Sustaining America’s Fisheries for the Fu-
ture Act of 2024 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 re-
garding limited access privilege programs for feder-
ally 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 2019 through 2024. 
(B) The amount of harvest privileges or 
transferable quota that were leased to other 
parties or entities in each year from 2019 
through 2024. 
(C) The names of each corporation, part-
nership, or other authorized entity that, at the 
time such audit is conducted, hold harvesting 
privileges or transferable quota in Federal fish-
eries. 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
(D) The proportion of transferable quota 
holders (including both individuals and author-
ized entities) that, at the time such audit is 
conducted, are actively fishing their harvesting 
privileges. 
(E) The average cost of a transferable har-
vest share in each federally managed limited ac-
cess privilege program. 
(F) The average leasing cost of a transfer-
able harvest share in each federally managed 
limited access privilege program where, at the 
time such audit is conducted, leasing is occur-
ring. 
(3) ADDITIONAL REQUIREMENTS.—In addition 
to the requirements under paragraph (2), the audit 
required under paragraph (1) shall— 
(A) evaluate the performance of the Sec-
retary in overseeing limited access privilege pro-
grams 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 own-
ership of harvest privileges in limited access 
privilege programs. 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
(4) CONGRESSIONAL BRIEFING.—Not later than 
1 year after the date of the enactment of the Sus-
taining America’s Fisheries for the Future Act of 
2024, 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 Depart-
ment of Commerce shall submit to Congress a final 
report setting forth the results of the audit con-
ducted 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 fish-
ing constitute major sources of employment and con-
tribute 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 fish-
ery resources; ensuring the sustainable use of fishery 
resources is essential to the economic well-being of 
such areas.’’. 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
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 subpara-
graph (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 ‘‘para-
graphs (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’’; 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
(B) by striking ‘‘11’’ and inserting ‘‘13’’; 
and 
(C) by inserting before the period at the 
end ‘‘and 2 appointed by the Secretary in ac-
cordance with subsection (b)(6)’’; 
(2) in subsection (b)— 
(A) in paragraph (1)(C), by striking 
‘‘paragraphs (2) and (5)’’ and inserting ‘‘para-
graphs (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 sub-
paragraph (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). 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(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 re-
sources; or 
‘‘(ii) demonstrates leadership through in-
volvement in local, regional, or tribal fish and 
wildlife management or conservation organiza-
tions. 
‘‘(D) Representation shall be rotated among af-
fected tribal regions, taking into consideration— 
‘‘(i) the qualifications of the individuals on 
the list submitted under subparagraph (A); 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(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 subpara-
graph (A) may designate as an alternate an indi-
vidual knowledgeable with respect to tribal rights 
and fishing practicies, Indigenous traditional knowl-
edge, tribal law, and the marine resources managed 
by the North Pacific Council. 
‘‘(F) An individual appointed under subpara-
graph (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 In-
dian 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 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
(D) in paragraph (7), as so redesignated, 
by striking ‘‘paragraphs (2) or (5)’’ and insert-
ing ‘‘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 Manage-
ment Council established by section 302 of the Magnuson- 
Stevens Fishery Conservation and Management Act (16 
U.S.C. 1852) for the Western Pacific Fishery Manage-
ment 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 ap-
pointed by the Secretary in accordance 
with paragraph (4) who is a member of the 
Mid-Atlantic Fishery Management Council 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
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 ap-
pointed by the Secretary in accordance 
with paragraph (4) who is a member of the 
New England Fishery Management Coun-
cil 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 Sec-
retary shall appoint an individual to be a liaison be-
tween 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 re-
quest of any voting member of a Council, the Coun-
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
cil 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 Com-
mittee established under subsection (l) that is 
not closed in accordance with paragraph (3), to 
the extent possible, a webcast, live audio record-
ing, or live video broadcast of each such meet-
ing; and 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(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 ac-
cordance with paragraph (3), by not later than 
30 days after the conclusion of each such meet-
ing, 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 ar-
chive of Council and scientific and statistical com-
mittee meeting audio and video recordings and tran-
scripts 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 sec-
tion, the Secretary shall appoint an individual 
who, by reason of occupational or other experi-
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
ence, scientific expertise, or training, is knowl-
edgeable regarding— 
‘‘(i) the conservation and manage-
ment, or the commercial, recreational, or 
subsistence harvest, of the fishery re-
sources of the geographic area concerned; 
or 
‘‘(ii) ecosystem-based fishery manage-
ment 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 Sec-
retary shall, to the extent practicable, en-
sure a fair and balanced apportionment, on 
a rotating or other basis, of active partici-
pants (or the representatives of such par-
ticipants) in the commercial, recreational, 
and subsistence fisheries under the juris-
diction of the Council and of members of 
the conservation community, scientists, 
nonconsumptive users, and members of in-
digenous and tribal communities, as appli-
cable. 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(ii) REPORT.—The Secretary shall, 
on an annual basis, submit to the Com-
mittee on Commerce, Science, and Trans-
portation of the Senate and the Committee 
on Natural Resources of the House of Rep-
resentatives 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, out-
lining 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 mem-
bership of each Council in terms of 
the apportionment of the active par-
ticipants in each such fishery and of 
members of the conservation commu-
nity, scientists, nonconsumptive users, 
and members of indigenous and tribal 
communities; and 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(III) a statement of the plans 
and schedule of the Secretary for ac-
tions 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 con-
stituent State. 
‘‘(II) 
REQUIREMENTS
FOR 
LIST.—In submitting a list under sub-
clause (I), a Governor— 
‘‘(aa) may only submit the 
name of an individual if such 
Governor has determined such in-
dividual is qualified under sub-
paragraph (A); 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(bb) 
shall 
include 
the 
names and pertinent biographical 
data of not less than 3 individ-
uals for each applicable vacancy; 
and 
‘‘(cc) shall include a state-
ment explaining how each indi-
vidual included on the list meets 
the requirements of subpara-
graph (A). 
‘‘(III) REVIEW.—The Secretary 
shall review each list submitted under 
this subparagraph. 
‘‘(IV) 
NOTIFICATION.—If 
the 
Secretary determines that an indi-
vidual included on a list submitted 
under this subparagraph does not 
meet the requirements of this para-
graph, 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 expla-
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
nation of the qualifications of the in-
dividual for which such Governor re-
ceived such a notification. 
‘‘(ii) INDIVIDUALS
WITHOUT
FINAN-
CIAL INTEREST.—The Secretary shall ap-
point to each Council at least 1 individual 
who does not have a financial interest in 
matters before the Council. 
‘‘(iii) FINANCIAL
DISCLOSURE
RE-
QUIREMENTS.— An individual is not eligi-
ble 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 rep-
resentation across each constituent State of such 
Council.’’. 
