IB 
Union Calendar No. 502 
117TH CONGRESS 
2D SESSION 
H. R. 4690 
[Report No. 117–685, Part I] 
To reauthorize and amend the Magnuson-Stevens Fishery Conservation and 
Management Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 26, 2021 
Mr. HUFFMAN (for himself and Mr. CASE) introduced the following bill; which 
was referred to the Committee on Natural Resources, and in addition to 
the Committee on Agriculture, for a period to be subsequently determined 
by the Speaker, in each case for consideration of such provisions as fall 
within the jurisdiction of the committee concerned 
DECEMBER 30, 2022 
Additional sponsors: Mr. NEGUSE, Mr. SUOZZI, Mr. BLUMENAUER, Mr. 
COHEN, Mrs. NAPOLITANO, Mr. LOWENTHAL, Ms. NORTON, Ms. LOF-
GREN, Mr. LEVIN of Michigan, Mrs. PELTOLA, Mrs. DINGELL, Mr. RUP-
PERSBERGER, Ms. PORTER, Mr. LIEU, and Ms. CHU 
DECEMBER 30, 2022 
Reported from the Committee on Natural Resources with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
DECEMBER 30, 2022 
Committee on Agriculture discharged; committed to the Committee of the 
Whole House on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on July 26, 2021] 
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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 2022’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. References. 
Sec. 4. Definitions. 
Sec. 5. Gender inclusive language. 
Sec. 6. Conforming amendments to the table of contents of the Magnuson-Stevens 
Fishery Conservation and Management Act. 
TITLE I—CLIMATE-READY FISHERIES 
Sec. 101. Findings, purpose, 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. 
Sec. 106. Emerging fisheries. 
TITLE II—SUPPORTING FISHING COMMUNITIES 
Sec. 201. Fishery Resource Disaster Relief. 
Sec. 202. Subsistence fishing. 
Sec. 203. Working Waterfronts Grant Program. 
Sec. 204. Seafood marketing. 
Sec. 205. Community participation in limited access privilege programs. 
Sec. 206. Findings. 
Sec. 207. Participation by fishery-dependent communities. 
TITLE III—STRENGTHENING PUBLIC PROCESS AND TRANSPARENCY 
Sec. 301. Tribal representation at the Pacific Fishery Management Council. 
Sec. 302. Tribal representation at the North Pacific Fishery Management Coun-
cil. 
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. National Oceanic and Atmospheric Administration sexual harassment 
and assault prevention. 
TITLE IV—MODERNIZING FISHERIES SCIENCE AND DATA 
Sec. 401. Data modernization. 
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Sec. 402. Expanding and improving electronic technologies. 
Sec. 403. Stock Assessments. 
Sec. 404. Cooperative research and management. 
Sec. 405. Northeast Regional pilot research trawl survey and study. 
Sec. 406. Recreational data consistency. 
Sec. 407. Emergency operating plans. 
Sec. 408. Zeke Grader Fisheries Conservation and Management Fund. 
Sec. 409. Offshore wind collaboration. 
Sec. 410. Shark populations analysis. 
TITLE V—SUSTAINING FISHERIES THROUGH HEALTHY 
ECOSYSTEMS AND IMPROVED MANAGEMENT 
Sec. 501. Sense of Congress. 
Sec. 502. Essential fish habitat consultation. 
Sec. 503. Reducing bycatch. 
Sec. 504. Improving rebuilding outcomes. 
Sec. 505. Overfished fisheries and preventing overfishing. 
Sec. 506. Preparation and review of secretarial plans. 
Sec. 507. Councils. 
Sec. 508. Forage fish conservation. 
Sec. 509. Funding for monitoring implementation of Northeast Multispecies Fish-
ery Management Plan. 
Sec. 510. Highly migratory species. 
TITLE VI—INTERNATIONAL FISHERIES MANAGEMENT 
Sec. 601. Conservation Commissioner of the Atlantic Tunas Convention Act. 
Sec. 602. Conservation Commissioner to the Western and Central Pacific Fish-
eries Convention. 
Sec. 603. Conservation Commissioner to the Inter-American Tropical Tuna Com-
mission. 
Sec. 604. Application of annual catch limit and accountability measures require-
ment. 
Sec. 605. Authorization of appropriations. 
SEC. 3. REFERENCES. 
Except as otherwise expressly provided in this Act, 
wherever in this Act an amendment or repeal is expressed 
in terms of an amendment to, or repeal of, a section or 
other provision, the reference shall be considered to be made 
to that section or other provision of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.). 
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SEC. 4. DEFINITIONS. 
In this Act: 
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the National Oce-
anic and Atmospheric Administration. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce. 
SEC. 5. GENDER INCLUSIVE 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)). 
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(d) Sections 204(b)(4)(A) and 302(c)(1)(D) (16 U.S.C. 
1824(b)(4)(A) and 1852(c)(1)(D)) are each amended by 
striking ‘‘his’’ and inserting ‘‘such Secretary’s’’. 
(e) 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’’. 
(f) Section 201(e)(1)(D) (16 U.S.C. 1821(e)(1)(D)) is 
amended by striking ‘‘he’’ and inserting ‘‘such Secretary’’. 
(g) Section 201(i) (16 U.S.C. 1821(i)) is amended by 
striking ‘‘his’’ and inserting ‘‘such Governor’s’’. 
(h) Section 203(c)(5)(C) (16 U.S.C. 1823(c)(5)(C)) is 
amended by striking ‘‘his’’ and inserting ‘‘the minority 
leader’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 executive 
director’s’’. 
(k) Section 302(f)(4) (16 U.S.C. 1852(f)(4)) is amend-
ed by striking ‘‘he’’ and inserting ‘‘the Administrator of 
General Services’’. 
(l) Section 302(j)(4) (16 U.S.C. 1852(j)(4)) is amended 
by striking ‘‘his or her’’ and inserting ‘‘such individual’s’’. 
