161 
‘‘(D) MONITORING.—The Secretary shall 
monitor measures taken by each Federal agency 
to meet the requirements of this subsection. 
‘‘(E) REPORT
TO
CONGRESS.—Not later 
than 5 years after the date of the enactment of 
the Sustaining America’s Fisheries for the Fu-
ture Act of 2021 and not less frequently than 
every 5 years thereafter, the Secretary shall 
submit a report— 
‘‘(i) describing the effectiveness of 
measures taken by the Secretary to ensure 
the conservation and enhancement of es-
sential fish habitat; and 
‘‘(ii) 
identifying 
opportunities 
for 
partnerships between the National Oceanic 
and Atmospheric Administration, in con-
sultation with other Federal agencies, 
State agencies, and non-Federal partners 
to enhance data collection, research, and 
monitoring of essential fish habitat.’’. 
(b) CONTENTS OF FISHERY MANAGEMENT PLANS.— 
Section 303(a)(7) (16 U.S.C. 1853(a)(7)) is amended to 
read as follows: 
‘‘(7) describe and identify— 
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‘‘(A) essential fish habitat for the fishery 
based on the guidelines established by the Sec-
retary under section 305(b)(1)(A), minimize ad-
verse effects on essential fish habitat caused by 
fishing, and identify other actions to encourage 
the conservation and enhancement of essential 
fish habitat; and 
‘‘(B) habitat areas of particular concern 
based on the guidelines established by the Sec-
retary under section 305(b)(1)(A), avoid ad-
verse effects on such habitat caused by fishing, 
monitor efficacy of actions to avoid adverse ef-
fects, and identify other actions to encourage 
the conservation and enhancement of such habi-
tat;’’. 
(c) 
PURPOSE.—Section 
2(b)(7) 
(16 
U.S.C. 
1801(b)(7)) is amended by striking ‘‘in the review of 
projects’’ and inserting ‘‘from adverse effects caused by 
fishing and from projects’’. 
(d) HABITAT AREAS OF PARTICULAR CONCERN.— 
Section 3 (16 U.S.C. 1802) is amended— 
(1) by redesignating paragraph (1) as para-
graph (1A); 
(2) by inserting before paragraph (1A), as re-
designated, the following: 
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‘‘(1) ADVERSE EFFECT.—The term ‘adverse ef-
fect’ means, with respect to essential fish habitat, 
any impact that reduces the quality or quantity of 
essential fish habitat.’’; and 
(3) by inserting after paragraph (19) the fol-
lowing: 
‘‘(19A) HABITAT AREAS OF PARTICULAR CON-
CERN.—The term ‘habitat areas of particular con-
cern’ means specific types or areas of habitat that 
are part of or within essential fish habitat that— 
‘‘(A) provide important ecological function, 
including for maintaining and restoring the bio-
mass, demographic, spatial and genetic charac-
teristics of fish populations; 
‘‘(B) are sensitive to human-induced envi-
ronmental degradation; 
‘‘(C) are or will be significantly stressed by 
human activities; 
‘‘(D) due to prevailing or anticipated fu-
ture environmental conditions, are or may be-
come important to the health of managed spe-
cies; or 
‘‘(E) are rare.’’. 
SEC. 503. REDUCING BYCATCH. 
(a) MINIMIZING BYCATCH.— 
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164 
(1) NATIONAL STANDARDS FOR FISHERY CON-
SERVATION AND MANAGEMENT.—Section 301(a)(9) 
(16 U.S.C. 1851(a)(9)) is amended to read as fol-
lows: 
‘‘(9) Conservation and management measures 
shall— 
‘‘(A) minimize bycatch; and 
‘‘(B) to the extent bycatch cannot be 
avoided, minimize the mortality of such by-
catch.’’. 
(2) CONTENTS
OF
FISHERY
MANAGEMENT 
PLANS.—Section 303 (16 U.S.C. 1853) is amend-
ed— 
(A) in subsection (a)— 
(i) in paragraph (5), by inserting 
‘‘quantification of bycatch,’’ after ‘‘hauls,’’; 
and 
(ii) in paragraph (11), by striking ‘‘to 
the extent practicable and’’; and 
(B) in subsection (b)— 
(i) in paragraph (12), by striking 
‘‘and’’ at the end; and 
(ii) by inserting after paragraph (12) 
the following: 
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‘‘(13) consider full retention requirements for 
species with high catch mortality rates; and’’. 
