waterfronts, including an easement, only from a will-
ing seller and at fair market value. 
‘‘(2) A grant awarded under this section may be 
used to acquire working waterfronts or an interest in 
working waterfronts at less than fair market value 
only if the owner certifies to the Secretary that the 
sale is being entered into willingly and without coer-
cion. 
‘‘(3) No Federal, State, or local entity may exer-
cise the power of eminent domain to secure title to 
any property or facilities in connection with a project 
carried out under this section. 
‘‘(g) ALLOCATION
OF GRANTS
TO LOCAL GOVERN-
MENTS AND OTHER ENTITIES.— 
‘‘(1) DESIGNATION
OF
QUALIFIED
HOLDER.— 
Subject to the approval of the Secretary, a coastal 
State may, as part of an approved working water-
front plan, designate as a qualified holder any unit 
of State or local government or nongovernmental or-
ganization, if the coastal State is ultimately respon-
sible for ensuring that the property will be managed 
in a manner that is consistent with the purposes for 
which the land entered into the program. 
‘‘(2) ALLOCATION.—A coastal State or a quali-
fied holder designated by a coastal State may allocate 
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to a unit of local government, nongovernmental orga-
nization, fishing cooperative, or other entity, a por-
tion of any grant made under this section for the pur-
pose of carrying out this section, except that such an 
allocation shall not relieve the coastal State of the re-
sponsibility for ensuring that any funds so allocated 
are applied in furtherance of the coastal State’s ap-
proved working waterfronts plan. 
‘‘(3) EXCEPTIONS.—A qualified holder may hold 
title to or interest in property acquired under this 
section, except that— 
‘‘(A) all persons holding title to or interest 
in working waterfronts affected by a grant under 
this section shall enter into a working water-
fronts covenant; 
‘‘(B) such covenant shall be held by the 
coastal State or a qualified holder designated 
under paragraph (1); 
‘‘(C) if the coastal State determines, on the 
record after an opportunity for a hearing, that 
the working waterfronts covenant has been vio-
lated— 
‘‘(i) all right, title, and interest in and 
to the working waterfronts covered by such 
covenant shall, except as provided in sub-
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paragraph (D), revert to the coastal State; 
and 
‘‘(ii) the coastal State shall have the 
right of immediate entry onto the working 
waterfronts; and 
‘‘(D) if a coastal State makes a determina-
tion under subparagraph (C), the coastal State 
may convey or authorize the qualified holder to 
convey the working waterfront or interest in 
working waterfronts to another qualified holder. 
‘‘(h) MATCHING CONTRIBUTIONS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall require that each coast-
al State that receives a grant under this section, or 
a qualified holder designated by that coastal State 
under subsection (g), shall provide matching funds in 
an amount equal to at least 25 percent of the total 
cost of the project carried out with the grant. As a 
condition of receipt of a grant under this section, the 
Secretary shall require that a coastal State provide to 
the Secretary such assurances as the Secretary deter-
mines are sufficient to demonstrate that the share of 
the cost of each eligible project that is not funded by 
the grant awarded under this section has been se-
cured. 
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‘‘(2) WAIVER.—The Secretary may waive the ap-
plication of paragraph (1) for any qualified holder 
that is an underserved community, a community that 
has an inability to draw on other sources of funding 
because of the small population or low income of the 
community, or for other reasons the Secretary con-
siders appropriate. 
‘‘(3) IN-KIND CONTRIBUTIONS.—A local commu-
nity designated as a qualified holder under subsection 
(g) may use funds or other in-kind contributions do-
nated by a nongovernmental partner to satisfy the 
matching funds requirement under this subsection. 
‘‘(4) 
FUNDING
FROM
OTHER
FEDERAL 
SOURCE.—If financial assistance under this section 
represents only a portion of the total cost of a project, 
funding from other Federal sources may be applied to 
the cost of the project. 
‘‘(5) VALUE OF A WORKING WATERFRONT.—The 
Secretary shall treat as non-Federal match the value 
of a working waterfront or interest in a working wa-
terfront, including conservation and other easements, 
that is held in perpetuity by a qualified holder, if the 
working waterfront or interest is identified in the ap-
plication for the grant and acquired by the qualified 
holder not later than three years of the grant award 
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date, or not later than three years after the submis-
sion of the application and before the end of the grant 
award period. Such value shall be determined by an 
appraisal performed at such time before the award of 
the grant as the Secretary considers appropriate. 
‘‘(6) OTHER
CONSIDERATIONS.—The Secretary 
shall treat as non-Federal match the costs associated 
with acquisition of a working waterfront or an inter-
est in a working waterfront, and the costs of restora-
tion, enhancement, or other improvement to a work-
ing waterfront, if the activities are identified in the 
project application and the costs are incurred within 
the period of the grant award, or, for working water-
front described in paragraph (6), within the same 
time limits described in that paragraph. Such costs 
may include either cash or in-kind contributions. 
‘‘(i) LIMIT
ON ADMINISTRATIVE COSTS.—The Sec-
retary may not use more than 5 percent of the funds made 
available under this section may for planning or adminis-
tration of the program under this section. 
‘‘(j) OTHER TECHNICAL
AND FINANCIAL ASSIST-
ANCE.— 
‘‘(1) The Secretary may use up to 5 percent of 
the funds appropriated under this section to provide 
technical assistance as described in this subsection. 
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‘‘(2) The Secretary shall— 
‘‘(A) provide technical assistance to coastal 
States and local governments in identifying and 
obtaining other sources of available Federal tech-
nical and financial assistance for the develop-
ment and revision of a working waterfronts plan 
and the implementation of an approved working 
waterfronts plan; 
‘‘(B) provide technical assistance to States 
and local governments for the development, im-
plementation, and revision of comprehensive 
working waterfronts plans, which may include, 
subject to the availability of appropriations, 
planning grants and assistance, pilot projects, 
feasibility studies, research, and other projects 
necessary to further the purposes of this section; 
‘‘(C) assist States in developing other tools 
to protect working waterfronts; 
‘‘(D) collect and disseminate to States guid-
ance for best stormwater management practices 
in regards to working waterfronts; 
‘‘(E) provide technical assistance to States 
and local governments on integrating resilience 
planning into working waterfronts preservation 
efforts; and 
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‘‘(F) collect and disseminate best practices 
on working waterfronts and resilience planning. 
‘‘(k) REPORTS.— 
‘‘(1) The Secretary shall— 
‘‘(A) develop performance measures to 
evaluate and report on the effectiveness of the 
program under this section in accomplishing the 
purpose of this section; and 
‘‘(B) submit to Congress a biennial report 
that includes such evaluations, an account of all 
expenditures, and descriptions of all projects car-
ried out using grants awarded under this sec-
tion. 
‘‘(2) The Secretary may submit the biennial re-
port under paragraph (1)(B) by including it in the 
biennial report required under section 316. 
‘‘(l) DEFINITIONS.—In this section, the following defi-
nitions apply: 
‘‘(1) QUALIFIED HOLDER.—The term ‘qualified 
holder’ means a coastal State or a unit of local or 
coastal State government or a non-State organization 
designated by a coastal State under subsection (g). 
‘‘(2) WORKING WATERFRONT.—The term ‘work-
ing waterfront’ means real property (including sup-
port structures over water and other facilities) that 
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provides access to coastal waters to persons engaged 
in commercial and recreational fishing, recreational 
fishing and boating businesses, other marine rec-
reational and tourism businesses, boatbuilding, aqua-
culture, or other water-dependent, coastal-related 
business and is used for, or that supports, commercial 
and recreational fishing, recreational fishing and 
boating businesses, boatbuilding, other marine rec-
reational and tourism businesses, aquaculture, or 
other water-dependent, coastal-related business. 