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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 ap-
pears 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 THE TABLE OF 
CONTENTS 
OF 
THE 
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 author-
ity. 
‘‘Sec. 102. Highly migratory species. 
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‘‘TITLE II—FOREIGN FISHING AND INTERNATIONAL FISHERY 
AGREEMENTS 
‘‘Sec. 201. Foreign fishing. 
‘‘Sec. 202. International fishery agreements. 
‘‘Sec. 203. Congressional oversight of international fishery agreements. 
‘‘Sec. 204. Permits for foreign fishing. 
‘‘Sec. 205. Import prohibitions. 
‘‘Sec. 206. Large-scale driftnet fishing. 
‘‘Sec. 207. International monitoring and compliance. 
‘‘TITLE III—NATIONAL FISHERY MANAGEMENT PROGRAM 
‘‘Sec. 301. National standards for fishery conservation and management. 
‘‘Sec. 302. Regional fishery management councils. 
‘‘Sec. 303. Contents of fishery management plans. 
‘‘Sec. 304. Action by the Secretary. 
‘‘Sec. 305. Other requirements and authority. 
‘‘Sec. 306. State jurisdiction. 
‘‘Sec. 307. Prohibited Acts. 
‘‘Sec. 308. Civil penalties and permit sanctions. 
‘‘Sec. 309. Criminal offenses. 
‘‘Sec. 310. Civil forfeitures. 
‘‘Sec. 311. Enforcement. 
‘‘Sec. 312. Transition to sustainable fisheries. 
‘‘Sec. 313. North Pacific fisheries conservation. 
‘‘Sec. 314. Northwest Atlantic Ocean fisheries reinvestment program. 
‘‘Sec. 315. Regional Coastal Disaster Assistance, Transition, and Recovery 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 fish stocks 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, PURPOSE, AND POLICY. 
Section 2 (16 U.S.C. 1801) is amended— 
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(1) in subsection (a)— 
(A) by amending paragraph (2) to read as 
follows: 
‘‘(2) Certain stocks of fish have declined to the 
point where their survival is threatened, and other 
stocks of fish have been so substantially reduced in 
number that they could become similarly threatened 
as a consequence of— 
‘‘(A) increased fishing pressure; 
‘‘(B) the inadequacy of fishery resource con-
servation and management practices and con-
trols; 
‘‘(C) direct and indirect habitat losses 
which have resulted in a diminished capacity to 
support existing fishing levels; or 
‘‘(D) changing environmental conditions, 
including those associated with climate change.’’; 
(B) in paragraph (6), by inserting ‘‘to ac-
count for the impacts of environmental changes 
on stocks of fish,’’ after ‘‘insure conservation,’’; 
(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, in-
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cluding the loss of marine, estuarine, and other 
aquatic habitats, including as a result of changing 
environmental conditions associated with climate 
change. Habitat and ecosystem considerations should 
receive increased attention for the conservation and 
management of fishery resources of the United 
States.’’; 
(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 sus-
tainability challenges that threaten to negatively im-
pact 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 fish stocks and 
threatening the stability of ecosystems and fishing 
communities, including climate change, pollution, 
habitat and watershed degradation, inadequate fresh-
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water resources, and industrial uses of the ocean. The 
designation of a stock of fish as overfished indicates 
that it is depleted and management actions are nec-
essary to allow the stock to rebuild, regardless of the 
cause of depletion.’’; 
(2) by amending subsection (b)(5) to read as fol-
lows: 
‘‘(5) to establish Regional Fishery Management 
Councils to exercise sound judgement in the steward-
ship 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 communities;’’; and 
(3) in subsection (c)— 
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(A) in paragraph (6), by striking ‘‘and’’ 
after the semicolon at the end; 
(B) in paragraph (7), by striking the period 
at the end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(8) to promote management that accounts for 
changes in stocks of fish and the marine environment 
that result from climate change; and 
‘‘(9) to ensure that the research, resource man-
agement, and expenditures to prepare fisheries and 
fishing communities for climate change promote ra-
cial and socioeconomic equity with respect to environ-
mental, 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), by inserting ‘‘and to 
promote the resilience of fish stocks to cumulative 
stressors, including cumulative stressors associated 
with climate change’’ before the semicolon at the end; 
(2) in paragraph (3), by inserting ‘‘including 
considering the impacts of climate change,’’ after 
‘‘fishery,’’; 
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(3) in paragraph (8), by striking ‘‘1991’’ and in-
serting ‘‘2022’’, 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 semi-
colon 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) by striking the period at the end of para-
graph (15) and inserting ‘‘; and’’; and 
(7) by adding at the end the following: 
‘‘(16) assess and describe the anticipated impacts 
of climate change and other environmental and eco-
logical changes on the fishery, including an assess-
ment of whether and how the management measures 
contained in the plan or plan amendment have ac-
counted for these changes, and a summary of the in-
formation used in these assessments; 
‘‘(17) describe and identify the current range 
and distribution of, and fishing patterns on, fish 
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stocks managed under the plan, including areas out-
side the jurisdiction of the Council having authority 
to issue the plan, and for fish stocks whose distribu-
tion crosses management boundaries, describe the 
measures used for coordination with other relevant 
management bodies for the conservation and manage-
ment of the fish stock; and’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on the date that is 4 years after 
the date of enactment of this section. 
(c) INCREASING RESILIENCE OF FISH STOCKS TO CLI-
MATE CHANGE.—Title III is amended by adding at the end 
the following: 
‘‘SEC. 322. INCREASING RESILIENCE OF FISH STOCKS TO 
CLIMATE CHANGE. 
