I 
118TH CONGRESS 
2D SESSION 
H. R. 8862 
To reauthorize and amend the Magnuson-Stevens Fishery Conservation and 
Management Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 27, 2024 
Mr. HUFFMAN (for himself, Mr. MOYLAN, Mr. CASE, and Mrs. PELTOLA) in-
troduced the following bill; which was referred to the Committee on Nat-
ural Resources, and in addition to the Committee on Agriculture, for a 
period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To reauthorize and amend the Magnuson-Stevens Fishery 
Conservation and Management Act, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Sustaining America’s 
Fisheries for the Future Act of 2024’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. References. 
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Sec. 4. Definitions. 
Sec. 5. Gender neutral language. 
Sec. 6. Conforming amendments to table of contents of Magnuson-Stevens 
Fishery Conservation and Management Act. 
TITLE I—CLIMATE-READY FISHERIES 
Sec. 101. Findings, purposes, and policy. 
Sec. 102. Promoting climate resilience in fisheries management. 
Sec. 103. Incorporating climate science. 
Sec. 104. Climate-ready fisheries innovation program. 
Sec. 105. Managing shifting stocks of fish. 
Sec. 106. Emerging fisheries. 
Sec. 107. Report regarding inshore and shallow water mobile gear fishing. 
TITLE II—SUPPORTING FISHING COMMUNITIES 
Sec. 201. Subsistence fishing. 
Sec. 202. Working Waterfronts Grant Program. 
Sec. 203. Seafood marketing. 
Sec. 204. Community participation in limited access privilege programs. 
Sec. 205. Findings. 
TITLE III—STRENGTHENING PUBLIC PROCESS AND 
TRANSPARENCY 
Sec. 301. Tribal representation on Pacific Fishery Management Council. 
Sec. 302. Tribal representation on North Pacific Fishery Management Council. 
Sec. 303. Atlantic Councils. 
Sec. 304. Council procedures and participation. 
Sec. 305. Council accountability and membership. 
Sec. 306. Western Pacific Sustainable Fishery Fund. 
Sec. 307. Council staff and administration. 
Sec. 308. National Oceanic and Atmospheric Administration sexual harassment 
and assault prevention. 
TITLE IV—MODERNIZING FISHERIES SCIENCE AND DATA 
Sec. 401. Data modernization. 
Sec. 402. Expanding and improving electronic technologies. 
Sec. 403. Stock Assessments. 
Sec. 404. Cooperative research and management. 
Sec. 405. Northeast regional pilot research trawl survey and study. 
Sec. 406. Recreational data consistency. 
Sec. 407. Emergency operating plans. 
Sec. 408. Zeke Grader Fisheries Conservation and Management Fund. 
Sec. 409. Offshore wind collaboration. 
Sec. 410. Shark populations analysis. 
TITLE V—SUSTAINING FISHERIES THROUGH HEALTHY 
ECOSYSTEMS AND IMPROVED MANAGEMENT 
Sec. 501. Sense of Congress. 
Sec. 502. Essential fish habitat consultation. 
Sec. 503. Reducing bycatch. 
Sec. 504. Improving rebuilding outcomes. 
Sec. 505. Overfished fisheries and preventing overfishing. 
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Sec. 506. Preparation and review of Secretarial plans. 
Sec. 507. Councils. 
Sec. 508. Forage fish conservation. 
Sec. 509. Funding for monitoring implementation of Northeast Multispecies 
Fishery Management Plan. 
Sec. 510. Highly migratory species. 
TITLE VI—INTERNATIONAL FISHERIES MANAGEMENT 
Sec. 601. Conservation Commissioner of Atlantic Tunas Convention. 
Sec. 602. Conservation Commissioner of Western and Central Pacific Fisheries 
Convention. 
Sec. 603. Conservation Commissioner of Inter-American Tropical Tuna Com-
mission. 
Sec. 604. Application of annual catch limit and accountability measures re-
quirement. 
Sec. 605. Authorization of appropriations. 
SEC. 3. REFERENCES. 
Except as otherwise expressly provided, wherever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
section or other provision of the Magnuson-Stevens Fish-
ery Conservation and Management Act (16 U.S.C. 1801 
et seq.). 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the National 
Oceanic and Atmospheric Administration. 
(2) COUNCIL.—The term ‘‘Council’’ has the 
meaning given the term in section 3 of the Magnu-
son-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1802). 
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(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce. 
SEC. 5. GENDER NEUTRAL LANGUAGE. 
(a) The Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.) is amended by 
striking ‘‘prepared by him’’ each place such term appears 
and inserting ‘‘prepared by the Secretary’’. 
(b) Each of the following provisions is amended by 
striking ‘‘he’’ each place such term appears and inserting 
‘‘the Secretary’’: 
(1) Section 201(h)(2) (16 U.S.C. 1821(h)(2)). 
(2) Section 204(b) (16 U.S.C. 1824(b)). 
(3) Section 305(c)(1) (16 U.S.C. 1855(c)(1)). 
(4) Section 306(b)(2) (16 U.S.C. 1856(b)(2)). 
(c) Each of the following provisions is amended by 
striking ‘‘his’’ each place such term appears and inserting 
‘‘the Secretary’s’’: 
(1) Section 3(39) (16 U.S.C. 1802(39)). 
(2) Section 204(b)(9) (16 U.S.C. 1824(b)(9)). 
(3) Section 306(b)(1) (16 U.S.C. 1856(b)(1)). 
(4) Section 308(a) (16 U.S.C. 1858(a)). 
(d) Section 201(e)(1)(D) (16 U.S.C. 1821(e)(1)(D)) 
is amended by striking ‘‘he’’ and inserting ‘‘such Sec-
retary’’. 
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(e) Section 201(i) (16 U.S.C. 1821(i)) is amended by 
striking ‘‘his’’ and inserting ‘‘such Governor’s’’. 
(f) Section 203(c)(5)(C) (16 U.S.C. 1823(c)(5)(C)) 
is amended by striking ‘‘his’’ and inserting ‘‘the minority 
leader’s’’. 
(g) Sections 204(b)(4)(A) and 302(c)(1)(D) (16 
U.S.C. 1824(b)(4)(A) and 1852(c)(1)(D)) are each 
amended by striking ‘‘his’’ and inserting ‘‘such Sec-
retary’s’’. 
(h) Subsections (b)(1)(B) and (c)(1)(A) of section 
302 (16 U.S.C. 1852(b)(1)(B) and (c)(1)(A)) are each 
amended by striking ‘‘his’’ and inserting ‘‘such director’s’’. 
(i) Section 302(c)(1)(B) (16 U.S.C. 1852(c)(1)(B)) 
is amended by striking ‘‘his’’ and inserting ‘‘such com-
mander’s’’. 
