(1) by amending subparagraph (A) to read as 
follows: 
‘‘(A) REQUIRED
EXPERTISE.—In making 
appointments to the Council under this section, 
the Secretary shall appoint an individual who, 
by reason of occupational or other experience, 
scientific expertise, or training, is knowledge-
able regarding— 
‘‘(i) the conservation and manage-
ment, or the commercial, recreational, or 
subsistence harvest, of the fishery re-
sources of the geographic area concerned; 
or 
‘‘(ii) ecosystem-based fishery manage-
ment or climate science.’’; 
(2) by amending subparagraph (B) to read as 
follows: 
‘‘(B) APPORTIONMENT.—The Secretary, in 
making appointments under this section, shall, 
to the extent practicable, ensure a fair and bal-
anced apportionment, on a rotating or other 
basis, of active participants or representatives 
of such participants in the commercial, rec-
reational, and subsistence fisheries under the 
jurisdiction of the Council and of members of 
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the conservation community, scientists, non- 
consumptive users, and indigenous and tribal 
communities as applicable, and of the active 
participants (or their representatives) in the 
commercial, recreational, and subsistence fish-
eries under the jurisdiction of the Council. The 
Secretary shall, on an annual basis, submit to 
the Committee on Commerce, Science, and 
Transportation of the Senate and the Com-
mittee on Natural Resources of the House of 
Representatives a report on the actions taken 
by the Secretary to ensure that such fair and 
balanced apportionment is achieved. The report 
shall— 
‘‘(i) list the fisheries under the juris-
diction of each Council, outlining for each 
fishery the type and quantity of fish har-
vested, fishing and processing methods em-
ployed, the number of participants, the du-
ration and range of the fishery, and other 
distinguishing characteristics; 
‘‘(ii) assess the membership of each 
Council in terms of the apportionment of 
the active participants in each such fishery 
and of members of the conservation com-
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100 
munity, scientists, non-consumptive users, 
indigenous and tribal communities; and 
‘‘(iii) state the Secretary’s plans and 
schedule for actions to achieve a fair and 
balanced apportionment on the Council for 
the active participants in any such fishery 
and for the categories of members listed in 
clause (ii).’’; and 
(3) by amending subparagraph (C) to read as 
follows: 
‘‘(C) APPOINTMENTS.— 
‘‘(i) LIST FROM GOVERNOR.— 
‘‘(I) 
APPOINTMENT
FROM 
LIST.—The Secretary shall appoint 
the members of each Council from a 
list of individuals submitted by the 
Governor of each applicable con-
stituent State. 
‘‘(II) 
REQUIREMENTS
FOR 
LIST.—in submitting a list for the 
purposes of subclause (I), a Gov-
ernor— 
‘‘(aa) may only submit the 
name of an individual if such 
Governor has determined such in-
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101 
dividual is qualified under the re-
quirements of subparagraph (A); 
and 
‘‘(bb) 
shall 
include 
the 
names and pertinent biographical 
data of not less than 3 individ-
uals for each applicable vacancy 
and shall be accompanied by a 
statement by the Governor ex-
plaining how each such individual 
meets the requirements of sub-
paragraph (A). 
‘‘(III) REVIEW.—The Secretary 
shall review each list submitted under 
this subparagraph. If the Secretary 
determines that any individual does 
not meet the requirements of this 
paragraph, the Secretary shall notify 
the appropriate Governor. 
‘‘(IV) RESPONSE TO REVIEW.—If 
a Governor receives notice under sub-
clause (III), the Governor may submit 
a revised list or resubmit the original 
list with an additional explanation of 
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102 
the qualifications of the individual in 
question. 
‘‘(ii) INDIVIDUALS WHO DO NOT HAVE 
A
FINANCIAL
INTEREST.—The Secretary 
shall appoint to each Council at least 1 in-
dividual who does not have a financial in-
terest in matters before the Council. 
‘‘(iii) FINANCIAL
DISCLOSURE
RE-
QUIREMENTS.— An individual is not eligi-
ble for appointment by the Secretary until 
that individual complies with the applicable 
financial disclosure requirements under 
subsection (j).’’. 
(e) Section 302(b)(2) (16 U.S.C. 1852(b)(2)) is 
amended by adding at the end the following: 
‘‘(F) In appointing at-large members to 
the Western Pacific Fishery Management Coun-
cil, the Secretary shall ensure geographic rep-
resentation across all constituent states of the 
Council.’’. 
(f) JUDICIAL REVIEW.—Section 305(f)(1) is amend-
ed by striking ‘‘30’’ and inserting ‘‘60’’. 
SEC. 306. AMENDMENTS TO WESTERN PACIFIC SUSTAIN-
ABLE FISHERIES FUND. 
Section 204(e) is amended— 
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103 
(1) in paragraph (4)— 
(A) by amending subparagraph (A) to read 
as follows: 
‘‘(A) IN GENERAL.— 
‘‘(i) REQUIREMENT.—Prior to enter-
ing into a Pacific Insular Area fishery 
agreement, the Western Pacific Council 
and the appropriate Governor shall develop 
a 3-year marine conservation plan includ-
ing detailing uses for funds to be collected 
by the Secretary pursuant to such agree-
ment. 
‘‘(ii) PROCESS.—Not later than 30 
days before submitting a marine conserva-
tion plan to the Secretary for approval, the 
Western Pacific Council shall issue a pub-
lic notice of intent to submit such plan to 
the Secretary, including publishing such 
plan. 
‘‘(iii) CONTENTS.—The marine con-
servation management plan required by 
clause (i) shall be consistent with any ap-
plicable fishery management plan, identify 
conservation and management objectives 
(including criteria for determining when 
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104 
such objectives have been met), and 
prioritize planned marine conservation 
projects. Conservation and management 
objectives shall include— 
‘‘(I) Pacific Insular Area ob-
server programs, or other monitoring 
programs, that the Secretary deter-
mines are adequate to monitor the 
harvest, bycatch, and compliance with 
the laws of the United States by for-
eign fishing vessels that fish under 
Pacific Insular Area fishing agree-
ments; 
‘‘(II) conduct of marine and fish-
eries research, including development 
of systems for information collection, 
analysis, evaluation, and reporting; 
‘‘(III) conservation, education, 
and enforcement activities related to 
marine and coastal management, such 
as living marine resource assessments, 
habitat monitoring and coastal stud-
ies; 
‘‘(IV) grants to the University of 
Hawaii 
for 
technical 
assistance 
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105 
projects by the Pacific Island Net-
work, such as education and training 
in the development and implementa-
tion of sustainable marine resources 
development projects, scientific re-
search, and conservation strategies; 
and 
‘‘(V) western Pacific community- 
based demonstration projects under 
section 112(b) of the Sustainable 
Fisheries Act and other coastal im-
provement projects in waters beyond 
the seaward boundary (as such term 
is defined in section 4 of the Sub-
merged Lands Act) of any State to 
foster and promote the management, 
conservation, and economic enhance-
ment of the Pacific Insular Areas. 
