State and Federal partners.
``(c) Strategic Plan.--
``(1) In general.--Not later than 1 year after the date of
the enactment of the Sustaining America's Fisheries for the
Future Act of 2025, and not less frequently than once every 5
years thereafter, the Secretary shall develop, publish in the
Federal Register, and submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Natural Resources of the House of Representatives a strategic
plan for recreational data improvements for the 5 years
immediately following such publication.
``(2) Requirements.--Each plan published under paragraph
(1) shall--
``(A) 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;
``(B) improve the timeliness, accuracy, precision,
and validation of data produced by surveys;
``(C) describe processes to calibrate data sources
with historical time series data prior to being used
for management;
``(D) develop methods to integrate recreational
data collected from more than 1 source for use in stock
assessments;
``(E) create goals, objectives, and timeframes for
achievement of subparagraphs (A) through (D);
``(F) consider the use and effectiveness of
experimental fishing permits to carry out such
research; and
``(G) describe the role of fishery participants in
the program.
``(3) Coordination.--In developing each strategic plan
under paragraph (1), 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.
``(4) Proposed plan.--Prior to publishing each plan under
paragraph (1), the Secretary shall publish a proposed plan in
the Federal Register for the purpose of receiving public
comment on the plan.
``(d) Areas of Research.--In carrying out the program established
under subsection (a), 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
nonresidents.
``(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 regarding 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 regarding how electronic technologies can
most effectively be incorporated into survey designs.
``(8) Research regarding methods to integrate recreational
catch data from more than 1 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, stockwide regional effort surveys, and
species-specific oversampling.''.
SEC. 407. EMERGENCY OPERATING PLANS.
(a) In General.--Not later than 1 year after the date of the
enactment of this section, the Administrator, in consultation with the
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 1 year after the date of the enactment
of this section, the Administrator shall submit to Congress a report
regarding 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'';
(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'';
(4) in subsection (b)--
(A) in paragraph (6), by striking ``and'' at the
end;
(B) in paragraph (7), by striking the period at the
end and inserting ``; and''; and
(C) 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.''; and
(5) by amending subsection (d) 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 regions of each Council according to
recommendations of such Councils, based on regional priorities
identified through the process of such Councils.
``(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 described
in paragraph (1).
``(3) Specifically apportioned funds.--The Secretary may
apportion amounts from the Fund to a specific project or region
described in paragraph (1) 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.''.
(b) 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''.
(c) 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
Director of 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 1 year after the date of the enactment of this
section, the Secretary shall develop a strategy to identify research
priorities and funding opportunities to update and improve shark
research, shark population surveys, and shark stock assessments, and
incorporate, as applicable, new and emerging survey technology
techniques to integrate into the status of stock reports.
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 nonfishing activities should be
considered through consistent application of essential fish habitat
provisions under the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.).
SEC. 502. ESSENTIAL FISH HABITAT CONSULTATION.
(a) 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''.
(b) Habitat Area 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 so redesignated,
the following:
``(1) 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) The term `habitat area of particular concern' means
a specific type or area of habitat that is part of or within
essential fish habitat that--
``(A) provides an important ecological function,
including maintaining and restoring the biomass,
demographic, spatial, or genetic characteristics of
fish populations;
``(B) is sensitive to human-induced environmental
degradation;
``(C) is or will be significantly stressed by human
activities;
``(D) due to prevailing or anticipated future
environmental conditions, is or may become important to
the health of a managed species; or
``(E) is rare.''.
(c) Contents of Fishery Management Plans.--Section 303(a)(7) (16
U.S.C. 1853(a)(7)) is amended to read as follows:
``(7)(A) describe and identify 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) describe and identify 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;''.
