154 
8 Council regions according to recommendations of 
the Councils, based on regional priorities identified 
through the Council process. 
‘‘(2) MINIMUM
ALLOCATION.—In the case of 
amounts deposited in the Fund pursuant to sub-
section (c)(2), unless specified otherwise, the Sec-
retary shall allocate not less than 5 percent of the 
Fund in each allocation period to each region. 
‘‘(3) SPECIFICALLY
APPORTIONED
FUNDS.— 
The Secretary may apportion amounts from the 
Fund to a specific project or region if such amounts 
were identified by the Council that designated such 
amounts for inclusion in the Fund under subsection 
(c)(1), or by the appropriation Act, State, public 
source, or nonprofit or organization from which they 
were received under subsection (c)(2), as being de-
posited for that specific project or region.’’. 
(d) REFERENCES.—Any reference in a law, map, reg-
ulation, document, paper, or other record of the United 
States to the ‘‘Fisheries Conservation and Management 
Fund’’ is deemed to be a reference to the ‘‘Zeke Grader 
Fisheries Conservation and Management Fund’’. 
(e) CLERICAL AMENDMENT.—The table of contents 
for the Magnuson-Stevens Fishery Conservation and Man-
agement Reauthorization Act of 2006 (Public Law 109– 
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479) is amended by striking the item relating to section 
208 and inserting the following: 
‘‘Sec. 208. Zeke Grader Conservation and Management Fund.’’. 
SEC. 409. OFFSHORE WIND COLLABORATION. 
The Secretary and the Secretary of the Interior, act-
ing through the Bureau of Ocean Energy Management, 
shall enter into a cooperative agreement to fund such addi-
tional stock assessments and fisheries and marine wildlife 
research as may be necessary as a result of actions by 
such Bureau related to the development of offshore wind 
energy. 
TITLE 
V—SUSTAINING 
FISH-
ERIES 
THROUGH 
HEALTHY 
ECOSYSTEMS AND IMPROVED 
MANAGEMENT 
SEC. 501. SENSE OF CONGRESS. 
It is the sense of Congress that protection of essential 
fish habitat ensures healthy and resilient fisheries and ma-
rine ecosystems, particularly as oceans conditions shift 
due to climate change, and that impacts from both fishing 
gear and non-fishing activities should be considered 
through consistent application of essential fish habitat 
provisions under the Magnuson-Stevens Fishery Conserva-
tion and Management Act. 
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SEC. 502. ESSENTIAL FISH HABITAT CONSULTATION. 
(a) IN GENERAL.—Section 305(b) of the Magnuson- 
Stevens Fishery Conservation and Management Act (16 
U.S.C. 1855(b)) is amended— 
(1) in subparagraph (D), by inserting ‘‘and 
such agencies shall take action’’ after ‘‘agencies’’; 
(2) by striking paragraphs (2), (3), and (4); 
and 
(3) by adding at the end the following: 
‘‘(2) CONSULTATIONS
REGARDING
FEDERAL 
AGENCY ACTION WITH ADVERSE EFFECTS ON ES-
SENTIAL FISH HABITAT.— 
‘‘(A) REQUIREMENT
TO
AVOID
OR
MITI-
GATE ADVERSE EFFECTS.—With respect to any 
Federal agency action that may have an ad-
verse effect on— 
‘‘(i) essential fish habitat, each Fed-
eral agency shall, in consultation with the 
Secretary, ensure that any action author-
ized, funded, or undertaken by such agency 
avoids the adverse effect of such action on 
essential fish habitat or, to the extent that 
the adverse effect cannot be avoided, the 
agency shall minimize and mitigate the ad-
verse effect; and 
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‘‘(ii) a habitat area of particular con-
cern, each Federal agency shall, in con-
sultation with the Secretary— 
‘‘(I) monitor or require moni-
toring for possible adverse effects; 
‘‘(II) take action to minimize and 
mitigate any adverse effect of the ac-
tion on— 
‘‘(aa) the habitat area of 
particular concern; 
‘‘(bb) the species for with 
respect to which the habitat area 
of particular concern is des-
ignated; and 
‘‘(cc) for the entire period 
during which such adverse effects 
are likely to occur; and 
‘‘(III) evaluate the effectiveness 
of measures described in subclause 
(II) and report the results of such 
evaluation to the Secretary annually. 
‘‘(B) 
CONSIDERATIONS.—In 
consulting 
with a Federal agency under subparagraph (A) 
for projects seeking to restore and improve the 
long-term resilience of habitat, particularly in 
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estuarine environments heavily impacted by sea 
level rise and other climate change factors, the 
Secretary shall account for the consequences of 
not pursuing such restoration and habitat resil-
ience projects and the long-term positive im-
pacts on fish populations of such activities. 
‘‘(C) REGULATIONS.—The Secretary shall 
establish regulations for the consultation proc-
ess required by subparagraph (A), including to 
ensure that recommendations made by the Sec-
retary pursuant to such subparagraph would re-
sult in the avoidance, if possible, of adverse ef-
fects on essential fish habitat and, if avoidance 
is not possible, the minimization and mitigation 
of any such adverse effects. 
‘‘(3) INFORMATION
TO
COUNCIL.—The Sec-
retary shall inform each Council that has authority 
over an affected fishery of any consultation carried 
out under paragraph (2), including information on 
the proposed action and any potential adverse ef-
fects, and each such Council— 
‘‘(A) may comment on and make rec-
ommendations to the Secretary and any Federal 
or State agency concerning the underlying ac-
tion if, in the view of the Council, such action 
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