‘‘(iv) APPLICABILITY OF RECUSAL RE-
QUIREMENTS.—The development of a ma-
rine conservation plan under this subpara-
graph shall be a Council decision for the 
purposes of section 302(j).’’; and 
(B) in subparagraph (B), by inserting 
‘‘Hawaii,’’ before ‘‘American Samoa,’’; 
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106 
(2) by amending paragraph (7) to read as fol-
lows: 
‘‘(7) WESTERN
PACIFIC
SUSTAINABLE
FISH-
ERIES FUND.—There is established in the United 
States Treasury a Western Pacific Sustainable Fish-
eries Fund into which any payments received by the 
Secretary under a Pacific Insular Area fishery 
agreement and any funds or contributions received 
in support of conservation and management objec-
tives under a marine conservation plan for any Pa-
cific Insular Area other than American Samoa, 
Guam, or the Northern Mariana Islands shall be de-
posited. The Western Pacific Sustainable Fisheries 
Fund shall be made available, without appropriation 
or fiscal year limitation, to the Secretary, who shall 
provide such funds only— 
‘‘(A) for the purpose of carrying out the 
provisions of this subsection, as determined by 
the Secretary in consultation with the Western 
Pacific Sustainable Fishery Fund Advisory 
panel under paragraph (9), including implemen-
tation of a marine conservation plan approved 
under paragraph (4); 
‘‘(B) to the Secretary of State for mutually 
agreed upon travel expenses for no more than 
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107 
2 Federal representatives incurred as a direct 
result of complying with paragraph (1)(B); and 
‘‘(C) to meet conservation and manage-
ment objectives in the State of Hawaii if funds 
remain in the Western Pacific Sustainable Fish-
eries Fund after the funding requirements of 
subparagraphs (A) and (B) have been satis-
fied.’’; and 
(3) by adding at the end the following: 
‘‘(9) WESTERN PACIFIC SUSTAINABLE FISHERY 
FUND ADVISORY PANEL.— 
‘‘(A) 
ESTABLISHMENT.—The 
Secretary 
shall establish an advisory panel under section 
302(g) to evaluate and annually rank applica-
tions for grants under paragraph (7). 
‘‘(B) MEMBERSHIP.—The Secretary shall 
appoint to such advisory panel the following in-
dividuals who shall not be members or employ-
ees of the Western Pacific Fishery Management 
Council: 
‘‘(i) One individual selected by the 
Governor of Hawaii. 
‘‘(ii) One individual selected by the 
Governor of the Northern Mariana Islands. 
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108 
‘‘(iii) One individual selected by the 
Governor of Guam. 
‘‘(iv) One individual selected by the by 
the Governor of American Samoa. 
‘‘(10) WRITTEN EXPLANATION.—In any case in 
which the Secretary issues a grant that is incon-
sistent with the ranking given by such advisory 
panel under subparagraph (A), the Secretary shall 
provide a detailed written explanation of such devi-
ation. 
‘‘(11) NOTICE.—The Secretary shall provide 
timely notice to the public of each meeting of such 
advisory panel. 
‘‘(12) MINUTES.—The Secretary shall publish 
minutes of each meeting of such advisory panel. 
‘‘(13) REPORT.—The Secretary shall, in con-
sultation with such advisory panel, submit an annual 
report to Congress identifying any projects funded in 
the previous year under this subsection and the sta-
tus and progress of projects carried out under this 
subsection. 
‘‘(14) EXEMPTION
FROM
FEDERAL
ADVISORY 
COMMITTEE ACT.—The Federal Advisory Committee 
Act (5 U.S.C. App) shall not apply to such advisory 
panel.’’. 
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109 
SEC. 307. NATIONAL OCEANIC AND ATMOSPHERIC ADMIN-
ISTRATION SEXUAL HARASSMENT AND AS-
SAULT PREVENTION. 
(a) POLICY ON THE PREVENTION OF AND RESPONSE 
TO SEXUAL HARASSMENT INVOLVING NATIONAL OCE-
ANIC
AND
ATMOSPHERIC
ADMINISTRATION
PER-
SONNEL.— 
(1) COVERED PERSONNEL.—Section 3541(a) of 
Public Law 114–328 (33 U.S.C. 894(a)) is amend-
ed— 
(A) by striking ‘‘Not later’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—Not later’’; and 
(B) by adding at the end the following: 
‘‘(2) INCLUDED PERSONNEL.—The individuals 
who work with or conduct business on behalf of the 
Administration referred to in paragraph (1) include 
the following: 
‘‘(A) Observers and at-sea monitors re-
quired by the National Marine Fisheries Service 
to be aboard commercial fishing vessels and 
other privately owned vessels, barges, or plat-
forms for— 
‘‘(i) commercial fisheries observation 
required by the Magnuson-Stevens Fishery 
Conservation and Management Act; 
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110 
‘‘(ii) protected species or endangered 
species observation required by the Marine 
Mammal Protection Act of 1972 or the 
Endangered Species Act of 1973; or 
‘‘(iii) platform removal observation. 
‘‘(B) Voting members and executive and 
administrative staff of regional fishery manage-
ment councils established by section 302 of the 
Magnuson-Stevens Fishery Conservation and 
Management Act.’’. 
(2) INCLUSION
OF
EQUAL
EMPLOYMENT
IN 
QUARTERLY REPORTS.—Section 3541(f) of such Act 
(33 U.S.C. 894(f)) is amended— 
(A) by inserting ‘‘and equal employment’’ 
after ‘‘sexual harassment’’ each place it ap-
pears; and 
(B) in paragraph (2)— 
(i) by redesignating subparagraphs 
(C) and (D) as subparagraphs (D) and 
(E), respectively; and 
(ii) by inserting after subparagraph 
(B) the following: 
‘‘(C) A synopsis of each case and the dis-
ciplinary action taken (if any) in each case.’’. 
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111 
(b) COMPREHENSIVE POLICY ON PREVENTION OF 
AND RESPONSE TO SEXUAL ASSAULTS.— 
(1) COVERED PERSONNEL.—Section 3542(a) of 
such Act (33 U.S.C. 894a(a)) is amended— 
(A) by striking ‘‘Not later’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—Not later’’; and 
(B) by adding at the end the following: 
‘‘(2) INCLUDED PERSONNEL.—The individuals 
who work with or conduct business on behalf of the 
Administration referred to in paragraph (1) include 
the individuals described in section 3541(a)(2).’’. 
(2) VICTIM ADVOCATES.— 
(A) IN GENERAL.—Section 3542(c)(2) of 
such Act (33 U.S.C. 894a(c)(2)) is amended to 
read as follows: 
‘‘(2) VICTIM ADVOCATES.—For purposes of this 
subsection, a victim advocate is a full-time perma-
nent employee of the Administration trained in and 
responsible solely for matters relating to sexual as-
sault and the comprehensive policy developed under 
subsection (a).’’. 
(B) LOCATION.—Section 3542(c)(4) (33 
U.S.C. 894a(c)(4)) of such Act is amended by 
inserting ‘‘full time’’ after ‘‘stationed’’. 
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112 
(c) ANNUAL REPORT ON SEXUAL ASSAULTS, SEX-
UAL HARASSMENT, AND EQUAL EMPLOYMENT.—Section 
3548 of such Act (33 U.S.C. 894e) is amended— 
(1) by striking the section heading and insert-
ing the following: ‘‘ANNUAL REPORT ON SEXUAL 
ASSAULTS, SEXUAL HARASSMENT, AND EQUAL 
EMPLOYMENT IN THE NATIONAL OCEANIC AND 
ATMOSPHERIC ADMINISTRATION.’’; 
(2) in subsection (a), by inserting ‘‘, sexual har-
assment, and equal employment’’ after ‘‘sexual as-
saults’’; and 
(3) in subsection (b)— 
(A) in paragraph (4), by inserting ‘‘, in-
cluding a synopsis of each case and the discipli-
nary action taken, if any, in each case’’ before 
the period at the end; and 
(B) by adding at the end the following: 
‘‘(5) A summary of the number of change of 
station, unit transfer, and change of work location 
requests submitted to the Under Secretary under 
section 3544(a), including the number of such re-
quests that were denied. 