(d) Essential Fish Habitat.--Section 305(b) (16 U.S.C. 1855(b)) is
amended--
(1) in paragraph (1)(D)--
(A) by inserting ``use existing programs
administered by the Secretary and'' after ``shall'';
and
(B) by inserting ``and such agencies shall take
action'' after ``agencies'';
(2) by striking paragraphs (2) through (4); and
(3) by adding at the end the following:
``(2) Requirements for federal agency actions with adverse
effect.--Each Federal agency shall--
``(A) with respect to an action authorized, funded,
or undertaken, or proposed to be authorized, funded, or
undertaken, by such agency that may adversely affect
essential fish habitat identified under this Act,
notify and consult with the Secretary;
``(B) with respect to an action that may adversely
affect essential fish habitat, 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, minimize and mitigate the adverse
effect; and
``(C) with respect to an action that may adversely
affect a habitat area of particular concern, in
consultation with the Secretary--
``(i) monitor, or require monitoring for,
such adverse effect for the period during which
such adverse effect is likely to occur; or
``(ii) take action to minimize and mitigate
such adverse effect of the action on the
habitat area of particular concern and the
species with respect to which the habitat area
of particular concern is designated.
``(3) Information to council.--The Secretary shall inform
each Council that has authority over an affected fishery of any
consultation carried out under this subsection, including
information regarding the proposed action and the potential
adverse effects, and each such Council--
``(A) may comment on and make recommendations to
the Secretary and any Federal or State agency
concerning any activity authorized, funded, or
undertaken, or proposed to be authorized, funded, or
undertaken, by any Federal or State agency that, in the
view of the Council, may affect the habitat, including
essential fish 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 any such activity that, in the view of the
Council, is likely to substantially affect the habitat,
including essential fish habitat, of an anadromous
fishery resource under the authority of such Council.
``(4) Information from other sources.--
``(A) Receipt of information.--If the Secretary
determines based on information received from a
Council, Federal or State agency, or other source that
an action authorized, funded, or undertaken, or
proposed to be authorized, funded, or undertaken, by a
Federal or State agency will adversely affect essential
fish habitat identified under this Act--
``(i) the Secretary shall recommend to such
agency measures for such agency to take to
avoid such adverse effects; and
``(ii) to the extent such adverse effects
cannot be avoided, such agency shall minimize
and mitigate such adverse effects.
``(B) Required response.--
``(i) In general.--The head of a Federal
agency that receives a recommendation from the
Secretary under subparagraph (A) regarding
measures for such agency to take to avoid the
adverse effects of an action described in that
subparagraph on essential fish habitat
identified under this Act shall, not later than
30 days after the date on which such agency
head receives such recommendation, submit to
the Secretary and each Council that comments
under paragraph (3) a detailed response in
writing regarding such recommendation,
including--
``(I) a description of each measure
such agency proposes to take to avoid
the adverse effects;
``(II) to the extent the adverse
effects cannot be avoided, a
description of each measure such agency
proposes to take to minimize and
mitigate the adverse effects of the
action on such essential fish habitat;
and
``(III) if such response is
inconsistent with such recommendation
an explanation regarding--
``(aa) how each measure
described in subclause (I) will
avoid such adverse effects; and
``(bb) to the extent such
adverse effects cannot be
avoided, a description of each
measure such agency proposes to
take to minimize and mitigate
such adverse effects.
``(C) Publication.--The Secretary shall make
available to the public--
``(i) each recommendation made under
subparagraph (A) on the date on which such
recommendation is made; and
``(ii) each response made by an agency
under subparagraph (B) on the date on which
such response is received by the Secretary.
``(D) Monitoring.--The Secretary shall monitor each
measure taken by each Federal agency to meet the
requirements of this subsection.
``(5) Regulations.--The Secretary shall issue regulations
regarding the consultation process established under this
subsection, including--
``(A) ensuring that each recommendation made by the
Secretary under paragraph (4) results 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;
``(B) measures to streamline such consultation
process with other environmental review processes; and
``(C) procedures to develop programmatic
recommendations for measures that avoid, minimize, and
mitigate adverse impacts of actions on essential fish
habitat.
``(6) Required restrictions.--A Federal agency may not
enter into a lease, easement, right-of-way, or sale of any area
designated as essential fish habitat unless such agency
attaches appropriate covenants or restrictions on the use of
the area to require that parties avoid causing adverse effects
to the relevant essential fish habitat.
