I 
117TH CONGRESS 
1ST SESSION H. R. 4690 
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 
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 2021’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is the following: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. References. 
Sec. 4. Definitions. 
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Sec. 5. Conforming amendments to the table of contents of the Magnuson-Ste-
vens 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. 
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 
Council. 
Sec. 303. Atlantic Councils. 
Sec. 304. Council procedures and participation. 
Sec. 305. Council accountability and membership. 
Sec. 306. Amendments to Western Pacific Sustainable Fisheries Fund. 
Sec. 307. National Oceanic and Atmospheric Administration sexual harassment 
and assault prevention. 
Sec. 308. Saltonstall-Kennedy Act reform. 
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. 
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. Depleted fisheries and preventing overfishing. 
Sec. 506. Preparation and review of secretarial plans. 
Sec. 507. Councils. 
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Sec. 508. Forage fish conservation. 
Sec. 509. Funding for monitoring implementation of Northeast Multispecies 
Fishery Management Plan. 
Sec. 510. 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.). 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the National 
Oceanic and Atmospheric Administration. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce. 
SEC. 5. 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: 
‘‘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 
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‘‘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. 
‘‘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.’’. 
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TITLE I—CLIMATE-READY 
FISHERIES 
SEC. 101. FINDINGS, PURPOSE, AND POLICY. 
Section 2 (16 U.S.C. 1801) is amended— 
(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 
conservation and management practices and 
controls; 
‘‘(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,’’; 
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(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, 
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.’’; 
(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.’’; 
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(2) by amending subsection (b)(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)— 
(A) in paragraph (6), by striking ‘‘and’’ 
after the semicolon 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: 
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‘‘(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 promote ra-
cial and socioeconomic 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), 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) by amending paragraph (3) to read as fol-
lows: 
‘‘(3) assess and specify the present and prob-
able future condition of, and the maximum sustain-
able yield and optimum yield from, the fishery under 
prevailing and anticipated future environmental con-
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ditions, and include a summary of the information 
used in making such specification;’’; 
(3) in paragraph (8), by striking ‘‘1991’’ and 
inserting ‘‘2021’’, 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) 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 im-
pacts of climate change and other environmental and 
ecological changes on the fishery, including an as-
sessment of whether and how the management 
measures contained in the plan or plan amendment 
have accounted for these changes, and a summary of 
the information used in these assessments; 
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‘‘(17) describe and identify the current range 
and distribution of, and fishing patterns on, fish 
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 man-
agement of the fish stock; and’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect 4 years after the date of 
enactment of this section. 
(c) INCREASING RESILIENCE OF FISH STOCKS TO 
CLIMATE 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 
America’s Fisheries for the Future Act of 2021 and every 
5 years thereafter, the Secretary shall— 
‘‘(1) assess the vulnerability of fish stocks with-
in each Council’s geographical area of authority to 
climate change; 
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‘‘(2) notify each Council of the vulnerability of 
fish stocks within such Council’s geographical area 
of authority; and 
‘‘(3) make recommendations to each Council for 
measures to conserve and protect such fish stocks. 
‘‘(b) COUNCIL PRIORITIZATION PLANS.— 
‘‘(1) IN GENERAL.—No later than 1 year after 
receiving a notification from the Secretary under 
subsection (a), each Council shall publish a plan to 
prioritize management actions to increase resilience 
of the fish stocks identified as vulnerable to climate 
change and begin implementing such plan. 
‘‘(2) HIGHLY MIGRATORY SPECIES.—With re-
spect to stocks managed under section 302(a)(3), 
not later than 1 year after issuing a notification 
under subsection (a), the Secretary shall publish a 
plan to prioritize management actions to increase re-
silience of such fish stocks. 
‘‘(3) REPORT.—Not later than 3 years after 
publishing a plan under paragraph (1), each Council 
shall report to the Secretary on the actions the 
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 enactment of the Sustaining America’s 
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Fisheries for the Future Act of 2021 and every 5 years 
thereafter, the Secretary shall submit a report to Con-
gress— 
‘‘(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 
amended by adding at the end the following: 
‘‘(n) GUIDANCE.—Not later than 1 year after the 
date of enactment of the Sustaining America’s Fisheries 
for the Future Act of 2021, the Secretary shall issue regu-
lations guidelines to assist the Councils in preparing and 
adapting fishery management for the impacts of climate 
change, including for consideration of climate change in 
the conservation and management of fish stocks under 
each Council’s geographical area of authority.’’. 
SEC. 103. INCORPORATING CLIMATE SCIENCE. 
(a) 
COUNCIL
TRAINING
PROGRAM.—Section 
302(k)(1) (16 U.S.C. 1852(k)(1)) is amended— 
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(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 fac-
tors that would affect the conservation and 
management 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 
redesignated, 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 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-
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ductivity of a fishery or interrelated fisheries,’’after 
‘‘degradation,’’. 
SEC. 104. CLIMATE-READY FISHERIES INNOVATION PRO-
GRAM. 