‘‘(6) A summary of the number of cases re-
ferred to the Coast Guard under section 3550. 
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113 
‘‘(7) The number of alleged sexual assaults and 
sexual harassment cases involving fisheries, pro-
tected species, and endangered species observers, in-
cluding— 
‘‘(A) a synopsis of each case and the sta-
tus; 
‘‘(B) the disposition of any investigation; 
and 
‘‘(C) a description of the fishery manage-
ment region and fishery or the geographic re-
gion and type of permitted operation in which 
the assault or harassment is alleged to have oc-
curred, as appropriate.’’. 
(d) INVESTIGATION AND CRIMINAL REFERRAL RE-
QUIREMENTS.— 
(1) TECHNICAL
AMENDMENT.—Sections 3548 
(as amended) and 3549 of such Act (33 U.S.C. 894e 
and 894f) are redesignated as sections 3551 and 
3552, respectively. 
(2) IN GENERAL.—Subtitle C of title XXXV of 
such Act (33 U.S.C. 894 et seq.) is amended by in-
serting after section 3547 the following: 
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114 
‘‘SEC. 3548. EXCEPTIONS REGARDING ANONYMITY OF SUR-
VIVORS IN CERTAIN CASES. 
‘‘(a) IN GENERAL.—In any case in which an em-
ployee, member of the commissioned officer corps, or indi-
vidual conducting business on behalf of the administration 
elects anonymous reporting under section 3541(b)(3)(B) 
or 3542(b)(5)(B), disclosure of such person’s personally 
identifying information is authorized to the following per-
sons or organizations when disclosure would be for the fol-
lowing reasons: 
‘‘(1) To National Oceanic and Atmospheric Ad-
ministration staff or law enforcement personnel, 
when authorized by the survivor in writing. 
‘‘(2) To National Oceanic and Atmospheric Ad-
ministration staff or law enforcement personnel to 
prevent or lessen a serious or imminent threat to the 
health or safety of the survivor or another person. 
‘‘(3) To a victim advocate or healthcare pro-
vider, when required for the provision of victim serv-
ices. 
‘‘(4) To a State or Federal court, when ordered 
by such court or if disclosure is required by Federal 
or State statute. 
‘‘(b) NOTICE OF DISCLOSURE AND PRIVACY PROTEC-
TION.—In any case in which information is disclosed 
under subsection (a), the Secretary shall— 
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115 
‘‘(1) make reasonable attempts to provide no-
tice to the employee, member, or individual whose 
personally identifying information is disclosed; and 
‘‘(2) take such action as is necessary to protect 
the privacy and safety of the employee, member, or 
individual. 
‘‘SEC. 3549. RESTRICTED REPORTING. 
‘‘(a) IN GENERAL.—Not later than 3 years after the 
date of enactment of this section, the Secretary of Com-
merce, acting through the Under Secretary for Oceans and 
Atmosphere, shall develop a mechanism to provide a sys-
tem of restricted reporting. 
‘‘(b) RESTRICTED REPORTING DEFINED.—In this 
section the term ‘restricted reporting’ means a system of 
reporting that allows employees of the National Oceanic 
and Atmospheric Administration, members of the Com-
missioned Officer Corps of the Administration, and indi-
viduals who work with or conduct business on behalf of 
the Administration who are sexually assaulted to confiden-
tially disclose the details of such person’s assault to speci-
fied individuals and receive the services outlined in this 
subtitle title— 
‘‘(1) 
without 
the 
dissemination 
of 
such 
persons’s personally identifying information except 
as necessary for the provision of such services; and 
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116 
‘‘(2) without automatically triggering an inves-
tigative process. 
‘‘SEC. 3550. MARINER REFERRAL. 
‘‘The Under Secretary of Commerce for Oceans and 
Atmosphere, acting through the Director of the Office of 
Marine and Aviation Operations and in consultation with 
the Commandant of the Coast Guard, shall, not later than 
180 days after the date of the enactment of this section, 
develop and implement a policy to report to the Coast 
Guard Suspension and Revocation National Center of Ex-
pertise, the names of personnel of the National Oceanic 
and Atmospheric Administration who— 
‘‘(1) are the subject of a claim of an act or of-
fense detrimental to good discipline and safety at 
sea, such as sexual harassment or sexual assault 
that is substantiated by an investigation under sec-
tion 3546, or any other substantiated claim of an 
act or offense for which suspension or revocation of 
a credential is either mandatory or sought pursuant 
to part 5 of title 46 of the Code of Federal Regula-
tions; and 
‘‘(2) are— 
‘‘(A) employees or contractors of the Ad-
ministration required to hold a valid merchant 
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117 
mariner credential as a condition of employ-
ment; or 
‘‘(B) crew of a vessel that, at the time of 
such act or offence, was operating under a con-
tract with the Administration.’’. 
(e) CONFORMING AND CLERICAL AMENDMENTS.— 
(1) CONFORMING AMENDMENTS.—Subtitle C of 
title XXXV of such Act (33 U.S.C. 894 et seq.) is 
amended— 
(A) by striking the term ‘‘victims’’ each 
place it appears and inserting ‘‘survivors’’; 
(B) in section 3541(b)(2)(B), by striking 
‘‘victim’’ and inserting ‘‘target of sexual harass-
ment’’; 
(C) in section 3542(c)(5)(A), by striking 
‘‘victim of’’ and inserting ‘‘survivor of’’; 
(D) in section 3543— 
(i) in the heading, by striking ‘‘VIC-
TIM’’ and inserting ‘‘SURVIVOR’’; and 
(ii) by striking ‘‘victim’’ and inserting 
‘‘survivor’’; and 
(E) in section 3544— 
(i) in subsection (a)— 
(I) by striking ‘‘VICTIMS’’ and in-
serting ‘‘SURVIVORS’’; and 
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118 
(II) in paragraph (1), by striking 
‘‘was’’ each place such term appears 
and inserting ‘‘is’’; and 
(ii) by striking ‘‘victim’’ each place 
such term appears and inserting ‘‘sur-
vivor’’. 
(2) CLERICAL AMENDMENT.—Each of the ta-
bles of contents in section 2(b) and at the beginning 
of title XXXV of such Act is amended— 
(A) by striking the item relating to section 
3543 and inserting the following: 
‘‘Sec. 3543. Rights of the survivor of a sexual assault.’’; 
and 
(B) by striking the items relating to sec-
tions 3548 and 3549 and inserting the fol-
lowing: 
‘‘Sec. 3548. Exceptions regarding anonymity of survivors in certain cases. 
‘‘Sec. 3549. Restricted reporting. 
‘‘Sec. 3550. Mariner referral. 
‘‘Sec. 3551. Annual report on sexual assaults, sexual harassment, and equal 
employment in the National Oceanic and Atmospheric Adminis-
tration. 
‘‘Sec. 3552. Sexual assault defined.’’. 
(f) PROHIBITED ACTS.—Section 307(1)(L) of the 
Magnuson-Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1857(1)(L)) is amended— 
(1) by striking ‘‘forcibly’’; and 
(2) by striking ‘‘on a vessel’’. 