(3) ACTION BY THE SECRETARY.—Section 304 
(16 U.S.C. 1854) is amended— 
(A) by redesignating the second subsection 
(i) as subsection (j); and 
(B) by adding at the end the following: 
‘‘(k) STANDARDIZED BYCATCH REPORTING PRO-
GRAM.— 
‘‘(1) ESTABLISHMENT.—Not later than 2 years 
after the date of enactment of the Sustaining Amer-
ica’s Fisheries for the Future Act of 2021, the Sec-
retary shall establish a national standardized report-
ing program (referred to in this subsection as ‘the 
program’) to assess the amount and type of bycatch 
occurring in each fishery and across fisheries, deter-
mine the contribution of bycatch to the total fishing- 
related mortality of each fishery, and evaluate the 
effects of bycatch on relevant fisheries and the eco-
system. 
‘‘(2) METHODOLOGY
AND
STANDARDS.—The 
Secretary shall, acting through the program— 
‘‘(A) identify appropriate methodologies 
and standards for collecting and producing sta-
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166 
tistically accurate and precise information re-
garding bycatch; and 
‘‘(B) require consistent data reporting, col-
lection, and assessment for all fisheries man-
aged under fishery management plans. 
‘‘(3) MULTIPLE JURISDICTIONS.—In a case in 
which a species is caught in areas under the jurisdic-
tion of more than one Council or fishery manage-
ment plan, the Secretary shall require consistent re-
porting mechanisms across jurisdictions to ensure 
that data can be aggregated and compared. 
‘‘(4) COORDINATION WITH STATES.—The Sec-
retary shall coordinate with State fishery managers 
to carry out paragraph (3).’’. 
(b) BYCATCH
REDUCTION
ENGINEERING
PRO-
GRAM.— 
(1) IN GENERAL.—Section 316(a) (16 U.S.C. 
1865(a)) is amended by striking paragraphs (3) and 
(4) and inserting the following: 
‘‘(3) provide information, outreach, technical 
assistance, and training to Councils, Tribes, and 
fishery participants that will encourage adoption and 
use of technologies and methods developed under the 
program; and 
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167 
‘‘(4) provide for routine consultation with the 
Councils in order to maximize opportunities to incor-
porate results of the program in Council actions and 
provide incentives for adoption of technologies and 
methods developed under the program in fishery 
management plans, actions, and other measures de-
veloped by the Councils or the Secretary.’’. 
(2) FREQUENCY OF REPORT.—Section 316(d) 
(16 U.S.C. 1865(d)) is amended— 
(A) by striking ‘‘transmit an annual re-
port’’ and inserting ‘‘, not less frequently than 
once every 3 years, transmit a report’’; 
(B) in paragraph (2), by striking ‘‘and’’ at 
the end; 
(C) in paragraph (3), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(4) includes a cumulative description of all by-
catch reduction technologies and methods developed, 
tested, or supported by the Bycatch Reduction Engi-
neering Program, an assessment of the effectiveness 
of those techniques, a summary on how and in which 
fisheries those techniques have been fully imple-
mented and to what degree, and, if those techniques 
have not been implemented into fishery manage-
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168 
ment, an explanation for why those techniques have 
not been used and an estimate of the reduction of 
bycatch that could be achieved if those techniques 
were implemented.’’. 
SEC. 504. IMPROVING REBUILDING OUTCOMES. 
Section 304(e) (16 U.S.C. 1854(e)) is amended— 
(1) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) The Secretary shall report annually to the 
Congress and the Councils on the status of fisheries 
within each Council’s geographical area of authority. 
In this report, the Secretary shall do the following: 
‘‘(A) Identify those fisheries that are sub-
ject to overfishing, are depleted, or are ap-
proaching a condition of being depleted. For 
those fisheries managed under a fishery man-
agement plan or international agreement, the 
status shall be determined using the criteria for 
overfishing and depleted status specified in such 
plan or agreement. For stocks that lack criteria 
as required under Sec 303(a)(10), the Secretary 
shall determine whether the stock is depleted or 
subject to overfishing using the best available 
scientific information. A fishery shall be classi-
fied as approaching a condition of being de-
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169 
pleted if, based on trends in fishing effort, fish-
ery resource size, and other appropriate factors, 
the Secretary estimates that the fishery will be-
come depleted within 2 years. 