(b) DISCLOSURE
OF FINANCIAL INTEREST
AND 
RECUSAL.—Section 302(j) (16 U.S.C. 1852(j)) is amend-
ed— 
(1) by amending paragraph (1)(B) to read as 
follows: 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(B) the term ‘designated official’ means 
an attorney employed in the Office of the Gen-
eral Counsel of the National Oceanic and At-
mospheric 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 deter-
minations under paragraph (7)(B).’’; 
(2) in paragraph (2)(C), by inserting ‘‘con-
tractor,’’ 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 em-
ployee or contractor of a Council, is prohibited 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
from using Federal funds to attempt to influ-
ence the— 
‘‘(i) introduction, advancement, enact-
ment, amendment, or repeal of Federal or 
State legislation; or 
‘‘(ii) issuance, modification, or over-
turning of an Executive order, Presidential 
proclamation, or similar Presidential direc-
tive or decree. 
‘‘(B) TECHNICAL AND FACTUAL PRESEN-
TATIONS.—An individual described in subpara-
graph (A) may provide a technical and factual 
presentation directly related to the performance 
of the duties of a Council, through hearing tes-
timony or written statements, if such presen-
tation 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 po-
tential violation of paragraph (1). 
‘‘(B) COMPLAINT.—The Secretary shall in-
vestigate a complaint submitted by any person 
or government entity regarding a potential vio-
lation of paragraph (1). 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(3) PENALTIES.—If the Secretary determines 
that an individual violated paragraph (1), such indi-
vidual shall be subject to disciplinary action, includ-
ing 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) re-
garding— 
‘‘(A) compliance with regulations issued to 
implement this subsection; and 
‘‘(B) general limits of Federal grant recipi-
ents 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 Coun-
cil 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 re-
garding any matter during the 1-year period begin-
ning 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 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Sen-
ate a report that describes— 
‘‘(A) the funding provided to implement 
this subsection; 
‘‘(B) complaints received of and investiga-
tions into potential violations of paragraph (1); 
and 
‘‘(C) barriers associated with and pro-
posals to improve implementation of this sub-
section. 
‘‘(n) WORKPLACE HARASSMENT PREVENTION.— 
‘‘(1) PROHIBITION.—The Secretary shall pro-
hibit any person from harassing a covered individual 
during the conduct of duties by such covered indi-
vidual under this Act. 
‘‘(2) HARASSMENT PREVENT TRAINING.—Coun-
cil members and staff shall, as a condition of em-
ployment, not later than 1 year after the date of the 
enactment of the Sustaining America’s Fisheries for 
the Future Act of 2024 or the first day of employ-
ment 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 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
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 mem-
ber; 
‘‘(iv) a member of a committee associ-
ated with a Council or the National Oce-
anic 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 pro-
viding services to such vessels. 
‘‘(B) HARASSMENT.—The term ‘harass-
ment’ means unwelcome verbal, visual, or phys-
ical conduct based on race, color, national ori-
gin, religion, age (40 and above), sex (including 
gender identity, sexual orientation, and preg-
nancy), disability, genetic information, or prior 
Equal Employment Opportunity activity.’’. 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
(d) JUDICIAL
REVIEW.—Section 305(f)(1) (16 
U.S.C. 1855(f)(1)) is amended by striking ‘‘30’’ and in-
serting ‘‘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 re-
quest 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 Gov-
ernor’’; 
(B) by striking ‘‘, and the appropriate 
Council’’; and 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
(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 Pa-
cific 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 fos-
ter and promote the management, con-
servation, 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 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
appropriate Governor of the applicable Pacific 
Insular Area shall develop the marine conserva-
tion 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 de-
velop 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 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
Panel 
established 
under 
section 
204(e)(9),’’ after ‘‘subsection,’’; 
(C) in subparagraph (B), by inserting 
‘‘providing such funds as are necessary to’’ be-
fore ‘‘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 subpara-
graphs (A) and (B) have been satisfied to the 
Governor of Hawaii to meet conservation and 
management objectives in the State of Ha-
waii.’’; 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 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
302(g), to be known as the ‘Western Pacific 
Sustainable Fishery Fund Advisory Panel’ (re-
ferred to in this paragraph as the ‘advisory 
panel’), to evaluate, determine the relative mer-
its 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 Sec-
retary shall provide a detailed written expla-
nation of the reasons for such award. 
‘‘(D) NOTICE.—The Secretary shall pro-
vide 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. 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(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
ADVI-
SORY 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 ap-
plicable law, take disciplinary action, up to and in-
cluding termination, against an executive director of 
a Council. A Council may, in accordance with appli-
cable law, take disciplinary action, up to and includ-
ing termination, against the executive director or 
any other employee of the Council.’’. 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
SEC. 308. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN-
ISTRATION SEXUAL HARASSMENT AND AS-
SAULT PREVENTION. 
(a) POLICY ON THE PREVENTION OF AND RESPONSE 
TO SEXUAL HARASSMENT INVOLVING NATIONAL OCE-
ANIC
AND
ATMOSPHERIC
ADMINISTRATION
PER-
SONNEL.—Section 3541(f) of the National Defense Au-
thorization 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), respec-
tively; and 
(B) by inserting after subparagraph (B) 
the following: 
‘‘(C) A synopsis of each case and the dis-
ciplinary action taken, if any, in each case.’’. 
(b) ANNUAL REPORT ON SEXUAL ASSAULTS, SEX-
UAL 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 insert-
ing the following: ‘‘ANNUAL REPORT ON SEXUAL 
ASSAULTS, SEXUAL HARASSMENT, AND EQUAL 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
100 
EMPLOYMENT IN THE NATIONAL OCEANIC AND 
ATMOSPHERIC ADMINISTRATION.’’; 
(2) in subsection (a), by striking ‘‘the sexual as-
saults involving’’ and inserting ‘‘sexual assault and 
sexual harassment involving and the equal employ-
ment of’’; and 
(3) in subsection (b)— 
(A) in paragraph (4), by inserting ‘‘, in-
cluding a synopsis of each case and the discipli-
nary 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 re-
quests that were denied. 
‘‘(6) A summary of the number of cases re-
ferred to the Coast Guard under this section. 
‘‘(7) The number of alleged sexual assaults and 
sexual harassment cases involving fisheries observ-
ers, protected species observers, and endangered spe-
cies observers, including— 
‘‘(A) a synopsis of each case and the sta-
tus of such case; 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
101 
‘‘(B) the disposition of any investigation; 
and 
‘‘(C) a description of the fishery manage-
ment region and fishery or the geographic re-
gion and type of permitted operation in which 
the sexual assault or sexual harassment is al-
leged to have occurred, as appropriate.’’. 
(c) INVESTIGATION AND CRIMINAL REFERRAL RE-
QUIREMENTS.— 
(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, respec-
tively. 
(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 SUR-
VIVORS IN CERTAIN CASES. 