``(7) Considerations for restoration projects.--In
consulting with a Federal agency under this section for
projects that seek to restore and improve the long-term
resilience of habitat, particularly in estuarine environments
heavily affected 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.''.
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, provided that an annual catch
limit and accountability measures are in place for the species
and constrain catch in the fishery; 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 the enactment of the Sustaining America's Fisheries for the
Future Act of 2025, the Secretary shall establish a national
standardized reporting program (referred to in this subsection
as `the program')--
``(A) to assess the amount and type of bycatch
occurring in each fishery and across fisheries;
``(B) to determine the contribution of bycatch to
the total fishing-related mortality of each fishery;
and
``(C) to evaluate the effects of bycatch on
relevant fisheries and the ecosystem.
``(2) Methodology and standards.--The Secretary shall, in
carrying out the program--
``(A) identify appropriate methodologies and
standards to collect and produce statistically accurate
and precise information regarding bycatch; and
``(B) require consistent data reporting,
collection, and assessment for each fishery managed
under a fishery management plan.
``(3) Multiple jurisdictions.--If a species is caught in
areas under the jurisdiction of more than 1 Council or fishery
management plan, the Secretary shall require consistent
reporting mechanisms across each such jurisdiction to ensure
that data with respect to such species 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.--Section 316 (16 U.S.C.
1865) is amended--
(1) in subsection (a)--
(A) by inserting ``(in this section referred to as
the `program')'' after ``bycatch reduction program'';
and
(B) 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 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.''; and
(2) in subsection (d)--
(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 each bycatch reduction
technology and method developed, tested, or supported by the
program, and a summary of how each such technology and method
have been implemented into fishery management, or an
explanation for why each such technology and method has 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,
at any time based on the best scientific information
available, for each stock of fish within the geographic
area of authority of each Council (or the Secretary,
for stocks of fish managed under section 302(a)(3)),
whether each such stock of fish is--
``(i) subject to overfishing;
``(ii) overfished; or
``(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 of fish lacking criteria.--
For stocks of fish that lack criteria as
required under section 303(a)(10), the
Secretary shall determine whether the stock of
fish is subject to overfishing or overfished
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 the affected stock of fish;
or
``(iii) for a stock of fish that is
approaching a condition of being overfished, to
end overfishing immediately and prevent the
stock of fish from reaching a overfished
condition.
``(C) Annual report.--The Secretary shall annually
submit to Congress and each Council a report regarding
the status of each stock of fish, including--
``(i) a list of each determination made
with respect to a stock of fish under paragraph
(1) during the preceding year;
``(ii) an identification of 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 current rebuilding plan of
the stock of fish;
``(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) the use, as appropriate, of the
term `depleted' to further describe an
overfished stock of fish that has been
significantly impacted by environmental factors
in addition to (or in the 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 a fishery
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 a condition of being
overfished, to end overfishing immediately and
prevent the stock of fish from reaching such
condition.
``(4) Rebuilding plan required.--For a stock of fish that
is overfished, any management document prepared pursuant to
paragraph (3) or (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 1 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
date on which such deadline expires, prepare such management
document for the affected stock of fish under subsection (c).
``(6) Interim measures.--
``(A) In general.--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.
``(B) Measures allowed.--Interim measures described
in subparagraph (A), if otherwise in compliance with
the provisions of this Act, may be implemented even if
such measures are not sufficient to stop overfishing of
a fishery.
``(7) Assessment of rebuilding plan.--
``(A) Secretarial review.--
``(i) In general.--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.
``(ii) Lack of adequate progress.--In
carrying out a review under clause (i), the
Secretary shall find a lack of adequate
progress toward rebuilding an affected stock of
fish if--
``(I) the status of the stock of
fish is not improving sufficiently such
that it becomes unlikely that the stock
of fish 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 biology of the stock of fish that
formed the basis for the rebuilding
plan, such as the productivity of the
stock of fish, were fundamentally
inaccurate, and such inaccuracies
render the current rebuilding plan
unable to address the rebuilding needs
of the stock of fish; or
``(IV) for such other reasons as
the Secretary determines appropriate.
