‘‘(7) increase understanding of food security 
issues and the socioeconomic impacts of climate 
change on fishing participants, fishing communities, 
and related industries; 
‘‘(8) coordinate within the National Oceanic and 
Atmospheric Administration on issues related to cli-
mate change and fisheries, including on data needs 
and availability; 
‘‘(9) ensure that the research, resource manage-
ment, and expenditures to prepare fisheries for cli-
mate change promote racial and socioeconomic equity 
with respect to environmental and economic outcomes 
across fisheries and regions; 
‘‘(10) promote the increased incorporation of cli-
mate change impacts into fisheries management at re-
gional fishery management organizations and other 
international bodies; and 
‘‘(11) advance other climate change fishery 
science and management as appropriate. 
‘‘(b) EVALUATION.—The Secretary, with input from 
the Councils, shall, not later than three years after the date 
of the enactment of the Ocean-Based Climate Solutions Act 
of 2022 and every 5 years thereafter, conduct an inde-
pendent review that will be provided to Congress and the 
public on the results of the program, including— 
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‘‘(1) steps taken to modify or enhance research 
and data collection programs to better understand the 
effects of climate change on fishery resources and food 
security; 
‘‘(2) steps taken to evaluate various management 
strategies in the context of future climate scenarios; 
‘‘(3) how tools and solutions identified by the 
program have been or could be implemented in fishery 
science and management; and 
‘‘(4) the degree to which equity in outcomes of 
fulfilling programmatic duties was achieved as re-
quired by subsection (a)(9). 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry out 
this section $2,000,000 for each fiscal year 2022 through 
2026.’’. 
SEC. 306. CLIMATE-READY FISHERIES INNOVATION PRO-
GRAM. 
(a) CLIMATE-READY FISHERIES INNOVATION PRO-
GRAM.—Not later than one year after the date of the enact-
ment of this Act, the Administrator shall establish a pro-
gram, including grants, to develop innovative tools and ap-
proaches designed to increase the adaptive capacity of fish-
ery management to the impacts of climate change. In ad-
ministering such program, the Administrator shall— 
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(1) develop science and management tools and 
approaches that address regional and national prior-
ities to improve the conservation and management of 
fishery resources under existing and anticipated cli-
mate impacts; 
(2) provide for routine input from fishery man-
agers and scientists in order to maximize opportuni-
ties to incorporate results of the program in fishery 
management actions; 
(3) promote adoption of methods developed under 
the program in fishery management plans developed 
by the Regional Fishery Management Councils; 
(4) provide information and outreach to the pri-
vate sector and academic sector to encourage develop-
ment and operationalization of tools and approaches 
to manage the effects of climate change on fisheries; 
and 
(5) provide information and outreach to fishery 
participants to increase understanding of and encour-
age adoption and use of tools and approaches devel-
oped under the program. 
(b) COORDINATION OF THE PROGRAM.— 
(1) The Administrator shall establish a process 
to ensure coordination with and outreach to— 
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(A) regional offices and science centers of 
the National Marine Fisheries Service; 
(B) the Regional Fishery Management 
Councils; 
(C) the scientific and statistical committees 
of such Fishery Management Councils; and 
(D) other relevant programs, including the 
cooperative research and management program 
under section 318 of the Magnuson-Stevens Fish-
ery Conservation and Management Act (16 
U.S.C. 1867), the Integrated Ocean Observing 
System, and programs within the National Oce-
anic and Atmospheric Administration designed 
to address ocean acidification. 
(2) Such coordination should include identifica-
tion of multiyear research priorities to study and un-
derstand the current and anticipated impacts of cli-
mate change on fisheries, fisheries interactions, habi-
tats, fishery participants, fishing communities, sea-
food markets, fisheries science and monitoring, or 
other relevant priority. Such priorities should be rou-
tinely reviewed in a timeframe not to exceed 5 years 
and updated as necessary. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Administrator to carry 
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out this section $5,000,000 for each of fiscal years 2022 
through 2026. 
SEC. 307. REPORT ON SHIFTING STOCKS AND WAYS TO 
ADAPT FISHERIES FOR THE IMPACTS OF CLI-
MATE CHANGE. 