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119 
(g) PROHIBITION ON SERVICE IN THE NATIONAL 
OCEANIC AND ATMOSPHERIC ADMINISTRATION COMMIS-
SIONED OFFICER CORPS BY INDIVIDUALS CONVICTED OF 
CERTAIN SEXUAL OFFENSES.—Section 261(a) of the Na-
tional Oceanic and Atmospheric Administration Commis-
sioned Officer Corps Act of 2002 (33 U.S.C. 3071(a)) is 
amended— 
(1) by redesignating paragraphs (4) through 
(16) as paragraphs (5) through (17), respectively; 
and 
(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) Section 657, relating to prohibition on 
service by individuals convicted of certain sexual of-
fenses.’’. 
SEC. 308. SALTONSTALL-KENNEDY ACT REFORM. 
(a) ESTABLISHMENT.—Section 2 of the Act of Au-
gust 11, 1939 (15 U.S.C. 713c–3), is amended— 
(1) by redesignating subsection (e) as sub-
section (f); and 
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) 
AMERICAN
FISHERIES
ADVISORY
COM-
MITTEE.— 
‘‘(1) DEFINITIONS.—In this subsection: 
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‘‘(A) COMMITTEE.—The term ‘Committee’ 
means the American Fisheries Advisory Com-
mittee established under paragraph (2). 
‘‘(B) FISHING
COMMUNITY.—The term 
‘fishing community’ means harvesters, market-
ers, growers, processors, recreational fishermen, 
charter fishermen, and persons providing goods 
and services to such persons. 
‘‘(C) MARKETING AND PROMOTION.—The 
term ‘marketing and promotion’ means an ac-
tivity aimed at encouraging the consumption of 
seafood or expanding or maintaining commer-
cial markets for seafood. 
‘‘(D) PROCESSOR.—The term ‘processor’ 
means any person in the business of preparing 
or packaging seafood (including seafood of the 
processor’s own harvesting) for sale. 
‘‘(E) 
SEAFOOD.—The 
term 
‘seafood’ 
means farm-raised and wild-caught fish, shell-
fish, or marine algae harvested in the United 
States or by a United States flagged vessel for 
human consumption. 
‘‘(2) ESTABLISHMENT.—Not later than 90 days 
after the date of enactment of the Sustaining Amer-
ica’s Fisheries for the Future Act of 2021, the Sec-
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retary shall establish the American Fisheries Advi-
sory Committee. Such Committee shall use the fol-
lowing division of regions for organizational pur-
poses: 
‘‘(A) Region 1 shall consist of Alaska, Ha-
waii, the Commonwealth of the Northern Mar-
iana Islands, and the Territories of Guam and 
American Samoa. 
‘‘(B) Region 2 shall consist of Maine, New 
Hampshire, Massachusetts, Rhode Island, and 
Connecticut. 
‘‘(C) Region 3 shall consist of Texas, Ala-
bama, Louisiana, Mississippi, Florida, Arkan-
sas, Puerto Rico, and the Territory of the Vir-
gin Islands of the United States. 
‘‘(D) Region 4 shall consist of California, 
Washington, Oregon, and Idaho. 
‘‘(E) Region 5 shall consist of New Jersey, 
New York, Delaware, Maryland, Virginia, 
North Carolina, South Carolina, and Georgia. 
‘‘(F) Region 6 shall consist of Michigan, 
Minnesota, Wisconsin, Illinois, Indiana, Ohio, 
and Pennsylvania. 
‘‘(3) MEMBERSHIP.—The Committee shall be 
composed of the following members: 
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‘‘(A) REGIONAL
REPRESENTATION.—The 
Secretary shall appoint 3 members to the Com-
mittee from each of the regions described in 
paragraph (2)— 
‘‘(i) who reside in a State or territory 
in the region that the member will rep-
resent; 
‘‘(ii) of which— 
‘‘(I) one shall have experience as 
a seafood harvester or processor; 
‘‘(II) one shall have experience as 
recreational or commercial fisher or 
have experience growing seafood; and 
‘‘(III) one shall be an individual 
who represents the fisheries science 
community or the relevant Regional 
Fishery Management Council; and 
‘‘(iii) that are selected so that the 
members of the Committee have experience 
or expertise with as many seafood species 
as practicable. 
‘‘(B) AT-LARGE MEMBERS.—The Secretary 
shall appoint to the Committee at-large mem-
bers as follows: 
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‘‘(i) One individual with experience in 
food distribution, marketing, retail, or food 
service. 
‘‘(ii) One individual with experience in 
the recreational fishing industry supply 
chain, such as fishermen, manufacturers, 
retailers, and distributors. 
‘‘(iii) One individual with experience 
in the commercial fishing industry supply 
chain, such as fishermen, manufacturers, 
retailers, and distributors. 
‘‘(iv) One individual who is an em-
ployee of the National Marine Fisheries 
Service with expertise in fisheries research. 
‘‘(C) BALANCED
REPRESENTATION.—In 
selecting the members described in subpara-
graphs (A) and (B), the Secretary shall seek to 
maximize on the Committee, to the extent prac-
ticable, a balanced representation of expertise 
in United States fisheries, seafood production, 
and science. 
‘‘(4) MEMBER TERMS.—The term for a member 
of the Committee shall be 3 years, except that the 
Secretary shall designate staggered terms for the 
members initially appointed to the Committee. 
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‘‘(5) RESPONSIBILITIES.—The Committee shall 
be responsible for— 
‘‘(A) identifying needs of the fishing com-
munity that may be addressed by a project 
funded with a grant under subsection (c); 
‘‘(B) developing the request for proposals 
for such grants; 
‘‘(C) 
reviewing 
applications 
for 
such 
grants; and 
‘‘(D) selecting applications for approval 
under subsection (c)(2)(B). 
‘‘(6) CHAIR.—The Committee shall elect a chair 
by a majority of those voting, if a quorum is 
present. 
‘‘(7) QUORUM.—A simple majority of members 
of the Committee shall constitute a quorum, but a 
lesser number may hold hearings. 
‘‘(8) MEETINGS.— 
‘‘(A) FREQUENCY.—The Committee shall 
meet not more than 2 times each year. 
‘‘(B) LOCATION.—The meetings of the 
Committee shall rotate between the geographic 
regions described under paragraph (2). 
‘‘(C) MINIMIZING COSTS.—The Committee 
shall seek to minimize the operational costs as-
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sociated with meetings, hearings, or other busi-
ness of the Committee, including through the 
use of video or teleconference. 
‘‘(9) DESIGNATION OF STAFF MEMBER.—The 
Secretary shall designate a staff member to coordi-
nate the activities of the Committee and to assist 
with administrative and other functions as requested 
by the Committee. 
‘‘(10) PER DIEM AND EXPENSES AND FUND-
ING.— 
‘‘(A) IN
GENERAL.—A member of the 
Committee shall serve without compensation, 
but shall be reimbursed in accordance with sec-
tion 5703 of title 5, United States Code, for 
reasonable travel costs and expenses incurred in 
performing duties as a member of the Com-
mittee. 
‘‘(B) FUNDING.—The costs of reimburse-
ments under subparagraph (A) and the other 
costs associated with the Committee shall be 
paid from funds made available to carry out 
this section (which may include funds described 
in subsection (f)(1)(B)), except that no funds 
allocated for grants under subsection (f)(1)(A) 
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shall be expended for any purpose under this 
subsection. 