‘‘(3) WORKING
WATERFRONT
COVENANT.—The 
term ‘working waterfront covenant’ means an agree-
ment in recordable form between the owner of working 
waterfront and one or more qualified holders, that 
provides such assurances as the Secretary may re-
quire that— 
‘‘(A) the title to or interest in the working 
waterfront will be held by a grant recipient or 
qualified holder in perpetuity, except as provided 
in subparagraph (C); 
‘‘(B) the working waterfront will be man-
aged in a manner that is consistent with the 
purposes for which the property is acquired pur-
suant to this section, and the property will not 
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be converted to any use that is inconsistent with 
the purpose of this section; 
‘‘(C) if the title to or interest in the working 
waterfront is sold or otherwise exchanged— 
‘‘(i) all working waterfront owners and 
qualified holders involved in such sale or ex-
change shall accede to such agreement; and 
‘‘(ii) funds equal to the fair market 
value of the working waterfront or interest 
in working waterfront shall be paid to the 
Secretary by parties to the sale or exchange, 
and such funds shall, at the discretion of the 
Secretary, be paid to the coastal State in 
which the working waterfront is located for 
use in the implementation of the working 
waterfront plan of the State approved by 
the Secretary under this section; and 
‘‘(D) such covenant is subject to enforcement 
and oversight by the coastal State or by another 
person as determined appropriate by the Sec-
retary. 
‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary $12,000,000 
for each of fiscal years 2023 through 2027 to carry out this 
section.’’. 
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SEC. 204. SEAFOOD MARKETING. 
(a) OUTREACH PLAN.—The Secretary of Agriculture, 
in conjunction with the Administrator, shall develop an 
outreach plan to expand Department of Agriculture out-
reach to fishing industry stakeholders to increase awareness 
of and assist with the use of programs in the Agricultural 
Marketing Service. 
(b) STUDY.—The Administrator shall, in consultation 
with the Secretary of Agriculture and members of the sea-
food industry, study the possibility of establishing education 
and marketing programs within the National Oceanic and 
Atmospheric Administration. 
(c) REPORTS.—Not later than 2 years after the date 
of enactment of this Act— 
(1) the Secretary of Agriculture, in conjunction 
with the Administrator, shall submit a report to Con-
gress on the outreach plan developed under subsection 
(a); and 
(2) the Administrator shall submit a report to 
Congress on the findings of the study conducted under 
subsection (b). 
SEC. 205. COMMUNITY PARTICIPATION IN LIMITED ACCESS 
PRIVILEGE PROGRAMS. 
(a) IN
GENERAL.—Section 303A(c) (16 U.S.C. 
1853a(c)) is amended— 
(1) in paragraph (1)— 
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(A) in subparagraph (C)(iii), by inserting 
‘‘, including the participation of fishing commu-
nities in the fishery’’ after ‘‘benefits’’; and 
(B) by adding at the end the following: 
‘‘(L) consider the needs of fishing commu-
nities and provide a process for fishing commu-
nities to participate in the limited access privi-
lege program in accordance with subsection 
(c)(3).’’; and 
(2) by amending paragraph (3) to read as fol-
lows: 
‘‘(3) FISHING COMMUNITIES.— 
‘‘(A) ELIGIBILITY.—To be eligible to par-
ticipate in a limited access privilege program to 
harvest fish, a fishing community shall— 
‘‘(i) be located within the management 
area of the relevant Council; 
‘‘(ii) consist of residents who conduct 
commercial or recreational fishing, proc-
essing, or fishery-dependent support busi-
nesses within the Council’s management 
area; 
‘‘(iii) seek to participate in such pro-
gram for a purpose other than perfecting or 
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realizing a security interest in such access; 
and 
‘‘(iv) develop and submit a community 
sustainability plan to the Council and the 
Secretary that demonstrates how the plan 
will address the social and economic devel-
opment needs of coastal communities, in-
cluding those that have not historically had 
the resources to participate in the fishery, 
for approval. 
‘‘(B) COMMUNITY SUSTAINABILITY PLAN AP-
PROVAL.— 
‘‘(i) IN GENERAL.—A community sus-
tainability plan submitted by a fishing 
community to a Council and the Secretary 
for approval shall include the following 
components: 
‘‘(I) A description of the entity 
and the Board and governance for the 
entity that will receive the allocation. 
‘‘(II) A description of the quota 
allocation process that will be used by 
the fishing community entity, includ-
ing an appeals process within the enti-
ty. 
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‘‘(VII) A description of how the 
community sustainability plan will 
ensure the benefits of participating in 
the limited access privilege program 
accrue to the fishing community and 
participants, including limitations or 
measures necessary to prevent an in-
equitable concentration of limited ac-
cess privileges within the fishing com-
munity. 
‘‘(ii) PREVIOUSLY ADOPTED PLAN.—A 
community sustainability plan submitted 
before the date of enactment of the Sus-
taining America’s Fisheries for the Future 
Act of 2022 shall not be invalidated by fail-
ure to comply with clause (i) unless such 
plan is amended after such date.’’. 
(b) AUDIT.— 
(1) IN GENERAL.—The Inspector General of the 
Department of Commerce shall conduct an audit re-
garding limited access privilege programs for feder-
ally managed fisheries in the United States. 
(2) DETERMINATIONS AND DISCLOSURES.—The 
audit required under paragraph (1) shall determine 
and disclose the following: 
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(A) The amount of harvest privileges or 
transferable quota that were actively harvested 
each year from 2017 through 2022. 
(B) The amount of harvest privileges or 
transferable quota that were leased to other par-
ties or entities each year from 2017 through 
2022. 
(C) The names of corporations, partner-
ships, or other authorized entities that currently 
hold harvesting privileges or transferable quota 
in Federal fisheries. 
(D) The proportion of transferable quota 
holders (both individuals and authorized enti-
ties) who are actively fishing their harvesting 
privileges. 
(E) The average cost of a transferable har-
vest share in each federally managed limited ac-
cess privilege program. 
(F) The average leasing cost of a transfer-
able harvest share in each federally managed 
limited access privilege program where leasing is 
occurring. 
(3) ADDITIONAL
REQUIREMENTS.—In addition 
to the requirements under paragraph (2), the audit 
required under this subsection shall— 
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(A) evaluate the Secretary of Commerce’s 
performance overseeing limited access privilege 
programs 
in 
accordance 
with 
section 
303A(c)(1)(J) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 
1853a(c)(1)(J)); and 
(B) recommend policies to strengthen trans-
parency and achieve full disclosure of ownership 
of harvest privileges in limited access privilege 
programs. 
(4) CONGRESSIONAL BRIEFING.—Not later than 
one year after the date of enactment of this Act, the 
Inspector General shall brief the appropriate commit-
tees of Congress on the preliminary findings of the 
audit conducted under paragraph (1). 
(5) FINAL
REPORT.—Not later than 30 days 
after the date on which a briefing occurs under para-
graph (4), the Inspector General shall submit to Con-
gress a final report setting forth the results of the 
audit conducted under paragraph (1). 
SEC. 206. FINDINGS. 
Section 2(a)(3) (16 U.S.C. 1801(a)(3)) is amended to 
read as follows: 
‘‘(3) Commercial, recreational, and charter fish-
ing constitute major sources of employment and con-
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tribute significantly to the economy of the nation. 
Many coastal areas are dependent upon fishing and 
related activities, and their economies have been badly 
damaged by the overfishing of fishery resources; en-
suring sustainable use of fishery resources is essential 
to the economic well-being of these areas.’’. 
SEC. 207. PARTICIPATION BY FISHERY-DEPENDENT COMMU-
NITIES. 
(a) IN
GENERAL.—Section 301(a)(8) (16 U.S.C. 
1851(a)(8)) is amended to read as follows: 
‘‘(8) Conservation and management measures 
shall, consistent with the conservation requirements of 
this Act (including the prevention of overfishing and 
rebuilding of overfished stocks), provide for the sus-
tained participation by fishery-dependent commu-
nities, to the extent practicable, by using economic 
and social data that meets the requirements of para-
graph (2) to— 
‘‘(A) minimize adverse economic impacts on 
such communities; and 
‘‘(B) include measurable objectives and tan-
gible strategies that provide residents of local 
fishing communities with sustained access to ad-
jacent fisheries.’’. 
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(b) UPDATE OF ADVISORY GUIDELINES.—Not later 
than 60 days after the date of enactment of this section, 
the Secretary shall update the advisory guidelines required 
under section 301(b) of the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1851(b)) to be 
consistent with the amendment made by this section. 
TITLE 
III—STRENGTHENING 
PUBLIC PROCESS AND TRANS-
PARENCY 
SEC. 301. TRIBAL REPRESENTATION AT THE PACIFIC FISH-
ERY MANAGEMENT COUNCIL. 
(a) IN
GENERAL.—Section 302(b)(5) (16 U.S.C. 