‘‘(B) Identify those stocks that are under 
a rebuilding plan or in need of a rebuilding plan 
(as specified by this section), including speci-
fying the number of years the stock has been in 
a rebuilding plan, the length in years of the 
stock’s current rebuilding plan, the number of 
rebuilding plans that have been implemented 
for the stock, and whether a lack of adequate 
progress toward ending overfishing and rebuild-
ing has been found for the stock.’’; 
(2) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) If the Secretary determines at any time 
that a fishery is subject to overfishing, is depleted, 
or is approaching a depleted status, the Secretary 
shall immediately notify the appropriate Council and 
request that action be taken— 
‘‘(A) to end overfishing in the fishery im-
mediately and prevent overfishing in the fish-
ery; 
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‘‘(B) for stocks that are depleted, to end 
overfishing immediately in the fishery and to 
implement conservation and management meas-
ures to rebuild affected stocks of fish; or 
‘‘(C) for stocks that are approaching a de-
pleted condition, to end overfishing in the fish-
ery immediately and prevent the stock from 
reaching a depleted condition. 
The Secretary shall publish each notice under this 
paragraph in the Federal Register.’’; 
(3) by amending paragraph (3) to read as fol-
lows: 
‘‘(3) Not later than 2 years after the date on 
which a fishery is newly identified as or determined 
to be depleted or approaching a depleted condition 
under paragraph (1)(A) or paragraph (2), a fish-
ery’s rebuilding plan has been found to have failed 
under paragraph (7)(C), or a fishery reaches the end 
of the time period for rebuilding pursuant to para-
graph (8), the appropriate Council (or the Secretary, 
for fisheries under section 302(a)(3)) shall prepare 
and implement a fishery management plan, plan 
amendment, or proposed regulations for the fishery 
to which the identification or notice applies— 
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‘‘(A) for stocks that are depleted, to end 
overfishing immediately in the fishery and to 
rebuild affected stocks of fish; or 
‘‘(B) for stocks that are approaching a de-
pleted condition, to end overfishing immediately 
and prevent the stock from reaching a depleted 
condition.’’; 
(4) in paragraph (4)— 
(A) by amending subparagraph (A)(ii) to 
read as follows: 
‘‘(ii) not exceed the time the stock of 
fish would be rebuilt without fishing occur-
ring plus one mean generation, unless 
management measures under an inter-
national agreement in which the United 
States participates dictate otherwise;’’; 
(B) in subparagraph (B), by striking 
‘‘and’’ at the end; 
(C) in subparagraph (C), by striking the 
period at the end and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(D) contain objective and measurable cri-
teria for evaluating rebuilding progress.’’; 
(5) by amending paragraph (5) to read as fol-
lows: 
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‘‘(5) If, during the 2-year period beginning on 
the date of identification or notification, the Council 
does not submit to the Secretary a fishery manage-
ment plan, plan amendment, or proposed regulations 
required by paragraph (3), the Secretary shall pre-
pare under subsection (c) not later than 6 months 
after the end of such 2-year period, a fishery man-
agement plan or plan amendment and any accom-
panying regulations to, for stocks that are depleted, 
end overfishing immediately and rebuild affected 
stocks of fish, or, for stocks that are approaching an 
depleted condition, to end overfishing immediately 
and prevent the stock from reaching an depleted 
condition.’’; 
(6) by amending paragraph (7) to read as fol-
lows: 
‘‘(7)(A) The Secretary shall review any fishery 
management plan, plan amendment, or regulations 
required by this subsection at routine intervals that 
may not exceed 2 years to determine whether such 
plan, amendment, or regulations have resulted in 
adequate progress toward rebuilding affected fish 
stocks. The Secretary shall find a lack of adequate 
progress toward rebuilding an affected fish stock 
if— 
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‘‘(i) the status of the stock is not improv-
ing sufficiently such that it becomes unlikely 
that the stock will be rebuilt within the rebuild-
ing time period; 
‘‘(ii) the applicable fishing mortality rate 
or annual catch limits are exceeded, and the 
causes and rebuilding consequences of such 
exceedances have not been corrected; 
‘‘(iii) new scientific information dem-
onstrates 
that 
assumptions 
regarding 
the 
stock’s biology that formed the basis for the re-
building plan, such as stock productivity, were 
fundamentally inaccurate, and such inaccura-
cies render the current rebuilding plan unable 
to address the stock’s rebuilding needs; or 
‘‘(iv) for other reasons, as appropriate. 