(a) CLIMATE-READY FISHERIES INNOVATION PRO-
GRAM.—Not later than 1 year after the date of enactment 
of this Act, the Administrator shall establish a program, 
including grants, to develop innovative tools and ap-
proaches and improve existing tools designed to increase 
the adaptive capacity of fishery management to the im-
pacts of climate change. In administering such program, 
the Administrator shall— 
(1) develop science and management ap-
proaches that address regional and national prior-
ities to improve the conservation and management of 
fishery resources under current and anticipated cli-
mate impacts; 
(2) provide for routine input from fishery man-
agers, scientists, fishery participants, Tribes, and 
stakeholders in order to maximize opportunities to 
incorporate results of the program in fishery man-
agement actions; 
(3) promote adoption of methods developed 
under the program in fishery management plans de-
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veloped by the Regional Fishery Management Coun-
cils; 
(4) provide information and outreach to the pri-
vate sector and academic sector to encourage devel-
opment of tools and approaches to manage the ef-
fects of climate change on fisheries; and 
(5) provide information and outreach to fishery 
participants to increase understanding of and en-
courage adoption and use of tools and approaches 
developed 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 
Fishery 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 multi-year research priorities to study and 
understand the current and anticipated impacts of 
climate change on fisheries, fishing communities, 
fisheries interactions, habitats, fishery participants, 
fisheries science and monitoring, management and 
the impacts of changing management due to climate 
change, or other relevant priorities. Such priorities 
should be routinely reviewed in a timeframe not to 
exceed 5 years and updated as necessary. 
(c) REPORT.—Every 2 years, beginning 2 years after 
the date of enactment of this Act, the Administrator shall 
transmit a report to the Senate Committee on Commerce, 
Science, and Transportation and the House of Represent-
atives Committee on Natural Resources that— 
(1) describes funding provided to implement 
this section; 
(2) includes descriptions of and developments in 
tools and approaches achieved under this section; 
(3) describes how and in which fisheries these 
tools and approaches have been implemented; and 
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(4) describes improvements in fishery climate- 
readiness associated with implementing this section, 
as well as proposals to address remaining problems. 
SEC. 105. MANAGING SHIFTING STOCKS. 
(a) CROSS-JURISDICTIONAL MANAGEMENT.—Section 
304(f) (16 U.S.C. 1855(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 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 fishery is 
located in the geographical area of authority of more 
than one Council, the Secretary shall— 
‘‘(A) not later than 6 months after the 
date of the determination under paragraph (1), 
notify the Councils concerned; and 
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‘‘(4) DEADLINE FOR SUBMISSION OF PLAN.— 
Not later than 2 years after the date on which the 
Councils concerned make a decision pursuant to 
paragraph (2)(B)(ii), or the date on which the Sec-
retary makes a decision pursuant to paragraph (3), 
and at such other times as required under this Act, 
the Council required under paragraph (2)(B) or (3) 
(as applicable) to prepare the fishery management 
plan or any such plan amendment, if required under 
this Act, shall prepare and submit such plan or 
amendment (with implementing regulations as need-
ed) in accordance with this Act. 
‘‘(5) TERMINATION OF CROSS-JURISDICTIONAL 
AUTHORITY.— 
‘‘(A) REQUEST OF COUNCIL.—At the re-
quest of a Council or as a result of the review 
pursuant to paragraph (1), the Secretary shall 
determine whether a fishery described in para-
graph (2) no longer has a substantial portion 
located in the geographical area of authority of 
more than one Council. 
‘‘(B) TERMINATION.—If the Secretary de-
termines under subparagraph (A) that a fishery 
no longer has a substantial portion located in 
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the geographical area of authority of more than 
one Council— 
‘‘(i) the Secretary shall determine 
which Council has predominant geographic 
authority over the fishery; and 
‘‘(ii) not later than 2 years after the 
date on which the determination under 
clause (i) is made, and at such other times 
as required under this Act, the Council de-
termined under such clause shall directly 
and individually adopt any previously exist-
ing joint fishery management plan for the 
fishery, and shall prepare and submit any 
plan amendments necessary for transition-
ing to single-Council management as well 
as for any other purposes, in accordance 
with the provisions of this Act. 
‘‘(6) 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 Coun-
cil. 
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‘‘(7) ESTABLISHMENT
OF
BOUNDARIES.—The 
Secretary shall establish the boundaries between the 
geographic areas of authority of adjacent Councils. 
‘‘(8) 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. 
‘‘(9) HIGHLY MIGRATORY SPECIES IN CERTAIN 
FISHERIES.—This subsection shall not apply with 
respect to any fishery to which section 302(a)(3) ap-
plies.’’. 
(b) INTERNATIONAL COOPERATION
IN
THE RE-
SEARCH AND MANAGEMENT OF CROSS-JURISDICTIONAL 
FISHERIES.— 
(1) IN GENERAL.—The Secretary of Commerce, 
in coordination with the Secretary of State and Ad-
ministrator of the Agency for International Develop-
ment where necessary, shall develop a strategy for 
coordinated research and management with other 
relevant nations with which the United States shares 
a fishery or stock of a fishery that currently or is 
expected to see shifts in geographic range or spatial 
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distribution that does 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 
submit to the Congress a report that includes— 
(A) a list of fisheries that are currently or 
expected to see shifts in geographic range or 
spatial distribution that spans or will span 
international boundaries and the relevant coun-
tries for each fishery or stock of a fishery’s cur-
rent or expected range; 
(B) an analysis of priority research needs 
for each of these fisheries or stocks of fisheries 
that should be coordinated with other affected 
nations; 
(C) a 5-year strategy to undertake and 
complete such research, including a proposed 
budget and timeline for that work; and 
(D) a 10-year strategy to implement co-
ordinated management measures that reflect 
the needs for each fishery or stock of a fishery 
as determined by the research conducted under 
subparagraph (C). 