‘‘(a) IN GENERAL.—In any case in which an em-
ployee, member of the commissioned officer corps of the 
Administration, or covered personnel elects restricted or 
unrestricted reporting under section 3541(b)(3)(B) or 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
103 
‘‘SEC. 3549. RESTRICTED REPORTING. 
‘‘(a) IN GENERAL.—Not later than 3 years after the 
date of the enactment of the National Oceanic and Atmos-
pheric Administration Sexual Harassment and Assault 
Prevention Improvements Act of 2023, 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 Admin-
istration, and covered personnel who allege that they have 
been sexually harassed or sexually assaulted to confiden-
tially disclose the details of such sexual harassment or sex-
ual 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 inves-
tigative process. 
‘‘SEC. 3550. MARINER REFERRAL. 
‘‘The Under Secretary of Commerce for Oceans and 
Atmosphere, acting through the Director of the Office of 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00103
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
104 
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 Harass-
ment and Assault Prevention Improvements Act of 2023, 
develop and implement a policy to report to the Com-
mandant of the Coast Guard, in accordance with section 
10104 of title 46, United States Code, the names of per-
sonnel of the Administration who— 
‘‘(1) are the subject of a claim of an act or of-
fense detrimental to good discipline and safety at 
sea, such as sexual harassment or sexual assault 
that is substantiated by an investigation under sec-
tion 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 Ad-
ministration required to hold a valid merchant 
mariner credential as a condition of employ-
ment; or 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00104
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
105 
‘‘(B) crew of a vessel that, at the time of 
such act or offense, was operating under a con-
tract with the Administration.’’. 
(d) DEFINITIONS.—Section 3552 of the National De-
fense Authorization Act for Fiscal Year 2017, as so redes-
ignated by subsection (c) of this section, is amended to 
read as follows: 
‘‘SEC. 3552. DEFINITIONS. 
‘‘In this subtitle: 
‘‘(1) ADMINISTRATION.—The term ‘Administra-
tion’ means the National Oceanic and Atmospheric 
Administration. 
‘‘(2) COVERED
PERSONNEL.—The term ‘cov-
ered 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 Fish-
eries 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 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
106 
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 Con-
servation and Management Act (16 U.S.C. 
1852). 
‘‘(3) SEXUAL ASSAULT.—The term ‘sexual as-
sault’ 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— 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
107 
(A) by striking ‘‘individuals who work with 
or conduct business on behalf of the Adminis-
tration’’ each place it appears and inserting 
‘‘covered personnel’’; 
(B) by striking ‘‘National Oceanic and At-
mospheric’’ each place it appears, except— 
(i) when it appears as ‘‘National Oce-
anic and Atmospheric Administration Sex-
ual Harassment and Assault Prevention 
Improvements Act of 2023’’; 
(ii) in section 3551 of that Act, as so 
redesignated by subsection (c) of this sec-
tion, 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 in-
serting ‘‘target of sexual harassment’’; 
(E) in section 3542 of that Act (33 U.S.C. 
894a)— 
(i) in subsection (b)(9)— 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
108 
(I) by striking ‘‘Victim’’ and in-
serting ‘‘Survivor’’; and 
(II) by striking ‘‘victim’’ and in-
serting ‘‘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 in-
serting ‘‘SURVIVOR’’; and 
(III) by striking the term ‘‘vic-
tim’’ each place it appears and insert-
ing ‘‘survivor’’; 
(F) in section 3543 of that Act (33 U.S.C. 
894b)— 
(i) in the heading, by striking ‘‘VIC-
TIM’’ 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 in-
serting ‘‘SURVIVORS’’; and 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
109 
(II) in paragraph (1), by striking 
‘‘was’’ each place it appears and in-
serting ‘‘is’’; and 
(ii) by striking ‘‘victim’’ each place it 
appears and inserting ‘‘survivor’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 2(b) of the National Defense Au-
thorization 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 sec-
tions 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 Adminis-
tration. 
‘‘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’’. 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
110 
(g) PROHIBITION
ON SERVICE
IN
THE COMMIS-
SIONED OFFICER CORPS OF THE NATIONAL OCEANIC AND 
ATMOSPHERIC ADMINISTRATION BY INDIVIDUALS CON-
VICTED 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 para-
graph (27); and 
(2) by inserting after paragraph (25) the fol-
lowing: 
‘‘(26) Section 657, relating to prohibition on 
service by individuals convicted of certain sexual of-
fenses.’’. 
(h) DEFINITION OF RESPONSIBLE ENTITY OF A VES-
SEL.—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 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
111 
owned or operated by the National Oceanic and At-
mospheric 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 de-
velopment of user-centric systems, processes, and 
policies; and 
(5) how the initiative will align with other Na-
tional 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 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00111
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
112 
needed, from data management and technology experts in-
side 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 TECH-
NOLOGIES. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress 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 de-
pendent 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, man-
agers 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 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00112
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
113 
meet evolving management needs and, in collabora-
tion with industry stakeholders, identify appropriate 
data collection technologies and strategies; and 
(4) the National Oceanic and Atmospheric Ad-
ministration should also consider the use of innova-
tive technology in fishery independent data collection 
including stock and habitat assessments and envi-
ronmental 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 fish-
ing for species that are subject to the plan 
through— 
‘‘(A) electronic monitoring or other elec-
tronic technology; or 
‘‘(B) observers carried onboard such a ves-
sel, except that such a vessel shall not be re-
quired to carry an observer on board if the fa-
cilities of the vessel for the quartering of an ob-
server, or for carrying out observer functions, 
are so inadequate or unsafe that the health or 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
114 
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 Sec-
retary 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 informa-
tion is collected, managed, and used to manage 
fisheries and revise information collection pro-
grams and policies needed to integrate data col-
lection and management and improve the time-
liness, quality, usability, and cost-effectiveness 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
115 
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 re-
view and planned revisions to information col-
lection programs.’’. 
(d) ASSESSMENT OF ELECTRONIC TECHNOLOGIES IN 
FISHERIES MANAGEMENT.— 
(1) IN GENERAL.—The Comptroller General of 
the United States shall, in consultation with the rel-
evant committees of Congress— 
(A) conduct a review of the capabilities of 
the National Marine Fisheries Service with re-
spect to developing, deploying, and using elec-
tronic 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 enti-
ties. 
(2) REPORT.—Not later than 18 months after 
the date of the enactment of this section, the Comp-
troller General shall submit to Congress a report de-
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
116 
scribing the results of the review required under 
paragraph (1) and the recommendations made pur-
suant to such review. 
(e) 
ELECTRONIC
TECHNOLOGIES
INNOVATION 
PRIZE.— 
(1) IN GENERAL.—The Administrator, in con-
sultation with the Secretary of Defense and the 
heads of other relevant Federal agencies, and in con-
junction with such nongovernmental partners as the 
Administrator determines appropriate, shall estab-
lish 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 competi-
tion established under paragraph (1) shall focus on 
1 or more of the following subjects: 
(A) Improved fish species recognition soft-
ware. 