(j) Section 302(c)(1)(C) (16 U.S.C. 1852(c)(1)(C)) 
is amended by striking ‘‘his’’ and inserting ‘‘such execu-
tive director’s’’. 
(k) Section 302(f)(4) (16 U.S.C. 1852(f)(4)) is 
amended by striking ‘‘he’’ and inserting ‘‘the Adminis-
trator of General Services’’. 
(l) Section 302(j)(4) (16 U.S.C. 1852(j)(4)) is 
amended by striking ‘‘his or her’’ and inserting ‘‘such indi-
vidual’s’’. 
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(m) Section 302(j)(7)(D) (16 U.S.C. 1852(j)(7)(D)) 
is amended by striking ‘‘he or she’’ each place such term 
appears and inserting ‘‘such individual’’. 
(n) Section 309(a) (16 U.S.C. 1859(a)) is amended 
by striking ‘‘he’’ and inserting ‘‘such person’’. 
(o) 
Section 
311(b)(1)(A)(i) 
(16 
U.S.C. 
1861(b)(1)(A)(i)) is amended by striking ‘‘he’’ and insert-
ing ‘‘such officer’’. 
(p) Section 311(b)(2) (16 U.S.C. 1861(b)(2)) is 
amended— 
(1) by striking ‘‘he’’ and inserting ‘‘such per-
son’’; and 
(2) by striking ‘‘his’’ and inserting ‘‘such per-
son’s’’. 
SEC. 6. CONFORMING AMENDMENTS TO TABLE OF CON-
TENTS 
OF 
MAGNUSON-STEVENS 
FISHERY 
CONSERVATION AND MANAGEMENT ACT. 
The table of contents is amended to read as follows: 
‘‘TABLE OF CONTENTS 
‘‘Sec. 2. Findings, purposes, and policy. 
‘‘Sec. 3. Definitions. 
‘‘Sec. 4. Authorization of appropriations. 
‘‘TITLE I—UNITED STATES RIGHTS AND AUTHORITY REGARDING 
FISH AND FISHERY RESOURCES 
‘‘Sec. 101. United States sovereign rights to fish and fishery management au-
thority. 
‘‘Sec. 102. Highly migratory species. 
‘‘TITLE II—FOREIGN FISHING AND INTERNATIONAL FISHERY 
AGREEMENTS 
‘‘Sec. 201. Foreign fishing. 
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‘‘Sec. 202. International fishery agreements. 
‘‘Sec. 203. Congressional oversight of international fishery agreements. 
‘‘Sec. 204. Permits for foreign fishing. 
‘‘Sec. 205. Import prohibitions. 
‘‘Sec. 206. Large-scale driftnet fishing. 
‘‘Sec. 207. International monitoring and compliance. 
‘‘TITLE III—NATIONAL FISHERY MANAGEMENT PROGRAM 
‘‘Sec. 301. National standards for fishery conservation and management. 
‘‘Sec. 302. Regional fishery management councils. 
‘‘Sec. 303. Contents of fishery management plans. 
‘‘Sec. 304. Action by the Secretary. 
‘‘Sec. 305. Other requirements and authority. 
‘‘Sec. 306. State jurisdiction. 
‘‘Sec. 307. Prohibited Acts. 
‘‘Sec. 308. Civil penalties and permit sanctions. 
‘‘Sec. 309. Criminal offenses. 
‘‘Sec. 310. Civil forfeitures. 
‘‘Sec. 311. Enforcement. 
‘‘Sec. 312. Transition to sustainable fisheries. 
‘‘Sec. 313. North Pacific fisheries conservation. 
‘‘Sec. 314. Northwest Atlantic Ocean fisheries reinvestment program. 
‘‘Sec. 315. Regional Coastal Disaster Assistance, Transition, and Recovery Pro-
gram. 
‘‘Sec. 316. Bycatch Reduction Engineering Program. 
‘‘Sec. 317. Shark Feeding. 
‘‘Sec. 318. Cooperative Research and Management Program. 
‘‘Sec. 319. Herring Study. 
‘‘Sec. 320. Restoration Study. 
‘‘Sec. 321. Required possession of descending devices. 
‘‘Sec. 322. Increasing resilience of stocks of fish to climate change. 
‘‘TITLE IV—FISHERY MONITORING AND RESEARCH 
‘‘Sec. 401. Registration and information management. 
‘‘Sec. 402. Information collection. 
‘‘Sec. 403. Observers. 
‘‘Sec. 404. Fisheries research. 
‘‘Sec. 405. Incidental harvest research. 
‘‘Sec. 406. Fisheries systems research. 
‘‘Sec. 407. Gulf of Mexico red snapper research. 
‘‘Sec. 408. Deep sea coral research and technology program. 
‘‘Sec. 409. Recreational data improvement program.’’. 
TITLE I—CLIMATE-READY 
FISHERIES 
SEC. 101. FINDINGS, PURPOSES, AND POLICY. 
Section 2 (16 U.S.C. 1801) is amended— 
(1) in subsection (a)— 
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(A) by amending paragraph (2) to read as 
follows: 
‘‘(2) Certain stocks of fish have declined to the 
point where their survival is threatened, and other 
stocks of fish have been so substantially reduced in 
number that they could become similarly threatened 
as a consequence of— 
‘‘(A) increased fishing pressure; 
‘‘(B) inadequate fishery resource conserva-
tion and management practices and controls; 
‘‘(C) direct and indirect habitat losses that 
result in a diminished capacity to support exist-
ing fishing levels; or 
‘‘(D) changing environmental conditions, 
including 
those 
associated 
with 
climate 
change.’’; 
(B) in paragraph (6), by striking ‘‘to in-
sure conservation,’’ and inserting ‘‘to ensure 
conservation, to account for the impacts of envi-
ronmental changes on stocks of fish,’’; 
(C) by amending paragraph (9) to read as 
follows: 
‘‘(9) One of the greatest long-term threats to 
the viability of commercial and recreational fisheries 
is the continuing degradation of marine ecosystems, 
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including the loss of marine, estuarine, and other 
aquatic habitats, including as a result of changing 
environmental conditions associated with climate 
change. 
Habitat 
and 
ecosystem 
considerations 
should receive increased attention for the conserva-
tion and management of fishery resources of the 
United States.’’; and 
(D) by adding at the end the following: 
‘‘(14) Environmental changes associated with 
climate change, including changes in water tempera-
ture, ocean acidification, and deoxygenation, are rap-
idly altering the abundance, productivity, and dis-
tribution of fish and are affecting commercial, rec-
reational, and subsistence fisheries. 