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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) 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, identified by 
corresponding Council or Secretarial manage-
ment under section 302(a)(3)— 
‘‘(i) located entirely or in part in the 
exclusive economic zone; or 
‘‘(ii) located outside of the exclusive 
economic zone but managed by the United 
States; 
‘‘(B) with respect to each such fishery— 
‘‘(i) the types of fishing gear author-
ized for use in such fishery; 
‘‘(ii) the jurisdiction (whether State, 
Federal, interstate, or otherwise) exer-
cising management authority over such 
fishery; 
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‘‘(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 ‘‘those’’ and 
all that follows through the end of the paragraph 
and inserting ‘‘those already listed as to constitute 
a new fishery or gear type’’; 
(4) by redesignating paragraph (6) as para-
graph (9); and 
(5) by striking paragraphs (3), (4), and (5) and 
inserting the following: 
‘‘(3) Not later than 18 months after the date 
of enactment of the llll Act, and at least once 
every 5 years thereafter, each Council (or the Sec-
retary for fisheries to which section 302(a)(3) ap-
plies) shall review the fisheries and gear on the list 
that are under its authority and submit to the Sec-
retary proposed changes to such list in specific and 
narrow terms, including geographic range, to ensure 
that only active fisheries and gear are included on 
the list. The Secretary shall review proposed changes 
pursuant to the guidelines established under para-
graph (2) and publish a revised list, after notice and 
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an opportunity for public comment, upon receiving 
proposed changes from a Council (or from the Sec-
retary for fisheries to which section 302(a)(3) ap-
plies). 
‘‘(4) 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 
analysis required under paragraph (6); 
‘‘(B) the Council collects, evaluates, and 
makes public the data generated by the experi-
mental fishing activity at the end of each per-
mit year, and based on such evaluation, renders 
a determination of whether the fishery or fish-
ing gear should be continued, either in the form 
of a subsequent year of experimental fishing 
under this paragraph, or in the form of a pro-
posal under paragraph (5) for a new fishery or 
fishing gear to be added to the list; and 
‘‘(C) the data collected from, and the 
Council’s evaluation of, the experimental fishing 
activity are included in any proposal under 
paragraph (5) for a new fishery or fishing gear 
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that may result from the experimental fishing 
permit. 
‘‘(5) The Secretary may authorize a new fishery 
or fishing gear that is not included on the list, upon 
receiving a proposal for a new fishery or fishing gear 
from a Council, if— 
‘‘(A) the Secretary determines that a suffi-
cient analysis supporting the proposal, as speci-
fied in paragraph (7), has been conducted by 
the Council; 
‘‘(B) the Secretary determines that the 
new fishery or fishing gear, as specified in the 
proposal and the accompanying fishery manage-
ment plan or amendment and regulations under 
subparagraph (C), is consistent with conserva-
tion and management requirements in this Act 
and other applicable laws; and 
‘‘(C) the Council has prepared and sub-
mitted for Secretarial approval pursuant to sec-
tion 304, concurrently with the proposal for a 
new fishery or fishing gear, a fishery manage-
ment plan for the new fishery or fishing gear or 
an amendment to an existing fishery manage-
ment plan, including proposed regulations to 
implement the plan or amendment, in accord-
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ance with section 303. If the new fishery or 
fishing gear will include one or more stocks of 
fish that also substantially exist in the geo-
graphical area of authority of another Council, 
the fishery management plan or amendment, 
and implementing regulations, shall be prepared 
pursuant to section 304(f). 
‘‘(6) The Secretary shall publish in the Federal 
Register, after notice and an opportunity for public 
comment, all authorizations for new fisheries or fish-
ing gear, including revisions to the list of fisheries 
and gear as appropriate, and shall make public all 
supporting documentation and analysis. The Sec-
retary also shall publish in the Federal Register, 
after notice and an opportunity for public comment, 
all decisions to not authorize the development of a 
new fishery or fishing gear under this paragraph, in-
cluding the reasons for the decision. 
‘‘(7)(A) A Council shall analyze, for purposes of 
paragraph (4)(A)— 
‘‘(i) the potential impacts of a new fishery 
or fishing gear on the proposed target stock, 
stocks of fish, or stock complexes as well as on 
other stocks of fish and species, and the marine 
ecosystem; 
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‘‘(ii) the potential impacts of a new fishery 
or fishing gear on existing fisheries and fishing 
communities, both within the Council’s jurisdic-
tion and, if relevant, in neighboring jurisdic-
tions; 
‘‘(iii) different potential management strat-
egies for the new fishery or fishing gear, includ-
ing identifying any significant differences across 
management strategies with respect to the po-
tential impacts described in clauses (i) and (ii); 
‘‘(iv) whether the proposed target stock, 
stocks of fish, or stock complexes occur in any 
neighboring jurisdictions, and if so, whether it 
or they are managed by those jurisdictions; and 
‘‘(v) whether the proposed fishing activity 
should be managed under an existing fishery 
management plan, or a new plan. 
‘‘(B) The Secretary shall issue guidance for suf-
ficient analysis of these topics, to be used in making 
determinations under paragraph (5)(A). 
‘‘(8) 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 
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or vessels from using an unlisted fishing gear or en-
gaging in an unlisted fishery.’’. 
TITLE II—SUPPORTING FISHING 
COMMUNITIES 
SEC. 201. FISHERY RESOURCE DISASTER RELIEF. 