(B) Confidential data management. 
(C) Cost-effective storage of electronic re-
ports, imagery, location information, and other 
data. 
(D) Data analysis and visualization. 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
117 
(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 Adminis-
trator determines appropriate. 
(f) ADVISORY
PANEL
FOR
ELECTRONIC
TECH-
NOLOGIES DEVELOPMENT AND DEPLOYMENT.— 
(1) ESTABLISHMENT.—The Secretary shall es-
tablish an advisory panel (referred to in this sub-
section as the ‘‘Advisory Panel’’) to inform the Ad-
ministrator, the Assistant Administrator for Fish-
eries, 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 de-
velopers, operators, or providers. 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
118 
(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 na-
tional performance standards for electronic tech-
nologies used in fisheries data collection and man-
agement, including— 
(A) an assessment of how the National 
Marine Fisheries Service and electronic tech-
nology developers, operators, and providers 
could benefit from such performance standards; 
(B) if the Advisory Panel recommends es-
tablishing such performance standards, a rec-
ommendation for which factors should be in-
cluded in such performance standards and how 
the Secretary should determine the appropriate 
standards; 
(C) an assessment of whether such per-
formance standards are likely to spur increased 
use of electronic technologies by the Councils; 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
119 
(D) an assessment of how such perform-
ance standards would impact existing regional 
or fishery-specific technologies currently in use 
and recommendations regarding ensuring con-
tinued 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 stor-
age 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 Advi-
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
120 
sory Committee Act’’), does not apply to the Advi-
sory Panel. 
(6) RULE OF CONSTRUCTION.—Nothing in this 
subsection may be construed to preclude any Council 
from independently developing electronic tech-
nologies 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 Com-
merce, 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 assess-
ments for all stocks of fish for which a fishery man-
agement plan is in effect under the Magnuson-Ste-
vens 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 pre-
ceding year; 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
121 
(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 assess-
ments 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 re-
search institutions; 
(6) a summary of the progress with respect to 
autonomous surveys and an identification of oppor-
tunities to expand new technologies for stock assess-
ments data collection; and 
(7) a summary of data gaps that may be a re-
sult 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 com-
munities,’’ after ‘‘data),’’; 
(2) by amending subsection (b) to read as fol-
lows: 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
122 
‘‘(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 coop-
erative research and management projects to ad-
dress 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 tradi-
tional knowledge, or academia for use in such 
projects.’’; 
(3) by amending subsection (c) to read as fol-
lows:— 
‘‘(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: 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00122
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
123 
‘‘(1) Projects to collect data to improve, supple-
ment, 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 by-
catch or post-release mortality occurring in a 
fishery; 
‘‘(B) expanding the use of electronic tech-
nology and modernizing data management sys-
tems; and 
‘‘(C) 
improving 
monitoring 
coverage 
through the expanded use of electronic tech-
nology. 
‘‘(3) Conservation engineering or management 
projects designed to reduce bycatch, including avoid-
ance 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, re-
gional fishery associations, and fishing sectors. 
‘‘(4) Projects for the identification of habitat 
areas of particular concern and for habitat conserva-
tion. 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
124 
‘‘(5) Projects designed to collect and compile 
economic and social data for which electronic tech-
nologies can be added. 
‘‘(6) Projects to test and expand electronic 
technologies for monitoring, reporting, observer cov-
erage, 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 fish-
eries. 
‘‘(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 manage-
ment 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 hu-
mans; 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
125 
‘‘(B) what causes increases in such inter-
actions; 
‘‘(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 fol-
lowing: 
‘‘(e) COOPERATIVE MANAGEMENT AGREEMENTS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of the Sustaining Amer-
ica’s Fisheries for the Future Act of 2024, the Sec-
retary, in consultation with the Councils and with 
input from the public, shall issue guidance to facili-
tate a transparent, timely, uniform, and regionally 
based process for the development, oversight, and 
management of cooperative management agree-
ments. 
‘‘(2) PROCESS FOR APPROVAL.—The Secretary 
may use the process developed pursuant to sub-
section (d) to approve cooperative management 
agreements as if such agreements are cooperative 
fishing agreements. 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
126 
‘‘(3) PERFORMANCE
STANDARDS.—An agree-
ment authorized by this subsection shall be subject 
to performance standards and accountability meas-
ures specified in a fishery management plan or oth-
erwise 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 by-
catch caps or limits. 
‘‘(4) PREEXISTING
AGREEMENTS.—This sub-
section 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 2024.’’; 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 Amer-
ica’s Fisheries for the Future Act of 2024, the Assistant 
Administrator for Fisheries shall submit to Congress a re-
port regarding— 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
127 
‘‘(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 manage-
ment is most effective when it uses the best scientific in-
formation available, and incorporates such information 
from governmental and nongovernmental sources, includ-
ing State and Federal agency staff, fishermen, fishing 
communities, universities, nonprofit organizations, local 
and traditional knowledge from Tribes, Indigenous com-
munities, and subsistence fishermen, and research institu-
tions. Scientific and statistical committees should consider 
such information when seeking the best scientific informa-
tion available to form the basis of conservation and man-
agement.’’ after ‘‘States.’’. 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
128 
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 in-
dustry-based Northeast regional pilot research trawl sur-
vey and study to enhance and improve the current Na-
tional 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 Moni-
toring 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 Vir-
ginia Institute of Marine Science as a model for 
the pilot survey; 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00128
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
129 
(C) shall outfit participating vessels with a 
peer-reviewed net configuration; and 
(D) shall ensure the pilot study uses a sta-
tistically valid sampling method and spatial cov-
erage 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 partner-
ship with the relevant Councils and the Virginia In-
stitute 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 Com-
merce, Science, and Transportation of the Senate a de-
tailed 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 2024, the 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00129
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
130 
Secretary shall establish guidelines for recreational 
catch data, which shall include the development of 
data standards to improve timeliness, accuracy, pre-
cision, and validation of data produced by rec-
reational surveys in order to facilitate the use of 
such data in stock assessments, for use in manage-
ment actions, and for other uses as applicable. 
‘‘(2) RECOMMENDATIONS CONSIDERED.—In es-
tablishing guidelines under paragraph (1), the Sec-
retary 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 Manage-
ment Act of 2018 (16 U.S.C. 1881 note). 
