‘‘(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.’’. 
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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 
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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; 
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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 
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102 
3542(b)(5)(B), disclosure of the personally identifying in-
formation of such individual is authorized to the following 
persons or organizations when disclosure would be for the 
following reasons: 
‘‘(1) To Administration staff or law enforce-
ment personnel, if authorized by the survivor in 
writing. 
‘‘(2) To Administration staff or law enforce-
ment personnel to prevent or lessen a serious or im-
minent threat to the health or safety of the survivor 
or another person. 
‘‘(3) To a survivor advocate or healthcare pro-
vider, if required for the provision of survivor serv-
ices. 
‘‘(4) To a State or Federal court, if pursuant 
to a court order or if disclosure is required by Fed-
eral or State statute. 
‘‘(b) NOTICE OF DISCLOSURE AND PRIVACY PROTEC-
TION.—In any case in which information is disclosed 
under subsection (a), the Secretary shall— 
‘‘(1) make reasonable attempts to provide no-
tice to the individual whose personally identifying in-
formation is disclosed; and 
‘‘(2) take such action as is necessary to protect 
the privacy and safety of the individual. 
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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 2025, the Secretary of 
Commerce, acting through the Under Secretary for 
Oceans and Atmosphere, shall develop a mechanism to 
provide a system of restricted reporting. 
‘‘(b) RESTRICTED REPORTING DEFINED.—In this 
section the term ‘restricted reporting’ means a system of 
reporting that allows employees of the Administration, 
members of the commissioned officer corps of the 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 
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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 2025, 
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 
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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 
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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— 
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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 2025’’; 
(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)— 
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(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 
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(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’’. 
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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 
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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 
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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 
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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 on board such a 
vessel, 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 
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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 
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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-
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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. 
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(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. 
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(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; 
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(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-
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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; 
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(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: 
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‘‘(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: 
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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. 
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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; 
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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 2025, 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. 
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‘‘(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 2025.’’; and 
(6) by adding at the end the following: 
‘‘(h) PUBLIC REPORT OF DATA.—With respect to 
any cooperative research project funded or experimental 
fishing permit issued under this section, the appropriate 
Council shall publish a report regarding results and data 
generated by such project or under such permit. 
‘‘(i) PROGRESS REPORT.—Not later than 180 days 
after the date of the enactment of the Sustaining Amer-
ica’s Fisheries for the Future Act of 2025, the Assistant 
Administrator for Fisheries shall submit to Congress a re-
port regarding— 
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‘‘(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.’’. 
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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; 
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(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 2025, the 
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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.’’. 
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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 2025, and not 
less frequently than once every 5 years thereafter, 
the Secretary shall develop, publish in the Federal 
Register, and submit to the Committee on 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. 
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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. 
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‘‘(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. 
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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-
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135 
ment measures to fund such data improvement, 
stockwide 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’’; 
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(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. 
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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– 
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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-
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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: 
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‘‘(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-
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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 
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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 
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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— 
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‘‘(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-
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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: 
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‘‘(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’’. 
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(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 2025, 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-
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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-
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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 
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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-
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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. 
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‘‘(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— 
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‘‘(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 
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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-
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fishing immediately and prevent over-
fishing of the stock; 
‘‘(ii) with respect to a stock of fish 
that is overfished, to end overfishing imme-
diately and to rebuild the stock of fish; or 
‘‘(iii) with respect to a stock of fish 
that is approaching a condition of being 
overfished, to end overfishing immediately 
and prevent the stock of fish from reaching 
such condition. 
‘‘(4) REBUILDING
PLAN
REQUIRED.—For a 
stock of fish that is overfished, any management 
document prepared pursuant to paragraph (3) or (5) 
for such fishery shall— 
‘‘(A) specify a time period for rebuilding 
the stock of fish that shall— 
‘‘(i) be as short as possible, taking 
into account the status and biology of over-
fished stocks of fish, the needs of fishing 
communities, recommendations by inter-
national organizations in which the United 
States participates, and the interaction of 
the overfished stock of fish within the ma-
rine ecosystem; and 
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‘‘(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 
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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 
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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 
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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 
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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 
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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: 
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‘‘(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.’’. 
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