1852(b)(5)) is amended— 
(1) in subparagraph (A), by striking ‘‘of not less 
than 3 individuals’’; and 
(2) by adding at the end the following: 
‘‘(E) TERM OF TRIBAL REPRESENTATIVE.— 
An individual appointed under subparagraph 
(A) shall serve on the Pacific Council until such 
time as a new appointment to the tribal seat is 
made under subparagraph (A).’’. 
(b) CONFORMING AMENDMENT.—Section 302(b)(3) is 
amended by striking ‘‘paragraphs (2) and (5)’’ and insert-
ing ‘‘paragraph (2)’’. 
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SEC. 302. TRIBAL REPRESENTATION AT THE NORTH PA-
CIFIC FISHERY MANAGEMENT COUNCIL. 
(a) IN GENERAL.—Section 302(a)(1)(G) (16 U.S.C. 
1852(a)(1)(G)) is amended— 
(1) by striking ‘‘11’’ and inserting ‘‘13’’; and 
(2) by inserting ‘‘and including 2 appointed 
from Indian Tribes in Alaska that are identified (in-
cluding parenthetically) on the most current list (as 
of the date of the enactment of this paragraph) pub-
lished by the Secretary under section 104 of the Fed-
erally Recognized Indian Tribe List Act of 1994 (25 
U.S.C. 5131)’’ before the period at the end. 
(b) 
APPOINTMENT.—Section 
302(b) 
(16 
U.S.C. 
1852(b)) is amended by adding at the end the following: 
‘‘(7) TRIBAL
REPRESENTATIVE
ON
NORTH
PA-
CIFIC COUNCIL.— 
‘‘(A) APPOINTMENT.—The Secretary shall 
appoint to the North Pacific Council 2 individ-
uals described in subparagraph (B) to serve as 
representatives of Indian Tribes in Alaska that 
are identified (including parenthetically) on the 
most current list (as of the date of the enactment 
of this paragraph) published by the Secretary 
under section 104 of the Federally Recognized 
Indian Tribe List Act of 1994 (25 U.S.C. 5131) 
from a list submitted by the Tribal governments 
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of those Tribes. The Secretary, in consultation 
with the Secretary of the Interior, Tribal Gov-
ernments, and the Alaska Federation of Natives, 
shall establish by regulation the procedure for 
submitting a list under this subparagraph. 
‘‘(B) REQUIRED QUALIFICATIONS.—An in-
dividual is described in this subparagraph if 
such individual possesses knowledge of the re-
gion’s anadramous fish, of the marine resources 
managed by the Council, of the effects of the 
Council’s actions on such resources ,and of the 
region’s subsistence uses, customs, and traditions 
relating to such resources and— 
‘‘(i) possesses knowledge of commercial 
and sport uses of anadramous fish and ma-
rine resources in the region; or 
‘‘(ii) demonstrates leadership through 
involvement in local or regional fish and 
wildlife management organizations. 
‘‘(C) 
REPRESENTATION.—Representation 
shall be rotated among affected tribal regions, 
taking into consideration— 
‘‘(i) the qualifications of the individ-
uals on the list described in subparagraph 
(A); 
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‘‘(ii) the degree to which the Indian 
tribes in the region are dependent on anad-
romous fish and marine resources in the 
area managed by the Council and the im-
pact of Council actions on such resources; 
and 
‘‘(iii) the geographic area in which the 
tribe of the representative is located. 
‘‘(D) FILLING OF VACANCY.—A vacancy oc-
curring prior to the expiration of any term shall 
be filled in the same manner as set out in sub-
paragraphs (A) and (C), except that the Sec-
retary may use the list from which the vacating 
representative was chosen. 
‘‘(E) DESIGNATION
OF
ALTERNATE.—The 
tribal representative appointed under subpara-
graph (A) may designate as an alternate an in-
dividual knowledgeable concerning tribal rights 
and fishing practices, Indigenous traditional 
knowledge, tribal law, and other marine re-
sources of the geographical area concerned. 
‘‘(F) TERM
OF
APPOINTMENT.—An indi-
vidual appointed under subparagraph (A) shall 
serve on the North Pacific Council until such 
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time as a new appointment to the tribal seat is 
made under subparagraph (A).’’. 
SEC. 303. ATLANTIC COUNCILS. 
Section 302(a) (16 U.S.C. 1852(a)) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A)— 
(i) by striking ‘‘18’’ and inserting 
‘‘19’’; and 
(ii) by inserting before the period at 
the end the following: ‘‘and a liaison who is 
a member of the Mid-Atlantic Fishery Man-
agement Council to represent the interests of 
fisheries under the jurisdiction of such 
Council’’; and 
(B) in subparagraph (B)— 
(i) by striking ‘‘21’’ and inserting 
‘‘22’’; and 
(ii) by inserting before the period at 
the end the following: ‘‘and a liaison who is 
a member of the New England Fishery 
Management Council to represent the inter-
ests of fisheries under the jurisdiction of 
such Council’’; and 
(2) by adding at the end the following: 
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‘‘(4) REQUIREMENTS
FOR
LIAISON.—The Sec-
retary shall appoint an individual to be a liaison be-
tween the Councils described in subparagraphs (A) 
and (B) of paragraph (1) who has expertise in a fish-
ery that spans the geographical areas of both such 
Councils.’’. 
SEC. 304. COUNCIL PROCEDURES AND PARTICIPATION. 
(a) IN GENERAL.—Section 302(e) (16 U.S.C. 1852(e)) 
is amended— 
(1) in paragraph (5), by striking ‘‘At the request 
of any voting member of a Council, the Council shall 
hold a roll call vote on any matter before the Coun-
cil.’’ and inserting ‘‘Each Council shall hold a roll 
call vote on all nonprocedural matters before the 
Council. At the request of any voting member of a 
Council, the Council shall hold a roll call vote on any 
procedural matter before the Council.’’; and 
(2) by adding at the end the following: 
‘‘(6) To the extent possible, each Council shall— 
‘‘(A) seek to hold meetings in person; and 
‘‘(B) ensure the availability of remote meet-
ing participation and voting.’’. 
(b) COUNCIL MEETINGS.—Section 302(i)(2) is amend-
ed by adding at the end the following: 
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‘‘(G) Each Council shall make available on the 
website of the Council— 
‘‘(i) to the extent possible, a webcast or a 
live audio or video broadcast of each meeting of 
the Council, and of the Council Coordination 
Committee established under subsection (l), that 
is not closed in accordance with paragraph (3); 
and 
‘‘(ii) an audio or video recording (if the 
meeting was in person or by video conference), or 
a searchable audio recording or written tran-
script, of each meeting of the Council and of the 
meetings of committees referred to in section 
302(g)(1)(B) of the Council, by not later than 30 
days after the conclusion of the meeting. 
‘‘(H) The Secretary shall maintain and make 
available to the public, for a period of not less than 
5 years beginning on the date of a meeting, an ar-
chive of Council and scientific and statistical com-
mittee meeting audio and video recordings and tran-
scripts made available under clauses (i) and (ii) of 
subparagraph (G).’’. 
SEC. 305. COUNCIL ACCOUNTABILITY AND MEMBERSHIP. 
(a) VOTING MEMBERS.—Section 302(b)(2) (16 U.S.C. 
1852(b)(2)) is amended— 
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(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 knowledgeable 
regarding— 
‘‘(i) the conservation and management, 
or the commercial, recreational, or subsist-
ence harvest, of the fishery resources 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 their representa-
tives) in the commercial, recreational, and sub-
sistence fisheries under the jurisdiction of the 
Council and of members of the conservation com-
munity, scientists, non-consumptive users, and 
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indigenous and tribal communities as applica-
ble, and of the active participants (or their rep-
resentatives) in the commercial, recreational, 
and subsistence fisheries 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 Committee 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 re-
port 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 commu-
nity, scientists, non-consumptive users, in-
digenous and tribal communities; and 
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‘‘(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 mem-
bers of each Council from a list of in-
dividuals submitted by the Governor of 
each applicable constituent State. 