‘‘(11) CONFLICT OF INTEREST.—The conflict of 
interest and recusal provisions set out in section 
302(j) of the Magnuson-Stevens Fishery Conserva-
tion and Management Act shall apply to any deci-
sion by the Committee and to all members of the 
Committee as if each member of the Committee is 
an affected individual within the meaning of such 
section 302(j), except that in addition to the disclo-
sure requirements of section 302(j)(2)(C) of such 
Act, each member of the Committee shall disclose 
any financial interest or relationship in an organiza-
tion or with an individual that is applying for a 
grant under subsection (c) held by the member of 
the Committee, including an interest as an officer, 
director, trustee, partner, employee, contractor, 
agent, or other representative. 
‘‘(12) TECHNICAL REVIEW OF APPLICATIONS.— 
‘‘(A) IN GENERAL.—Prior to review of an 
application for a grant under subsection (c) by 
the Committee, the Secretary shall obtain an 
independent written technical evaluation from 3 
or more appropriate Federal, private, or public 
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sector experts (such as industry, academia, or 
governmental experts) who— 
‘‘(i) have subject matter expertise to 
determine the technical merit of the pro-
posal in the application; 
‘‘(ii) shall independently evaluate each 
such proposal; and 
‘‘(iii) shall certify that the expert does 
not have a conflict of interest concerning 
the application that the expert is review-
ing. 
‘‘(B) GUIDANCE.—Not later than 180 days 
after the date of enactment of the Sustaining 
America’s Fisheries for the Future Act of 2021, 
the Secretary shall issue guidance related to 
carrying out the technical evaluations under 
subparagraph (A). Such guidance shall include 
criteria for the elimination by the National Oce-
anic and Atmospheric Administration of appli-
cations that fail to meet a minimum level of 
technical merit as determined by the review de-
scribed in subparagraph (A).’’. 
(b) ROLE
IN
APPROVAL
OF
GRANTS.—Section 
2(c)(3) of the Act of August 11, 1939 (15 U.S.C. 713c– 
3(c)(3)), is amended to read as follows: 
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‘‘(3)(A) No application for a grant under this sub-
section may be approved unless the Secretary— 
‘‘(i) is satisfied that the applicant has the req-
uisite technical and financial capability to carry out 
the project; and 
‘‘(ii) based on the recommendations of the 
American Fisheries Advisory Committee established 
in subsection (e), evaluates the proposed project as 
to— 
‘‘(I) soundness of design; 
‘‘(II) the possibilities of securing produc-
tive results; 
‘‘(III) minimization of duplication with 
other 
fisheries 
research 
and 
development 
projects; 
‘‘(IV) the organization and management of 
the project; 
‘‘(V) methods proposed for monitoring and 
evaluating the success or failure of the project; 
and 
‘‘(VI) such other criteria as the Secretary 
may require. 
‘‘(B) If the Secretary fails to provide funds to a grant 
selected by the American Fisheries Advisory Committee, 
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the Secretary shall provide a written document to the 
Committee justifying the decision.’’. 
(c) PUBLIC AVAILABILITY OF GRANTS PROPOSALS.— 
Section 2(c) of the Act of August 11, 1939 (15 U.S.C. 
713c–3(c)), is amended by adding at the end the following: 
‘‘(6) Any person awarded a grant under this 
subsection shall make publicly available a title and 
abstract of the project to be carried out by the grant 
funds that serves as the public justification for fund-
ing the project that includes a statement describing 
how the project serves to enhance United States 
fisheries, including harvesting, processing, mar-
keting, and associated infrastructures, if applica-
ble.’’. 
(d) FUNDING FROM CUSTOMS RECEIPTS ON FISH-
ERY PRODUCTS.—Section 2 of the Act of August 11, 1939 
(15 U.S.C. 713c–3(b)), is amended— 
(1) by amending subsection (b) to read as fol-
lows: 
‘‘(b) TRANSFER OF FUNDS.—The Secretary of Agri-
culture shall transfer to the Secretary each fiscal year, 
from funds made available to carry out section 32 of the 
Act of August 24, 1935, an amount equal to 30 percent 
of the gross receipts from duties collected under the cus-
toms laws on fishery products (including fish, shellfish, 
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mollusks, crustaceans, aquatic plants and animals, and 
any products thereof, including processed and manufac-
tured products), which shall be used only for the purposes 
described in subsection (c).’’; and 
(2) by amending subsection (c)(1) to read as 
follows: 
‘‘(1) The Secretary shall make grants from the 
fund made available under subsection (b) to— 
‘‘(A) assist persons in carrying out re-
search and development projects addressed to 
any aspect of United States fisheries, including 
fisheries science, recreational fishing, har-
vesting, processing, marketing, and associated 
infrastructures; or 
‘‘(B) assist persons to market and promote 
the consumption of— 
‘‘(i) local or domestic fishery products; 
‘‘(ii) 
environmentally 
and 
climate 
friendly fishery products; or 
‘‘(iii) well-managed but less known 
species.’’. 
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TITLE IV—MODERNIZING 
FISHERIES SCIENCE AND DATA 
SEC. 401. DATA MODERNIZATION. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary, acting 
through the Assistant Administrator for Fisheries, shall 
provide to Congress an implementation plan for the Fish-
eries Information Management Modernization initiative. 
Such plan shall include a description of— 
(1) activities for the goals and objectives of the 
initiative; 
(2) a schedule for implementation; 
(3) an estimated budget; 
(4) a plan for stakeholder engagement for de-
velopment of user-centric systems, processes, and 
policies; and 
(5) how the initiative will align with other Na-
tional Oceanic and Atmospheric Administration data 
management efforts to provide for efficiency and 
interoperability 
including 
such 
Administration’s 
Data Strategy, Cloud Strategy, and Artificial Intel-
ligence strategy. 
(b) ASSISTANCE FROM EXPERTS.—The Secretary 
shall seek assistance from data management and tech-
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nology experts inside and outside the government in car-
rying out this section. 
(c) REPORT.—The Secretary shall annually report to 
Congress on progress in carrying out this section. 
SEC. 402. EXPANDING AND IMPROVING ELECTRONIC TECH-
NOLOGIES. 
(a) SENSE OF CONGRESS.— It is the sense of Con-
gress that the use of electronic technologies such as digital 
video cameras and monitors, digital recording systems, 
and other forms of electronic technology as a complement 
to, and in some cases a replacement for, observers may 
maintain, increase, or improve the amount and accuracy 
of observer and fishery dependent information collected 
from fisheries while reducing costs and logistical difficul-
ties. To achieve optimum yields while maintaining sustain-
able fisheries and healthy ecosystems, managers require 
timely, accurate, and comprehensive stock assessment and 
catch accounting across all regions and fishing sectors. To 
achieve management goals especially in the context of cli-
mate change, the National Oceanic and Atmospheric Ad-
ministration should work to meet evolving management 
needs and, in collaboration with industry stakeholders, 
identify appropriate data collection technologies and strat-
egies. The National Oceanic and Atmospheric Administra-
tion should also consider the use of innovative technology 
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in fishery independent data collection including stock and 
habitat assessments and environmental conditions. 
(b) FISHERY
MANAGEMENT
COUNCILS.—Section 
303(b)(8) is amended to read as follows: 
‘‘(8) require the collection of data necessary for 
the conservation and management of the fishery to 
be collected from a vessel of the United States en-
gaged in fishing for species that are subject to the 
plan while that vessel is at-sea through— 
‘‘(A) electronic monitoring or other elec-
tronic technology; or 
‘‘(B) on-board observation, except that 
such a vessel shall not be required to carry an 
observer on board if the facilities of the vessel 
for the quartering of an observer, or for car-
rying out observer functions, are so inadequate 
or unsafe that the health or safety of the ob-
server or the safe operation of the vessel would 
be jeopardized;’’. 