‘‘(a) VULNERABILITY ASSESSMENT.—Not later than 3 
years after the date of enactment of the Sustaining Amer-
ica’s Fisheries for the Future Act of 2022 and every 5 years 
thereafter, the Secretary shall— 
‘‘(1) assess the vulnerability of fish stocks within 
each Council’s geographical area of authority to cli-
mate change; 
‘‘(2) notify each Council of the vulnerability of 
fish stocks within such geographical area; and 
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‘‘(c) REPORT TO CONGRESS.—Not later than 3 years 
after the date of enactment of the Sustaining America’s 
Fisheries for the Future Act of 2022 and every 5 years 
thereafter, the Secretary shall submit a report to Congress— 
‘‘(1) describing the vulnerability of fish stocks to 
climate change; 
‘‘(2) identifying the risks posed by climate 
change to the conservation and management of fish 
stocks; 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 fish 
stocks.’’. 
(d) GUIDANCE FOR COUNCILS.—Section 305 is amend-
ed by adding at the end the following: 
‘‘(n) GUIDANCE.—Not later than 2 years after the date 
of enactment of the Sustaining America’s Fisheries for the 
Future Act of 2022, the Secretary shall issue guidelines to 
assist the Councils in preparing and adapting fishery man-
agement for the impacts of climate change, including for 
consideration of climate change in the conservation and 
management of fish stocks under each Council’s geo-
graphical area of authority.’’. 
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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 its relevant im-
pacts on fisheries health, range, and other factors 
that would affect the conservation and manage-
ment of a stock;’’; 
(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 re-
designated, the following: 
‘‘(J) ecosystem-based fishery management; 
and’’. 
(b) FISHERIES RESEARCH.—Section 404 (16 U.S.C. 
1881c) is amended— 
(1) in subsection (a), by inserting ‘‘; on changes 
in geographic range, spatial distribution, and produc-
tivity of a fishery or interrelated fisheries;’’ after 
‘‘management’’; and 
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(2) in subsection (c)(1), by inserting ‘‘changes in 
geographic range, spatial distribution, and produc-
tivity of a fishery or interrelated fisheries,’’after ‘‘deg-
radation,’’. 
SEC. 104. 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 to develop innovative tools and approaches designed 
to increase the adaptive capacity of fishery management to 
the impacts of climate change. In administering such pro-
gram, 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; 
(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; 
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(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— 
(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-
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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 
out this section $5,000,000 for each of fiscal years 2023 
through 2027. 
SEC. 105. MANAGING SHIFTING STOCKS. 
(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 
ONE COUNCIL.— 
‘‘(1) SECRETARIAL REVIEW OF AREAS OF AU-
THORITY.—The Secretary shall review the geo-
graphical area of authority of each Council in order 
to determine if a substantial portion of any federally 
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managed fishery within such area is within the area 
of authority of another council— 
‘‘(A) upon request of such Council; or 
‘‘(B) not less frequently than every 5 years. 
‘‘(2) DESIGNATION
OF
COUNCIL
TO
PREPARE 
PLAN.—If the Secretary determines under paragraph 
(1) that a substantial portion of a fishery is located 
in the geographical area of authority of more than 
one Council, the Secretary shall, not later than 6 
months after making such determination— 
‘‘(A) designate one of the Councils concerned 
to prepare the fishery management plan for such 
fishery and any amendment to such plan, if re-
quired under this Act; or 
‘‘(B) designate that such plan and any such 
amendment, if required under this Act, be pre-
pared jointly by the Councils concerned. 
‘‘(3) DEADLINE FOR SUBMISSION OF PLAN.—Not 
later than 2 years after the Secretary makes a des-
ignation under paragraph (2), the Council or Coun-
cils concerned shall prepare and submit a fishery 
management plan or amendment in accordance with 
this Act. 
‘‘(4) TERMINATION
OF
CROSS-JURISDICTIONAL 
AUTHORITY.— 
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‘‘(A) REQUEST OF COUNCIL.—At the request 
of a Council or as a result of the review pursu-
ant to paragraph (1), the Secretary shall deter-
mine whether a fishery described in paragraph 
(2) no longer has a substantial portion located 
in the geographical area of authority of more 
than one Council. 
‘‘(B) TERMINATION.— 
‘‘(i) IN GENERAL.—If the Secretary de-
termines under subparagraph (A) that a 
fishery no longer has a substantial portion 
located in the geographical area of author-
ity of more than one Council— 
‘‘(I) the Secretary shall determine 
which Council has predominant geo-
graphic 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 fish-
ery management plan for the fishery, 
and shall prepare and submit any 
plan 
amendments 
necessary 
for 
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transitioning to single-Council man-
agement as well as for any other pur-
poses, in accordance with the provi-
sions of this Act. 
‘‘(ii) REPEAL OF PRIOR PLAN.—Not-
withstanding subsection (h), upon the date 
of adoption of a fishery management plan 
under clause (i)(II), any preceding fishery 
management plan with respect to such fish-
ery 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 fishery is located in the geo-
graphical area of authority of more than one Council. 
‘‘(6) ESTABLISHMENT
OF
BOUNDARIES.—The 
Secretary shall establish the boundaries between the 
geographic 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. 
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‘‘(8) HIGHLY MIGRATORY SPECIES IN CERTAIN 
FISHERIES.—This subsection shall not apply with re-
spect to any fishery to which section 302(a)(3) ap-
plies.’’. 
(b) INTERNATIONAL COOPERATION IN THE RESEARCH 
AND
MANAGEMENT
OF
CROSS-JURISDICTIONAL
FISH-
ERIES.— 
(1) IN GENERAL.—The Secretary, in coordina-
tion with the Secretary of State where necessary, shall 
develop a strategy for coordinated research and man-
agement with other relevant nations with which the 
United States shares stocks of fish that are currently 
experiencing or are expected to experience shifts in ge-
ographic range or spatial distribution that spans or 
will span international boundaries, including within 
the same life stage or across life stages. 