‘‘(3) 
MULTIPLE
DATA
SOURCES.—If 
rec-
reational 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 Ma-
rine Fisheries Commissions, the Secretary shall im-
plement measures, which may include the use of 
calibration methods, as needed for the timely inte-
gration 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.’’. 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00130
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
131 
(b) RECREATIONAL
DATA
IMPROVEMENT
PRO-
GRAM.—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 car-
rying 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 Amer-
ica’s Fisheries for the Future Act of 2024, 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 Com-
merce, Science, and Transportation of the Senate 
and the Committee on Natural Resources of the 
House of Representatives a strategic plan for rec-
reational data improvements for the 5 years imme-
diately following such publication. 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00131
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
132 
‘‘(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, pre-
cision, and validation of data produced by sur-
veys; 
‘‘(C) describe processes to calibrate data 
sources with historical time series data prior to 
being used for management; 
‘‘(D) develop methods to integrate rec-
reational data collected from more than 1 
source for use in stock assessments; 
‘‘(E) create goals, objectives, and time-
frames 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 partici-
pants in the program. 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00132
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
133 
‘‘(3) COORDINATION.—In developing each stra-
tegic plan under paragraph (1), the Secretary shall 
cooperate with the Councils and affected States, pro-
vide for coordination with the Councils, affected 
States, and other research and data collection enti-
ties, 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 pro-
gram established under subsection (a), the Secretary shall 
prioritize research and improvement in the following 
areas: 
‘‘(1) Development of data standards and valida-
tion 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. 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00133
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
134 
‘‘(3) Methods and policies to improve the esti-
mation of discards in recreational fisheries, including 
estimation of discarded fish both during and outside 
of fishing seasons. 
‘‘(4) To improve understanding of best prac-
tices for minimizing discard mortality as well as esti-
mation of adoption rates of such practices by fisher-
men. 
‘‘(5) To assess changes in discard mortality es-
timates when best fishing practices are adequately 
and verifiably applied. 
‘‘(6) Research regarding how the use of elec-
tronic applications can be used to collect data in rec-
reational 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 tech-
nologies 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 rec-
reational data, including the use of tag and endorse-
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00134
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
135 
ment measures to fund such data improvement, 
stock-wide regional effort surveys, and species-spe-
cific 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 ex-
perts, and interested stakeholders, shall develop a contin-
gency plan for circumstances that would make fisheries 
monitoring, including human observation, surveys, and 
other data collection to support stock assessments, im-
practical. 
(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-Ste-
vens Fishery Conservation and Management Reauthoriza-
tion 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’’; 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00135
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
136 
(2) in subsection (a), by inserting ‘‘Zeke Grad-
er’’ before ‘‘Fisheries Conservation and Management 
Fund’’; 
(3) in subsection (c), by striking ‘‘Fishery Con-
servation 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 pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(8) conducting research and analysis to pre-
pare and adapt fisheries and fishing communities to 
the effects of climate change.’’; and 
(5) by amending subsection (d) to read as fol-
lows: 
‘‘(d) ALLOCATION.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the Secretary shall, every 2 
years, apportion amounts from the Fund among the 
regions of each Council according to recommenda-
tions of such Councils, based on regional priorities 
identified through the process of such Councils. 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00136
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
137 
‘‘(2) MINIMUM
ALLOCATION.—In the case of 
amounts deposited in the Fund pursuant to sub-
section (c)(2), unless specified otherwise, the Sec-
retary shall allocate not less than 5 percent of the 
Fund in each allocation period to each region de-
scribed 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 ap-
propriation 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, reg-
ulation, 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 Man-
agement Reauthorization Act of 2006 (Public Law 109– 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00137
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
138 
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, act-
ing through the Director of the Bureau of Ocean Energy 
Management, shall enter into a cooperative agreement to 
fund such survey mitigation programs, additional stock as-
sessments, 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 sur-
veys, and shark stock assessments, and incorporate, as ap-
plicable, new and emerging survey technology techniques 
to integrate into the status of stock reports. 
TITLE 
V—SUSTAINING 
FISH-
ERIES 
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 ma-
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00138
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
139 
rine 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 Conserva-
tion 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.—Sec-
tion 3 (16 U.S.C. 1802) is amended— 
(1) by redesignating paragraph (1) as para-
graph (1A); 
(2) by inserting before paragraph (1A), as so 
redesignated, the following: 
‘‘(1) The term ‘adverse effect’ means, with re-
spect to essential fish habitat, any impact that re-
duces the quality or quantity of essential fish habi-
tat.’’; and 
(3) by inserting after paragraph (19) the fol-
lowing: 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00139
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
140 
‘‘(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 func-
tion, including maintaining and restoring the 
biomass, demographic, spatial, or genetic char-
acteristics of fish populations; 
‘‘(B) is sensitive to human-induced envi-
ronmental degradation; 
‘‘(C) is or will be significantly stressed by 
human activities; 
‘‘(D) due to prevailing or anticipated fu-
ture environmental conditions, is or may be-
come important to the health of a managed spe-
cies; 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 estab-
lished by the Secretary under section 305(b)(1)(A), 
minimize adverse effects on essential fish habitat 
caused by fishing, and identify other actions to en-
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00140
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
141 
courage the conservation and enhancement of essen-
tial fish habitat; and 
‘‘(B) describe and identify habitat areas of par-
ticular 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 conserva-
tion 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 au-
thorized, funded, or undertaken, by such agency 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00141
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
142 
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 under-
taken 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 ef-
fect; 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 dur-
ing which such adverse effect is likely to 
occur; or 
‘‘(ii) take action to minimize and miti-
gate such adverse effect of the action on 
the habitat area of particular concern and 
the species with respect to which the habi-
tat area of particular concern is des-
ignated. 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00142
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
143 
‘‘(3) INFORMATION
TO
COUNCIL.—The Sec-
retary shall inform each Council that has authority 
over an affected fishery of any consultation carried 
out under this subsection, including information re-
garding the proposed action and the potential ad-
verse effects, and each such Council— 
‘‘(A) may comment on and make rec-
ommendations to the Secretary and any Federal 
or State agency concerning any activity author-
ized, funded, or undertaken, or proposed to be 
authorized, funded, or undertaken, by any Fed-
eral or State agency that, in the view of the 
Council, may affect the habitat, including es-
sential fish habitat, of a fishery resource under 
the authority of such Council; and 
‘‘(B) shall comment on and make rec-
ommendations to the Secretary and any Federal 
or State agency concerning any such activity 
that, in the view of the Council, is likely to sub-
stantially 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 re-
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00143
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
144 
ceived from a Council, Federal or State agency, 
or other source that an action authorized, fund-
ed, or undertaken, or proposed to be author-
ized, 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 mini-
mize and mitigate such adverse effects. 