‘‘(15) The impacts of climate change on fish 
and their habitats are resulting in management and 
sustainability challenges that threaten to negatively 
impact marine ecosystems, fishery resources, and 
coastal communities. 
‘‘(16) Many factors beyond the direct impacts 
of fishing can contribute to a decline in abundance 
of a stock of fish, resulting in depleted stocks of fish 
and threatening the stability of ecosystems and fish-
ing communities, including climate change, pollution, 
habitat and watershed degradation, inadequate 
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freshwater resources, and industrial uses of the 
ocean. The designation of a stock of fish as over-
fished indicates that it is depleted and management 
actions are necessary to allow the stock of fish to re-
build, regardless of the cause of depletion.’’; 
(2) in subsection (b), by amending paragraph 
(5) to read as follows: 
‘‘(5) to establish Regional Fishery Management 
Councils to exercise sound judgement in the stew-
ardship of fishery resources through the preparation, 
monitoring, and revision of such plans under cir-
cumstances— 
‘‘(A) which will enable the States, the fish-
ing industry, consumer and environmental orga-
nizations, and other interested persons to par-
ticipate in, and advise on, the establishment 
and administration of such plans; 
‘‘(B) which take into account the social 
and economic needs of the States; and 
‘‘(C) which address the impacts of environ-
mental conditions associated with climate 
change on stocks of fish, marine ecosystems, 
fisheries management, and coastal commu-
nities;’’; and 
(3) in subsection (c)— 
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(A) in paragraph (6), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (7), by striking the pe-
riod at the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(8) to promote management that accounts for 
changes in stocks of fish and the marine environ-
ment that result from climate change; and 
‘‘(9) to ensure that the research, resource man-
agement, and expenditures to prepare fisheries and 
fishing communities for climate change include in-
digenous, insular, and coastal populations in deci-
sionmaking and promote equity with respect to envi-
ronmental, economic, and social outcomes across 
fisheries and regions.’’. 
SEC. 102. PROMOTING CLIMATE RESILIENCE IN FISHERIES 
MANAGEMENT. 
(a) IN
GENERAL.—Section 303(a) (16 U.S.C. 
1853(a)) is amended— 
(1) in paragraph (1)(A)— 
(A) by striking ‘‘and’’ before ‘‘to protect’’; 
and 
(B) by inserting ‘‘, and to promote the re-
silience of stocks of fish to cumulative stressors, 
including cumulative stressors associated with 
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climate change’’ before the semicolon at the 
end; 
(2) in paragraph (3), by inserting ‘‘including 
considering the impacts of climate change,’’ after 
‘‘fishery,’’; 
(3) in paragraph (8), by striking ‘‘1991’’ and 
inserting ‘‘2024’’, and by inserting ‘‘, including data 
needed to implement the plan effectively under pre-
vailing and anticipated environmental or ecological 
conditions, including climate change’’ before the 
semicolon at the end; 
(4) in paragraph (13), by inserting ‘‘as well as 
examine the vulnerability of the fishery and fishery 
participants to the impacts of prevailing and antici-
pated environmental or ecological conditions, includ-
ing climate change’’ before the semicolon at the end; 
(5) in paragraph (14), by striking ‘‘and;’’ and 
inserting a semicolon; 
(6) in paragraph (15), by striking the period at 
the end and inserting a semicolon; and 
(7) by adding at the end the following: 
‘‘(16) assess and describe the anticipated im-
pacts of climate change and other environmental and 
ecological changes on the fishery, including an as-
sessment of whether and how the management 
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measures contained in the plan or plan amendment 
have accounted for such impacts, and a summary of 
the information used in such assessment; and 
‘‘(17) describe and identify the current range 
and distribution of, and fishing patterns on, each 
stock of fish managed under the plan, including 
areas outside the jurisdiction of the Council having 
authority to issue the plan, and for each stock of 
fish the distribution of which crosses management 
boundaries, describe the measures used to coordinate 
with other relevant management bodies for the con-
servation and management of each such stock of 
fish.’’. 
(b) INCREASING RESILIENCE OF STOCKS OF FISH TO 
CLIMATE CHANGE.—Title III (16 U.S.C. 1851 et seq.) is 
amended by adding at the end the following: 
‘‘SEC. 322. INCREASING RESILIENCE OF STOCKS OF FISH TO 
CLIMATE CHANGE. 
‘‘(a) VULNERABILITY ASSESSMENT.—Not later than 
3 years after the date of the enactment of the Sustaining 
America’s Fisheries for the Future Act of 2024, and every 
5 years thereafter, the Secretary shall— 
‘‘(1) assess the vulnerability of stocks of fish 
within the geographical area of authority of each 
Council to climate change; 
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Council has taken to implement such plan or provide 
an explanation for not taking such action. 
‘‘(c) REPORT TO CONGRESS.—Not later than 3 years 
after the date of the enactment of the Sustaining Amer-
ica’s Fisheries for the Future Act of 2024, and every 5 
years thereafter, the Secretary shall submit to Congress 
a report— 
‘‘(1) describing the vulnerability of stocks of 
fish to climate change; 
‘‘(2) identifying the risks posed by climate 
change to the conservation and management of 
stocks of fish; and 
‘‘(3) summarizing the steps taken by the Sec-
retary and the Councils to mitigate and address the 
impacts on and risks of climate change to stocks of 
fish.’’. 
(c) GUIDANCE
FOR COUNCILS.—Section 305 (16 
U.S.C. 1855) is amended by adding at the end the fol-
lowing: 
‘‘(l) GUIDANCE.—Not later than 2 years after the 
date of the enactment of the Sustaining America’s Fish-
eries for the Future Act of 2024, the Secretary shall issue 
guidelines to assist the Councils in preparing and adapting 
fishery management for the impacts of climate change, in-
cluding for consideration of climate change in the con-
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servation and management of stocks of fish under the geo-
graphical area of authority of each Council.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date that is 4 years 
after the date of the enactment of this section. 
SEC. 103. INCORPORATING CLIMATE SCIENCE. 
(a) 
COUNCIL
TRAINING
PROGRAM.—Section 
302(k)(1) (16 U.S.C. 1852(k)(1)) is amended— 
(1) by redesignating subparagraphs (C) through 
(H) as subparagraphs (D) through (I), respectively; 
(2) by redesignating subparagraph (I) as sub-
paragraph (K); 
(3) by inserting after subparagraph (B) the fol-
lowing: 
‘‘(C) climate change and relevant impacts 
of climate change on fisheries health, range, 
and other factors that would affect the con-
servation and management of a stock of fish;’’; 
(4) by striking ‘‘and’’ after the semicolon at the 
end of subparagraph (I), as so redesignated; and 
(5) by inserting after subparagraph (I), as so 
redesignated, the following: 
‘‘(J) ecosystem-based fishery management; 
and’’. 