‘‘(II) REQUIREMENTS FOR LIST.— 
in submitting a list for the purposes of 
subclause (I), a Governor— 
‘‘(aa) may only submit the 
name of an individual if such 
Governor has determined such in-
dividual is qualified under the re-
quirements of subparagraph (A); 
and 
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‘‘(bb) shall include the names 
and pertinent biographical data 
of not less than 3 individuals for 
each applicable vacancy and shall 
be accompanied by a statement by 
the Governor explaining how each 
such individual meets the require-
ments of subparagraph (A). 
‘‘(III) REVIEW.—The Secretary 
shall review each list submitted under 
this subparagraph. If the Secretary de-
termines that any individual does not 
meet the requirements of this para-
graph, 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 
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 one 
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individual who does not have a financial 
interest 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 sub-
section (j).’’. 
(b) Section 302(b)(2) (16 U.S.C. 1852(b)(2)) is amend-
ed by adding at the end the following: 
‘‘(F) GEOGRAPHIC
REPRESENTATION.—In ap-
pointing at-large members to the Western Pacific 
Fishery Management Council, the Secretary shall en-
sure geographic representation across all constituent 
states of the Council.’’. 
(c) DISCLOSURE
OF
FINANCIAL
INTEREST
AND 
RECUSAL.—Section 302(j) (16 U.S.C. 1852(j)) is amend-
ed— 
(1) by amending paragraph (1)(B) to read as 
follows: 
‘‘(B) the term ‘designated official’ means an at-
torney employed in the Office of the General Counsel 
of the National Oceanic and Atmospheric Administra-
tion with an expertise in Federal conflict-of-interest 
requirements who is designated by the Secretary, in 
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consultation with the Council, to attend Council meet-
ings and make determinations under paragraph 
(7)(B).’’; 
(2) in paragraph (2)(C), by inserting ‘‘con-
tractor,’’ after ‘‘partner,’’; and 
(3) in paragraph (5)(B), by striking ‘‘on the 
Internet’’ and inserting ‘‘on the website of the agency, 
on the website of the applicable Council,’’. 
(d) LOBBYING.—Section 302 (16 U.S.C. 1852) is 
amended by adding at the end the following: 
‘‘(m) LOBBYING.— 
‘‘(1) PROHIBITION ON COUNCIL LOBBYING.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), Regional Fishery Manage-
ment Council members, members of Council ad-
visory bodies, and Council employees and con-
tractors, are prohibited from using Federal funds 
to attempt to influence the— 
‘‘(i) introduction, advancement, enact-
ment, amendment, or repeal of Federal or 
State legislation; or 
‘‘(ii) issuance, modification, or over-
turning of an executive order, Presidential 
proclamation, or similar Presidential direc-
tive or decree. 
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‘‘(B) TECHNICAL
AND
FACTUAL
PRESEN-
TATIONS.—Notwithstanding subparagraph (A), 
such individuals may provide a technical and 
factual presentation directly related to the per-
formance of a Council’s duties, through hearing 
testimony or written statements, if such presen-
tation is in response to a documented request 
and is made available under paragraph (4). 
‘‘(2) ADJUDICATING VIOLATIONS.— 
‘‘(A) INITIATION BY SECRETARY.—The Sec-
retary may initiate an investigation of a poten-
tial violation of this subsection. 
‘‘(B) COMPLAINT.—The Secretary shall in-
vestigate a complaint submitted by any person 
or government entity regarding a potential vio-
lation of this subsection. 
‘‘(3) PENALTIES.—If the Secretary determines 
that an individual violated paragraph (1), such indi-
vidual shall be subject to disciplinary action includ-
ing suspension or expulsion from participation in, 
membership of, or employment by a council, advisory 
body, or related entity or activity. 
‘‘(4) TRAINING.—The Secretary shall provide 
training to individuals described in paragraph (1) on 
compliance with rules issued under this subsection 
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and general limits of Federal grant recipients on con-
tacts with members and staff of the Executive and 
Legislative branches. 
‘‘(5) REPORT.—The Secretary shall submit an 
annual report to the Committee on Natural Resources 
of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate 
that describes— 
‘‘(A) the funding provided to implement 
this subsection; 
‘‘(B) complaints received of and investiga-
tions into potential violations of this subsection; 
and 
‘‘(C) barriers associated with and proposals 
to improve implementation of this subsection. 
‘‘(6) REGULATIONS.—Not later than 12 months 
after the date of enactment of the Sustaining Amer-
ica’s Fisheries for the Future Act of 2022, the Sec-
retary shall issue implementing regulations for this 
subsection.’’. 
(e) WORKPLACE HARASSMENT PREVENTION.—Section 
302 (16 U.S.C. 1852) is further amended by adding at the 
end the following: 
‘‘(n) WORKPLACE HARASSMENT PREVENTION.— 
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‘‘(1) PROHIBITION.—The Secretary shall prohibit 
any person from harassing a covered individual dur-
ing the conduct of duties under this Act. 
‘‘(2) HARASSMENT PREVENT TRAINING.—Council 
members and staff shall, as a condition of employ-
ment, not later than 1 year after the date of enact-
ment of the Sustaining America’s Fisheries for the 
Future Act of 2022 or such individual’s first day of 
employment by a Council and not less often than 
every 2 years thereafter, complete 2 hours of work-
place harassment prevention training approved by the 
office authorized by section 3541 of the National De-
fense Authorization Act for Fiscal Year 2017. 
‘‘(3) DEFINITIONS.—In this subsection: 
‘‘(A) COVERED INDIVIDUAL.—The term ‘cov-
ered individuals’ means— 
‘‘(i) council members; 
‘‘(ii) council staff; 
‘‘(iii) advisory panel members; 
‘‘(iv) committee members; 
‘‘(v) Federal fishery permit holders; or 
‘‘(vi) staff, crew, employees, or contrac-
tors associated with a federally permitted 
vessel or a facility providing services to 
such vessels. 
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‘‘(B) HARASSMENT.—The term ‘harassment’ 
means unwelcome verbal, visual, or physical con-
duct based on race, color, national origin, reli-
gion, age (40 and above), sex (including gender 
identity, sexual orientation, and pregnancy), 
disability, genetic information, or prior Equal 
Employment Opportunity activity.’’. 
(f) JUDICIAL REVIEW.—Section 305(f)(1) (16 U.S.C. 
1855(f)(1) is amended by striking ‘‘30’’ and inserting ‘‘60’’. 
SEC. 306. WESTERN PACIFIC SUSTAINABLE FISHERY FUND. 
Section 204(e) of the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1824(e)) is 
amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘in consultation with any 
appropriate Council,’’ and inserting ‘‘at the re-
quest and with the concurrence of the Governor 
of the applicable Pacific Insular Area,’’; 
(B) by striking ‘‘a Pacific Insular Area— 
’’ and inserting ‘‘that Pacific Insular Area.’’; 
and 
(C) by striking subparagraphs (A) and (B); 
(2) in paragraph (3)(A)— 
(A) by inserting ‘‘and’’ before ‘‘the Gov-
ernor’’; 
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(B) by striking ‘‘, and the appropriate 
Council’’; and 
(C) by adding at the end the following: 
‘‘Such permits shall also be consistent with any 
applicable fishery management plan.’’; 
(3) in paragraph (4)— 
(A) in subparagraph (A)— 
(i) by striking ‘‘the Western Pacific 
Council and’’; 
(ii) by inserting ‘‘of the applicable Pa-
cific Insular Area’’ after ‘‘Governor’’; and 
(iii) by amending (v) to read as fol-
lows— 
‘‘(v) western Pacific community based 
demonstration projects under section 112(b) 
of the Sustainable Fisheries Act and other 
coastal improvement projects in waters be-
yond the seaward boundary (as such term is 
defined in section 4 of the Submerged Lands 
Act) of any state to foster and promote the 
management, conservation, and economic 
enhancement of the Pacific Insular Areas.’’; 
and 
(B) by amending subparagraph (B) to read 
as follows: 
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100 
‘‘(B) In the case of American Samoa, 
Guam, and the Northern Mariana Islands, the 
appropriate Governor of the applicable Pacific 
Insular Area shall develop the marine conserva-
tion plan described in subparagraph (A) and 
submit such plan to the Secretary for approval. 