‘‘(B) REQUIRED RESPONSE.— 
‘‘(i) IN
GENERAL.—The head of a 
Federal agency that receives a rec-
ommendation from the Secretary under 
subparagraph (A) regarding measures for 
such agency to take to avoid the adverse 
effects of an action described in that sub-
paragraph on essential fish habitat identi-
fied under this Act shall, not later than 30 
days after the date on which such agency 
head receives such recommendation, sub-
mit to the Secretary and each Council that 
comments under paragraph (3) a detailed 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00144
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
145 
response in writing regarding such rec-
ommendation, including— 
‘‘(I) a description of each meas-
ure such agency proposes to take to 
avoid the adverse effects; 
‘‘(II) to the extent the adverse ef-
fects 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 incon-
sistent with such recommendation an 
explanation regarding— 
‘‘(aa) how each measure de-
scribed in subclause (I) will avoid 
such adverse effects; and 
‘‘(bb) to the extent such ad-
verse effects cannot be avoided, a 
description of each measure such 
agency proposes to take to mini-
mize and mitigate such adverse 
effects. 
‘‘(C) PUBLICATION.—The Secretary shall 
make available to the public— 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00145
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
146 
‘‘(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 Sec-
retary. 
‘‘(D) MONITORING.—The Secretary shall 
monitor each measure taken by each Federal 
agency to meet the requirements of this sub-
section. 
‘‘(5) REGULATIONS.—The Secretary shall issue 
regulations regarding the consultation process estab-
lished under this subsection, including— 
‘‘(A) ensuring that each recommendation 
made by the Secretary under paragraph (4) re-
sults in the avoidance of adverse effects on es-
sential 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 con-
sultation process with other environmental re-
view processes; and 
‘‘(C) procedures to develop programmatic 
recommendations for measures that avoid, mini-
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00146
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
147 
mize, 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, par-
ticularly 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 CON-
SERVATION AND MANAGEMENT.—Section 301(a)(9) 
(16 U.S.C. 1851(a)(9)) is amended to read as fol-
lows: 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00147
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
148 
‘‘(9) Conservation and management measures 
shall— 
‘‘(A) minimize bycatch; and 
‘‘(B) to the extent bycatch cannot be 
avoided, minimize the mortality of such by-
catch.’’. 
(2) CONTENTS
OF
FISHERY
MANAGEMENT 
PLANS.—Section 303 (16 U.S.C. 1853) is amend-
ed— 
(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 meas-
ures are in place for the species and constrain catch 
in the fishery; and’’. 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00148
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
149 
(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 PRO-
GRAM.— 
‘‘(1) ESTABLISHMENT.—Not later than 3 years 
after the date of the enactment of the Sustaining 
America’s Fisheries for the Future Act of 2024, the 
Secretary shall establish a national standardized re-
porting program (referred to in this subsection as 
‘the program’)— 
‘‘(A) to assess the amount and type of by-
catch occurring in each fishery and across fish-
eries; 
‘‘(B) to determine the contribution of by-
catch 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 statis-
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00149
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
150 
tically accurate and precise information regard-
ing bycatch; and 
‘‘(B) require consistent data reporting, col-
lection, and assessment for each fishery man-
aged 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 re-
spect to such species can be aggregated and com-
pared. 
‘‘(4) COORDINATION WITH STATES.—The Sec-
retary shall coordinate with State fishery managers 
to carry out paragraph (3).’’. 
(b) BYCATCH
REDUCTION
ENGINEERING
PRO-
GRAM.—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 fish-
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00150
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
151 
ery 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 pro-
vide incentives for adoption of technologies and 
methods developed under the program in fishery 
management plans, actions, and other measures de-
veloped by the Councils or the Secretary.’’; and 
(2) in subsection (d)— 
(A) by striking ‘‘transmit an annual re-
port’’ 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 pe-
riod at the end and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(4) includes a description of each bycatch re-
duction technology and method developed, tested, or 
supported by the program, and a summary of how 
each such technology and method have been imple-
mented into fishery management, or an explanation 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00151
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
152 
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 sci-
entific 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
MAN-
AGING
DOCUMENT.—In making a deter-
mination under subparagraph (A), the Sec-
retary shall, with respect to a stock of fish 
managed under a stock of fish manage-
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00152
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
153 
ment plan or international agreement, use 
the criteria specified in such plan or agree-
ment. 
‘‘(ii) APPROACHING A CONDITION OF 
BEING OVERFISHED.—In making a deter-
mination under subparagraph (A), the Sec-
retary shall classify a stock of fish as ap-
proaching a condition of being overfished 
if, based on trends in fishing effort, fishery 
resource size, and other appropriate fac-
tors, the Secretary estimates that the stock 
of fish will become overfished within 2 
years. 
‘‘(iii) STOCKS OF FISH LACKING CRI-
TERIA.—For stocks of fish that lack cri-
teria 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 sci-
entific information. 
‘‘(2) PUBLICATION.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
publish each determination made under para-
graph (1) in the Federal Register. 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00153
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
154 
‘‘(B) NOTIFICATION OF COUNCIL.—If the 
Secretary determines that a stock of fish is sub-
ject 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 over-
fished, to end overfishing immediately and 
to implement conservation and manage-
ment measures to rebuild the affected 
stock of fish; or 
‘‘(iii) for a stock of fish that is ap-
proaching a condition of being overfished, 
to end overfishing immediately and prevent 
the stock of fish from reaching a over-
fished 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— 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00154
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
155 
‘‘(i) a list of each determination made 
with respect to a stock of fish under para-
graph (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), includ-
ing— 
‘‘(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 over-
fished stock of fish that has been signifi-
cantly impacted by environmental factors 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00155
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
156 
in addition to (or in the absence of) fishing 
pressure. 
‘‘(3) REQUIRED ACTION BY COUNCIL.— 
‘‘(A) DETERMINATION THAT REQUIRES AC-
TION.—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 over-
fished. 
‘‘(ii) A determination that a rebuild-
ing 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 over-
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00156
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
158 
‘‘(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 par-
ticipation in the stock of fish, relative to other 
nations, by fishermen of the United States; and 
‘‘(D) contain objective and measurable cri-
teria 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 manage-
ment document for the affected stock of fish under 
subsection (c). 
‘‘(6) INTERIM MEASURES.— 
‘‘(A) IN GENERAL.—During the develop-
ment 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 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00158
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
159 
305(c) until such measures can be replaced by 
such management document. 
‘‘(B) 
MEASURES
ALLOWED.—Interim 
measures described in subparagraph (A), if oth-
erwise in compliance with the provisions of this 
Act, may be implemented even if such measures 
are not sufficient to stop overfishing of a fish-
ery. 