(c) INFORMATION SYSTEMS.—Section 402(a) (16 
U.S.C. 1881a(a)) is amended— 
(1) in paragraph (1), by inserting ‘‘The Council 
shall consider the use of electronic monitoring and 
reporting or other electronic technology as part of an 
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information collection program under this sub-
section.’’ after ‘‘request.’’; 
(2) in paragraph (2), by inserting ‘‘The Sec-
retary shall consider the use of electronic monitoring 
and reporting or other electronic technology as part 
of an information collection program.’’ after ‘‘fish-
ery.’’; and 
(3) by adding at the end the following: 
‘‘(3) SECRETARIAL
REVIEW.—Not less often 
than once every 5 years, the Secretary shall review 
the procedures and policies by which information is 
collected, managed, and used to manage fisheries 
and revise information collection programs and poli-
cies needed to integrate data collection and manage-
ment, improve the timeliness, quality, usability, cost- 
effectiveness, and to reduce unnecessary duplication 
within and across fishery management plans and re-
gions. Upon the completion of each such review, the 
Secretary shall publish a report for the public de-
scribing the findings of such review and planned re-
visions to information collection programs.’’. 
(d) ASSESSMENT OF ELECTRONIC TECHNOLOGIES IN 
FISHERIES MANAGEMENT.— 
(1) IN GENERAL.—The Comptroller General of 
the United States shall, in consultation with the rel-
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evant committees of Congress, conduct a review of 
the capabilities of the National Marine Fisheries 
Service with respect to developing, deploying, and 
using electronic monitoring and data collection tools 
to monitor fisheries and shall make recommenda-
tions to improve such capabilities, taking into con-
sideration cost and efficiency. 
(2) REPORT.—The Comptroller General shall 
submit to Congress a report describing the results of 
the review required by paragraph (1) and the rec-
ommendations made pursuant to such review not 
later than 18 months after the date of enactment of 
this Act. 
(e) 
ELECTRONIC
TECHNOLOGIES
INNOVATION 
PRIZE.—The Administrator, in consultation with the Sec-
retary of Defense and the heads of other relevant Federal 
agencies, and in conjunction with such nongovernmental 
partners as the Administrator determines appropriate, 
shall establish at least 1 electronic technologies innovation 
prize to catalyze the rapid development and deployment 
of electronic technology-based data collection to be used 
in fisheries management. Such prize shall focus on one 
or more of the following: 
(1) Improved fish species recognition software. 
(2) Confidential data management. 
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(3) Cost-effective storage of electronic reports, 
imagery, location information, and other data. 
(4) Data analysis and visualization. 
(5) Artificial intelligence and machine learning 
applications for data collection and monitoring. 
(6) Battery storage and energy supply storage 
at sea. 
(7) Improved internet connectivity onshore and 
at sea in support of data uploads. 
(8) Bycatch hotspot mapping and adaptive use 
of protected areas. 
(9) Such other area as the Administrator deter-
mines appropriate. 
(f) ADVISORY
PANEL
FOR
ELECTRONIC
TECH-
NOLOGIES DEVELOPMENT AND DEPLOYMENT.— 
(1) ESTABLISHMENT.—The Secretary shall es-
tablish an advisory panel (referred to in this sub-
section as the ‘‘Advisory Panel’’) to inform the Ad-
ministrator, the Assistant Administrator for Fish-
eries, and the Regional Fishery Management Coun-
cils on developments in the advancement of elec-
tronic technologies that can be used in fisheries 
monitoring, data collection, and management. 
(2) APPOINTMENTS.—In appointing individuals 
to the Advisory Panel, the Secretary shall appoint at 
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least 2 members who are electronic technology devel-
opers, operators, or providers. 
(3) SUMMARIES.—The Secretary shall publish, 
on an annual basis, summaries of Advisory Panel 
discussions, including a summary of best practices 
and technical guidance to support Regional Fishery 
Management Councils. 
(4) RECOMMENDATIONS.—Not later than 1 
year after the date of enactment of this Act, the Ad-
visory Panel shall make a recommendation to the 
Secretary regarding the potential value of national 
performance standards for electronic technologies 
used in fisheries data collection and management. 
Such recommendation shall include— 
(A) an assessment of how the National 
Marine Fisheries Service and electronic tech-
nology developers, operators, and providers 
could benefit from such performance standards; 
(B) if the Advisory Panel recommends es-
tablishing such performance standards, a rec-
ommendation for which factors should be in-
cluded in such performance standards and how 
the Secretary should determine the appropriate 
standards; 
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(5) SAVINGS
CLAUSE.—Nothing in this sub-
section shall preclude any regional council from inde-
pendently developing electronic technologies to be 
used in fisheries data collection and management. 
SEC. 403. STOCK ASSESSMENTS. 
Not later than 1 year after the date of enactment 
of this Act, and annually thereafter, the Secretary shall 
report to the Committee on Natural Resources of the 
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate, on the 
National 
Marine 
Fisheries 
Service’s 
progress 
on 
prioritizing and improving stock assessments. Such report 
shall— 
(1) summarize the methods used for assess-
ments for all stocks of fish for which a fishery man-
agement plan is in effect under the Magnuson-Ste-
vens Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.), and explain which stocks have 
not been assessed, and why; 
(2) summarize each stock assessment and stock 
assessment update completed during the preceding 
year; 
(3) identify each stock assessment that was not 
completed and explain why such stock assessment 
was not completed; 
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(4) include the schedule for all upcoming stock 
assessments and stock assessment updates; 
(5) identify data and analysis, that, if available, 
would reduce uncertainty in and improve the accu-
racy of future stock assessments, including whether 
such data and analysis could be provided by fisher-
men, fishing communities, universities, and research 
institutions; 
(6) summarize progress on autonomous surveys 
and identify opportunities to expand new tech-
nologies for stock assessments; and 
(7) summarize data gaps that may be a result 
of changing ocean and climate conditions, and ac-
tions taken to address changing assessment needs. 
SEC. 404. COOPERATIVE RESEARCH AND MANAGEMENT. 
(a) IN GENERAL.—Section 318 (16 U.S.C. 1867) is 
amended— 
(1) in subsection (a), by inserting ‘‘fishing com-
munities,’’ after ‘‘data),’’; 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) ELIGIBLE
PROJECTS.—The Secretary shall 
make funds available under the program for the support 
of cooperative research and management projects to ad-
dress critical needs identified by the Councils. Each Coun-
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cil shall provide a list of such needs to the Secretary on 
an annual basis, identifying and prioritizing such needs. 
The program shall promote and encourage efforts to use 
sources of data maintained by other Federal agencies, 
State agencies, local and traditional knowledge, or aca-
demia for use in such projects.’’; 
(3) by amending subsection (c) to read as fol-
lows:— 
‘‘(c) PRIORITIES.—In making funds available the 
Secretary shall award funding on a competitive basis and 
based on regional fishery management needs, select pro-
grams that form part of a coherent program of cooperative 
research or management projects focused on addressing 
priority issues identified by the Councils, and shall give 
priority to the following projects: 
‘‘(1) Projects to collect data to improve, supple-
ment, or enhance stock assessments, including the 
use of fishing vessels or acoustic or other marine 
technology. 