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(b) FISHERIES RESEARCH.—Section 404 (16 U.S.C. 
1881c) is amended— 
(1) in subsection (a), by inserting ‘‘, on changes 
in geographic range, spatial distribution, and pro-
ductivity of a fishery or interrelated fisheries,’’ after 
‘‘management’’; and 
(2) in subsection (c)(1), by inserting ‘‘changes 
in geographic range, spatial distribution, and pro-
ductivity of a fishery or interrelated fisheries,’’after 
‘‘degradation,’’. 
SEC. 104. CLIMATE-READY FISHERIES INNOVATION PRO-
GRAM. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this section, the Administrator 
shall establish a program to develop innovative tools and 
approaches designed to increase the adaptive capacity of 
fishery management to the impacts of climate change. 
(b) DUTIES.—In carrying out the program estab-
lished under subsection (a), the Administrator shall— 
(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; 
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(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 de-
veloped by the Councils; 
(4) provide information and outreach to the pri-
vate and academic sectors to encourage development 
and operationalization of tools and approaches to 
manage the effects of climate change on fisheries; 
and 
(5) provide information and outreach to fishery 
participants to increase understanding and encour-
age adoption and use of tools and approaches devel-
oped under the program. 
(c) COORDINATION OF PROGRAM.— 
(1) IN GENERAL.—In carrying out the program 
established under subsection (a), the Administrator 
shall establish a process to ensure coordination with 
and outreach to— 
(A) regional offices and science centers of 
the National Marine Fisheries Service; 
(B) the Councils; 
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(C) the scientific and statistical committees 
of the Councils; and 
(D) the heads of other relevant programs, 
including the cooperative research and manage-
ment program established under section 318 
(16 U.S.C. 1867), the Integrated Ocean Ob-
serving System, and programs within the Na-
tional Oceanic and Atmospheric Administration 
designed to address ocean acidification. 
(2) IDENTIFICATION
OF
RESEARCH
PRIOR-
ITIES.— 
(A) IN
GENERAL.—Coordination carried 
out under paragraph (1) should include identi-
fication of multiyear research priorities to study 
and understand the current and anticipated im-
pacts of climate change on fisheries, fisheries 
interactions, habitats, fishery participants, fish-
ing communities, seafood markets, fisheries 
science and monitoring, or other relevant prior-
ities. 
(B) REVIEW.—The Administrator, in co-
ordination with the entities described in sub-
paragraphs (A) through (D) of paragraph (1), 
should routinely review the priorities identified 
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under subparagraph (A) in a timeframe not to 
exceed 5 years and updated as necessary. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Administrator to 
carry out this section $5,000,000 for each of fiscal years 
2025 through 2029. 
SEC. 105. MANAGING SHIFTING STOCKS OF FISH. 
(a) CROSS-JURISDICTIONAL MANAGEMENT.—Section 
304(f) (16 U.S.C. 1854(f)) is amended to read as follows: 
‘‘(f) FISHERIES UNDER AUTHORITY OF MORE THAN 
1 COUNCIL.— 
‘‘(1) SECRETARIAL REVIEW OF AREAS OF AU-
THORITY.—The Secretary shall review the geo-
graphical area of authority of each Council to deter-
mine if a substantial portion of any federally man-
aged fishery within such area is within the area of 
authority of another council— 
‘‘(A) upon request of such Council; or 
‘‘(B) not less frequently than every 5 
years. 
‘‘(2) DESIGNATION OF COUNCIL TO PREPARE 
PLAN.—If the Secretary determines under para-
graph (1) that a substantial portion of a federally 
managed fishery is located in the geographical area 
of authority of more than 1 Council, the Secretary 
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‘‘(i) IN
GENERAL.—If the Secretary 
determines under subparagraph (A) that a 
fishery described in paragraph (2) no 
longer has a substantial portion of such 
fishery located in the geographical area of 
authority of more than 1 Council— 
‘‘(I) the Secretary shall deter-
mine which Council has predominant 
geographic authority over the fishery; 
and 
‘‘(II) not later than 2 years after 
the date on which the determination 
under subclause (I) is made, and at 
such other times as required under 
this Act, the Council determined 
under such subclause shall adopt any 
existing fishery management plan for 
the fishery and shall prepare and sub-
mit any plan amendments necessary 
for transitioning to single-Council 
management as well as for any other 
purposes, in accordance with the pro-
visions of this Act. 
‘‘(ii) REPEAL OF PRIOR PLAN.—Not-
withstanding subsection (h), upon the date 
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of adoption of a fishery management plan 
under clause (i)(II), any preceding fishery 
management plan with respect to such 
fishery is repealed. 
‘‘(5) ESTABLISHMENT OF CRITERIA.—The Sec-
retary shall by regulation identify criteria for deter-
mining under paragraphs (1) and (5) whether a sub-
stantial portion of a federally managed fishery is lo-
cated in the geographical area of authority of more 
than 1 Council. 
‘‘(6) ESTABLISHMENT
OF
BOUNDARIES.—The 
Secretary shall establish the boundaries between the 
geographical areas of authority of adjacent Councils. 
‘‘(7) REQUIREMENT FOR MAJORITY OF VOTING 
MEMBERS.—No jointly prepared plan or amendment 
required to be prepared under this subsection may 
be submitted to the Secretary unless such plan or 
amendment is approved by a majority of the voting 
members, present and voting, of each Council con-
cerned. 
‘‘(8) HIGHLY MIGRATORY SPECIES IN CERTAIN 
FISHERIES.—This subsection does not apply with re-
spect to any fishery to which section 302(a)(3) ap-
plies.’’. 
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(b) INTERNATIONAL COOPERATION
IN
THE RE-
SEARCH AND MANAGEMENT OF CROSS-JURISDICTIONAL 
FISHERIES.— 
(1) IN GENERAL.—The Secretary, in coordina-
tion with the Secretary of State where necessary, 
shall develop a strategy for coordinated research and 
management with other relevant nations with which 
the United States shares stocks of fish that are cur-
rently experiencing or are expected to experience 
shifts in geographic range or spatial distribution 
that spans or will span international boundaries, in-
cluding within the same life stage or across life 
stages. 
(2) REPORT.—Not later than 2 years after the 
date of the enactment of this section, the Secretary 
shall submit to the Congress a report that in-
cludes— 
(A) a list of fisheries that are currently ex-
periencing or are expected to experience shifts 
in geographic range or spatial distribution that 
spans or will span international boundaries and 
the relevant countries for each fishery or stock 
of a fishery’s current or expected range and the 
relevant regional fisheries management organi-
zation or other international organizations or 
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agreement with authority over the management 
of each fishery or stock of fish; 
(B) an analysis of priority research needs 
for each of these fisheries or stocks of fisheries 
that should be coordinated with other affected 
nations and relevant international management 
organizations; and 
(C) a 5-year strategy to undertake and 
complete such research, including a proposed 
budget and timeline for that work. 