(a) IN
GENERAL.—Section 312(a) (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 ‘al-
lowable cause’ means a natural cause, discrete 
anthropogenic 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 ad-
dressed or prevented by fishery manage-
ment measures; and 
‘‘(ii) that is otherwise beyond the con-
trol of fishery managers to mitigate 
through conservation and management 
measures, including regulatory restrictions 
imposed as a result of judicial action or to 
protect human health or marine animals, 
plants, or habitats. 
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‘‘(C) FISHERY RESOURCE DISASTER.—The 
term ‘fishery resource disaster’ means a dis-
aster that is determined by the Secretary in ac-
cordance 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 
fishery resource, which may include loss of 
fishing vessels and gear for a substantial 
period of time and results in significant 
revenue or subsistence loss due to an al-
lowable 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-
tion 102 of the Federally Recognized Indian 
Tribe List Act of 1994 (25 U.S.C. 5130), and 
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the term ‘Tribal’ means of or pertaining to such 
an Indian Tribe. 
‘‘(E) NATURAL CAUSE.—The term ‘natural 
cause’— 
‘‘(i) means a weather, climatic, haz-
ard, 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) ocean acidification; 
‘‘(VII) a drought; 
‘‘(VIII) El Nin˜o effects on water 
temperature; 
‘‘(IX) a marine heat wave; or 
‘‘(X) 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’ means the per-
centage reduction, as applicable, in commercial, 
charter, headboat, or processor revenue for the 
12 months during which the fishery resource 
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disaster occurred, if compared to average an-
nual revenue in the most recent 5-years during 
which no fishery resource disaster occurred or 
equivalent for stocks with cyclical life histories. 
‘‘(G) UNDETERMINED CAUSE.—The term 
‘undetermined cause’ means a cause in which 
the current state of knowledge does not allow 
the Secretary to identify the exact cause, and 
there is no current conclusive evidence sup-
porting a possible cause of the fishery resource 
disaster. 
‘‘(2) GENERAL AUTHORITY.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
have the authority to determine the existence, 
extent, and beginning and end dates of a fish-
ery resource disaster under this subsection in 
accordance with this subsection. 
‘‘(B) AVAILABILITY OF FUNDS.—After the 
Secretary determines that a fishery resource 
disaster has occurred, the Secretary is author-
ized to make sums available, from funds appro-
priated for such purposes, to be used by the af-
fected State, Tribal government, or interstate 
marine fisheries commission, or by the Sec-
retary in cooperation with the affected State, 
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Tribal government, or interstate marine fish-
eries commission. 
‘‘(C) SAVINGS CLAUSE.—The requirements 
under this subsection shall take effect only with 
respect to requests for a fishery resource dis-
aster determination submitted after the date of 
enactment of the Sustaining America’s Fish-
eries for the Future Act of 2021. 
‘‘(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 re-
source disaster determination may be submitted 
to the Secretary, if the Secretary has not inde-
pendently determined that a fishery resource 
disaster has occurred, by— 
‘‘(i) the Governor of an affected State; 
‘‘(ii) an official Tribal resolution; or 
‘‘(iii) any other comparable elected or 
politically appointed representative as de-
termined by the Secretary. 
‘‘(B) REQUIRED
INFORMATION.—A com-
plete request for a fishery resource disaster de-
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termination under subparagraph (A) shall in-
clude— 
‘‘(i) identification of all presumed af-
fected fish stocks; 
‘‘(ii) identification of the fishery as 
Federal, non-Federal, or both; 
‘‘(iii) the geographic boundaries of the 
fishery; 
‘‘(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 signifi-
cant loss of access to the fishery re-
source, which could include the loss of 
fishing vessels and gear, for a sub-
stantial period of time; 
‘‘(II) 12-month revenue loss or 
subsistence loss for the affected fish-
ery, or if a fishery resource disaster 
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has occurred at any time in the pre-
vious 5-year period, the most recent 
5-year period during which no fishery 
resource disaster occurred; 
‘‘(III) if applicable, information 
on lost resource tax revenues assessed 
by local communities, such as a raw 
fish tax or a local sourcing require-
ment; and 
‘‘(IV) if applicable and available, 
information on 12-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 
provide data and analysis assistance to an eligi-
ble 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). 
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‘‘(D) INITIATION
OF
REVIEW.—The Sec-
retary shall have the discretion to initiate a 
fishery resource disaster review without a re-
quest. 
‘‘(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 in-
terim response to the individual that— 
‘‘(i) acknowledges receipt of the re-
quest; 
‘‘(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.—Based on the in-
formation provided or analyzed under 
paragraph (4), the Secretary shall com-
plete a review, within the time frame de-
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scribed 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 in-
formation 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 
surveys conducted by Federal, 
State, or Tribal officials; 
‘‘(dd) estimates of mortality; 
and 
‘‘(ee) overall effects; and 
‘‘(II) the available economic in-
formation, which may include an anal-
ysis of— 
‘‘(aa) landings data; 
‘‘(bb) revenue; 
‘‘(cc) the number of partici-
pants involved; 
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‘‘(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 
related fishery infrastructure 
or business affected by the 
disaster, such as a marina 
operator, recreational fishing 
equipment retailer, or char-
ter, headboat, or tender ves-
sel 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; 
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‘‘(gg) the length of time the 
resource, or access to the re-
source, 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 (i), if the fishing season, applicable 
to the fishery— 
‘‘(I) has concluded or there is no 
defined fishing season applicable to 
the fishery, not later than 120 days 
after the Secretary receives a com-
plete request for a fishery resource 
disaster determination; 
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‘‘(II) has not concluded, not later 
than 120 days after the conclusion of 
the fishing season; or 
‘‘(III) is expected to be closed for 
the entire fishing season, not later 
than 120 days after the Secretary re-
ceives a complete request for a fishery 
resource disaster determination. 
