June 4, 2025
Mr. Huffman (for himself, Mr. Moylan, and Mr. Case) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To reauthorize and amend the Magnuson-Stevens Fishery Conservation and Management Act, and for other purposes.
Section 1. Short title
This Act may be cited as the Sustaining America’s Fisheries for the Future Act of 2025
.
Sec. 2. Table of contents
The table of contents for this Act is as follows:
Sec. 3. References
Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
Sec. 4. Definitions
In this Act:
(1) Administrator
The term Administrator means the Administrator of the National Oceanic and Atmospheric Administration.
(2) Council
The term Council has the meaning given the term in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802).
(3) Secretary
The term Secretary means the Secretary of Commerce.
Sec. 5. Gender neutral language
(a)
The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) is amended by striking prepared by him
each place such term appears and inserting prepared by the Secretary
.
(b)
Each of the following provisions is amended by striking he
each place such term appears and inserting the Secretary
:
(1)
Section 201(h)(2) (16 U.S.C. 1821(h)(2)).
(2)
Section 204(b) (16 U.S.C. 1824(b)).
(3)
Section 305(c)(1) (16 U.S.C. 1855(c)(1)).
(4)
Section 306(b)(2) (16 U.S.C. 1856(b)(2)).
(c)
Each of the following provisions is amended by striking his
each place such term appears and inserting the Secretary’s
:
(1)
Section 3(39) (16 U.S.C. 1802(39)).
(2)
Section 204(b)(9) (16 U.S.C. 1824(b)(9)).
(3)
Section 306(b)(1) (16 U.S.C. 1856(b)(1)).
(4)
Section 308(a) (16 U.S.C. 1858(a)).
(d)
Section 201(e)(1)(D) (16 U.S.C. 1821(e)(1)(D)) is amended by striking he
and inserting such Secretary
.
(e)
Section 201(i) (16 U.S.C. 1821(i)) is amended by striking his
and inserting such Governor's
.
(f)
Section 203(c)(5)(C) (16 U.S.C. 1823(c)(5)(C)) is amended by striking his
and inserting the minority leader’s
.
(g)
Sections 204(b)(4)(A) and 302(c)(1)(D) (16 U.S.C. 1824(b)(4)(A) and 1852(c)(1)(D)) are each amended by striking his
and inserting such Secretary’s
.
(h)
Subsections (b)(1)(B) and (c)(1)(A) of section 302 (16 U.S.C. 1852(b)(1)(B) and (c)(1)(A)) are each amended by striking his
and inserting such director’s
.
(i)
Section 302(c)(1)(B) (16 U.S.C. 1852(c)(1)(B)) is amended by striking his
and inserting such commander’s
.
(j)
Section 302(c)(1)(C) (16 U.S.C. 1852(c)(1)(C)) is amended by striking his
and inserting such executive director’s
.
(k)
Section 302(f)(4) (16 U.S.C. 1852(f)(4)) is amended by striking he
and inserting the Administrator of General Services
.
(l)
Section 302(j)(4) (16 U.S.C. 1852(j)(4)) is amended by striking his or her
and inserting such individual’s
.
(m)
Section 302(j)(7)(D) (16 U.S.C. 1852(j)(7)(D)) is amended by striking he or she
each place such term appears and inserting such individual
.
(n)
Section 309(a) (16 U.S.C. 1859(a)) is amended by striking he
and inserting such person
.
(o)
Section 311(b)(1)(A)(i) (16 U.S.C. 1861(b)(1)(A)(i)) is amended by striking he
and inserting such officer
.
(p)
Section 311(b)(2) (16 U.S.C. 1861(b)(2)) is amended—
(1)
by striking he
and inserting such person
; and
(2)
by striking his
and inserting such person’s
.