SEC. 106. EMERGING FISHERIES. 
Section 305(a) (16 U.S.C. 1855(a)) is amended— 
(1) in the subsection heading, by striking ‘‘NO-
TIFICATION OF ENTRY’’ and inserting ‘‘DEVELOP-
MENT OF NEW FISHERIES’’; 
(2) in paragraph (1) to read as follows: 
‘‘(1) The Secretary shall publish in the Federal 
Register, subject to paragraph (3), and after notice 
and an opportunity for public comment— 
‘‘(A) a list of all fisheries managed under 
this Act, organized by Federal region (or Secre-
tarial management under section 302(a)(3), as 
applicable); and 
‘‘(B) with respect to each such fishery— 
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‘‘(i) the types of fishing gear author-
ized for use in such fishery; 
‘‘(ii) the jurisdiction (State, Federal, 
interstate, or otherwise) exercising man-
agement authority over such fishery; 
‘‘(iii) whether a fishery management 
plan or analogous management structure 
exists for the fishery; and 
‘‘(iv) the species authorized to be 
caught and retained in such fishery.’’; 
(3) in paragraph (2), by striking ‘‘determining’’ 
and all that follows through the end of the para-
graph and inserting ‘‘determining—’’ 
‘‘(A) when a fishery is sufficiently different 
from those listed as to constitute a new fishery; 
and 
‘‘(B) minimum criteria for a fishery to be 
considered managed under paragraph (1)(A), 
which, for federally managed fisheries, must in-
clude having a fishery management plan and 
associated regulations under this Act.’’; 
(4) by redesignating paragraph (6) as para-
graph (7); and 
(5) by striking paragraphs (3), (4), and (5) and 
inserting the following: 
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‘‘(3) Not later than 2 years after the date of 
the enactment of the Sustaining America’s Fisheries 
for the Future Act of 2024, and at least once every 
5 years thereafter, each Council (or the Secretary 
for fisheries to which section 302(a)(3) applies) shall 
review the fisheries for which the Council is respon-
sible on the list published under paragraph (1)(A) 
and submit to the Secretary proposed changes to 
such list in specific and narrow terms, including geo-
graphic range, to ensure that only managed fisheries 
are included on such list. 
‘‘(4) The Secretary shall review proposed 
changes pursuant to the guidelines established under 
paragraph (2) and publish a revised list, after notice 
and an opportunity for public comment. 
‘‘(5) The Secretary may permit, pursuant to 
section 318(d), on a limited interim basis, fishing 
activity that is not included on the list, if— 
‘‘(A) the experimental fishing permit is de-
signed and implemented so as to yield informa-
tion necessary and currently lacking for the de-
velopment of a fishery management plan or 
amendment 
to 
such 
plan 
under 
section 
302(h)(1) and section 303; 
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‘‘(B) the Secretary collects, evaluates, and, 
notwithstanding section 402(b), makes public 
the data generated by the experimental fishing 
activity at the end of each permit year, and 
based on such evaluation, the Council renders a 
determination of whether the fishing activity 
should be continued, either in the form of a 
subsequent year of experimental fishing under 
this paragraph, or in the form of a fishery man-
aged under a fishery management plan pursu-
ant to section 302(h)(1) and section 303; and 
‘‘(C) the data collected from, and the eval-
uation of the Secretary of, the fishing activity 
are included in any fishery management plan or 
amendment that is prepared for management of 
the fishing activity. 
‘‘(6) No person or vessel may employ fishing 
gear or engage in a fishery not included on the list 
except as provided in paragraph (4). A Council may 
request the Secretary to promulgate emergency reg-
ulations under subsection (c) to prohibit any persons 
or vessels from using an unlisted fishing gear or en-
gaging in an unlisted fishery.’’. 
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SEC. 107. REPORT REGARDING INSHORE AND SHALLOW 
WATER MOBILE GEAR FISHING. 
Not later than 1 year after the date of the enactment 
of this title, the Secretary shall conduct a study and sub-
mit to Congress, the Councils, State fisheries managers, 
and the regional Marine Fisheries Commissions a report 
regarding the effects of inshore and shallow water mobile 
gear fishing on habitat and nontarget species and the ef-
fects it has between interstate boundaries and Federal and 
State waters. 
TITLE II—SUPPORTING FISHING 
COMMUNITIES 
SEC. 201. SUBSISTENCE FISHING. 
(a) 
PURPOSES.—Section 
2(b)(3) 
(16 
U.S.C. 
1801(b)(3)) is amended by inserting ‘‘, subsistence,’’ after 
‘‘commercial’’. 
(b) DEFINITION OF SUBSISTENCE FISHING.—Section 
3 (16 U.S.C. 1802) is amended by inserting after para-
graph (42) the following: 
‘‘(42A)(A) SUBSISTENCE FISHING.—The term 
‘subsistence fishing’ means fishing in which the fish 
harvested are intended for customary and traditional 
uses, including— 
‘‘(i) for direct or sharing personal, family, 
or community consumption, including as food, 
shelter, clothing, or tools; 
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‘‘(ii) for the making or selling of handi-
craft articles out of nonedible byproducts of 
subsistence fishing; 
‘‘(iii) for barter; and 
‘‘(iv) for customary trade. 
‘‘(B) In this paragraph— 
‘‘(i) the term ‘family’ means all persons re-
lated by blood, marriage, or adoption, or any 
person living within the household on a perma-
nent basis; and 
‘‘(ii) the term ‘barter’ means the exchange 
of a fish or fish part harvested through subsist-
ence fishing— 
‘‘(I) for another fish or fish part; or 
‘‘(II) for other food or for nonedible 
items other than money if the exchange is 
of a limited and noncommercial nature.’’. 
SEC. 202. WORKING WATERFRONTS GRANT PROGRAM. 
The Coastal Zone Management Act of 1972 (16 
U.S.C. 1451 et seq.) is amended by inserting after section 
306A of that Act (16 U.S.C. 1455a) the following: 
‘‘SEC. 306B. WORKING WATERFRONTS. 
‘‘(a) TASK FORCE.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a task force to work directly with covered enti-
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ties, users of working waterfronts, and coastal stake-
holders to identify and address critical needs with 
respect to working waterfronts. 