‘‘(B) If, as a result of the review, the Secretary 
finds that such plan, amendment, or regulations 
have not resulted in adequate progress toward re-
building affected fish stocks, the Secretary shall— 
‘‘(i) in the case of a fishery to which sec-
tion 302(a)(3) applies, immediately make revi-
sions necessary to achieve adequate progress to-
ward rebuilding by the deadline established 
under paragraph (4); or 
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174 
‘‘(ii) for all other fisheries, immediately no-
tify the appropriate Council, which must make 
revisions necessary to achieve adequate progress 
toward rebuilding by not later than the deadline 
established under paragraph (4). If the Council 
fails to take such action by the date that is 9 
months after the date of such notification, the 
Secretary shall, not later than 15 months after 
such date, make such revisions as are needed to 
ensure adequate progress toward rebuilding by 
not later than the deadline established under 
paragraph (4). 
‘‘(C) If, as a result of the review, the Secretary 
finds that revisions pursuant to subparagraph (B) 
cannot achieve adequate progress within the time pe-
riod set under paragraph (4), the Secretary may 
find that the rebuilding plan has failed. Upon such 
a finding, the Council (or the Secretary in the case 
of a stock to which section 302(a)(3) applies) shall 
prepare and implement a new rebuilding plan pursu-
ant to the requirements in paragraph (8). 
‘‘(D) The Secretary shall publish the results of 
a review performed under this paragraph in the Fed-
eral Register, including a determination of adequate 
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progress or lack of adequate progress, and the basis 
for such determination.’’; and 
(7) by adding at the end the following: 
‘‘(8) If the time period established under a 
plan, amendment, or regulations pursuant to this 
subsection expires, or the Secretary determines that 
an existing rebuilding plan has failed under para-
graph (7)(C), but relevant stock has not rebuilt, the 
Council (or Secretary in the case of a stock to which 
section 302(a)(3) applies) shall prepare a new re-
building plan pursuant to paragraphs (3) through 
(6) of this subsection, except that such plan shall 
have no less than a 75 percent chance of rebuilding 
the fishery by the end of the new time period set 
under paragraph (4). Management measures in-
tended to rebuild the stock shall remain in effect 
during such preparation of a rebuilding plan.’’. 
SEC. 505. DEPLETED FISHERIES AND PREVENTING OVER-
FISHING. 
(a) DEPLETED FISHERIES.— 
(1) DEFINITION.—Section 3 (16 U.S.C. 1802) 
is amended by inserting after paragraph (8) the fol-
lowing: 
‘‘(8A) DEPLETED.— 
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‘‘(A) DEFINITION.—The term ‘depleted’ 
means, with respect to a stock or stock com-
plex, that its biomass has declined below the 
level at which the capacity of the stock or stock 
complex to produce maximum sustainable yield 
on a continuing basis is jeopardized. A depleted 
condition may be caused by numerous factors, 
alone or in combination, such as fishing effort, 
habitat loss, ecosystem changes or climate 
change, overfishing, inadequate forage, or other 
characteristics of or stressors on the stock or 
stock complex. 
‘‘(B) INCLUSION OF CASE LAW.—The term 
‘depleted’ has the meaning given to the term 
‘overfished’ by this section before the date of 
enactment of the Sustaining America’s Fish-
eries for the Future Act of 2021 for the pur-
poses of determining the application of any 
court precedent issued before such date.’’. 
(2) SUBSTITUTION.—The Magnuson-Stevens 
Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.) is amended— 
(A) in section 3 (16 U.S.C. 1802), by 
amending paragraph (34) to read as follows: 
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‘‘(34) OVERFISHING.—The term ‘overfishing’ 
means a rate or level of fishing mortality that jeop-
ardizes the capacity of a fishery to produce the max-
imum sustainable yield on a continuing basis.’’; 
(B) by striking the term ‘‘overfished’’ each 
place such term appears and inserting ‘‘de-
pleted’’; 
(C) in the heading of subsection (e) of sec-
tion 304, by striking ‘‘OVERFISHED’’ and in-
serting ‘‘DEPLETED’’. 