(2) REPORT.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall sub-
mit to the Congress a report that includes— 
(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 rel-
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evant regional fisheries management organiza-
tion or other international organizations or 
agreement with authority over the management 
of each fishery or fish stock; 
(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 com-
plete 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 ‘‘NOTI-
FICATION OF ENTRY’’ and inserting ‘‘DEVELOPMENT 
OF NEW FISHERIES’’; 
(2) by amending paragraph (1) to read as fol-
lows: 
‘‘(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-
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tarial management under section 302(a)(3), as 
applicable); and 
‘‘(B) with respect to each such fishery— 
‘‘(i) the types of fishing gear author-
ized for use in such fishery; 
‘‘(ii) the jurisdiction (State, Federal, 
interstate, or otherwise) exercising manage-
ment authority over such fishery; 
‘‘(iii) whether a Fishery Management 
Plan or analogous management structure 
exists for the fishery; and 
‘‘(iv) the species authorized to be 
caught and retained in such fishery.’’; 
(3) in paragraph (2), by striking ‘‘determining’’ 
and all that follows through the end of the paragraph 
and inserting ‘‘determining—’’ 
‘‘(A) when a fishery is sufficiently different 
from those listed as to constitute a new fishery; 
and 
‘‘(B) minimum criteria for a fishery to be 
considered managed under paragraph (1)(A), 
which, for federally managed fisheries, must in-
clude having a fishery management plan and as-
sociated regulations under this Act.’’. 
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(4) by redesignating paragraph (6) as para-
graph (7); and 
(5) by striking paragraphs (3), (4), and (5) and 
inserting the following: 
‘‘(3) Not later than 24 months after the date of 
enactment of the Sustaining America’s Fisheries for 
the Future Act of 2022, and at least once every 5 
years thereafter, each Council (or the Secretary for 
fisheries to which section 302(a)(3) applies) shall re-
view the fisheries for which the Council is responsible 
on the list required under paragraph (1)(A) and sub-
mit to the Secretary proposed changes to such list in 
specific and narrow terms, including geographic 
range, to ensure that only managed fisheries are in-
cluded on the list. 
‘‘(4) The Secretary shall review proposed changes 
pursuant to the guidelines established under para-
graph (2) and publish a revised list, after notice and 
an opportunity for public comment. 
‘‘(5) The Secretary may permit, pursuant to sec-
tion 318(d), on a limited interim basis, fishing activ-
ity 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-
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velopment of a fishery management plan or 
amendment to such plan under section 302(h)(1) 
and section 303; 
‘‘(B) the Secretary collects, evaluates, and 
notwithstanding section 402(b), makes public the 
data generated by the experimental fishing activ-
ity at the end of each permit year, and based on 
such evaluation, the Council renders a deter-
mination of whether the fishing activity should 
be continued, either in the form of a subsequent 
year of experimental fishing under this para-
graph, or in the form of a fishery managed 
under a fishery management plan pursuant to 
section 302(h)(1) and section 303; and 
‘‘(C) the data collected from, and the Sec-
retary’s evaluation of, the fishing activity are in-
cluded 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 regula-
tions under subsection (c) to prohibit any persons or 
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vessels from using an unlisted fishing gear or engag-
ing in an unlisted fishery.’’. 
TITLE II—SUPPORTING FISHING 
COMMUNITIES 
SEC. 201. FISHERY RESOURCE DISASTER RELIEF. 
Section 312(a) of the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1861a(a)) is 
amended to read as follows: 
‘‘(a) FISHERY RESOURCE DISASTER RELIEF.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) ALLOWABLE CAUSE.—The term ‘allow-
able cause’ means a natural cause, discrete an-
thropogenic cause, or undetermined cause. 
‘‘(B) ANTHROPOGENIC
CAUSE.—The term 
‘anthropogenic cause’ means an anthropogenic 
event, such as an oil spill or spillway opening— 
‘‘(i) that could not have been addressed 
or prevented by fishery management meas-
ures; and 
‘‘(ii) that is otherwise beyond the con-
trol of fishery managers to mitigate through 
conservation and management measures, in-
cluding regulatory restrictions imposed as a 
result of judicial action or to protect human 
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health or marine animals, plants, or habi-
tats. 
‘‘(C) FISHERY RESOURCE DISASTER.—The 
term ‘fishery resource disaster’ means a disaster 
that is determined by the Secretary in accord-
ance with this subsection and— 
‘‘(i) is an unexpected large decrease in 
fish stock biomass or other change that re-
sults in significant loss of access to the fish-
ery resource, which may include loss of fish-
ing vessels and gear for a substantial period 
of time and results in significant revenue 
loss or negative subsistence impacts due to 
an allowable cause; and 
‘‘(ii) does not include— 
‘‘(I) reasonably predictable, fore-
seeable, and recurrent fishery cyclical 
variations in species distribution or 
stock abundance; or 
‘‘(II) reductions in fishing oppor-
tunities resulting from conservation 
and management measures taken pur-
suant to this Act. 
‘‘(D) INDIAN
TRIBE.—The term ‘Indian 
Tribe’ has the meaning given such term in sec-
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tion 102 of the Federally Recognized Indian 
Tribe List Act of 1994, and the term ‘Tribal’ 
means of or pertaining to such an Indian tribe. 
‘‘(E) NATURAL CAUSE.—The term ‘natural 
cause’— 
‘‘(i) means a weather, climatic, hazard, 
or biology-related event, such as— 
‘‘(I) a hurricane; 
‘‘(II) a flood; 
‘‘(III) a harmful algal bloom; 
‘‘(IV) a tsunami; 
‘‘(V) a hypoxic zone; 
‘‘(VI) a drought; 
‘‘(VII) El Nin6o effects on water 
temperature; 
‘‘(VIII) a marine heat wave; or 
‘‘(IX) disease; and 
‘‘(ii) does not mean a normal or cycli-
cal variation in a species distribution or 
stock abundance. 