``(B) Finding of inadequate progress.--
``(i) In general.--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
stocks of fish, 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 the stock of fish by
the deadline established under
paragraph (4); or
``(II) for all other stocks of
fish, immediately notify the
appropriate Council, which shall make
revisions necessary to achieve adequate
progress toward rebuilding the stock of
fish by not later than the deadline
established under paragraph (4).
``(ii) Council inaction.--If a Council
fails to complete the action required under
subclause (II) by the date that is 9 months
after the date of the Council receives a
notification from the Secretary under that
subclause, 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 the stock
of fish 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 for the stock of fish 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.--
``(A) In general.--If a rebuilding time period
established under paragraph (4) expires and the
relevant stock of fish has not been rebuilt, or the
Secretary determines that an existing rebuilding plan
for a stock of fish has failed under paragraph (7)(C),
the Council (or Secretary in the case of a stock of
fish 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).
``(B) Management measures in effect.--Management
measures intended to rebuild the stock of fish shall
remain in effect during the preparation of a rebuilding
plan under subparagraph (A).
``(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--
``(I) for accounting for all sources of
mortality in establishing management measures;
``(II) for the acceptable biological catch
levels;
``(III) for preventing overfishing;
``(IV) for maximum sustainable yield; and
``(V) for achieving rebuilding targets and
promoting resilience of stocks of fish to
climate change;
``(ii) objective and measurable criteria to
determine whether a stock of fish is overfished or
experiencing overfishing; and
``(iii) reports regarding 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 stocks of fish, 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 stock of fish to which the plan applies is
overfished or subject to overfishing (with an analysis of how
such criteria were determined and the relationship of such
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 as required by section 302(g)(1)(B), and, in the
case of a fishery which the Council or the Secretary has
determined is approaching a condition of being overfished 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), may be construed to modify the requirements of section
301(a), 302(h)(6), 303(a)(15), or 304(e) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1851(a), 1852(h)(6),
1853(a)(15), or 1854(e)), or the equal application of such requirements
and other standards and requirements under that Act (18 U.S.C. 1801 et
seq.) 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 (12), respectively; and
(4) by inserting after paragraph (7) the following:
``(8) approve, for each of its managed stocks of fish,
objective and measurable criteria for identifying whether the
stock of fish 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, including--
``(A) quantitative and measurable targets and goals
to increase 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 fishery management
plans of such Council as necessary and appropriate;''.
SEC. 508. FORAGE FISH CONSERVATION.
(a) Findings.--Section 2(a) (16 U.S.C. 1801(a)) is amended by
adding at the end the following:
``(17) Forage fish are generally small to intermediate-
sized species, occurring in schools or dense aggregations, and
function as a main pathway for energy to flow from phyto- and
zooplankton to higher trophic level predators, including tuna,
Alaska pollock, and other wildlife, in marine ecosystems. While
most species function as prey of others at some life stage,
especially when small and young, forage fish maintain this
important trophic role throughout their life. Further,
fluctuations in their populations can result in significant
changes in marine communities and ecosystems. Therefore,
particular attention to management of forage fish species, and
addressing their unique role in marine ecosystems, is critical
to maintaining ecosystem function and sustainable fisheries.''.
(b) Definitions.--
(1) Secretary to define forage fish.--Section 305 (16
U.S.C. 1855) is amended by adding at the end the following:
``(n) Forage Fish.--Not later than 12 months after the date of the
enactment of the Sustaining America's Fisheries for the Future Act of
2025, the Secretary, with advice from the Councils, shall issue a
definition of the term `forage fish' for the purposes of this Act,
giving due consideration to definitions of `forage fish' included in
approved fishery management plans. In defining such term, the Secretary
shall consider factors including whether a species covered by such
definition, throughout the lifecycle of such species--
``(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.''.