(3) REFERENCES IN THIS ACT.—The provisions 
of this Act and the amendments made by this Act 
are not intended to alter the legal mandate to pre-
vent depletion of fisheries and to rebuild depleted 
fisheries upon determination of their depleted status, 
which includes among other things ending or cur-
tailing fishing while the fishery rebuilds. 
(b) INFORMATION PROVIDED BY SCIENTIFIC AND 
STATISTICAL
COMMITTEES.—Section 
302(g)(1) 
(16 
U.S.C. 1852(g)(1)) is amended— 
(1) in subparagraph (A), by inserting ‘‘ecologi-
cal,’’ after ‘‘social’’; and 
(2) by amending subparagraph (B) to read as 
follows: 
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‘‘(B) Each scientific and statistical com-
mittee shall provide the appropriate Council 
with ongoing scientific advice for fishery man-
agement decisions, including— 
‘‘(i) recommendations for accounting 
for all sources of mortality in establishing 
management measures, for the acceptable 
biological catch levels, for preventing over-
fishing, for maximum sustainable yield, 
and for achieving rebuilding targets and 
promoting resilience of fish stocks to cli-
mate change; 
‘‘(ii) objective and measurable criteria 
for determining whether a stock is depleted 
or experiencing overfishing; and 
‘‘(iii) reports on stock status and 
health, sources of mortality, bycatch, habi-
tat status, social, ecological, and economic 
impacts of management measures, and 
sustainability of fishing practices, and pre-
vailing and anticipated future impacts of 
climate change on fish stocks, fishing com-
munities, and fishery sectors.’’. 
(c) MINIMUM REQUIRED PRECAUTIONARY STAND-
ARD.—Section 303(a)(10) (16 U.S.C. 1853(a)(10)) is 
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amended by inserting ‘‘, which may not be less pre-
cautionary than the recommendation of the scientific and 
statistical committees for such fishery,’’ before ‘‘and,’’. 
(d) TECHNICAL CORRECTION.—Section 301 of the 
Modernizing Recreational Fisheries Management Act of 
2018 (16 U.S.C. 1801 note) is amended to read as follows: 
‘‘SEC. 301. RULE OF CONSTRUCTION. 
‘‘Nothing in this Act, including the amendment made 
by section 102(a)(3), shall be construed as modifying the 
requirements of sections 301(a), 302(h)(6), 303(a)(15), or 
304(e) of the Magnuson-Stevens Fishery Conservation 
and Management Act, or the equal application of such re-
quirements and other standards and requirements under 
the Magnuson-Stevens Fishery Conservation and Manage-
ment Act to commercial, charter, and recreational fish-
eries, including each component of mixed-use fisheries.’’. 
SEC. 506. PREPARATION AND REVIEW OF SECRETARIAL 
PLANS. 
Section 304(c)(1) (16 U.S.C. 1854(c)) is amended— 
(1) by striking ‘‘may’’ and inserting ‘‘shall’’; 
(2) in subparagraph (A), by inserting ‘‘not to 
exceed 180 days’’ after ‘‘time’’; 
(3) in subparagraph (B), by inserting ‘‘not later 
than 180 days after the disapproval’’ before the 
semicolon; and 
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(4) by adding at the end the following: 
‘‘Not later than 30 days before the last day of a time pe-
riod established in subparagraph (B) or (C), the Secretary 
shall provide written notification to the affected Council 
that if such Council does not fulfill the requirements de-
scribed in such subparagraph, the Secretary shall issue a 
Secretarial plan.’’. 
SEC. 507. COUNCILS. 
Section 302(h) (16 U.S.C. 1852(h)) is amended— 
(1) in paragraph (5), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (7)— 
(A) by redesignating subparagraphs (B) 
and (C) as subparagraphs (C) and (D), respec-
tively; and 
(B) by inserting after subparagraph (A) 
the following: 
‘‘(B) prioritize fisheries and habitats expe-
riencing or expected to experience shifts in geo-
graphic range, spatial distribution, or produc-
tivity;’’; 
(3) by redesignating paragraphs (8) and (9) as 
paragraphs (11) and (13), respectively; and 
(4) by inserting after paragraph (7) the fol-
lowing: 
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‘‘(8) approve, for each of its managed stocks, 
objective and measurable criteria for identifying 
whether the stock is depleted or experiencing over-
fishing, which may not be less precautionary than 
the recommendation of its scientific and statistical 
committee; 
‘‘(9) develop and implement a plan to protect 
essential fish habitat in the region of the Council 
from adverse effects caused by fishing that shall in-
clude— 
‘‘(A) quantitative and measurable targets 
and goals for increasing quality, quantity, and 
representativeness of essential fish habitat; and 
‘‘(B) conservation and management meas-
ures to implement the plan; 
‘‘(10) at routine intervals not less frequently 
than every 7 years and based on scientific evidence 
or other relevant information, review habitat protec-
tion plans developed under paragraph (9) by such 
Council and each designation of essential fish habi-
tat and habitat areas of particular concern under 
section 303(a)(7) by such Council, and amend such 
Council’s fishery management plans as necessary 
and appropriate;’’. 