‘‘(C) FISHERY
RESOURCE
DISASTER
DE-
TERMINATION.—The Secretary shall make the 
determination of a fishery resource disaster 
based on the criteria for determinations listed 
in paragraph (5). 
‘‘(D) NOTIFICATION.—Not later than 14 
days after the conclusion of the review under 
this paragraph, the Secretary shall notify the 
requester and the Governor of the affected 
State or Tribal representative of the determina-
tion of the Secretary. 
‘‘(5) CRITERIA FOR DETERMINATIONS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
make a determination about whether a fishery 
resource disaster has occurred, based on the 
revenue loss thresholds under subparagraph 
(B), and, if a fishery resource disaster has oc-
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curred, whether the fishery resource disaster 
was due to— 
‘‘(i) a natural cause; 
‘‘(ii) an anthropogenic cause; 
‘‘(iii) a combination of a natural cause 
and an anthropogenic cause; or 
‘‘(iv) an undetermined cause. 
‘‘(B) REVENUE LOSS THRESHOLDS.— 
‘‘(i) IN GENERAL.—Based on the in-
formation provided or analyzed under 
paragraph (4)(B), the Secretary shall 
apply the following 12-month revenue loss 
thresholds in determining whether a fish-
ery resource disaster has occurred: 
‘‘(I) Losses greater than 80 per-
cent shall result in a positive deter-
mination that a fishery resource dis-
aster has occurred. 
‘‘(II) Losses between 35 percent 
and 80 percent shall be evaluated to 
determine whether economic impacts 
are severe enough to declare that a 
fishery resource disaster has occurred, 
based on the information provided or 
analyzed under paragraph (4)(B). 
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‘‘(III) Losses less than 35 per-
cent shall not be eligible for a deter-
mination that a fishery resource dis-
aster has occurred, except in a case in 
which the Secretary determines there 
are extenuating circumstances that 
justify using a lower threshold in 
making the determination. 
‘‘(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) SUBSISTENCE LOSS.—In consid-
ering subsistence loss, the Secretary shall 
evaluate the severity of loss to the fishing 
community instead of applying the revenue 
loss thresholds described in clause (i). 
‘‘(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 
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was not a contributing factor to the fishery re-
source disaster. 
‘‘(D) EXCEPTIONAL CIRCUMSTANCES.—In 
an exceptional circumstance in which substan-
tial economic impacts to the affected fishery 
and fishing community have been subject to a 
disaster declaration under another statutory au-
thority, 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 fish-
ery resource disaster has occurred without a re-
quest. 
‘‘(6) DISBURSAL OF APPROPRIATED FUNDS.— 
‘‘(A) 
AUTHORIZATION.—The 
Secretary 
shall allocate funds available under paragraph 
(9) for fishery resource disasters. 
‘‘(B) 
ALLOCATION
OF
APPROPRIATED 
FISHERY RESOURCE DISASTER ASSISTANCE.— 
‘‘(i) 
NOTIFICATION
OF
FUNDING 
AVAILABILITY.—If there are appropriated 
funds for 1 or more fishery resource disas-
ters, the Secretary shall notify— 
‘‘(I) the public; and 
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‘‘(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 
commercial, charter, headboat, or seafood proc-
essing revenue losses and may consider the fol-
lowing factors: 
‘‘(i) Direct economic impacts. 
‘‘(ii) Uninsured losses. 
‘‘(iii) Losses of subsistence and Tribal 
ceremonial fishing opportunity. 
‘‘(iv) Losses of recreational fishing op-
portunity. 
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‘‘(v) Aquaculture operations revenue 
loss. 
‘‘(vi) Direct revenue losses to a fishing 
community. 
‘‘(vii) Treaty obligations. 
‘‘(viii) 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 avail-
able, that shall include the following informa-
tion, if applicable: 
‘‘(i) Objectives and outcomes, with an 
emphasis on addressing the factors con-
tributing to the fishery resource disaster 
and minimizing future uninsured losses, if 
applicable. 
‘‘(ii) Statement of work. 
‘‘(iii) Budget details. 
‘‘(E) REGIONAL
CONTACT.—If so re-
quested, the Secretary shall provide a regional 
contact within the National Oceanic and Atmos-
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pheric 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 re-
ceives 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, 
prevent a similar disaster in the fu-
ture, or assist the affected fishing 
community, 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, 
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that reduce adverse effects on the 
fishery or improve understanding 
of the affected species or its eco-
system. 
‘‘(bb) The collection of fish-
ery information and other activi-
ties 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 ca-
pacity reduction loan or to repay 
the principal of a Federal fishing 
capacity reduction loan. 
‘‘(dd) Developing, repairing, 
or improving fishery-related pub-
lic infrastructure. 
‘‘(ee) Direct assistance to a 
person, fishing community (in-
cluding assistance for lost fish-
eries resource levies), or a busi-
ness to alleviate economic loss in-
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curred as a direct result of a 
fishery resource disaster, particu-
larly 
if 
affected 
by 
a 
cir-
cumstance described in para-
graph (5)(D). 