In the case of other Pacific Insular Areas, the 
Secretary and the appropriate Governor of the 
applicable Pacific Insular Area shall jointly de-
velop the marine conservation plan described in 
subparagraph (A).’’; 
(4) in paragraph (6)— 
(A) in subparagraph (A), by inserting 
‘‘and’’ at the end; 
(B) by striking subparagraph (B); and 
(C) by redesignating subparagraph (C) as 
subparagraph (B); 
(5) in paragraph (7)— 
(A) by striking ‘‘, who shall provide such 
funds only to’’ and inserting ‘‘for the purposes 
of’’; 
(B) in subparagraph (A)— 
(i) by striking ‘‘the Western Pacific 
Council for the purpose of’’; and 
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101 
(ii) by inserting ‘‘as determined by the 
Secretary, in consultation with the Western 
Pacific Sustainable Fishery Fund Advisory 
Panel established under section 204(e)(9),’’ 
after ‘‘subsection,’’; 
(C) in subparagraph (B), by inserting ‘‘pro-
viding such funds as are necessary to’’ before 
‘‘the Secretary’’; 
(D) by amending subparagraph (C) to read 
as follows: 
‘‘(C) providing such funds as remain in the 
Western Pacific Sustainable Fisheries Fund after 
the funding requirements of subparagraphs (A) 
and (B) have been satisfied to the Governor of 
Hawaii to meet conservation and management 
objectives in the State of Hawaii.’’; and 
(E) by striking ‘‘Amounts deposited in such 
fund shall not diminish funding received by the 
Western Pacific Council for the purpose of car-
rying out other responsibilities under this Act.’’; 
and 
(6) by adding at the end the following: 
‘‘(9) WESTERN PACIFIC SUSTAINABLE FISHERY 
FUND ADVISORY PANEL.— 
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102 
‘‘(A) IN GENERAL.—To assist in carrying 
out this paragraph, the Secretary shall establish 
and convene an advisory panel under section 
302(g) to evaluate, determine the relative merits 
of, and annually rank applications for grants for 
implementation of approved marine conservation 
plans approved under paragraph (4). The panel 
shall consist of members such that— 
‘‘(i) the Governor of each applicable 
Pacific Insular Area selects one member; 
and 
‘‘(ii) no member shall be a member or 
employee of the Western Pacific Fishery 
Management Council. 
‘‘(B) AWARD
NOT
IN
ACCORDANCE
WITH 
RANK.—If the Secretary awards a grant for a 
project not in accordance with the rank given to 
such project by the advisory panel, the Secretary 
shall provide a detailed written explanation of 
the reasons for such award. 
‘‘(C) NOTICE.—The Secretary shall provide 
to the public timely notice of each meeting of the 
advisory panel. 
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103 
‘‘(D) MINUTES.—Minutes of each meeting of 
the advisory panel shall be kept by the Secretary 
and shall be made available to the public. 
‘‘(E) REPORTS.—The Secretary shall, with 
the assistance of the Western Pacific Sustainable 
Fishery Fund Advisory Panel, submit an annual 
report to Congress identifying any projects that 
were funded in the previous year and the status 
and progress of projects carried out under this 
subsection. 
‘‘(F) EXEMPTION FROM FEDERAL ADVISORY 
COMMITTEE ACT.—The Federal Advisory Com-
mittee Act (5 U.S.C. App) shall not apply to the 
advisory panel.’’. 
SEC. 307. NATIONAL OCEANIC AND ATMOSPHERIC ADMINIS-
TRATION 
SEXUAL 
HARASSMENT 
AND 
AS-
SAULT PREVENTION. 
(a) POLICY ON THE PREVENTION OF AND RESPONSE 
TO SEXUAL HARASSMENT INVOLVING NATIONAL OCEANIC 
AND ATMOSPHERIC ADMINISTRATION PERSONNEL.— 
(1) COVERED PERSONNEL.—Section 3541(a) of 
the National Defense Authorization Act for Fiscal 
Year 2017 (33 U.S.C. 894(a)) is amended— 
(A) by striking ‘‘Not later’’ and inserting 
the following: 
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104 
‘‘(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 required 
by the National Marine Fisheries Service to be 
aboard commercial fishing vessels and other pri-
vately owned vessels, barges, or platforms for— 
‘‘(i) commercial fisheries observation 
required by the Magnuson-Stevens Fishery 
Conservation and Management Act; 
‘‘(ii) protected species or endangered 
species observation required by the Marine 
Mammal Protection Act of 1972 or the En-
dangered Species Act of 1973; or 
‘‘(iii) platform removal observation. 
‘‘(B) Council members, executive and ad-
ministrative staff, and advisory panel and com-
mittee members of regional fishery management 
councils established under section 302 of the 
Magnuson-Stevens Fishery Conservation and 
Management Act. 
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105 
‘‘(C) Federal fishery permit holders and 
staff, crew, employees, and contractors associated 
with federally permitted vessels under the Mag-
nuson-Stevens Fishery Conservation and Man-
agement Act.’’. 
(2) INCLUSION OF EQUAL EMPLOYMENT IN QUAR-
TERLY 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 appears; 
and 
(B) in paragraph (2)— 
(i) by redesignating subparagraphs (C) 
and (D) as subparagraphs (D) and (E), re-
spectively; 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.’’. 
(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: 
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106 
‘‘(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 permanent 
employee of the Administration trained in and re-
sponsible solely for matters relating to sexual assault 
and the comprehensive policy developed under sub-
section (a).’’. 
(B) LOCATION.—Section 3542(c)(4) (33 
U.S.C. 894a(c)(4)) of such Act is amended by in-
serting ‘‘full time’’ after ‘‘stationed’’. 
(c) ANNUAL REPORT ON SEXUAL ASSAULTS, SEXUAL 
HARASSMENT, AND EQUAL EMPLOYMENT.—Section 3548 of 
such Act (33 U.S.C. 894e) is amended— 
(1) by striking the section heading and inserting 
the following: ‘‘ANNUAL REPORT ON SEXUAL AS-
SAULTS, SEXUAL
HARASSMENT, AND
EQUAL 
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107 
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 sta-
tion, unit transfer, and change of work location re-
quests submitted to the Under Secretary under section 
3544(a), including the number of such requests that 
were denied. 
‘‘(6) A summary of the number of cases referred 
to the Coast Guard under section 3550. 
‘‘(7) The number of alleged sexual assaults and 
sexual harassment cases involving fisheries, protected 
species, and endangered species observers, including— 
‘‘(A) a synopsis of each case and the status; 
‘‘(B) the disposition of any investigation; 
and 
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108 
‘‘(C) a description of the fishery manage-
ment region and fishery or the geographic region 
and type of permitted operation in which the as-
sault or harassment is alleged to have occurred, 
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, re-
spectively. 
(2) IN GENERAL.—Subtitle C of title XXXV of 
such Act (33 U.S.C. 894 et seq.) is amended by insert-
ing after section 3547 the following: 
‘‘SEC. 3548. EXCEPTIONS REGARDING ANONYMITY OF SUR-
VIVORS IN CERTAIN CASES. 
‘‘(a) IN GENERAL.—In any case in which an employee, 
member of the commissioned officer corps, or individual 
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 identi-
fying information is authorized to the following persons or 
organizations when disclosure would be for the following 
reasons: 
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‘‘(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 provider, 
when required for the provision of victim services. 
‘‘(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— 
‘‘(1) make reasonable attempts to provide notice 
to the employee, member, or individual whose person-
ally 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 
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Atmosphere, shall develop a mechanism to provide a system 
of restricted reporting. 
‘‘(b) RESTRICTED REPORTING DEFINED.—In this sec-
tion the term ‘restricted reporting’ means a system of re-
porting that allows employees of the National Oceanic and 
Atmospheric Administration, members of the Commissioned 
Officer Corps of the Administration, and individuals who 
work with or conduct business on behalf of the Administra-
tion who are sexually assaulted to confidentially disclose 
the details of such person’s assault to specified individuals 
and receive the services outlined in this subtitle title— 
‘‘(1) without the dissemination of such persons’s 
personally identifying information except as nec-
essary for the provision of such services; and 
‘‘(2) without automatically triggering an inves-
tigative process. 
‘‘SEC. 3550. MARINER REFERRAL. 