‘‘(2) Projects to improve fishery dependent data 
collection, intake, use, and access including— 
‘‘(A) to assess the amount and type of by-
catch or post-release mortality occurring in a 
fishery; 
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‘‘(B) expanding the use of electronic tech-
nology and modernizing data management sys-
tems; and 
‘‘(C) 
improving 
monitoring 
coverage 
through the expanded use of electronic tech-
nology. 
‘‘(3) Conservation engineering or management 
projects designed to reduce bycatch, including avoid-
ance of post-release mortality, reduction of bycatch 
in high seas fisheries, and transfer of such fishing 
technologies and methods to other nations, or other 
regional entities, including fishing communities, re-
gional fishery associations, and fishing sectors. 
‘‘(4) Projects for the identification of habitat 
areas of particular concern and for habitat conserva-
tion. 
‘‘(5) Projects designed to collect and compile 
economic and social data for which electronic tech-
nologies can be added. 
‘‘(6) Projects to test and expand electronic 
technologies for monitoring, reporting, observer cov-
erage, and other functions. 
‘‘(7) Projects that use electronic technologies to 
monitor changing ocean conditions, improve meth-
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ods, support adaptive management, and ensure cli-
mate resilient fisheries. 
‘‘(8) Projects designed to identify the impacts 
of anticipated changing ocean conditions, including 
climate change, on fish stocks, fisheries, and fishing 
communities or designed to develop conservation and 
management strategies to adapt to those impacts. 
‘‘(9) Cooperative management projects that 
make use of data collected under this section.’’; 
(4) by redesignating subsections (e) and (f) as 
subsections (f) and (g), respectively; 
(5) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) COOPERATIVE MANAGEMENT AGREEMENTS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary, in 
consultation with the Councils and with input from 
the public, shall issue guidance to facilitate a trans-
parent, timely, uniform, and regionally based process 
for the development, oversight, and management of 
cooperative management agreements. 
‘‘(2) PROCESS FOR APPROVAL.—The Secretary 
may use the process developed pursuant to (d) to 
approve cooperative management agreements as if 
such agreements are cooperative fishing agreements. 
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‘‘(3) PERFORMANCE
STANDARDS.—An agree-
ment authorized by this subsection shall be subject 
to performance standards and accountability meas-
ures specified in a fishery management plan or oth-
erwise established by the Secretary, in consultation 
with the Councils, and shall not allow catch in excess 
of annual catch limits or bycatch in excess of by-
catch caps or limits. 
‘‘(4) PRE-EXISTING
AGREEMENTS.—This sub-
section shall not apply to a cooperative management 
agreement submitted to, proposed by or approved by 
the Secretary before the date of enactment of this 
Act.’’; and 
(6) by adding at the end the following: 
‘‘(g) PUBLIC REPORT OF DATA.—With respect to 
any cooperative research project funded or experimental 
fishing permit issued under this section, the appropriate 
Council shall publish a report of results and data gen-
erated by such project or under such permit. 
‘‘(h) PROGRESS REPORT.—Not later than 180 days 
after the date of enactment of this Act, the Assistant Ad-
ministrator for Fisheries shall provide a report to Con-
gress on progress in implementing the recommendations 
of the Cooperative Research and Cooperative Management 
Working Group report entitled ‘NOAA Technical Memo-
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randum NMFS–F/SPO–156’ and published in August 
2015 and on the development and implementation of any 
subsequent recommendations by such Working Group.’’. 
(b) Section 2(a)(8) is amended by inserting ‘‘Fish-
eries management is most effective when it uses the best 
scientific information available, and incorporates such in-
formation from governmental and nongovernmental 
sources, including State and Federal agency staff, fisher-
men, fishing communities, universities, nonprofit organi-
zations, local and traditional knowledge from Tribes, In-
digenous communities, and subsistence fishermen, and re-
search institutions. Scientific and statistical committees 
should consider such information when seeking the best 
scientific information available to form the basis of con-
servation and management.’’ after ‘‘States’’. 
SEC. 405. NORTHEAST REGIONAL PILOT RESEARCH TRAWL 
SURVEY AND STUDY. 
(a) INDUSTRY-BASED PILOT STUDY.—Not later than 
1 year after the date of enactment of this Act, the Sec-
retary shall, in coordination with the relevant Councils se-
lected by the Secretary and the Northeast Area Moni-
toring and Assessment Program, develop a fishing indus-
try-based Northeast regional pilot research trawl survey 
and study to enhance and provide improvement to current 
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National Oceanic and Atmospheric Administration vessel 
trawl surveys. 
(b) COMPONENTS.—Under the pilot survey and 
study— 
(1) the Secretary— 
(A) may select fishing industry vessels to 
participate in the study by issuing a request for 
procurement; 
(B) may use the Northeast Area Moni-
toring and Assessment Program Southern New 
England/Mid-Atlantic Nearshore Trawl Survey 
or another methodology selected in partnership 
with the National Marine Fisheries Service 
Northeast Fisheries Science Center and the Vir-
ginia Institute of Marine Science as a model for 
the pilot survey; 
(C) shall outfit participating vessels with a 
peer-reviewed net configuration; and 
(D) shall ensure the pilot study uses a sta-
tistically valid sampling method and spatial cov-
erage that allows for comparison with results 
from the National Oceanic and Atmospheric 
Administration trawl surveys; and 
(2) the National Marine Fisheries Service 
Northeast Fisheries Science Center shall, in partner-
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ship with the selected Councils and the Virginia In-
stitute of Marine Science, collect data for 5 years. 
(c) REPORT.—Upon completion of the pilot survey 
and study, the Secretary and the selected Councils shall 
submit a detailed report on the results of the pilot survey 
and study to the Committee on Natural Resources of the 
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate. 
SEC. 406. RECREATIONAL DATA CONSISTENCY. 
(a) IN GENERAL.—Section 305 (16 U.S.C. 1855) is 
amended by adding at the end the following: 
‘‘(l) RECREATIONAL
DATA
IMPROVEMENT.—Not 
later than 2 years after the date of enactment of the Sus-
taining America’s Fisheries for the Future Act of 2021, 
the Secretary shall establish guidelines for recreational 
catch data, which shall include the development of data 
standards to improve timeliness, accuracy, precision and 
validation of data produced by recreational surveys in 
order to facilitate the use of such data in assessments, 
for use in management actions, and for other uses as ap-
plicable. The Secretary’s guidelines shall consider the rel-
evant recommendations developed under section 404(e), 
subsections (g)(4)(C) and (h) of section 401, and section 
201(b) of the Modernizing Recreational Fisheries Manage-
ment Act of 2018 (16 U.S.C. 1881 note). If recreational 
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catch data for a stock of fish come from more than one 
survey program, such as Federal and non-Federal sources, 
including from States or Marine Fisheries Commissions, 
the Secretary shall implement measures, which may in-
clude the use of calibration methods, as needed for the 
timely integration of such data to ensure consistent meth-
ods and approaches are used for monitoring of catch 
against the relevant annual catch limits and for other fish-
ery science and management purposes.’’. 
(b) RECREATIONAL
DATA
IMPROVEMENT
PRO-
GRAM.—Title IV is amended by adding at the end the fol-
lowing: 
‘‘SEC. 409. RECREATIONAL DATA IMPROVEMENT PROGRAM. 