‘‘(ff) Hatcheries and stock 
enhancement to help rebuild the 
affected stock or offset fishing 
pressure on the affected stock. 
‘‘(II) DISPLACED
FISHERY
EM-
PLOYEES.—If appropriate, individuals 
carrying out the activities described in 
items (aa) through (ff) of subclause 
(I) shall be individuals who are, or 
were, employed in a commercial, char-
ter, or Tribal fishery for which the 
Secretary has determined that a fish-
ery resource disaster has occurred. 
‘‘(7) LIMITATIONS.— 
‘‘(A) FEDERAL SHARE.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clauses (ii) and (iii), the Federal 
share of the cost of any activity carried out 
under the authority of this subsection shall 
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not exceed 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 deter-
mines 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— 
‘‘(I) direct assistance as de-
scribed 
in 
paragraph 
(6)(F)(iii)(I)(hh); or 
‘‘(II) assistance to subsistence or 
Tribal fisheries. 
‘‘(B) LIMITATIONS
ON
ADMINISTRATIVE 
EXPENSES.— 
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‘‘(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 
governments, 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. 
‘‘(ii) ASSISTANCE CONDITIONS.—As a 
condition of providing assistance under 
this subsection with respect to a vessel 
under a fishing capacity reduction pro-
gram, the Secretary shall— 
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‘‘(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, 
education, 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 subpara-
graph (C)(ii)(I) shall not be eligible for a 
fishery 
endorsement 
under 
section 
12113(a) of title 46, United States Code. 
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‘‘(ii) NONREFLECTIVE.—A fishery en-
dorsement for a vessel described in clause 
(i) shall not be effective. 
‘‘(iii) NO SALE.—A vessel described in 
clause (i) shall 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 submission best practices for the information 
described in paragraph (4)(B).’’. 
(b) MAGNUSON-STEVENS FISHERY CONSERVATION 
AND MANAGEMENT ACT.— 
(1) REPEAL.—Section 315 (16 U.S.C. 1864) is 
repealed. 
(2) REPORT.—Section 113(b)(2) of the Magnu-
son-Stevens Fishery Conservation and Management 
Reauthorization Act of 2006 (16 U.S.C. 460ss note) 
is amended— 
(A) in the paragraph heading, by striking 
‘‘ANNUAL REPORT’’ and inserting ‘‘REPORT’’; 
(B) in the matter preceding subparagraph 
(A), by striking ‘‘Not later than 2 years after 
the date of enactment of this Act, and annually 
thereafter’’ and inserting ‘‘Not later than 2 
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years after the date of enactment of the Sus-
taining America’s Fisheries for the Future Act 
of 2021, and biennially thereafter’’; and 
(C) in subparagraph (D), by striking ‘‘the 
calendar year 2003’’ and inserting ‘‘the most 
recent’’. 
(c) INTERJURISDICTIONAL
FISHERIES
ACT
OF 
1986.— 
(1) REPEAL.—Section 308 of the Interjurisdic-
tional Fisheries Act of 1986 (16. U.S.C. 4107) is re-
pealed. 
(2) TECHNICAL EDIT.—Section 3(k)(1) of the 
Small Business Act (15 U.S.C. 632(k)(1)) is amend-
ed by striking ‘‘(as determined by the Secretary of 
Commerce under section 308(b) of the Interjurisdic-
tional Fisheries Act of 1986)’’ and inserting ‘‘(as de-
termined by the Secretary of Commerce under the 
Sustaining America’s Fisheries for the Future Act 
of 2021)’’. 
(d) BUDGET REQUESTS; REPORTS.— 
(1) BUDGET
REQUEST.—In the budget jus-
tification materials submitted to Congress in support 
of the budget of the Department of Commerce for 
each fiscal year (as submitted with the budget of the 
President under section 1105(a) of title 31, United 
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States Code), the Secretary of Commerce shall in-
clude a separate statement of the amount requested 
to be appropriated for that fiscal year for out-
standing unfunded fishery resource disasters. 
(2) DRIFTNET ACT AMENDMENTS OF 1990 RE-
PORT AND BYCATCH REDUCTION AGREEMENTS.— 
(A) IN GENERAL.—The Magnuson-Stevens 
Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.) is amended— 
(i) in section 202(h), by striking para-
graph (3); and 
(ii) in section 206— 
(I) by striking subsections (e) 
and (f); and 
(II) by redesignating subsections 
(g) and (h) as subsections (e) and (f), 
respectively. 
(B) BIENNIAL REPORT ON INTERNATIONAL 
COMPLIANCE.—Section 607 of the High Seas 
Driftnet Fishing Moratorium Protection Act 
(16 U.S.C. 1826h) is amended— 
(i) by inserting ‘‘(a) IN GENERAL.—’’ 
before ‘‘The Secretary’’ and indenting ap-
propriately; and 
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(ii) by adding at the end the fol-
lowing: 
‘‘(b) ADDITIONAL INFORMATION.—In addition to the 
information described in paragraphs (1) through (5) of 
subsection (a), the report shall include— 
‘‘(1) a description of the actions taken to carry 
out the provisions of section 206 of the Magnuson- 
Stevens Fishery Conservation and Management Act 
(16 U.S.C. 1826), including— 
‘‘(A) an evaluation of the progress of those 
efforts, the impacts on living marine resources, 
including available observer data, and specific 
plans for further action; 
‘‘(B) a list and description of any new fish-
eries developed by nations that conduct, or au-
thorize their nationals to conduct, large-scale 
driftnet fishing beyond the exclusive economic 
zone of any nation; and 
‘‘(C) a list of the nations that conduct, or 
authorize their nationals to conduct, large-scale 
driftnet fishing beyond the exclusive economic 
zone of any nation in a manner that diminishes 
the effectiveness of or is inconsistent with any 
international agreement governing large-scale 
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driftnet fishing to which the United States is a 
party or otherwise subscribes; and 
‘‘(2) a description of the actions taken to carry 
out the provisions of section 202(h) of the Magnu-
son-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1822(h)). 