(2) Definitions.--Section 3 (16 U.S.C. 1802) is amended--
(A) by redesignating the second paragraph (33) as
paragraph (53);
(B) by redesignating paragraphs (28) through (50)
as paragraphs (30) through (52), respectively;
(C) by redesignating paragraphs (19) through (27)
as paragraphs (20) through (28), respectively;
(D) by inserting after paragraph (18) the
following:
``(19) The term `forage fish'--
``(A) has the meaning given the term by the
Secretary under section 305(n); 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, in
coordination with the Councils, under section 304(a),
means any species identified in such plan as a forage
fish.''; and
(E) by inserting after paragraph (28), as so
redesignated by paragraph (3) of this section, the
following:
``(29) The term `low trophic level' means a position in the
marine food web in which the fish generally consume
plankton.''.
(c) Scientific Advice.--Section 302(g)(1)(B) (16 U.S.C.
1852(g)(1)(B)) is amended to read as follows:
``(B) Each scientific and statistical committee
shall provide its Council ongoing scientific advice for
fishery management decisions, including recommendations
for--
``(i) acceptable biological catch;
``(ii) preventing overfishing;
``(iii) maximum sustainable yield;
``(iv) achieving rebuilding targets;
``(v) maintaining a sufficient abundance,
diversity, and localized distribution of forage
fish populations to support their role in
marine ecosystems; and
``(vi) reports on stock status and health,
bycatch, habitat status, social and economic
impacts of management measures, and
sustainability of fishing practices.''.
(d) Council Functions.--
(1) Research priorities.--Section 302(h)(7) (16 U.S.C.
1852(h)(7)) is amended, in the matter preceding subparagraph
(A), by inserting ``forage fish populations and distribution,''
after ``habitats,''.
(2) Unmanaged forage fish.--Section 302(h) (16 U.S.C.
1852(h)) is amended--
(A) in paragraph (11), as so redesignated by
section 507 of this Act, by striking ``and'' at the
end;
(B) by redesignating paragraph (12), as so
redesignated by section 507 of this Act, as paragraph
(13); and
(C) by inserting after paragraph (11) the
following:
``(12) develop a list of unmanaged forage fish occurring in
the area under its authority and recommend within fishery
management plans the prohibition of the development of any new
directed forage fish fishery until the Council has--
``(A) considered the best scientific information
available and evaluated the potential impacts of forage
fish harvest on existing fisheries, fishing
communities, and the marine ecosystem;
``(B) determined whether conservation and
management of the forage fish fishery is needed;
``(C) if a determination is made that conservation
and management is needed, prepared and submitted to the
Secretary a fishery management plan or amendment
consistent with section 303; and
``(D) received final, approved regulations from the
Secretary pursuant to section 304(b)(3); and''.
(3) Effective date.--The amendments made by paragraphs (1)
and (2) shall take effect 2 years after the date of the
enactment of this section.
(e) Contents of Fishery Management Plans.--
(1) Forage fish management.--Section 303(a) (16 U.S.C.
1853(a)) is amended--
(A) in paragraph (16), as added by section 102 of
this Act, by striking ``and'' at the end;
(B) in paragraph (17), as added by section 102 of
this Act, by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(18) when setting annual catch limits for forage fish
fisheries, assess and specify 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 amendments made by paragraph (1)
shall take effect 5 years after the date of the enactment of
this section.
(f) Action by Secretary.--Section 304 (16 U.S.C. 1854) is 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 the enactment of the Sustaining America's Fisheries for the
Future Act of 2025, the Secretary, in coordination with the
Councils, shall establish by regulation guidelines to assist
the Councils in implementing sections 3(19), 302(h)(9), and
303(a)(16).
``(2) Workshops.--In developing the guidelines under
paragraph (1), the Secretary shall conduct workshops with
Councils and other scientific, fisheries, and conservation
interests.''.