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SEC. 508. FORAGE FISH CONSERVATION. 
(a) SECRETARY TO DEFINE FORAGE FISH.—Section 
305 (16 U.S.C. 1855) is further amended by adding at 
the end the following: 
‘‘(m) FORAGE FISH.—Not later than 6 months after 
the date of enactment of the Sustaining America’s Fish-
eries for the Future Act of 2021, the Secretary shall issue 
a definition of the term ‘forage fish’ for the purposes of 
this Act. In defining such term, the Secretary shall con-
sider factors including whether a species covered by such 
definition, throughout such species’ lifecycle— 
‘‘(1) is at a low trophic level; 
‘‘(2) is generally small- to intermediate-sized; 
‘‘(3) occurs in schools or other dense aggrega-
tions; 
‘‘(4) contributes significantly to the diets of 
other fish, marine mammals, or birds; and 
‘‘(5) serves as a conduit for energy transfer to 
species at a higher trophic level.’’. 
(b) DEFINITIONS.—Section 3 (16 U.S.C. 1802) is 
further amended— 
(1) by inserting after paragraph (18) the fol-
lowing: 
‘‘(18A) FORAGE
FISH.—The term ‘forage 
fish’— 
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‘‘(A) has the meaning given the term by 
the Secretary under section 305(m); and 
‘‘(B) with respect to a species in a fishery 
managed pursuant to a fishery management 
plan or plan amendment that is approved by 
the Secretary under section 304(a), means any 
species identified in such plan as a forage 
fish.’’; and 
(2) in paragraph (33)— 
(A) in subparagraph (B), by striking 
‘‘and’’; 
(B) in subparagraph (C), by striking the 
period and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(D) in the case of a forage fish, is re-
duced, pursuant to subparagraph (B), to pro-
vide for the diet needs of fish species and other 
marine wildlife, including marine mammals and 
birds, for which forage fish is a significant die-
tary component.’’. 
(c) SCIENTIFIC ADVICE.—Section 302(g)(1)(B) (16 
U.S.C. 1852(g)(1)(B)) is further amended by adding at 
the end the following: 
‘‘(iv) maintaining a sufficient abun-
dance, diversity, and localized distribution 
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of forage fish populations to support the 
role of such populations in marine eco-
systems.’’. 
(d) COUNCIL FUNCTIONS.— 
(1) RESEARCH PRIORITIES.—Section 302(h)(7) 
(16 U.S.C. 1852(h)(7)) is further amended by in-
serting ‘‘forage fish populations and distribution,’’ 
after ‘‘habitats,’’. 
(2) 
UNMANAGED
FORAGE
FISH.—Section 
302(h) (16 U.S.C. 1852(h)) is further amended by 
inserting after paragraph (11) the following: 
‘‘(12) develop a list of unmanaged forage fish 
occurring in the area under its authority and pro-
hibit the development of any new directed forage fish 
fishery until the Council has— 
‘‘(A) considered the best scientific informa-
tion available and evaluated the potential im-
pacts of forage fish harvest on existing fish-
eries, fishing communities, and the marine eco-
system; 
‘‘(B) determined whether conservation and 
management of the forage fish fishery is need-
ed; 
‘‘(C) if a determination is made that con-
servation and management is needed, prepared 
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and submitted to the Secretary a fishery man-
agement plan or amendment consistent with 
section 303; and 
‘‘(D) received final, approved regulations 
from 
the 
Secretary 
pursuant 
to 
section 
304(b)(3); and’’. 
(3) EFFECTIVE DATE.—The amendments made 
by subsections (a) and (b) shall take effect 2 years 
after the date of enactment of this Act. 