‘‘(c) CERTIFICATION.—If, at any time, the Secretary, 
in consultation with the Secretary of State and the Sec-
retary of the department in which the Coast Guard is op-
erating, identifies any nation that warrants inclusion in 
the list described under subsection (b)(1)(C), due to large 
scale drift net fishing, the Secretary shall certify that fact 
to the President. Such certification shall be deemed to be 
a certification for the purposes of section 8(a) of the Fish-
ermen’s Protective Act of 1967 (22 U.S.C. 1978(a)).’’. 
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 is amended— 
(1) by redesignating the second paragraph (33) 
(appearing after paragraph (50) as paragraph (51); 
and 
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(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 personal or family con-
sumption as food or clothing; 
‘‘(ii) for the making or selling of 
handicraft articles out of nonedible byprod-
ucts taken for personal or family consump-
tion, for barter, or sharing for personal or 
family consumption; and 
‘‘(iii) 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— 
‘‘(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.’’. 
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SEC. 203. WORKING WATERFRONTS GRANT PROGRAM. 
(a) IN GENERAL.—The Coastal Zone Management 
Act of 1972 (16 U.S.C. 1451 et seq.) is amended by add-
ing at the end the following: 
‘‘SEC. 320. WORKING WATERFRONTS GRANT PROGRAM. 
‘‘(a) WORKING WATERFRONT TASK FORCE.— 
‘‘(1) ESTABLISHMENT
AND
FUNCTIONS.—The 
Secretary of Commerce shall establish a task force 
to work directly with coastal States, user groups, 
and coastal stakeholders to identify and address crit-
ical needs with respect to working waterfronts. 
‘‘(2) MEMBERSHIP.—The members of the task 
force shall be appointed by the Secretary of Com-
merce, and shall include— 
‘‘(A) experts in the unique economic, so-
cial, cultural, ecological, geographic, and re-
source concerns of working waterfronts; and 
‘‘(B) representatives from the National 
Oceanic and Atmospheric Administration’s Of-
fice of Coastal Management, the United States 
Fish and Wildlife Service, the Department of 
Agriculture, 
the 
Environmental 
Protection 
Agency, the United States Geological Survey, 
the Navy, the National Marine Fisheries Serv-
ice, the Economic Development Agency, and 
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such other Federal agencies as the Secretary 
considers appropriate. 
‘‘(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 of Commerce 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 en-
vironment 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; 
‘‘(C) identify Federal agencies that are re-
sponsible under existing law for addressing such 
critical needs; and 
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‘‘(D) recommend Federal agencies best 
suited 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 find-
ings. 
‘‘(6) IMPLEMENTATION.—The head of each 
Federal agency identified in the report pursuant to 
paragraph (3)(C) shall take such action as is nec-
essary to implement the recommendations contained 
in the report by not later than 1 year after the date 
of the issuance of the report. 
‘‘(b) WORKING WATERFRONT GRANT PROGRAM.— 
‘‘(1) The Secretary shall establish a Working 
Waterfront Grant Program, in cooperation with ap-
propriate State, regional, and other units of govern-
ment, under which the Secretary may make a grant 
to any coastal State for the purpose of implementing 
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a working waterfront plan approved by the Secretary 
under subsection (c). 
‘‘(2) Subject to the availability of appropria-
tions, the Secretary shall award matching grants 
under the Working Waterfronts Grant Program to 
coastal States with approved working waterfront 
plans through a regionally equitable, competitive 
funding process in accordance with the following: 
‘‘(A) The Governor, or the lead agency 
designated by the Governor for coordinating the 
implementation of this section, where appro-
priate in consultation with the appropriate local 
government, shall determine that the applica-
tion is consistent with the State’s or territory’s 
approved coastal zone plan, program, and poli-
cies 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 
waterfront planning. 
‘‘(C) Coastal States may allocate grants to 
local governments, Indian Tribes, agencies, or 
nongovernmental organizations eligible for as-
sistance under this section. 
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‘‘(3) In awarding a grant to a coastal State, the 
Secretary shall consider— 
‘‘(A) the economic, cultural, and historical 
significance of working waterfront to the coast-
al State; 
‘‘(B) the demonstrated working waterfront 
needs of the coastal State as outlined by a 
working waterfront plan approved for the coast-
al State under subsection (c), and the value of 
the proposed project for the implementation of 
such plan; 
‘‘(C) the ability to successfully leverage 
funds among participating entities, including 
Federal programs, regional organizations, State 
and other government units, landowners, cor-
porations, or private organizations; 
‘‘(D) the potential for rapid turnover in 
the ownership of working waterfront in the 
coastal State, and where applicable the need for 
coastal States to respond quickly when prop-
erties in existing or potential working water-
front areas or public access areas as identified 
in the working waterfront plan submitted by 
the coastal State come under threat or become 
available; and 
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‘‘(E) the impact of the working waterfront 
plan approved for the coastal State under sub-
section (c) on the coastal ecosystem and the 
users of the coastal ecosystem. 