‘‘(a) IN GENERAL.—The Secretary shall initiate and 
maintain a comprehensive program to implement the re-
quirements and associated guidelines in section 305(l). In 
executing the program, the Secretary shall coordinate with 
programs established in subsection 401(g) and promote 
collaboration with State and Federal partners. 
‘‘(b) STRATEGIC PLAN.—Not later than one year 
after the date of enactment of the Sustaining America’s 
Fisheries for the Future Act of 2021, and not less fre-
quently than once every 5 years thereafter, the Secretary 
shall develop and publish in the Federal Register a stra-
tegic plan for recreational data improvements for the 5 
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years immediately following such publication. The plan 
shall— 
‘‘(1) improve coordination between Federal pro-
grams that implement recreational fishing surveys 
and other data from non-Federal sources, including 
data from States or Marine Fisheries Commissions; 
‘‘(2) improve the timeliness, accuracy, precision, 
and validation of data produced by surveys; 
‘‘(3) describe processes to calibrate data sources 
with historical time series data prior to being used 
for management; 
‘‘(4) develop methods to integrate recreational 
data collected from more than one source for use in 
assessments; 
‘‘(5) create goals, objectives, and timeframes for 
achievement of paragraphs (1) through (4); 
‘‘(6) consider the use and effectiveness of exper-
imental fishing permits to carry out such research; 
and 
‘‘(7) describe the role of fishery participants in 
the program. In developing the strategic plan and 
subsequent plans, the Secretary shall cooperate with 
the Councils and affected States, provide for coordi-
nation with the Councils, affected States, and other 
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research and data collection entities, and allow for 
public input. 
‘‘(c) AREAS OF RESEARCH.—In initiating and main-
taining the program, the Secretary shall prioritize re-
search and improvement in the following areas: 
‘‘(1) Development of data standards and valida-
tion processes for survey programs collecting data on 
recreational fishing catch and effort, including those 
produced by State agencies and considered integral 
or supplemental to Federal surveys. 
‘‘(2) Research to understand how surveys of 
recreational fishing can more effectively account for 
differences in fishing rate and effort, including 
among fishermen who use private or public access 
points, and fishermen who are State residents or 
non-residents. 
‘‘(3) Methods and policies to improve the esti-
mation of discards in recreational fisheries, including 
estimation of discarded fish both during and outside 
of fishing seasons. 
‘‘(4) To improve understanding of best prac-
tices for minimizing discard mortality as well as esti-
mation of adoption rates of such practices by fisher-
men. 
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‘‘(5) To assess changes in discard mortality es-
timates when best fishing practices are adequately 
and verifiably applied. 
‘‘(6) Research on how the use of electronic ap-
plications can be used to collect data in recreational 
fisheries, including spatial information, depth, dis-
card rate and disposition, release method, and socio-
economic information, while meeting data and vali-
dation standards. 
‘‘(7) Research on how electronic technologies 
can most effectively be incorporated into survey de-
signs. 
‘‘(8) Research of methods to integrate rec-
reational catch data from more than one survey 
source for use in assessments. 
‘‘(9) The use of approaches to improve rec-
reational data, including the use of tag and endorse-
ment measures to fund such data improvement, 
stock-wide regional effort surveys, and species-spe-
cific oversampling. 
‘‘(d) PUBLIC NOTICE.—In developing the plan re-
quired under subsection (b), the Secretary shall consult 
with relevant Federal, State, and international agencies, 
scientific and technical experts, and other interested per-
sons, public and private, and shall publish a proposed plan 
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in the Federal Register for the purpose of receiving public 
comment on the plan. Upon final publication in the Fed-
eral Register, the plan shall be submitted by the Secretary 
to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Natural Re-
sources of the House of Representatives.’’. 
SEC. 407. EMERGENCY OPERATING PLANS. 
(a) IN GENERAL.—The Administrator, not later than 
1 year after the date of enactment of this Act and in con-
sultation with the Fishery Management Councils, relevant 
Federal, State, and international agencies, scientific and 
technical experts, and interested stakeholders, shall de-
velop a contingency plan for circumstances that would 
make fisheries monitoring, including human observation, 
and stock assessments impractical. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Administrator shall submit 
a report to Congress on the contingency plan developed 
under subsection (a). 
SEC. 408. ZEKE GRADER FISHERIES CONSERVATION AND 
MANAGEMENT FUND. 
(a) IN GENERAL.—Section 208 of the Magnuson-Ste-
vens Fishery Conservation and Management Reauthoriza-
tion Act of 2006 (16 U.S.C. 1891b) is amended— 
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(1) in the section heading, by inserting ‘‘ZEKE 
GRADER’’ before ‘‘FISHERIES
CONSERVATION 
AND MANAGEMENT FUND’’; 
(2) in subsection (a), by inserting ‘‘Zeke Grad-
er’’ before ‘‘Fisheries Conservation and Management 
Fund’’; and 
(3) in subsection (c), by striking ‘‘Fishery Con-
servation and Management Fund’’ each place such 
term appears and inserting ‘‘Zeke Grader Fisheries 
Conservation and Management Fund’’. 
(b) ADAPTATION FOR CLIMATE CHANGE.—Section 
208(b) (16 U.S.C. 1891b(b)) is amended— 
(1) in paragraph (6), by striking ‘‘and’’; 
(2) in paragraph (7), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(8) conducting research and analysis to pre-
pare and adapt fisheries and fishing communities to 
the effects of climate change.’’. 
(c) 
ALLOCATION.—Section 
208(d) 
(16 
U.S.C. 
1891b(d)) is amended to read as follows: 
‘‘(d) ALLOCATION.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the Secretary shall, every 2 
years, apportion amounts from the Fund among the 
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may affect the habitat of a fishery resource 
under the authority of such Council; and 
‘‘(B) shall 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 
is likely to adversely affect the habitat of an 
anadromous fishery resource under the author-
ity of such Council. 
‘‘(4) INFORMATION FROM OTHER SOURCES.— 
‘‘(A) RECEIPT OF INFORMATION.—If the 
Secretary receives information from any source 
and determines that an action taken, funded, or 
authorized or proposed to be taken, funded, or 
authorized by a State or Federal agency may 
have an adverse effect on an essential fish habi-
tat identified under this Act, the Secretary shall 
recommend to such agency measures that avoid 
such adverse effects and to the extent the ad-
verse effects cannot be avoided, minimize and 
mitigate such adverse effects. 
‘‘(B) REQUIRED
RESPONSE.—Not later 
than 30 days after receiving a recommendation 
under subparagraph (A), a Federal, State, or 
local agency shall provide a detailed response in 
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writing to any Council comment under para-
graph (3) and the Secretary regarding the mat-
ter. The response shall include a description of 
measures proposed by the agency for avoiding 
the adverse effects, or to the extent the adverse 
effects cannot be avoided, mitigating the ad-
verse effects of the action on such essential fish 
habitat. In the case of a response that is incon-
sistent with the recommendations of the Sec-
retary, the Federal agency shall explain how the 
alternative measures proposed will avoid the ad-
verse effects of such action on essential fish 
habitat or, to the extent that adverse effects 
cannot be avoided, minimize and mitigate the 
adverse effects. 
‘‘(C) PUBLICATION.—The Secretary shall 
make available to the public— 
‘‘(i) any recommendation made under 
subparagraph (A) on the date on which 
such recommendation is made; and 
‘‘(ii) any response made by an agency 
under subparagraph (B) on the date on 
which such response is received. 
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