Not later than one year after the date of the enactment 
of this Act, the Administrator shall transmit a report to 
Congress— 
(1) assessing whether and how fish stocks have 
shifted and are expected to shift as a result of climate 
change, the magnitude and timing of shifts, and a list 
of shifting stocks by region; 
(2) evaluating the impacts range shifts are hav-
ing on fisheries stock assessments and describing how 
survey methods are being modified to capture range 
shifts in fisheries; 
(3) assessing factors that promote resilience of 
fish stocks undergoing range shift; 
(4) assessing existing Federal policies on fishing 
permits and licenses in each region, including alloca-
tion between States and jurisdictions, and whether 
those rules facilitate the resilience and adaptive ca-
pacity of fisheries when stocks shift; and 
(5) identifying actions that could be taken to fa-
cilitate the shifting, splitting, or transitioning of per-
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mits to fishermen in the regions where stocks have 
shifted, consistent with the requirements of the Mag-
nuson-Stevens Fishery Conservation and Management 
Act and other applicable law. 
SEC. 308. ESSENTIAL FISH HABITAT CONSULTATION. 
Section 305(b) of the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1855(b)) is 
amended— 
(1) in paragraph (1)(A)— 
(A) by inserting ‘‘every five years’’ after 
‘‘updating’’; and 
(B) by inserting ‘‘, changes to habitat, in 
part due to climate change,’’ after ‘‘evidence’’; 
(2) in paragraph (1)(D), by inserting ‘‘and such 
agencies shall take action’’ after ‘‘agencies’’; 
(3) by striking paragraphs (2) through (4) and 
inserting after paragraph (1) the following: 
‘‘(2) 
CONSULTATIONS
REGARDING
FEDERAL 
AGENCY ACTION WITH ADVERSE EFFECTS ON ESSEN-
TIAL FISH HABITAT.— 
‘‘(A) REQUIREMENT TO AVOID OR MITIGATE 
ADVERSE EFFECTS.—Notwithstanding any other 
provision of law, any Federal agency shall con-
sult with the Secretary to ensure that any action 
proposed to be authorized, funded, or undertaken 
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by such agency avoids the adverse effect of such 
action on essential fish habitat or, to the extent 
that the adverse effect cannot be avoided, the 
agency shall minimize and mitigate the adverse 
effect. In the case of habitat areas of particular 
concern, the agency shall further— 
‘‘(i) conduct or require monitoring for 
possible adverse effects, and, if adverse ef-
fects occur, undertake additional actions to 
minimize and mitigate any such adverse ef-
fects of the action on the habitat area of 
particular concern and species for which the 
habitat area of particular concern is identi-
fied for the duration of time over which ad-
verse impacts are likely to occur; and 
‘‘(ii) evaluate the effectiveness of meas-
ures to avoid, minimize, and mitigate ad-
verse impacts to the habitat area of par-
ticular concern and species for which the 
habitat area of particular concern is identi-
fied, and report the results of such evalua-
tion to the Secretary on an annual basis. 
‘‘(B) CONSIDERATIONS.—In completing the 
requirements 
under 
subparagraph 
(A) 
for 
projects seeking to restore and improve the long- 
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term resilience of habitat, particularly in estua-
rine environments heavily impacted by sea level 
rise and other climate change factors, each Fed-
eral agency shall, in consultation with the Sec-
retary, take into account the consequences of not 
pursuing such restoration and habitat resilience 
projects and the long-term positive impacts on 
fish populations of such activities. 
‘‘(C) REGULATIONS REGARDING CONSULTA-
TION PROCESS.—Not later than 180 days after 
the date of the enactment of the Ocean-Based Cli-
mate Solutions Act of 2022, the Secretary shall 
establish regulations for the consultation process, 
including procedures to ensure that recommenda-
tions made by the Secretary under subparagraph 
(A) would result in the avoidance of adverse ef-
fects on essential fish habitat and, if avoidance 
is not possible, the minimization and mitigation 
of any such adverse effects. 