‘‘(F) 12-MONTH REVENUE LOSS.—The term 
‘12-month revenue loss’— 
‘‘(i) means the percentage reduction, as 
applicable, 
in 
commercial, 
charter, 
headboat, or processor revenue for the af-
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fected fishery for the 12 months during 
which the fishery resource disaster occurred, 
when compared to average annual revenue 
in the most recent 5 years when no fishery 
resource disaster occurred or equivalent for 
stocks with cyclical life histories; and 
‘‘(ii) shall not include any revenue loss 
resulting from the same distinct cause as a 
previously determined fishery resource dis-
aster. 
‘‘(G) UNDETERMINED
CAUSE.—The term 
‘undetermined cause’ means a cause in which the 
current state of knowledge does not allow the Sec-
retary to identify the exact cause, and there is no 
current conclusive evidence supporting a possible 
cause of the fishery resource disaster. 
‘‘(2) GENERAL AUTHORITY.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
have the authority to determine the existence, ex-
tent, and beginning and end dates of a fishery 
resource disaster under this subsection in accord-
ance with this subsection. 
‘‘(B) AVAILABILITY
OF
FUNDS.—After the 
Secretary determines that a fishery resource dis-
aster has occurred, the Secretary is authorized to 
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make sums available, from funds appropriated 
for such purposes, to be used by the affected 
State, Tribal government, or interstate marine 
fisheries commission, or by the Secretary in co-
operation with the affected State, Tribal govern-
ment, or interstate marine fisheries commission. 
‘‘(C) SAVINGS CLAUSE.—The requirements 
under this subsection shall take effect only with 
respect to requests for a fishery resource disaster 
determination submitted after the date of enact-
ment of the Fishery Resource Disasters Improve-
ment Act. 
‘‘(3) INITIATION OF A FISHERY RESOURCE DIS-
ASTER REVIEW.— 
‘‘(A) ELIGIBLE
REQUESTERS.—Not later 
than 1 year after the date of the conclusion of the 
fishing season, a request for a fishery resource 
disaster determination may be submitted to the 
Secretary, if the Secretary has not independently 
determined that a fishery resource disaster has 
occurred, by— 
‘‘(i) the Governor of an affected State; 
‘‘(ii) an official Tribal representative 
or Tribal resolution; or 
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‘‘(iii) any other comparable elected or 
politically appointed representative as de-
termined by the Secretary. 
‘‘(B) REQUIRED INFORMATION.—A complete 
request for a fishery resource disaster determina-
tion under subparagraph (A) shall include— 
‘‘(i) identification of all presumed af-
fected fish stocks; 
‘‘(ii) identification of the fishery as 
Federal, non-Federal, or both; 
‘‘(iii) the geographical boundaries of 
the fishery, as determined by the eligible re-
quester, including geographic boundaries 
that are smaller than the area represented 
by the eligible requester; 
‘‘(iv) 
preliminary 
information 
on 
causes of the fishery resource disaster, if 
known; and 
‘‘(v) information needed to support a 
finding of a fishery resource disaster, in-
cluding— 
‘‘(I) information demonstrating 
the occurrence of an unexpected large 
decrease in fish stock biomass or other 
change that results in significant loss 
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of access to the fishery resource, which 
could include the loss of fishing vessels 
and gear, for a substantial period of 
time; 
‘‘(II) significant— 
‘‘(aa) 12-month revenue loss 
for the affected fishery; or 
‘‘(bb) 
negative 
subsistence 
impact for the affected fishery, or 
if a fishery resource disaster has 
occurred at any time in the pre-
vious 5-year period, the most re-
cent 5 years when no fishery re-
source disaster occurred, but shall 
not include any impacts resulting 
from the same distinct cause as a 
previously determined fishery re-
source disaster; 
‘‘(III) if applicable, information 
on lost resource tax revenues assessed 
by local communities, such as a raw 
fish tax and local sourcing require-
ments; and 
‘‘(IV) if applicable and available, 
information on affected fishery 12- 
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month 
revenue 
loss 
for 
charter, 
headboat, or processors related to the 
information provided under subclause 
(I), subject to section 402(b). 
‘‘(C) ASSISTANCE.—The Secretary may pro-
vide data and analysis assistance to an eligible 
requester described in paragraph (1), if— 
‘‘(i) the assistance is so requested; 
‘‘(ii) the Secretary is in possession of 
the required information described in sub-
paragraph (B); and 
‘‘(iii) the data is not available to the 
requester, in carrying out the complete re-
quest under subparagraph (B). 
‘‘(D) INITIATION
OF
REVIEW.—The Sec-
retary shall have the discretion to initiate a fish-
ery resource disaster review without a request. 
‘‘(4) REVIEW PROCESS.— 
‘‘(A) INTERIM RESPONSE.—Not later than 
20 days after receipt of a request under para-
graph (3), the Secretary shall provide an interim 
response to the individual that— 
‘‘(i) acknowledges receipt of the request; 
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‘‘(ii) provides a regional contact with-
in the National Oceanographic and Atmos-
pheric Administration; 
‘‘(iii) outlines the process and timeline 
by which a request shall be considered; and 
‘‘(iv) requests additional information 
concerning the fishery resource disaster, if 
the original request is considered incom-
plete. 