‘‘The Under Secretary of Commerce for Oceans and At-
mosphere, acting through the Director of the Office of Ma-
rine 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 Sus-
pension and Revocation National Center of Expertise, the 
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names of personnel of the National Oceanic and Atmos-
pheric 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 section 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 Regulations; and 
‘‘(2) are— 
‘‘(A) employees or contractors of the Admin-
istration required to hold a valid merchant mar-
iner credential as a condition of employment; 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’’; 
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(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 
(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 tables 
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.’’; 
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and 
(B) by striking the items relating to sections 
3548 and 3549 and inserting the following: 
‘‘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 em-
ployment in the National Oceanic and Atmospheric Administra-
tion. 
‘‘Sec. 3552. Sexual assault defined.’’. 
(f) PROHIBITED ACTS.—Section 307(1)(L) (16 U.S.C. 
1857(1)(L)) is amended— 
(1) by striking ‘‘forcibly’’; and 
(2) by striking ‘‘on a vessel’’. 
(g) PROHIBITION ON SERVICE IN THE NATIONAL OCE-
ANIC AND ATMOSPHERIC ADMINISTRATION COMMISSIONED 
OFFICER CORPS BY INDIVIDUALS CONVICTED OF CERTAIN 
SEXUAL OFFENSES.—Section 261(a) of the National Oce-
anic and Atmospheric Administration Commissioned Offi-
cer Corps Act of 2002 (33 U.S.C. 3071(a)) is amended— 
(1) by redesignating paragraphs (4) through (26) 
as paragraphs (5) through (27), respectively; 
(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) Section 657, relating to prohibition on serv-
ice by individuals convicted of certain sexual of-
fenses.’’. 
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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 Fisheries Infor-
mation 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 devel-
opment of user-centric systems, processes, and poli-
cies; 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) INFORMATION FROM EXPERTS.—In carrying out 
this section, the Secretary shall solicit information, as need-
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ed, from data management and technology experts inside 
and outside the government. 
(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 Congress 
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, in-
crease, or improve the amount and accuracy of observer and 
fishery dependent information collected from fisheries while 
reducing costs and logistical difficulties. To achieve opti-
mum yields on a continuing basis while conserving and 
maintaining fisheries and integrating healthy ecosystem 
considerations, managers require reliable, timely data 
across all regions and fishing sectors for conservation, man-
agement, and scientific purposes. To achieve management 
goals especially in the context of climate change, the Na-
tional Oceanic and Atmospheric Administration should 
work to meet evolving management needs and, in collabora-
tion with industry stakeholders, identify appropriate data 
collection technologies and strategies. The National Oceanic 
and Atmospheric Administration should also consider the 
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use of innovative technology in fishery independent data 
collection including stock and habitat assessments and envi-
ronmental conditions. 
(b) 
FISHERY
MANAGEMENT
COUNCILS.—Section 
303(b)(8) (16 U.S.C. 1853(b)(8)) is amended to read as fol-
lows: 
‘‘(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 engaged in 
fishing for species that are subject to the plan 
through— 
‘‘(A) electronic monitoring or other elec-
tronic technology; or 
‘‘(B) observers carried onboard such vessel, 
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 
carrying out observer functions, are so inad-
equate or unsafe that the health or safety of the 
observer 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 re-
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porting or other electronic technology as part of an 
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 pro-
cedures and policies by which information is collected, 
managed, and used to manage fisheries and revise in-
formation collection programs and policies needed to 
integrate data collection and management, improve 
the timeliness, quality, usability, cost-effectiveness, 
and to reduce unnecessary duplication within and 
across fishery management plans and regions. Upon 
the completion of each such review, the Secretary shall 
publish a report for the public describing the findings 
of such review and planned revisions to information 
collection programs.’’. 
(d) ASSESSMENT OF ELECTRONIC TECHNOLOGIES IN 
FISHERIES MANAGEMENT.— 
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(1) IN GENERAL.—The Comptroller General of 
the United States shall, in consultation with the rel-
evant committees of Congress, conduct a review of the 
capabilities of the National Marine Fisheries Service 
with respect to developing, deploying, and using elec-
tronic monitoring and data collection tools to monitor 
fisheries and shall make recommendations to improve 
such capabilities, taking into consideration cost, effi-
ciency, and collaboration with private entities. 
(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 one electronic technologies innovation 
prize to catalyze the rapid development and deployment of 
electronic technology-based data collection to be used in fish-
eries management. Such prize shall focus on one or more 
of the following: 
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(1) Improved fish species recognition software. 
(2) Confidential data management. 
(3) Cost-effective storage of electronic reports, im-
agery, 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 estab-
lish an advisory panel (referred to in this subsection 
as the ‘‘Advisory Panel’’) to inform the Adminis-
trator, the Assistant Administrator for Fisheries, and 
the Regional Fishery Management Councils on devel-
opments in the advancement of electronic technologies 
that can be used in fisheries monitoring, data collec-
tion, and management. 
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(2) APPOINTMENTS.—In appointing individuals 
to the Advisory Panel, the Secretary shall appoint at 
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 2 years 
after the date of enactment of this Act, the Advisory 
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 recommenda-
tion shall include— 
(A) an assessment of how the National Ma-
rine Fisheries Service and electronic technology 
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 
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the Secretary should determine the appropriate 
standards; 
(C) an assessment of whether such perform-
ance standards are likely to spur increased use 
of electronic technologies by the Regional Fishery 
Management Councils; 
(D) an assessment of how such performance 
standards would impact existing regional or 
fishery-specific technologies currently in use and 
recommendations on ensuring continued use or 
improvement of these technologies if such per-
formance standards are established; 
(E) a list of knowledge gaps or additional 
questions the Secretary should consider before 
publishing such performance standards; 
(F) recommendations on ensuring cost effec-
tiveness of electronic technologies for fisheries 
data collection and management; 
(G) recommendations to address data stor-
age problems of electronic technologies; 
(H) recommendations on ownership of data 
collected using electronic technology; and 
(I) recommendations on policies and proce-
dures to develop and implement electronic tech-
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nologies for fisheries data collection and manage-
ment. 
(5) EXEMPTION FROM THE FEDERAL ADVISORY 
COMMITTEES ACT.—The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to the Advisory 
Panel. 
(6) 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 one year after the date of enactment 
of this Act, and annually thereafter, the Secretary shall re-
port to the Committee on Natural Resources of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate, on the National 
Marine Fisheries Service’s progress on prioritizing and im-
proving stock assessments. Such report shall— 
(1) summarize the methods used for assessments 
for all stocks of fish for which a fishery management 
plan is in effect under the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 
et seq.), and explain which stocks have not been as-
sessed, and why; 
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(2) summarize each stock assessment and stock 
assessment update completed during the preceding 
year; 
(3) identify each stock assessment that was 
planned but not completed and explain why such 
stock assessment was not completed; 
(4) include the schedule for all upcoming stock 
assessments and stock assessment updates; 
(5) summarize data and analysis, that, if avail-
able, would reduce uncertainty in and improve the 
accuracy of future stock assessments, including wheth-
er 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 technologies 
for stock assessments data collection; 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),’’; 
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(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 coop-
erative research and management projects to address crit-
ical needs identified by the Councils. Each Council 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 academia for use in such 
projects.’’; 
(3) by amending subsection (c) to read as fol-
lows:— 
‘‘(c) PRIORITIES.—In making funds available the Sec-
retary 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 pri-
ority issues identified by the Councils, and shall give pri-
ority 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 tech-
nology. 
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‘‘(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; 
‘‘(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 tech-
nologies and methods to other nations, or other re-
gional 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 eco-
nomic and social data for which electronic tech-
nologies can be added. 
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‘‘(6) Projects to test and expand electronic tech-
nologies for monitoring, reporting, observer coverage, 
and other functions. 
‘‘(7) Projects that use electronic technologies to 
monitor changing ocean conditions, improve methods, 
support adaptive management, and enhance climate 
resilience in fisheries. 
‘‘(8) Projects designed to identify the impacts of 
anticipated changing ocean conditions, including cli-
mate 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. 
‘‘(10) Projects to better understand shark depre-
dation, what causes increases in the behavior, and 
how to best address the behavior.’’; 
(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 one year after 
the date of enactment of this Act, the Secretary, in 
consultation with the Councils and with input from 
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the public, shall issue guidance to facilitate a trans-
parent, timely, uniform, and regionally based process 
for the development, oversight, and management of co-
operative management agreements. 
‘‘(2) PROCESS
FOR
APPROVAL.—The Secretary 
may use the process developed pursuant to (d) to ap-
prove cooperative management agreements as if such 
agreements are cooperative fishing agreements. 