‘‘(4) The Secretary shall approve or reject an 
application for such a grant within 60 days after re-
ceiving an application for the grant. 
‘‘(c) WORKING WATERFRONT PLANS.— 
‘‘(1) To be eligible for a grant under subsection 
(b), a coastal State must submit and have approved 
by the Secretary a comprehensive working water-
front plan in accordance with this subsection, or be 
in the process of developing such a plan and have an 
established working waterfront program at the State 
or local level, or the Secretary determines that an 
existing coastal land use plan for that State is in ac-
cordance with this subsection. 
‘‘(2) Such plan— 
‘‘(A) must provide for preservation and ex-
pansion of access to coastal waters to persons 
engaged in commercial fishing, recreational 
fishing and boating businesses, aquaculture, 
boatbuilding, or other water-dependent, coastal- 
related business; 
‘‘(B) shall include one or more of— 
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‘‘(i) an assessment of the economic, 
social, cultural, and historic value of work-
ing waterfront to the coastal State; 
‘‘(ii) a description of relevant State 
and local laws and regulations affecting 
working waterfront in the geographic areas 
identified in the working waterfront plan; 
‘‘(iii) 
identification 
of 
geographic 
areas where working waterfronts are cur-
rently under threat of conversion to uses 
incompatible with commercial and rec-
reational fishing, recreational fishing and 
boating businesses, aquaculture, boatbuild-
ing, or other water-dependent, coastal-re-
lated business, and the level of that threat; 
‘‘(iv) identification of geographic areas 
with a historic connection to working wa-
terfronts where working waterfronts are 
not currently available, and, where appro-
priate, an assessment of the environmental 
impacts of any expansion or new develop-
ment of working waterfronts on the coastal 
ecosystem; 
‘‘(v) identification of other working 
waterfront needs including improvements 
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to existing working waterfronts and work-
ing waterfront areas; 
‘‘(vi) a strategic and prioritized plan 
for the preservation, expansion, and im-
provement of working waterfronts in the 
coastal State; 
‘‘(vii) 
for 
areas 
identified 
under 
clauses (iii), (iv), (v), and (vi), identifica-
tion of current availability and potential 
for expansion of public access to coastal 
waters; 
‘‘(viii) a description of the degree of 
community support for such strategic plan; 
and 
‘‘(ix) a contingency plan for properties 
that revert to the coastal State pursuant to 
determinations made by the coastal State 
under subsection (g)(4)(C); 
‘‘(C) may include detailed environmental 
impacts on working waterfronts, including haz-
ards, sea level rise, inundation exposure, and 
other resiliency issues; 
‘‘(D) may be part of the management pro-
gram approved under section 306; 
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‘‘(E) shall utilize to the maximum extent 
practicable existing information contained in 
relevant surveys, plans, or other strategies to 
fulfill the information requirements under this 
paragraph; and 
‘‘(F) shall incorporate the policies and reg-
ulations adopted by communities under local 
working waterfront plans or strategies in exist-
ence before the date of the enactment of this 
section. 
‘‘(3) A working waterfront plan— 
‘‘(A) shall be effective for purposes of this 
section for the 5-year period beginning on the 
date it is approved by the Secretary; 
‘‘(B) must be updated and re-approved by 
the Secretary before the end of such period; and 
‘‘(C) shall be complimentary to and incor-
porate the policies and objectives of regional or 
local working waterfront plans as in effect be-
fore the date of enactment of this section or as 
subsequently revised. 
‘‘(4) The Secretary may— 
‘‘(A) award planning grants to coastal 
States for the purpose of developing or revising 
comprehensive working waterfront plans; and 
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‘‘(B) award grants consistent with the pur-
poses of this section to States undertaking the 
working waterfront planning process under this 
section, for the purpose of preserving and pro-
tecting working waterfronts during such proc-
ess. 
‘‘(5) Any coastal State applying for a working 
waterfront grant under this title shall— 
‘‘(A) develop a working waterfront plan, 
using a process that involves the public and 
those with an interest in the coastal zone; 
‘‘(B) coordinate development and imple-
mentation of such a plan with other coastal 
management programs, regulations, and activi-
ties of the coastal State; and 
‘‘(C) if the coastal State allows qualified 
holders (other than the coastal State) to enter 
into working waterfront covenants, provide as 
part of the working waterfront plan under this 
subsection a mechanism or procedure to ensure 
that the qualified holders are complying their 
duties to enforce the working waterfront cov-
enant. 
‘‘(d) USES, TERMS, AND CONDITIONS.— 
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the fishing community in the fisheries, 
including providing for new entry and 
intergenerational 
transfer, 
encour-
aging active participation and ad-
dressing economic barriers to access 
to the fisheries. 
‘‘(VI) A description of how the 
community sustainability plan will ad-
dress the projected economic and so-
cial impacts associated with the imple-
mentation of the limited access pro-
gram, including the potential for 
strengthening economic conditions in 
remote fishing communities lacking 
the resources to participate in har-
vesting activities in the fishery. 
‘‘(VII) A description of how the 
community sustainability plan will en-
sure the benefits of participating in 
the limited access privilege program 
accrue to the fishing community and 
participants. 
‘‘(ii) PREVIOUSLY ADOPTED PLAN.—A 
community sustainability plan submitted 
before the date of enactment of the Sus-
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