‘‘(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 manage-
ment 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 rebuild-
ing an affected stock of fish if— 
‘‘(I) the status of the stock of 
fish is not improving sufficiently such 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00159
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
160 
that it becomes unlikely that the stock 
of fish will be rebuilt within the re-
building time period; 
‘‘(II) the applicable fishing mor-
tality rate or annual catch limits are 
exceeded, and the causes and rebuild-
ing consequences of such exceedances 
have not been corrected; 
‘‘(III) new scientific information 
demonstrates that assumptions re-
garding the biology of the stock of 
fish that formed the basis for the re-
building plan, such as the productivity 
of the stock of fish, were fundamen-
tally inaccurate, and such inaccuracies 
render the current rebuilding plan un-
able 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 pro-
vided in subparagraph (C), if the Secretary 
finds after a review under subparagraph 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00160
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
161 
(A) that a management document has not 
resulted in adequate progress toward re-
building affected stocks of fish, the Sec-
retary 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 Coun-
cil fails to complete the action required 
under subclause (II) by the date that is 9 
months after the date of the Council re-
ceives a notification from the Secretary 
under that subclause, the Secretary shall, 
not later than 18 months after the date of 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00161
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
162 
such notification, make such revisions as 
are needed to ensure adequate progress to-
ward rebuilding the stock of fish by not 
later than the rebuilding deadline estab-
lished under paragraph (4). 
‘‘(C) FAILED REBUILDING PLAN.—If the 
Secretary finds that revisions pursuant to sub-
paragraph 
(B) 
cannot 
achieve 
adequate 
progress within the time period set under para-
graph (4), the Secretary may find that the re-
building 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, includ-
ing a determination of adequate progress or in-
adequate progress, and the basis for such deter-
mination. 
‘‘(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 re-
built, or the Secretary determines that an exist-
ing rebuilding plan for a stock of fish has failed 
under paragraph (7)(C), the Council (or Sec-
retary in the case of a stock of fish to which 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00162
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
163 
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 rebuild-
ing time period set under paragraph (4). 
‘‘(B) MANAGEMENT
MEASURES
IN
EF-
FECT.—Management measures intended to re-
build the stock of fish shall remain in effect 
during the preparation of a rebuilding plan 
under subparagraph (A). 
‘‘(9) MANAGEMENT DOCUMENT.—In this sub-
section, 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 OVER-
FISHING. 
(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 ‘‘ecologi-
cal,’’ after ‘‘social,’’; and 
(2) by amending subparagraph (B) to read as 
follows: 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00163
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
164 
‘‘(B) Each scientific and statistical committee 
shall provide its Council with ongoing scientific ad-
vice 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.’’. 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00164
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
165 
(b) MINIMUM REQUIRED PRECAUTIONARY STAND-
ARD.—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 deter-
mined and the relationship of such criteria to the re-
productive potential of stocks of fish in that fishery), 
which may not be less precautionary than the rec-
ommendation of the scientific and statistical commit-
tees 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 ap-
proaching a condition of being overfished or is over-
fished, contain conservation and management meas-
ures 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 re-
quirements of section 301(a), 302(h)(6), 303(a)(15), or 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00165
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
166 
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 man-
agement 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 require-
ments described in such subparagraph, the Secretary shall 
issue a Secretarial plan.’’. 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00166
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
167 
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), respec-
tively; and 
(B) by inserting after subparagraph (A) 
the following: 
‘‘(B) prioritize fisheries and habitats expe-
riencing or expected to experience shifts in geo-
graphic range, spatial distribution, or produc-
tivity;’’; 
(3) by redesignating paragraphs (8) and (9) as 
paragraphs (11) and (12), respectively; and 
(4) by inserting after paragraph (7) the fol-
lowing: 
‘‘(8) approve, for each of its managed stocks of 
fish, objective and measurable criteria for identifying 
whether the stock of fish is overfished or experi-
encing overfishing, which may not be less pre-
cautionary than the recommendation of its scientific 
and statistical committee; 
‘‘(9) develop and implement a habitat protec-
tion plan to protect essential fish habitat in the re-
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00167
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
168 
gion of the Council from adverse effects caused by 
fishing, including— 
‘‘(A) quantitative and measurable targets 
and goals to increase quality, quantity, and rep-
resentativeness of essential fish habitat; and 
‘‘(B) conservation and management meas-
ures in a fishery management plan to imple-
ment 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 protec-
tion plans developed under paragraph (9) by such 
Council and each designation of essential fish habi-
tat and habitat areas of particular concern under 
section 303(a)(7) by such Council, and amend fish-
ery 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 inter-
mediate-sized species, occurring in schools or dense 
aggregations, and function as a main pathway for 
energy to flow from phyto- and zooplankton to high-
er trophic level predators, such as tuna, Alaska pol-
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00168
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
169 
lock, 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 commu-
nities and ecosystems. Therefore, particular atten-
tion to management of forage fish species, and ad-
dressing their unique role in marine ecosystems, is 
critical to maintaining ecosystem function and sus-
tainable 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 6 months after 
the date of the enactment of the Sustaining America’s 
Fisheries for the Future Act of 2024, the Secretary shall 
issue a definition of the term ‘forage fish’ for the purposes 
of this Act. In defining such term, the Secretary shall con-
sider factors including whether a species covered by such 
definition, throughout such species’ lifecycle— 
‘‘(1) is at a low trophic level; 
‘‘(2) is generally small- to intermediate-sized; 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00169
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
170 
‘‘(3) occurs in schools or other dense aggrega-
tions; 
‘‘(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 under section 304(a), means any 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00170
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
171 
species identified in such plan as a forage 
fish.’’; 
(E) by inserting after paragraph (28), as 
so redesignated by paragraph (3) of this sec-
tion, the following: 
‘‘(29) The term ‘low trophic level’ means a posi-
tion in the marine food web in which the fish gen-
erally consume plankton.’’; and 
(F) in paragraph (35), as so redesignated 
by paragraph (2) of this subsection— 
(i) in subparagraph (B), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (C), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(D) in the case of a forage fish, is re-
duced, pursuant to subparagraph (B), to pro-
vide for the diet needs of fish species and other 
marine wildlife, including marine mammals and 
birds, for which forage fish is a significant die-
tary component.’’. 
(c) SCIENTIFIC ADVICE.—Section 302(g)(1)(B) (16 
U.S.C. 1852(g)(1)(B)) is amended to read as follows: 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00171
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
172 
‘‘(B) Each scientific and statistical com-
mittee shall provide its Council ongoing sci-
entific 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 abun-
dance, 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 meas-
ures, and sustainability of fishing prac-
tices.’’. 
(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— 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00172
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
173 
(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 pro-
hibit the development of any new directed forage fish 
fishery until the Council has— 
‘‘(A) considered the best scientific informa-
tion available and evaluated the potential im-
pacts of forage fish harvest on existing fish-
eries, fishing communities, and the marine eco-
system; 
‘‘(B) determined whether conservation and 
management of the forage fish fishery is need-
ed; 
‘‘(C) if a determination is made that con-
servation and management is needed, prepared 
and submitted to the Secretary a fishery man-
agement plan or amendment consistent with 
section 303; and 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00173
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
174 
‘‘(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 for-
age fish fisheries, assess, specify, and reduce such 
limits by the diet needs of fish species and other ma-
rine 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: 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00174
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
175 
‘‘(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 2024, the 
Secretary 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 guide-
lines under paragraph (1), the Secretary shall con-
duct workshops with Councils and other scientific, 
fisheries, and conservation interests.’’. 