‘‘(3) PERFORMANCE STANDARDS.—An agreement 
authorized by this subsection shall be subject to per-
formance standards and accountability measures 
specified in a fishery management plan or otherwise 
established by the Secretary, in consultation with the 
Councils, and shall not allow catch in excess of an-
nual catch limits or bycatch in excess of bycatch 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: 
‘‘(h) PUBLIC REPORT OF DATA.—With respect to any 
cooperative research project funded or experimental fishing 
permit issued under this section, the appropriate Council 
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shall publish a report of results and data generated by such 
project or under such permit. 
‘‘(i) PROGRESS REPORT.—Not later than 180 days 
after the date of enactment of this Act, the Assistant Admin-
istrator for Fisheries shall provide a report to Congress on 
progress in implementing the recommendations of the Coop-
erative Research and Cooperative Management Working 
Group report entitled ‘NOAA Technical Memorandum 
NMFS–F/SPO–156’ and published in August 2015 and on 
the development and implementation of any subsequent rec-
ommendations by such Working Group.’’. 
(b) Section 2(a)(8) is amended by inserting ‘‘Fisheries 
management is most effective when it uses the best scientific 
information available, and incorporates such information 
from governmental and nongovernmental sources, including 
State and Federal agency staff, fishermen, fishing commu-
nities, universities, nonprofit organizations, local and tra-
ditional knowledge from Tribes, Indigenous communities, 
and subsistence fishermen, and research institutions. Sci-
entific and statistical committees should consider such in-
formation when seeking the best scientific information 
available to form the basis of conservation and manage-
ment.’’ after ‘‘States.’’. 
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SEC. 405. NORTHEAST REGIONAL PILOT RESEARCH TRAWL 
SURVEY AND STUDY. 
(a) INDUSTRY-BASED PILOT STUDY.—Not later than 
one 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 Monitoring 
and Assessment Program, develop a fishing industry-based 
Northeast regional pilot research trawl survey and study 
to enhance and provide improvement to current National 
Oceanic and Atmospheric Administration vessel trawl sur-
veys. 
(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 Monitoring 
and Assessment Program Southern New Eng-
land/Mid-Atlantic Nearshore Trawl Survey or 
another methodology selected in partnership with 
the National Marine Fisheries Service Northeast 
Fisheries Science Center and the Virginia Insti-
tute of Marine Science as a model for the pilot 
survey; 
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(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 Ad-
ministration trawl surveys; and 
(2) the National Marine Fisheries Service North-
east Fisheries Science Center shall, in partnership 
with the selected Councils and the Virginia Institute 
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 Rep-
resentatives and the Committee on Commerce, 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 Sustaining 
America’s Fisheries for the Future Act of 2022, the Sec-
retary shall establish guidelines for recreational catch data, 
which shall include the development of data standards to 
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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 applicable. The Secretary’s 
guidelines shall consider the relevant recommendations de-
veloped under section 404(e), subsections (g)(4)(C) and (h) 
of section 401, and section 201(b) of the Modernizing Rec-
reational Fisheries Management Act of 2018 (16 U.S.C. 
1881 note). If recreational 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 include the use of calibration meth-
ods, as needed for the timely integration of such data to 
ensure consistent methods and approaches are used for mon-
itoring of catch against the relevant annual catch limits 
and for other fishery science and management purposes.’’. 
(b) RECREATIONAL DATA IMPROVEMENT PROGRAM.— 
Title IV is amended by adding at the end the following: 
‘‘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 
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programs established in subsection 401(g) and promote col-
laboration 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 2022, and not less frequently than 
once every 5 years thereafter, the Secretary shall develop 
and publish in the Federal Register a strategic plan for rec-
reational data improvements for the 5 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); 
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‘‘(6) consider the use and effectiveness of experi-
mental 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 coordina-
tion with the Councils, affected States, and other re-
search and data collection entities, and allow for pub-
lic input. 
‘‘(c) AREAS OF RESEARCH.—In initiating and main-
taining the program, the Secretary shall prioritize research 
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 rec-
reational fishing can more effectively account for dif-
ferences in fishing rate and effort, including among 
fishermen who use private or public access points, 
and fishermen who are State residents or non-resi-
dents. 
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‘‘(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 practices 
for minimizing discard mortality as well as esti-
mation of adoption rates of such practices by fisher-
men. 
‘‘(5) To assess changes in discard mortality esti-
mates when best fishing practices are adequately and 
verifiably applied. 
‘‘(6) Research on how the use of electronic appli-
cations 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 designs. 
‘‘(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- 
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wide regional effort surveys, and species-specific over-
sampling. 
‘‘(d) PUBLIC NOTICE.—In developing the plan re-
quired under subsection (b), the Secretary shall publish a 
proposed plan in the Federal Register for the purpose of 
receiving public comment on the plan. Upon final publica-
tion in the Federal Register, the plan shall be submitted 
by the Secretary to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on 
Natural Resources of the House of Representatives.’’. 
SEC. 407. EMERGENCY OPERATING PLANS. 
(a) IN GENERAL.—The Administrator, not later than 
one 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 develop 
a contingency plan for circumstances that would make fish-
eries monitoring, including human observation, surveys, 
and other data collection to support stock assessments im-
practical. 
(b) REPORT.—Not later than one 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). 
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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— 
(1) in the section heading, by inserting ‘‘ZEKE 
GRADER’’ before ‘‘FISHERIES
CONSERVATION 
AND MANAGEMENT FUND’’; 
(2) in subsection (a), by inserting ‘‘Zeke Grader’’ 
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) of such Act (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 prepare 
and adapt fisheries and fishing communities to the ef-
fects of climate change.’’. 
(c) ALLOCATION.—Section 208(d) of such Act (16 
U.S.C. 1891b(d)) is amended to read as follows: 
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‘‘(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 8 Coun-
cil regions according to recommendations of the Coun-
cils, based on regional priorities identified through 
the Council process. 
‘‘(2) MINIMUM
ALLOCATION.—In the case of 
amounts deposited in the Fund pursuant to sub-
section (c)(2), unless specified otherwise, the Secretary 
shall allocate not less than 5 percent of the Fund in 
each allocation period to each region. 
‘‘(3) SPECIFICALLY APPORTIONED FUNDS.—The 
Secretary may apportion amounts from the Fund to 
a specific project or region if such amounts were iden-
tified by the Council that designated such amounts for 
inclusion in the Fund under subsection (c)(1), or by 
the appropriation Act, State, public source, or non-
profit or organization from which they were received 
under subsection (c)(2), as being deposited for that 
specific project or region.’’. 
(d) REFERENCES.—Any reference in a law, map, regu-
lation, document, paper, or other record of the United 
States to the ‘‘Fisheries Conservation and Management 
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Fund’’ is deemed to be a reference to the ‘‘Zeke Grader Fish-
eries Conservation and Management Fund’’. 
(e) CLERICAL AMENDMENT.—The table of contents for 
the Magnuson-Stevens Fishery Conservation and Manage-
ment Reauthorization Act of 2006 (Public Law 109–479) 
is amended by striking the item relating to section 208 and 
inserting the following: 
‘‘Sec. 208. Zeke Grader Fisheries Conservation and Management Fund.’’. 
SEC. 409. OFFSHORE WIND COLLABORATION. 
The Secretary and the Secretary of the Interior, acting 
through the Bureau of Ocean Energy Management, shall 
enter into a cooperative agreement to fund such survey 
mitigation programs, additional stock assessments, and 
fisheries and marine wildlife research as may be necessary 
as a result of actions by such Bureau related to the develop-
ment of offshore wind energy. 
SEC. 410. SHARK POPULATIONS ANALYSIS. 
Not later than one year after the date of enactment 
of this Act, the Secretary shall enter into an agreement for 
an independent analysis to be done on shark populations 
in the Gulf of Mexico and Atlantic coasts and, before start-
ing the survey, develop a plan to integrate the results of 
this study into the Secretary’s own data sets and fishery 
management measures. 
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TITLE 
V—SUSTAINING 
FISH-
ERIES 
THROUGH 
HEALTHY 
ECOSYSTEMS AND IMPROVED 
MANAGEMENT 
SEC. 501. SENSE OF CONGRESS. 