(e) CONTENTS OF FISHERY MANAGEMENT PLANS.— 
(1) 
FORAGE
FISH
MANAGEMENT.—Section 
303(a) (16 U.S.C. 1853(a)) is further amended by 
adding at the end the following: 
‘‘(18) when setting annual catch limits for for-
age fish fisheries, assess, specify, and reduce such 
limits by the diet needs of fish species and other ma-
rine wildlife, such as marine mammals and birds, for 
which forage fish is a significant part of their diet.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by subsection (a) shall take effect 5 years after the 
date of enactment of this Act. 
(f) ACTION BY THE SECRETARY.—Section 304 (16 
U.S.C. 1854) is further amended by adding at the end 
the following: 
‘‘(l) FORAGE FISH MANAGEMENT GUIDELINES.— 
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‘‘(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of the Sustaining Amer-
ica’s Fisheries for the Future Act of 2021, the Sec-
retary shall establish by regulation guidelines to as-
sist 
the 
Councils 
in 
implementing 
sections 
302(h)(12), and 303(a)(16). 
‘‘(2) WORKSHOPS.—In developing the guide-
lines under paragraph (1), the Secretary shall con-
duct workshops with Councils and other scientific, 
fisheries, and conservation interests.’’. 
(g) RIVER HERRING AND SHAD.— 
(1) DEFINITIONS.—In this section— 
(A) RIVER
HERRING.—The term ‘‘river 
herring’’ 
means 
blueback 
herring 
(Alosa 
aestivalis) and alewife (Alosa pseudoharengus). 
(B) SHAD.—The term ‘‘shad’’ means 
American shad (Alosa sapidissima) and hickory 
shad (Alosa mediocris). 
(2) AMENDMENTS OF PLANS.—Not later than 
180 days after the date of enactment of this Act, the 
Secretary of Commerce shall— 
(A) amend the fishery management plans 
for the Atlantic Herring and Atlantic Mackerel, 
Squid, and Butterfish fisheries for the New 
England and Mid-Atlantic Regions to add shad 
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and river herring as managed stocks in such 
plans consistent with section 302(h)(1) of the 
Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1852(h)(1)); 
(B) initiate additional fishery management 
plan amendments to be completed in not more 
than 1 year from the date of the addition of the 
species identified in paragraph (1) in order to 
develop and implement all required conservation 
and management measures for such stocks con-
sistent with the Magnuson-Stevens Fisheries 
Conservation and Management Act (16 U.S.C. 
1801 et seq.), and all other applicable law; and 
(C) notwithstanding any other law, rule, or 
fishery management plan provision, including 
conservation and management measures under 
section 303(a)(11) of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 
U.S.C. 1853(a)(11)), reallocate existing re-
sources to provide, for not less than 60 percent 
of all relevant fishing trips, not fewer than one 
at-sea observer or an on-board electronic or 
video means of producing equivalent at-sea 
monitoring information, for any vessel using 
mid-water trawl or paired mid-water trawl fish-
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ing gear in the Atlantic herring and Atlantic 
mackerel fisheries. 
(h) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed as— 
(1) extending or diminishing the jurisdiction or 
authority of any State within its boundaries; or 
(2) affecting— 
(A) section 306 of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 
U.S.C. 1856); or 
(B) the Atlantic Coastal Fisheries Cooper-
ative Management Act (16 U.S.C. 5107 et 
seq.). 
SEC. 509. FUNDING FOR MONITORING IMPLEMENTATION 
OF 
NORTHEAST 
MULTISPECIES 
FISHERY 
MANAGEMENT PLAN. 
Section 311(f)(4) (16 U.S.C. 1861(f)(4)) is amended 
by striking ‘‘pursuant to this section’’ and all that follows 
through the end of the sentence and inserting ‘‘to enforce 
and monitor (including electronic monitoring) implementa-
tion of that plan.’’. 
SEC. 510. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to the Sec-
retary the following amounts to carry out the provisions 
of this Act: 
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(1) For fiscal year 2022, $682,446,000. 
(2) For fiscal year 2023, $698,142,000. 
(3) For fiscal year 2024, $714,200,000. 
(4) For fiscal year 2025, $730,626,000. 
(5) For fiscal year 2026, $747,431,000. 
(6) For fiscal year 2027, $764,621,000. 
Æ 
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