‘‘(B) EVALUATION OF REQUESTS.— 
‘‘(i) IN GENERAL.—The Secretary shall 
complete a review, within the time frame 
described in clause (ii), using the best sci-
entific information available, in consulta-
tion with the affected fishing communities, 
States, or Tribes, of— 
‘‘(I) the information provided by 
the requester and any additional infor-
mation relevant to the fishery, which 
may include— 
‘‘(aa) fishery characteristics; 
‘‘(bb) stock assessments; 
‘‘(cc) the most recent fishery 
independent surveys and other 
fishery resource assessments and 
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surveys conducted by Federal, 
State, or Tribal officials; 
‘‘(dd) estimates of mortality; 
and 
‘‘(ee) overall effects; and 
‘‘(II) the available economic infor-
mation, which may include an anal-
ysis of— 
‘‘(aa) landings data; 
‘‘(bb) revenue; 
‘‘(cc) the number of partici-
pants involved; 
‘‘(dd) the number and type of 
jobs and persons impacted, which 
may include— 
‘‘(AA) fishers; 
‘‘(BB) charter fishing 
operators; 
‘‘(CC) subsistence users; 
‘‘(DD) 
United 
States 
fish processors; and 
‘‘(EE) an owner of a re-
lated fishery infrastructure 
or business affected by the 
disaster, such as a marina 
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operator, recreational fishing 
equipment retailer, or char-
ter, headboat, or tender vessel 
owner, operator, or crew; 
‘‘(ee) an impacted Indian 
Tribe; 
‘‘(ff) other forms of disaster 
assistance made available to the 
fishery, including prior awards of 
disaster assistance for the same 
event; 
‘‘(gg) the length of time the 
resource, or access to the resource, 
has been restricted; 
‘‘(hh) status of recovery from 
previous fishery resource disasters; 
‘‘(ii) lost resource tax reve-
nues assessed by local commu-
nities, such as a raw fish tax; and 
‘‘(jj) other appropriate indi-
cators to an affected fishery, as 
determined by the National Ma-
rine Fisheries Service. 
‘‘(ii) TIME
FRAME.—The Secretary 
shall complete the review described in clause 
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aster has occurred, based on the infor-
mation provided or analyzed under 
paragraph (4)(B). 
‘‘(II) Losses between 35 percent 
and 80 percent shall be evaluated to 
determine whether economic impacts 
are severe enough to determine that a 
fishery resource disaster has occurred. 
‘‘(III) Losses less than 35 percent 
shall not be eligible for a determina-
tion that a fishery resource disaster 
has occurred. 
‘‘(ii) CHARTER FISHING.—In making 
a determination of whether a fishery re-
source disaster has occurred, the Secretary 
shall consider the economic impacts to the 
charter fishing industry to ensure financial 
coverage for charter fishing businesses. 
‘‘(iii) NEGATIVE
SUBSISTENCE
IM-
PACTS.—In considering negative subsistence 
impacts, the Secretary shall evaluate the se-
verity of negative impacts to the fishing 
community instead of applying the revenue 
loss thresholds described in clause (i). 
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‘‘(C) INELIGIBLE
FISHERIES.—A fishery 
subject to overfishing in any of the 3 years pre-
ceding the date of a determination under this 
subsection is not eligible for a determination of 
whether a fishery resource disaster has occurred 
unless the Secretary determines that overfishing 
was not a contributing factor to the fishery re-
source disaster. 
‘‘(D) EXCEPTIONAL
CIRCUMSTANCES.—In 
an exceptional circumstance where substantial 
economic impacts to the affected fishery and fish-
ing community have been subject to a disaster 
declaration under another statutory authority, 
such as in the case of a natural disaster or from 
the direct consequences of a Federal action taken 
to prevent, or in response to, a natural disaster 
for purposes of protecting life and safety, the 
Secretary may determine a fishery resource dis-
aster has occurred notwithstanding the require-
ments under paragraph (3) and subparagraph 
(B). 
‘‘(6) DISBURSAL OF APPROPRIATED FUNDS.— 
‘‘(A) AUTHORIZATION.—The Secretary shall 
allocate funds available under paragraph (9) for 
fishery resource disasters. 
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‘‘(B) ALLOCATION OF APPROPRIATED FISH-
ERY RESOURCE DISASTER ASSISTANCE.— 
‘‘(i) NOTIFICATION OF FUNDING AVAIL-
ABILITY.—When there are appropriated 
funds for 1 or more fishery resource disas-
ters, the Secretary shall notify— 
‘‘(I) the public; and 
‘‘(II) representatives of affected 
fishing communities with a positive 
disaster determination that is un-
funded; of the availability of funds, not 
more than 14 days after the date of the 
appropriation or the determination of 
a fishery resource disaster, whichever 
occurs later. 
‘‘(ii) EXTENSION OF DEADLINE.—The 
Secretary may extend the deadline under 
clause (i) by 90 days to evaluate and make 
determinations on eligible requests. 
‘‘(C) CONSIDERATIONS.—In determining the 
allocation of appropriations for a fishery re-
source disaster, the Secretary shall consider com-
mercial, charter, headboat, or seafood processing 
revenue losses and negative impacts to subsist-
ence and Tribal ceremonial fishing opportunity, 
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for the affected fishery and may consider the fol-
lowing factors: 
‘‘(i) Direct economic impacts. 
‘‘(ii) Uninsured losses. 
‘‘(iii) Losses of recreational fishing op-
portunity. 
‘‘(iv) Aquaculture operations revenue 
loss. 
‘‘(v) Direct revenue losses to a fishing 
community. 
‘‘(vi) Treaty obligations. 
‘‘(vii) Other economic impacts. 
‘‘(D) SPEND PLANS.—To receive an alloca-
tion from funds available under paragraph (9), 
a requester with an affirmative fishery resource 
disaster determination shall submit a spend plan 
to the Secretary, not more than 120 days after 
receiving notification that funds are available, 
that shall include the following information, if 
applicable: 
‘‘(i) Objectives and outcomes, with an 
emphasis on addressing the factors contrib-
uting to the fishery resource disaster and 
minimizing future uninsured losses, if ap-
plicable. 
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‘‘(ii) Statement of work. 
‘‘(iii) Budget details. 
‘‘(E) REGIONAL CONTACT.—If so requested, 
the Secretary shall provide a regional contact 
within the National Oceanic and Atmospheric 
Administration to facilitate review of spend 
plans and disbursal of funds. 