It is the sense of Congress that protection of essential 
fish habitat ensures healthy and resilient fisheries and ma-
rine ecosystems, particularly as oceans conditions shift due 
to climate change, and that impacts from both fishing gear 
and non-fishing activities should be considered through con-
sistent application of essential fish habitat provisions under 
the Magnuson-Stevens Fishery Conservation and Manage-
ment Act. 
SEC. 502. ESSENTIAL FISH HABITAT CONSULTATION. 
(a) IN GENERAL.—Section 305(b) of the Magnuson- 
Stevens Fishery Conservation and Management Act (16 
U.S.C. 1855(b)) is amended— 
(1) in paragraph (1)(D), by inserting ‘‘and such 
agencies shall take action’’ after ‘‘agencies’’; 
(2) by striking paragraphs (2), (3), and (4); and 
(3) by adding at the end the following: 
‘‘(2) 
CONSULTATIONS
REGARDING
FEDERAL 
AGENCY ACTION WITH ADVERSE EFFECTS ON ESSEN-
TIAL FISH HABITAT.— 
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‘‘(A) REQUIREMENT TO AVOID OR MITIGATE 
ADVERSE EFFECTS.—With respect to any Fed-
eral agency action that may have an adverse ef-
fect on— 
‘‘(i) essential fish habitat, each Federal 
agency shall, in consultation with the Sec-
retary, ensure that any action authorized, 
funded, or undertaken by such agency 
avoids the adverse effect of such action on 
essential fish habitat or, to the extent that 
the adverse effect cannot be avoided, the 
agency shall minimize and mitigate the ad-
verse effect; and 
‘‘(ii) a habitat area of particular con-
cern, each Federal agency shall, in consulta-
tion with the Secretary— 
‘‘(I) for the entire period during 
which such adverse effect is likely to 
occur, monitor or require monitoring 
for such adverse effect; 
‘‘(II) for the entire period during 
which such adverse effect is likely to 
occur, take action to minimize and 
mitigate such adverse effect of the ac-
tion on— 
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‘‘(aa) the habitat area of 
particular concern; and 
‘‘(bb) the species for with re-
spect to which the habitat area of 
particular concern is designated; 
‘‘(III) evaluate the effectiveness of 
measures described in subclause (II) 
and report the results of such evalua-
tion to the Secretary annually. 
‘‘(B) CONSIDERATIONS.—In consulting with 
a Federal agency under subparagraph (A) for 
projects seeking to restore and improve the long- 
term resilience of habitat, particularly in estua-
rine environments heavily impacted by sea level 
rise and other climate change factors, the Sec-
retary shall account for the consequences of not 
pursuing such restoration and habitat resilience 
projects and the long-term positive impacts on 
fish populations of such activities. 
‘‘(C) REGULATIONS.—The Secretary shall 
establish regulations for the consultation process 
required by subparagraph (A), including to en-
sure that recommendations made by the Sec-
retary pursuant to such subparagraph would re-
sult in the avoidance, of adverse effects on essen-
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tial fish habitat and, to the extent adverse effects 
cannot be avoided, the minimization and mitiga-
tion of any such adverse effects. 
‘‘(3) INFORMATION TO COUNCIL.—The Secretary 
shall inform each Council that has authority over an 
affected fishery of any consultation carried out under 
paragraph (2), including information on the proposed 
action and any potential adverse effects, and each 
such Council— 
‘‘(A) may comment on and make rec-
ommendations to the Secretary and any Federal 
or State agency concerning the underlying action 
if, in the view of the Council, such action 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 action 
if, in the view of the Council, such action is like-
ly to adversely affect the habitat of an anad-
romous fishery resource under the authority of 
such Council. 
‘‘(4) INFORMATION FROM OTHER SOURCES.— 
‘‘(A) RECEIPT
OF
INFORMATION.—If the 
Secretary receives information from any source 
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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 adverse 
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 writ-
ing to any Council comment under paragraph 
(3) and the Secretary regarding the matter. 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 adverse effects of the 
action on such essential fish habitat. In the case 
of a response that is inconsistent with the rec-
ommendations of the Secretary, the Federal, 
State, or local agency shall explain how the al-
ternative measures proposed will avoid the ad-
verse effects of such action on essential fish habi-
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tat or, to the extent that adverse effects cannot be 
avoided, minimize and mitigate the adverse ef-
fects. 
‘‘(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. 
‘‘(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 2022 and not less frequently than 
every 5 years thereafter, the Secretary shall sub-
mit a report— 
‘‘(i) describing the effectiveness of 
measures taken by the Secretary to ensure 
the conservation and enhancement of essen-
tial fish habitat; and 
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‘‘(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 en-
hance data collection, research, and moni-
toring 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— 
‘‘(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 adverse 
effects on such habitat caused by fishing, monitor 
efficacy of actions to avoid adverse effects, and 
identify other actions to encourage the conserva-
tion and enhancement of such habitat;’’. 
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(c) PURPOSE.—Section 2(b)(7) (16 U.S.C. 1801(b)(7)) 
is amended by striking ‘‘in the review of projects’’ and in-
serting ‘‘from adverse effects caused by fishing and from 
projects’’. 
(d) HABITAT AREAS OF PARTICULAR CONCERN.—Sec-
tion 3 (16 U.S.C. 1802) is amended— 
(1) by redesignating paragraph (1) as para-
graph (1A); 
(2) by inserting before paragraph (1A), as redes-
ignated, the following: 
‘‘(1) ADVERSE EFFECT.—The term ‘adverse ef-
fect’ means, with respect to essential fish habitat, any 
impact that reduces the quality or quantity of essen-
tial 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 concern’ 
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; 
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‘‘(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 future 
environmental conditions, are or may become 
important to the health of managed species; or 
‘‘(E) are rare.’’. 
SEC. 503. REDUCING BYCATCH. 
(a) MINIMIZING BYCATCH.— 
(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 follows: 
‘‘(9) Conservation and management measures 
shall— 
‘‘(A) minimize bycatch; and 
‘‘(B) to the extent bycatch cannot be avoid-
ed, minimize the mortality of such bycatch.’’. 
(2) 
CONTENTS
OF
FISHERY
MANAGEMENT 
PLANS.—Section 303 (16 U.S.C. 1853) is amended— 
(A) in subsection (a)— 
(i) in paragraph (5), by inserting 
‘‘quantification of bycatch,’’ after ‘‘hauls,’’; 
and 
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(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: 
‘‘(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 3 years 
after the date of enactment of the Sustaining Amer-
ica’s Fisheries for the Future Act of 2022, 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 ef-
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fects of bycatch on relevant fisheries and the eco-
system. 
‘‘(2) METHODOLOGY AND STANDARDS.—The Sec-
retary shall, acting through the program— 
‘‘(A) identify appropriate methodologies 
and standards for collecting and producing sta-
tistically accurate and precise information re-
garding bycatch; and 
‘‘(B) require consistent data reporting, col-
lection, and assessment for all fisheries managed 
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 management 
plan, the Secretary shall require consistent reporting 
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 PROGRAM.— 
(1) IN
GENERAL.—Section 316(a) (16 U.S.C. 
1865(a)) is amended by striking paragraphs (3) and 
(4) and inserting the following: 
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‘‘(3) provide information, outreach, technical as-
sistance, and training to Councils, Tribes, and fishery 
participants that will encourage adoption and use of 
technologies and methods developed under the pro-
gram; and 
‘‘(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 man-
agement plans, actions, and other measures developed 
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 period 
at the end and inserting ‘‘; and’’; and 
(D) by adding at the end the following: 
‘‘(4) includes a description of all bycatch reduc-
tion technologies and methods developed, tested, or 
supported by the Bycatch Reduction Engineering 
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173 
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. HIGHLY MIGRATORY SPECIES. 
Section 304(g)(1) (16 U.S.C. 1854(g)(1)) is amend-
ed— 
(1) in subparagraph (B), by inserting ‘‘a sci-
entific and statistical committee and’’ after ‘‘estab-
lish’’; and 
(2) by amending subparagraph (C) to read as 
follows: 
‘‘(C) for stocks not managed pursuant to the At-
lantic Tunas Convention Act of 1975, develop annual 
catch limits that may not exceed the fishing level rec-
ommendations of the scientific and statistical com-
mittee;’’. 
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