‘‘(2) MEMBERSHIP.—The Secretary shall ap-
point members of the Task Force, and shall in-
clude— 
‘‘(A) experts in the unique economic, so-
cial, cultural, ecological, geographic, and re-
source concerns of working waterfronts; and 
‘‘(B) representatives from— 
‘‘(i) the Office of Coastal Management 
of the National Oceanic and Atmospheric 
Administration; 
‘‘(ii) the United States Fish and Wild-
life Service; 
‘‘(iii) the Department of Agriculture; 
‘‘(iv) the Environmental Protection 
Agency; 
‘‘(v) the United States Geological Sur-
vey; 
‘‘(vi) the Department of the Navy; 
‘‘(vii) the National Marine Fisheries 
Service; 
‘‘(viii) the Economic Development Ad-
ministration; 
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‘‘(ix) such other Federal agencies as 
the Secretary determines appropriate; 
‘‘(x) Indian Tribes; and 
‘‘(xi) Native Hawaiian organizations. 
‘‘(3) FUNCTIONS.—The Task Force shall— 
‘‘(A) identify and prioritize critical needs 
with respect to working waterfronts in coastal 
states that have a management program ap-
proved under section 306, in the areas of— 
‘‘(i) economic and cultural importance 
of such working waterfronts to commu-
nities; 
‘‘(ii) 
changing 
circumstances 
and 
threats such working waterfronts face from 
trade barriers and environmental changes, 
including sea level rise, extreme weather 
events, ocean acidification, and harmful 
algal blooms; and 
‘‘(iii) identifying such working water-
fronts and highlighting them within com-
munities; 
‘‘(B) outline options, in consultation with 
coastal states and coastal stakeholders, to ad-
dress each critical need identified under sub-
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paragraph (A), including adaptation and miti-
gation options where applicable; 
‘‘(C) identify which Federal agency is re-
sponsible for addressing each critical need iden-
tified under subparagraph (A); and 
‘‘(D) recommend which Federal agency is 
best suited to address each critical need identi-
fied under subparagraph (A) for which no re-
sponsible Federal agency is identified under 
subparagraph (C). 
‘‘(4) REPORT.—Not later than 18 months after 
the date of the enactment of this section, the Task 
Force shall submit to Congress a report regarding 
the findings of the Task Force under this sub-
section. 
‘‘(5) IMPLEMENTATION.—Not later than 30 
months after the date of the enactment of this sec-
tion, the head of each Federal agency identified 
under paragraph (3)(C) shall, to the extent prac-
ticable and subject to the availability of appropria-
tions, implement the options outlined under para-
graph (3)(B). 
‘‘(b) WORKING WATERFRONTS PLAN.— 
‘‘(1) IN GENERAL.—A covered entity may sub-
mit to the Secretary a working waterfronts plan for 
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approval under this subsection, which, as applicable 
and with respect to the covered entity— 
‘‘(A) shall— 
‘‘(i) provide for the preservation and 
expansion of access to coastal waters by 
coastal users; 
‘‘(ii) be complementary to and incor-
porate the policies, objectives, and regula-
tions of regional and local working water-
fronts plans or strategies in effect before 
the date of the enactment of this section; 
‘‘(iii) be developed through a process 
that— 
‘‘(I) ensures the involvement of 
coastal stakeholders; and 
‘‘(II) is consistent with other 
coastal management programs, regu-
lations, and activities of the covered 
entity; 
‘‘(iv) designate each qualified holder 
of the covered entity, if any; 
‘‘(v) if the covered entity designates a 
qualified holder under clause (iv)— 
‘‘(I) ensure that such qualified 
holder complies with the duty of a 
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qualified holder to enforce each work-
ing waterfront covenant to which the 
qualified holder is a party; and 
‘‘(II) certify that the covered en-
tity retains the responsibility to en-
sure that each affected working water-
front is managed in a manner that is 
consistent with the working water-
fronts plan of the covered entity; and 
‘‘(vi) include— 
‘‘(I) an assessment of the eco-
nomic, social, cultural, and historical 
value of working waterfronts; 
‘‘(II) a description of any rel-
evant non-Federal laws and regula-
tions that affect working waterfronts 
in the geographic areas identified 
under subclauses (III) and (IV); 
‘‘(III) an identification of geo-
graphic areas where working water-
fronts are, as of the date of the enact-
ment of this subsection, under threat 
of conversion to uses incompatible 
with commercial and recreational fish-
ing, recreational fishing and boating 
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businesses, aquaculture, boatbuilding, 
or other water-dependent, coastal-re-
lated business, and the level of that 
threat; 
‘‘(IV) an identification of geo-
graphic areas with a historical connec-
tion to working waterfronts where 
working waterfronts are not, as of the 
date of the enactment of this section, 
available, and, where appropriate, an 
assessment of the environmental im-
pacts of any expansion or new devel-
opment of working waterfronts on the 
coastal ecosystems of such geographic 
areas; 
‘‘(V) an identification of addi-
tional working waterfronts needs, in-
cluding 
improvements 
to 
existing 
working waterfronts; 
‘‘(VI) a strategic and prioritized 
plan for the preservation, expansion, 
and improvement of each relevant 
working waterfront; 
‘‘(VII) for geographic areas iden-
tified under subclauses (III) and (IV), 
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an identification of the current avail-
ability and potential for expansion of 
public access to coastal waters in such 
geographic areas; 
‘‘(VIII) a description of the de-
gree of community support for the 
plan included under subclause (VI); 
and 
‘‘(IX) a contingency plan for any 
property that reverts to the covered 
entity pursuant to a determination 
made by the covered entity under sub-
section (c)(11)(B); and 
‘‘(B) may— 
‘‘(i) be developed using existing infor-
mation contained in relevant surveys, 
plans, or other documents to fulfill the in-
formation requirements under this para-
graph; 
‘‘(ii) include a vulnerability assess-
ment, hazards resilience plan, or identifica-
tion of waterfront properties exposed to 
sea level rise or inundation; and 
‘‘(iii) be part of a management pro-
gram approved under section 306. 
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‘‘(2) DURATION OF APPROVAL.— 
‘‘(A) IN GENERAL.—A working waterfronts 
plan approved by the Secretary under this sub-
section shall be effective during the 5-year pe-
riod beginning on the date of such approval. 
‘‘(B) MAINTENANCE
OF
APPROVAL.—An 
eligible covered entity that participates in the 
grant program on the basis of an approved 
working waterfronts plan of that eligible cov-
ered entity shall resubmit such working water-
fronts plan for approval by the Secretary before 
the end of each 5-year period described in sub-
paragraph (A). 
‘‘(c) WORKING WATERFRONTS GRANT PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall, in con-
sultation with covered entities, Federal agencies the 
Secretary determines appropriate, and interested 
coastal stakeholders with expertise in working water-
fronts planning, establish a regionally equitable and 
competitive grant program, to be known as the 
‘Working Waterfronts Grant Program’. 