‘‘(F) DISBURSAL OF FUNDS.— 
‘‘(i) AVAILABILITY.—Funds shall be 
made available to grantees not later than 90 
days after the date the Secretary receives a 
complete spend plan. 
‘‘(ii) METHOD.—The Secretary may 
provide an allocation of funds under this 
subsection in the form of a grant, direct 
payment, cooperative agreement, loan, or 
contract. 
‘‘(iii) ELIGIBLE USES.— 
‘‘(I) IN
GENERAL.—Funds allo-
cated for fishery resources disasters 
under this subsection shall restore the 
fishery affected by such a disaster, pre-
vent a similar disaster in the future, or 
assist the affected fishing community, 
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and shall prioritize the following uses, 
which are not in order of priority: 
‘‘(aa) Habitat conservation 
and restoration and other activi-
ties, including scientific research, 
that reduce adverse impacts to the 
fishery or improve understanding 
of the affected species or its eco-
system. 
‘‘(bb) The collection of fishery 
information and other activities 
that improve management of the 
affected fishery. 
‘‘(cc) In a commercial fish-
ery, capacity reduction and other 
activities that improve manage-
ment of fishing effort, including 
funds to offset budgetary costs to 
refinance a Federal fishing capac-
ity reduction loan or to repay the 
principal of a Federal fishing ca-
pacity reduction loan. 
‘‘(dd) Developing, repairing, 
or improving fishery-related pub-
lic infrastructure. 
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‘‘(ee) Direct assistance to a 
person, fishing community (in-
cluding assistance for lost fisheries 
resource levies), or a business to 
alleviate economic loss incurred as 
a direct result of a fishery re-
source disaster, particularly when 
affected by a circumstance de-
scribed in paragraph (5)(D) or by 
negative impacts to subsistence 
and Tribal ceremonial fishing op-
portunity. 
‘‘(ff) Hatcheries and stock en-
hancement to help rebuild the af-
fected stock or offset fishing pres-
sure on the affected stock. 
‘‘(II) DISPLACED
FISHERY
EM-
PLOYEES.—Where appropriate, indi-
viduals carrying out the activities de-
scribed in items (aa) through (dd) of 
subclause (I) shall be individuals who 
are, or were, employed in a commer-
cial, charter, or Tribal fishery for 
which the Secretary has determined 
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that a fishery resource disaster has oc-
curred. 
‘‘(7) LIMITATIONS.— 
‘‘(A) FEDERAL SHARE.— 
‘‘(i) IN GENERAL.—Except as provided 
in clauses (ii) and (iii), the Federal share 
of the cost of any activity carried out under 
the authority of this subsection shall not ex-
ceed 75 percent of the cost of that activity. 
‘‘(ii) WAIVER.—The Secretary may 
waive the non-Federal share requirements of 
this subsection, if the Secretary determines 
that— 
‘‘(I) no reasonable means are 
available through which the recipient 
of the Federal share can meet the non- 
Federal share requirement; and 
‘‘(II) the probable benefit of 100 
percent Federal financing outweighs 
the public interest in imposition of the 
non-Federal share requirement. 
‘‘(iii) EXCEPTION.—The Federal share 
shall be equal to 100 percent in the case 
of— 
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‘‘(I) direct assistance as described 
in paragraph (6)(F)(iii)(I)(ee); or 
‘‘(II) assistance to subsistence or 
Tribal fisheries. 
‘‘(B) LIMITATIONS ON ADMINISTRATIVE EX-
PENSES.— 
‘‘(i) FEDERAL.—Not more than 3 per-
cent of the funds available under this sub-
section may be used for administrative ex-
penses by the National Oceanographic and 
Atmospheric Administration. 
‘‘(ii) STATE
OR
TRIBAL
GOVERN-
MENTS.—Of the funds remaining after the 
use described in clause (i), not more than 5 
percent may be used by States, Tribal gov-
ernments, or interstate marine fisheries 
commissions for administrative expenses. 
‘‘(C) FISHING
CAPACITY
REDUCTION
PRO-
GRAM.— 
‘‘(i) IN GENERAL.—No funds available 
under this subsection may be used as part 
of a fishing capacity reduction program in 
a fishery unless the Secretary determines 
that adequate conservation and manage-
ment measures are in place in such fishery. 
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‘‘(ii) ASSISTANCE CONDITIONS.—As a 
condition of providing assistance under this 
subsection with respect to a vessel under a 
fishing capacity reduction program, the 
Secretary shall— 
‘‘(I) prohibit the vessel from being 
used for fishing in Federal, State, or 
international waters; and 
‘‘(II) require that the vessel be— 
‘‘(aa) scrapped or otherwise 
disposed of in a manner approved 
by the Secretary; 
‘‘(bb) donated to a nonprofit 
organization and thereafter used 
only for purposes of research, edu-
cation, or training; or 
‘‘(cc) used for another non- 
fishing purpose provided the Sec-
retary determines that adequate 
measures are in place to ensure 
that the vessel cannot reenter any 
fishery anywhere in the world. 
‘‘(D) NO FISHERY ENDORSEMENT.— 
‘‘(i) IN
GENERAL.—A vessel that is 
prohibited from fishing under subparagraph 
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(C)(ii)(I) shall not be eligible for a fishery 
endorsement under section 12113(a) of title 
46, United States Code. 
‘‘(ii) NONEFFECTIVE.—A fishery en-
dorsement for a vessel described in clause (i) 
shall not be effective. 
‘‘(iii) NO SALE.—A vessel described in 
clause (i) may not be sold to a foreign 
owner or reflagged. 
‘‘(8) PUBLIC
INFORMATION
ON
DATA
COLLEC-
TION.—The Secretary shall make available and up-
date as appropriate, information on data collection 
and submittal best practices for the information de-
scribed in paragraph (4)(B). 
‘‘(9) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
this subsection $377,000,000 for the period of fiscal 
years 2023 through 2028.’’. 