(g) RIVER HERRING AND SHAD.— 
(1) DEFINITIONS.—In this section— 
(A) RIVER
HERRING.—The term ‘‘river 
herring’’ 
means 
blueback 
herring 
(Alosa 
aestivalis) and alewife (Alosa pseudoharengus). 
(B) SHAD.—The term ‘‘shad’’ means 
American shad (Alosa sapidissima) and hickory 
shad (Alosa mediocris). 
(2) AMENDMENTS OF PLANS.—Not later than 
180 days after the date of the enactment of this sec-
tion, the Secretary shall— 
(A) amend the fishery management plans 
for the Atlantic Herring and Atlantic Mackerel, 
Squid, and Butterfish fisheries for the New 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00175
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
176 
England and Mid-Atlantic Regions to add shad 
and river herring as managed stocks in such 
plans consistent with section 302(h)(1) of the 
Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1852(h)(1)); 
(B) initiate additional fishery management 
plan amendments to be completed in not more 
than 1 year from the date of the addition of the 
species identified in paragraph (1) in order to 
develop and implement all required conservation 
and management measures for such stocks con-
sistent with the Magnuson-Stevens Fisheries 
Conservation and Management Act (16 U.S.C. 
1801 et seq.), and all other applicable law; and 
(C) notwithstanding any other law, rule, or 
fishery management plan provision, including 
conservation and management measures under 
section 303(a)(11) of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 
U.S.C. 1853(a)(11)), reallocate existing re-
sources to provide, for not less than 50 percent 
of all relevant fishing trips, not fewer than 1 at- 
sea observer or an on-board electronic or video 
means of producing equivalent at-sea moni-
toring 
information, 
for 
any 
vessel 
using 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00176
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
177 
midwater trawl or paired midwater trawl fish-
ing gear in the Atlantic herring and Atlantic 
mackerel fisheries. 
(h) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed as— 
(1) extending or diminishing the jurisdiction or 
authority of any State within its boundaries; or 
(2) affecting— 
(A) section 306 of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 
U.S.C. 1856); or 
(B) the Atlantic Coastal Fisheries Cooper-
ative 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 elec-
tronic monitoring) implementation of such Plan’’. 
SEC. 510. HIGHLY MIGRATORY SPECIES. 
Section 304(g)(1) (16 U.S.C. 1854(g)(1)) is amend-
ed— 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00177
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
178 
(1) in subparagraph (B), by inserting ‘‘a sci-
entific and statistical committee and’’ after ‘‘estab-
lish’’; 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 COMMIS-
SIONERS.—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 PRO-
CEDURE; TERM.— 
‘‘(1) APPOINTMENT.—The President shall ap-
point 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. 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00178
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
179 
‘‘(B) 3 Commissioners shall not be Federal 
employees, of whom— 
‘‘(i) 1 shall have knowledge and expe-
rience regarding commercial fishing in the 
Atlantic Ocean, Gulf of Mexico, or Carib-
bean Sea; 
‘‘(ii) 1 shall have knowledge and expe-
rience regarding recreational fishing in the 
Atlantic Ocean, Gulf of Mexico, or Carib-
bean Sea; and 
‘‘(iii) 1 shall have knowledge and ex-
perience in marine conservation and shall 
represent the public interest in marine con-
servation 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 indi-
vidual appointed under paragraph (1) shall 
serve more than 2 consecutive terms as Com-
missioner. 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00179
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
180 
‘‘(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 Com-
missioner 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 Sec-
retary, shall establish procedures under which 
the Commissioners appointed described in para-
graph (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 Com-
mission, Council, any Panel, or any other 
function as provided for in the Convention; 
and 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00180
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
181 
‘‘(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 Con-
vention 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 CONVEN-
TION. 
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
COMMIS-
SIONERS.—In making appointments under this 
paragraph, the President shall select Commis-
sioners from among individuals who are knowl-
edgeable or experienced concerning highly mi-
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00181
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
182 
gratory 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 Fish-
ery Management Council; 
‘‘(iii) 1 of whom shall be the chairman 
or a member of the Pacific Fishery Man-
agement 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 Cen-
tral Pacific Ocean. 
‘‘(3) PLEASURE
OF
PRESIDENT.—Each indi-
vidual appointed by the President to serve on the 
Commission shall serve at the pleasure of the Presi-
dent. 
‘‘(4) RULES
OF
PROCEDURE.—The Commis-
sioners shall be entitled to adopt such rules of proce-
dures as they find necessary and to select a chair-
man from among members who are officers or em-
ployees of the United States Government.’’. 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00182
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
183 
SEC. 603. CONSERVATION COMMISSIONER OF INTER-AMER-
ICAN 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 ap-
point 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 consulta-
tion with the Secretary. 
‘‘(3) QUALIFICATIONS.—In making an appoint-
ment under paragraph (1), the President shall select 
Commissioners from among individuals who are 
knowledgeable or experienced concerning highly mi-
gratory fish stocks in the eastern tropical Pacific 
Ocean— 
‘‘(A) 1 of whom shall be an officer or em-
ployee of the Department of Commerce; and 
‘‘(B) 1 of whom shall be an individual with 
knowledge and experience in marine conserva-
tion, and who shall represent the public interest 
in marine conservation and nonconsumptive 
uses of the eastern tropical Pacific Ocean. 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00183
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
184 
‘‘(4) LIMITATION
ON
APPOINTMENTS.—The 
President may not appoint more than 2 Commis-
sioners 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 AC-
COUNTABILITY 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 man-
aged 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 deter-
mined such stock of fish is subject to overfishing 
with respect to such species; and 
‘‘(3) shall not limit or otherwise affect the re-
quirements of section 301(a)(1) or 304(e) of the 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00184
Fmt 6652
Sfmt 6201
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS
185 
Magnuson Stevens Fishery Conservation and Man-
agement Act.’’. 
SEC. 605. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to the Sec-
retary the following amounts to carry out the provisions 
of this Act: 
(1) For fiscal year 2025, $698,142,000. 
(2) For fiscal year 2026, $714,200,000. 
(3) For fiscal year 2027, $730,626,000. 
(4) For fiscal year 2028, $747,431,000. 
(5) For fiscal year 2029, $764,621,000. 
Æ 
VerDate Sep 11 2014 
19:08 Jun 29, 2024
Jkt 049200
PO 00000
Frm 00185
Fmt 6652
Sfmt 6301
E:\BILLS\H8862.IH
H8862
ssavage on LAPJG3WLY3PROD with BILLS