‘‘(3) INPUT
FROM
APPROPRIATE
COUNCILS.— 
With regard to a consultation required under para-
graph (2), the Secretary shall provide the relevant 
Council or Councils with information regarding the 
proposed action and the potential adverse effects, and 
the Council or Councils may comment on and make 
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recommendations to the Secretary and any Federal or 
State agency concerning— 
‘‘(A) the action if, in the view of the Coun-
cil, such action may affect the habitat of a fish-
ery resource under the authority of such Council; 
and 
‘‘(B) the action if, in the view of the Coun-
cil, such action is likely to adversely affect the 
habitat of an anadromous fishery resource under 
the authority of such Council. 
‘‘(4) INFORMATION FROM OTHER SOURCES.— 
‘‘(A) RECEIPT OF INFORMATION.— 
‘‘(i) If the Secretary receives informa-
tion from a Council or Federal or State 
agency, or determines from another source, 
or the consultation required in paragraph 
(2), that an action authorized, funded, or 
undertaken, or proposed to be authorized, 
funded, or undertaken by any Federal agen-
cy would adversely affect an essential fish 
habitat identified under this chapter, the 
Secretary shall recommend to such agency 
measures that can be taken by such agency 
to avoid the adverse effects of the action on 
such habitat or, to the extent that adverse 
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effects cannot be avoided, minimize and 
mitigate the adverse effects. 
‘‘(ii) Any recommendations made by 
the Secretary shall be made available to the 
public on the website of the National Ma-
rine Fisheries Service at the time the rec-
ommendations are made. 
‘‘(B) REQUIRED RESPONSE.— 
‘‘(i) Within 30 days after receiving a 
recommendation under subparagraph (A), a 
Federal agency shall provide a detailed re-
sponse in writing to any Council com-
menting under paragraph (3) and the Sec-
retary regarding the matter. The response 
shall include a description of measures pro-
posed by the agency for avoiding the adverse 
effects, or to the extent the adverse effects 
cannot be avoided, minimizing and miti-
gating the adverse effects of the action on es-
sential fish habitat. In the case of a re-
sponse that is inconsistent with the rec-
ommendations of the Secretary, the Federal 
agency shall explain how the alternative 
measures proposed will avoid the adverse ef-
fects of such action on essential fish habitat 
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or, to the extent that adverse effects cannot 
be avoided, mitigate the adverse effects. 
‘‘(ii) Such responses shall be made 
available to the public on the website of the 
National Marine Fisheries Service at the 
time that the recommendations are received. 
‘‘(C) PUBLICATION.—The Secretary shall 
make available to the public— 
‘‘(i) any recommendation made under 
subparagraph (A); and 
‘‘(ii) any response made by an agency 
under subparagraph (B) on the date on 
which such response is received. 
‘‘(5) MONITORING
FOR
EFFECTIVENESS.—Each 
Federal agency shall monitor the effectiveness of meas-
ures that it takes to avoid, minimize, and mitigate 
adverse impacts to essential fish habitat. 
‘‘(6) ESSENTIAL
FISH
HABITAT.—In this sub-
section, the term ‘habitat areas of particular concern’ 
means specific types of areas that are part of or with-
in essential fish habitat that— 
‘‘(A) provide an important ecological func-
tion, including for maintaining and restoring 
the biomass, demographic, spatial, or genetic 
characteristics of fish populations; 
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125 
‘‘(A) award planning grants to coastal 
States for the purpose of developing or revising 
comprehensive working waterfronts plan; 
‘‘(B) award grants consistent with the pur-
poses of this section to States undertaking the 
working waterfronts planning process under this 
section, for the purpose of preserving and pro-
tecting working waterfronts during such process; 
and 
‘‘(C) determine that a preexisting coastal 
land use plan for that State is in accordance 
with the requirements of this subsection. 
‘‘(5) Any coastal State applying for a working 
waterfronts grant under this title shall— 
‘‘(A) develop a working waterfronts plan, 
using a process that involves the public and those 
with an interest in the coastal zone; 
‘‘(B) coordinate development and implemen-
tation of such a plan with other coastal manage-
ment programs, regulations, and activities of the 
coastal State; and 
‘‘(C) if the coastal State allows qualified 
holders (other than the coastal State) to enter 
into working waterfronts covenants, provide as 
part of the working waterfronts plan under this 
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