SEC. 202. 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— 
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(1) by redesignating the second paragraph (33) 
(appearing after paragraph (50) as paragraph (51); 
and 
(2) by inserting after paragraph (42) the fol-
lowing: 
‘‘(42A)(A) SUBSISTENCE
FISHING.—The term 
‘subsistence fishing’ means fishing in which the fish 
harvested are intended for customary and traditional 
uses, including— 
‘‘(i) for direct or sharing personal, family, 
or community consumption, including as food, 
shelter, clothing, or tools; 
‘‘(ii) for the making or selling of handicraft 
articles out of nonedible byproducts of subsistence 
fishing; 
‘‘(iii) for barter; and 
‘‘(iv) for customary trade. 
‘‘(B) In this paragraph— 
‘‘(i) the term ‘family’ means all persons 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 subsistence 
fishing— 
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‘‘(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. 203. WORKING WATERFRONTS GRANT PROGRAM. 
The Coastal Zone Management Act of 1972 (16 U.S.C. 
1451 et seq.) is amended by adding at the end the following: 
‘‘SEC. 320. WORKING WATERFRONTS GRANT PROGRAM. 
‘‘(a) WORKING WATERFRONTS TASK FORCE.— 
‘‘(1) ESTABLISHMENT
AND
FUNCTIONS.—The 
Secretary shall establish a task force to work directly 
with coastal States, user groups, and coastal stake-
holders to identify and address critical needs with re-
spect to working waterfronts. 
‘‘(2) MEMBERSHIP.—The members of the task 
force shall be appointed by the Secretary, and shall 
include— 
‘‘(A) experts in the unique economic, social, 
cultural, ecological, geographic, and resource 
concerns of working waterfronts; and 
‘‘(B) representatives from the National Oce-
anic and Atmospheric Administration’s Office of 
Coastal Management, the United States Fish and 
Wildlife Service, the Department of Agriculture, 
the 
Environmental 
Protection 
Agency, 
the 
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United States Geological Survey, the Navy, the 
National Marine Fisheries Service, the Economic 
Development Administration, and such other 
Federal agencies as the Secretary considers ap-
propriate. 
‘‘(3) FUNCTIONS.—The task force shall— 
‘‘(A) identify and prioritize critical needs 
with respect to working waterfronts in States 
that have a management program approved by 
the Secretary pursuant to section 306, in the 
areas of— 
‘‘(i) economic and cultural importance 
of working waterfronts to communities; 
‘‘(ii) 
changing 
environments 
and 
threats working waterfronts face from envi-
ronmental changes, trade barriers, sea level 
rise, extreme weather events, ocean acidifi-
cation, and harmful algal blooms; and 
‘‘(iii) identifying working waterfronts 
and highlighting them within communities; 
‘‘(B) outline options, in coordination with 
coastal States and local stakeholders, to address 
such critical needs, including adaptation and 
mitigation where applicable; 
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‘‘(C) identify Federal agencies that are re-
sponsible for addressing such critical needs; and 
‘‘(D) recommend Federal agencies best suit-
ed to address any critical needs for which no 
agency is responsible under existing law. 
‘‘(4) INFORMATION
TO
BE
CONSIDERED.—In 
identifying and prioritizing policy gaps pursuant to 
paragraph (3), the task force shall consider the find-
ings and recommendations contained in section VI of 
the report entitled ‘The Sustainable Working Water-
fronts Toolkit: Final Report’, dated March 2013. 
‘‘(5) REPORT.—Not later than 18 months after 
the date of the enactment of this section, the task force 
shall submit a report to Congress on its findings. 
‘‘(6) IMPLEMENTATION.—The head of each Fed-
eral agency identified in the report pursuant to para-
graph (3)(C) shall take such action as is necessary to 
implement the recommendations contained in the re-
port by not later than one year after the date of 
issuance of the report. 
‘‘(b) WORKING WATERFRONTS GRANT PROGRAM.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a Working Waterfront Grant Program, in co-
operation with appropriate State, regional, and other 
units of government, under which the Secretary may 
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make a grant to any coastal State for the purpose of 
implementing a working waterfronts plan approved 
by the Secretary under subsection (c). 
‘‘(2) 
GRANTS.—The 
Secretary 
shall 
award 
matching grants under the Working Waterfronts 
Grant Program to coastal States with approved work-
ing waterfronts plans through a regionally equitable, 
competitive funding process in accordance with the 
following: 
‘‘(A) The Governor, or an agency designated 
by the Governor for coordinating the implemen-
tation of this section, in consultation with any 
appropriate local government, shall determine 
that the application is consistent with the State’s 
or territory’s approved coastal zone plan, pro-
gram, and policies prior to submission to the 
Secretary. 
‘‘(B) In developing guidelines under this 
section, the Secretary shall consult with coastal 
States, other Federal agencies, and other inter-
ested stakeholders with expertise in working wa-
terfronts planning. 
‘‘(C) Coastal States may allocate grants to 
local governments, agencies, or nongovernmental 
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organizations eligible for assistance under this 
section. 
‘‘(3) CONSIDERATIONS.—In awarding a grant to 
a coastal State, the Secretary shall consider— 
‘‘(A) the economic, cultural, and historical 
significance of working waterfronts to the coastal 
State; 
‘‘(B) the demonstrated working waterfronts 
needs of the coastal State as outlined by a work-
ing waterfronts plan approved for the coastal 
State under subsection (c), and the value of the 
proposed project for the implementation of such 
plan; 
‘‘(C) the ability to leverage funds among 
participating entities, including Federal agen-
cies, regional organizations, State and other gov-
ernment units, landowners, corporations, or pri-
vate organizations; 
‘‘(D) the potential for rapid turnover in the 
ownership of working waterfronts in the coastal 
State, and where applicable the need for coastal 
States to respond quickly when properties in ex-
isting or potential working waterfronts areas or 
public access areas as identified in the working 
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