(g) River Herring and Shad.--
(1) Definitions.--In this subsection--
(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 the enactment of this subsection, the Secretary 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) (16 U.S.C. 1852(h)(1));
(B) initiate additional fishery management plan
amendments to be completed in not more than 1 year from
the date of the addition of the species identified in
paragraph (1) in order to develop and implement all
required conservation and management measures for such
stocks consistent with the Magnuson-Stevens Fisheries
Conservation and Management Act (16 U.S.C. 1801 et
seq.) and all other applicable law; and
(C) notwithstanding any other law, rule, or fishery
management plan provision, including conservation and
management measures under section 303(a)(11) (16 U.S.C.
1853(a)(11)), reallocate existing resources to provide,
for not less than 50 percent of all relevant fishing
trips, not fewer than 1 at-sea observer or an onboard
electronic or video means of producing equivalent at-
sea monitoring information, for any vessel using mid-
water trawl or paired mid-water trawl fishing gear in
the Atlantic herring and Atlantic mackerel fisheries.
(h) Rule of Construction.--Nothing in this section may be construed
as--
(1) extending or diminishing the jurisdiction or authority
of any State within its boundaries; or
(2) affecting--
(A) section 306 (16 U.S.C. 1856); or
(B) the Atlantic Coastal Fisheries Cooperative
Management Act (16 U.S.C. 5101 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 to enforce that Plan'' and inserting ``to
enforce and monitor (including electronic monitoring) implementation of
such 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 of fish not managed pursuant to the
Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.),
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 ATLANTIC TUNAS CONVENTION.
(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 4
Commissioners to serve as delegates of the United States to the
Commission as follows:
``(A) 1 Commissioner shall be a Federal employee
who shall serve as Chair.
``(B) 3 Commissioners shall not be Federal
employees, of whom--
``(i) 1 shall have knowledge and experience
regarding commercial fishing in the Atlantic
Ocean, Gulf of Mexico, or Caribbean Sea;
``(ii) 1 shall have knowledge and
experience regarding recreational fishing in
the Atlantic Ocean, Gulf of Mexico, or
Caribbean Sea; and
``(iii) 1 shall have knowledge and
experience in marine conservation and shall
represent the public interest in marine
conservation and nonconsumptive 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 3 years.
``(B) Consecutive terms.--No individual appointed
under paragraph (1) shall serve more than 2 consecutive
terms as Commissioner.
``(C) Pleasure of 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 2 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 the Atlantic Tunas Convention Act of 1975 (16 U.S.C.
971d(c)(3)) is amended by striking ``or decreasing''.
SEC. 602. CONSERVATION COMMISSIONER OF 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) Representation.--The United States shall be
represented on the Commission by 5 United States Commissioners.
``(2) Appointment.--
``(A) In general.--The President shall appoint
individuals to serve on the Commission.
``(B) Qualifications of commissioners.--In making
appointments under this paragraph, 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--
``(i) 1 of whom shall be an officer or
employee of the Department of Commerce;
``(ii) 1 of whom shall be the chairman or a
member of the Western Pacific Fishery
Management Council;
``(iii) 1 of whom shall be the chairman or
a member of the Pacific Fishery Management
Council; and
``(iv) 1 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.
``(3) Pleasure of president.--Each individual appointed by
the President to serve on the Commission shall serve at the
pleasure of the President.
``(4) Rules of procedure.--The Commissioners shall be
entitled to adopt such rules of procedure 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 OF 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 4
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) 1 of whom shall be an officer or employee of
the Department of Commerce; and
``(B) 1 of whom shall be an individual with
knowledge and experience in marine conservation, and
who shall represent the public interest in marine
conservation and nonconsumptive uses of the eastern
tropical Pacific Ocean.
``(4) Limitation on appointments.--The President may not
appoint more than 2 Commissioners under paragraph (1) who
reside in a State other than a State the vessels of which
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 2026, $698,142,000.
(2) For fiscal year 2027, $714,200,000.
(3) For fiscal year 2028, $730,626,000.
(4) For fiscal year 2029, $747,431,000.
(5) For fiscal year 2030, $764,621,000.
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