‘‘(2) USES.—The Secretary may award grants 
under this subsection to eligible covered entities— 
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‘‘(A) to implement or revise an approved 
working waterfronts plan of such eligible cov-
ered entity, including— 
‘‘(i) acquiring a working waterfront or 
an interest in a working waterfront; 
‘‘(ii) making improvements to a work-
ing waterfront, including constructing or 
repairing wharfs, boat ramps, or related 
facilities; or 
‘‘(iii) carrying out necessary climate 
adaptation mitigation activities for a work-
ing waterfront; or 
‘‘(B) to develop a working waterfronts plan 
of such eligible covered entity under subsection 
(b). 
‘‘(3) APPLICATION.— 
‘‘(A) IN GENERAL.—To be eligible for a 
grant under this subsection, an eligible covered 
entity shall submit an application to the Sec-
retary— 
‘‘(i) that, if applicable, is consistent 
with the management program of the eligi-
ble covered entity approved under section 
306; and 
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‘‘(ii) in such form, at such time, and 
containing such information as the Sec-
retary determines appropriate. 
‘‘(B) DEADLINE.—Not later than 60 days 
after the date on which the Secretary receives 
an application for a grant under this para-
graph, the Secretary shall approve or reject 
such application. 
‘‘(4) GUIDELINES.—The Secretary shall, in 
consultation with the entities described in paragraph 
(1), issue guidelines regarding the implementation of 
the grant program. 
‘‘(5) CRITERIA.—In awarding a grant to an eli-
gible covered entity, the Secretary shall take into ac-
count the following criteria: 
‘‘(A) The economic, cultural, and historical 
significance of working waterfronts to the eligi-
ble covered entity. 
‘‘(B) The demonstrated working water-
fronts needs of the eligible covered entity, as 
described in the approved working waterfronts 
plan of the eligible covered entity, if any. 
‘‘(C) The ability of the eligible covered en-
tity to meet the matching requirement under 
paragraph (10). 
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‘‘(D) The potential for rapid turnover in 
the ownership of relevant working waterfronts, 
and, if applicable, the need for the eligible cov-
ered entity to respond quickly when property in 
an existing or potential working waterfront area 
or public access area, as identified in the ap-
proved working waterfronts plan of the eligible 
covered entity, if any, comes under threat of 
conversion to incompatible uses or becomes 
available for purchase. 
‘‘(E) As applicable, the impact of the ap-
proved working waterfronts plan of the eligible 
covered entity, if any, on the coastal ecosystem 
and working waterfronts of the eligible covered 
entity and the users of the coastal ecosystem of 
the eligible covered entity. 
‘‘(6) OTHER TECHNICAL AND FINANCIAL AS-
SISTANCE.— 
‘‘(A) IN GENERAL.—Upon the request of 
an eligible covered entity that is awarded a 
grant under this subsection, the Secretary shall 
provide to such eligible covered entity technical 
assistance— 
‘‘(i) to identify and obtain sources of 
Federal technical or financial assistance 
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other than that provided under this sub-
section to develop a working waterfronts 
plan for approval under subsection (b) or 
to implement or revise an approved work-
ing waterfronts plan; 
‘‘(ii) to develop a working waterfronts 
plan for approval under subsection (b); 
‘‘(iii) to implement or revise an ap-
proved working waterfronts plan; 
‘‘(iv) to integrate resilience planning 
into working waterfronts preservation ef-
forts of such eligible covered entity; 
‘‘(v) to develop additional tools to pro-
tect working waterfronts; 
‘‘(vi) regarding guidance for best 
storm water management practices with 
regard to working waterfronts; or 
‘‘(vii) to collect and disseminate best 
practices regarding working waterfronts 
and resilience planning. 
‘‘(B) LIMITATION.—The Secretary may 
use not more than 5 percent of the amounts 
made available under this subsection in each 
fiscal year to provide technical assistance under 
this paragraph. 
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‘‘(7) 
PUBLIC
ACCESS
REQUIREMENT.—A 
project carried out with a grant awarded under this 
subsection, other than a project that involves com-
mercial fishing or other industrial access points to 
which the eligible covered entity determines public 
access would be unsafe, shall provide for the expan-
sion, improvement, or preservation of reasonable and 
appropriate public access to coastal waters at or in 
the vicinity of working waterfronts. 
‘‘(8) LIMITATION ON ACQUISITION.—An eligible 
covered entity that is awarded a grant under this 
subsection, or any entity to which such eligible cov-
ered entity allocates a portion of such grant under 
paragraph (9), may use such grant award to acquire 
title to or an interest in a working waterfront, in-
cluding an easement, only— 
‘‘(A) for fair market value from a willing 
seller; or 
‘‘(B) for less than fair market value from 
a seller that certifies to the Secretary that the 
seller is willing and is not subject to coercion. 
‘‘(9) ALLOCATION.— 
‘‘(A) IN GENERAL.—An eligible covered en-
tity that is awarded a grant under this sub-
section may allocate a portion of such grant 
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award to a unit of State or local government, 
a nonprofit organization, a fishing cooperative, 
or any other appropriate entity for the purpose 
of carrying out this subsection if such eligible 
covered entity ensures that any such allocated 
grant award is used consistently with this sub-
section. 
‘‘(B) 
IDENTIFIED
WORKING
WATER-
FRONTS.—The Secretary shall encourage each 
eligible covered entity that is awarded a grant 
under this subsection to equitably allocate such 
grant award among working waterfronts identi-
fied in the approved working waterfronts plan 
of each such eligible covered entity, if any. 
‘‘(10) MATCHING REQUIREMENT.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Federal share of a 
project carried out with a grant awarded under 
this subsection may not exceed 75 percent. 
‘‘(B) WAIVER
OF
MATCHING
REQUIRE-
MENT.—The Secretary may waive the applica-
tion of subparagraph (A)— 
‘‘(i) with respect to an eligible covered 
entity that is awarded a grant under this 
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subsection that has designated a qualified 
holder that is located within— 
‘‘(I) a disadvantaged community; 
or 
‘‘(II) a community that has an 
inability to draw on other sources of 
funding because of the small popu-
lation or low income of the commu-
nity; or 
‘‘(ii) for any other reason the Sec-
retary determines appropriate. 
‘‘(C) NON-FEDERAL
SHARE.—An eligible 
covered entity that is awarded a grant under 
this subsection may satisfy the non-Federal 
share of a project carried out with a grant 
awarded under this subsection through in-kind 
contributions and other noncash support, in-
cluding the following: 
‘‘(i) The value, as determined by an 
appraisal performed at such time before 
the award of the grant as the Secretary de-
termines appropriate, of a working water-
front or an interest in a working water-
front, including conservation and other 
easements, that is held in perpetuity by a 
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qualified holder, if the working waterfront 
or interest in a working waterfront— 
‘‘(I) is identified in the grant ap-
plication; and 
‘‘(II) is acquired by the qualified 
holder not later than 3 years after— 
‘‘(aa) the grant award date; 
or 
‘‘(bb) the date of the sub-
mission of such application and 
before the end of the initial 5- 
year period for which the ap-
proved working waterfronts plan 
associated with the grant applica-
tion, if any, is effective. 
‘‘(ii) The costs, including cash or in- 
kind contributions, associated with the ac-
quisition, restoration, or enhancement of, 
or making other improvements to, a work-
ing waterfront or an interest in a working 
waterfront, if— 
‘‘(I) such costs are identified in 
the grant application; and 
‘‘(II) the costs are incurred— 
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‘‘(aa) before the end of the 
initial 5-year period for which the 
approved 
working 
waterfronts 
plan associated with the grant 
application, if any, is effective; or 
‘‘(bb) for working water-
fronts described in clause (i), 
within the time limits described 
in that clause. 
‘‘(11) WORKING WATERFRONT COVENANTS.— 
‘‘(A) IN GENERAL.—An eligible covered en-
tity that is awarded a grant under this sub-
section may use such grant award with respect 
to a working waterfront only for which each 
person other than the eligible covered entity 
that holds title to or an interest in such work-
ing waterfront enters into a working waterfront 
covenant. 
‘‘(B) VIOLATION.— 
‘‘(i) IN GENERAL.—An eligible covered 
entity may determine, on the record after 
an opportunity for a hearing, that a work-
ing waterfront covenant of the eligible cov-
ered entity has been violated. 
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‘‘(ii) 
REVERSION; 
CONVEYANCE; 
RIGHT OF IMMEDIATE ENTRY.—If an eligi-
ble covered entity makes a determination 
under clause (i) that a violation described 
under that clause has occurred— 
‘‘(I) all right, title, and interest 
in and to the working waterfront cov-
ered by the violated working water-
front covenant shall revert to the eligi-
ble covered entity; 
‘‘(II) the eligible covered entity 
may convey the working waterfront or 
interest in the working waterfront to 
a qualified holder; and 
‘‘(III) the eligible covered entity 
shall have the right of immediate 
entry onto the working waterfront 
covered by the violated working water-
front covenant. 
‘‘(12) TERMS AND CONDITIONS.—The Secretary 
shall subject each grant awarded under this sub-
section to such terms and conditions as the Sec-
retary determines appropriate to ensure that each 
such grant is used for purposes consistent with this 
section. 
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‘‘(13) REPORT.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
biennially submit to Congress a report regard-
ing the implementation of this subsection, 
which shall include— 
‘‘(i) an evaluation, based on perform-
ance measures developed by the Secretary, 
of the effectiveness of the grant program 
in accomplishing the purposes of this sub-
section; 
‘‘(ii) an account of all expenditures 
under this subsection; and 
‘‘(iii) descriptions of each project car-
ried out using a grant awarded under this 
section. 
‘‘(B) ALTERNATIVE MANNER OF SUBMIS-
SION.—The Secretary may submit each report 
required under subparagraph (A) by including 
the information required under that subpara-
graph in each report required under section 
316. 
‘‘(14) ADMINISTRATIVE EXPENSES.—The Sec-
retary may use not more than 5 percent of the 
amounts made available under this subsection in 
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each fiscal year to pay the administrative expenses 
necessary to carry out this subsection. 
‘‘(15) AUTHORIZATION OF APPROPRIATIONS.— 
There is authorized to be appropriated to the Sec-
retary to carry out this subsection $50,000,000 for 
each of fiscal years 2025 through 2029. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) 
APPROVED
WORKING
WATERFRONTS 
PLAN.—The term ‘approved working waterfronts 
plan’ means a working waterfronts plan that is ap-
proved by the Secretary under subsection (b). 
‘‘(2) 
COASTAL
INDIAN
TRIBE.—The 
term 
‘coastal Indian Tribe’ means an Indian Tribe with 
respect to which land owned by the Indian Tribe, 
held in trust by the United States for the Indian 
Tribe, or held by the Indian Tribe and subject to re-
strictions on alienation imposed by the United 
States or the reservation of the Indian Tribe is lo-
cated within a coastal state. 
‘‘(3) COASTAL
USERS.—The term ‘coastal 
users’ means— 
‘‘(A) persons that engage in commercial or 
recreational fishing; 
‘‘(B) recreational fishing and boating busi-
nesses; and 
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‘‘(C) boatbuilding, aquaculture, and other 
water-dependent, coastal-related businesses. 
‘‘(4) COVERED ENTITY.—The term ‘covered en-
tity’ means— 
‘‘(A) a coastal state; 
‘‘(B) a coastal Indian Tribe; or 
‘‘(C) a Native Hawaiian organization. 
‘‘(5) ELIGIBLE
COVERED
ENTITY.—The term 
‘eligible covered entity’ means a covered entity 
that— 
‘‘(A) has an approved working waterfronts 
plan; 
‘‘(B) is in the process of developing a 
working waterfronts plan for approval under 
subsection (b); or 
‘‘(C) has a coastal land use plan that the 
Secretary determines is sufficient for the pur-
poses of this section. 
‘‘(6) GRANT PROGRAM.—The term ‘grant pro-
gram’ means the grant program established under 
subsection (c). 
‘‘(7) INDIAN TRIBE.—The term ‘Indian Tribe’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
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‘‘(8) NATIVE
HAWAIIAN
ORGANIZATION.—The 
term ‘Native Hawaiian organization’ means a non-
profit organization— 
‘‘(A) that serves the interests of Native 
Hawaiians; 
‘‘(B) in which Native Hawaiians serve in 
substantive and policymaking positions; 
‘‘(C) that is recognized for having expertise 
in Native Hawaiian culture and heritage, in-
cluding tourism; and 
‘‘(D) is located within a coastal state. 
‘‘(9) QUALIFIED HOLDER.—The term ‘qualified 
holder’ means— 
‘‘(A) a unit of local government of a cov-
ered entity, if the covered entity is a coastal 
state; or 
‘‘(B) a nonprofit organization; 
that is designated by a covered entity in the ap-
proved working waterfronts plan of the covered enti-
ty to carry out some or all of the functions of the 
covered entity under the grant program if the cov-
ered entity applies for and is awarded a grant under 
the grant program, including holding title to or an 
interest in a working waterfront acquired with a 
grant awarded under the grant program. 
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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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