Sec. 6. Conforming amendments to table of contents of Magnuson-Stevens Fishery Conservation and Management Act
The table of contents is amended to read as follows:
Title I Climate-Ready Fisheries
Sec. 101. Findings, purposes, and policy
Section 2 (16 U.S.C. 1801) is amended—
(1)
in subsection (a)—
(A)
by amending paragraph (2) to read as follows:
(2)
Certain stocks of fish have declined to the point where their survival is threatened, and other stocks of fish have been so substantially reduced in number that they could become similarly threatened as a consequence of—
(A)
increased fishing pressure;
(B)
inadequate fishery resource conservation and management practices and controls;
(C)
direct and indirect habitat losses that result in a diminished capacity to support existing fishing levels; or
(D)
changing environmental conditions, including those associated with climate change.;
(B)
in paragraph (6), by striking to insure conservation,
and inserting to ensure conservation, to account for the impacts of environmental changes on stocks of fish,
;
(C)
by amending paragraph (9) to read as follows:
(9)
One of the greatest long-term threats to the viability of commercial and recreational fisheries is the continuing degradation of marine ecosystems, including the loss of marine, estuarine, and other aquatic habitats, including as a result of changing environmental conditions associated with climate change. Habitat and ecosystem considerations should receive increased attention for the conservation and management of fishery resources of the United States. ; and
(D)
by adding at the end the following:
(14)
Environmental changes associated with climate change, including changes in water temperature, ocean acidification, and deoxygenation, are rapidly altering the abundance, productivity, and distribution of fish and are affecting commercial, recreational, and subsistence fisheries.
(15)
The impacts of climate change on fish and their habitats are resulting in management and sustainability challenges that threaten to negatively impact marine ecosystems, fishery resources, and coastal communities.
(16)
Many factors beyond the direct impacts of fishing can contribute to a decline in abundance of a stock of fish, resulting in depleted stocks of fish and threatening the stability of ecosystems and fishing communities, including climate change, pollution, habitat and watershed degradation, inadequate freshwater resources, and industrial uses of the ocean. The designation of a stock of fish as overfished indicates that it is depleted and management actions are necessary to allow the stock of fish to rebuild, regardless of the cause of depletion.;
(2)
in subsection (b), by amending paragraph (5) to read as follows:
(5)
to establish Regional Fishery Management Councils to exercise sound judgement in the stewardship of fishery resources through the preparation, monitoring, and revision of such plans under circumstances—
(A)
which will enable the States, the fishing industry, consumer and environmental organizations, and other interested persons to participate in, and advise on, the establishment and administration of such plans;
(B)
which take into account the social and economic needs of the States; and
(C)
which address the impacts of environmental conditions associated with climate change on stocks of fish, marine ecosystems, fisheries management, and coastal communities;; and
(3)
in subsection (c)—
(A)
in paragraph (6), by striking and
at the end;
(B)
in paragraph (7), by striking the period at the end and inserting a semicolon; and
(C)
by adding at the end the following:
(8)
to promote management that accounts for changes in stocks of fish and the marine environment that result from climate change; and
(9)
to ensure that the research, resource management, and expenditures to prepare fisheries and fishing communities for climate change include indigenous, insular, and coastal populations in decisionmaking and promote equity with respect to environmental, economic, and social outcomes across fisheries and regions.
Sec. 102. Promoting climate resilience in fisheries management
(a) In general
Section 303(a) (16 U.S.C. 1853(a)) is amended—
(1)
in paragraph (1)(A)—
(A)
by striking and
before to protect
; and
(B)
by inserting , and to promote the resilience of stocks of fish to cumulative stressors, including cumulative stressors associated with climate change
before the semicolon at the end;
(2)
in paragraph (3), by inserting including considering the impacts of climate change,
after fishery,
;
(3)
in paragraph (8), by striking 1991
and inserting 2025
, and by inserting , including data needed to implement the plan effectively under prevailing and anticipated environmental or ecological conditions, including climate change
before the semicolon at the end;
(4)
in paragraph (13), by inserting as well as examine the vulnerability of the fishery and fishery participants to the impacts of prevailing and anticipated environmental or ecological conditions, including climate change
before the semicolon at the end;
(5)
in paragraph (14), by striking and;
and inserting a semicolon;
(6)
in paragraph (15), by striking the period at the end and inserting a semicolon; and
(7)
by adding at the end the following:
(16)
assess and describe the anticipated impacts of climate change and other environmental and ecological changes on the fishery, including an assessment of whether and how the management measures contained in the plan or plan amendment have accounted for such impacts, and a summary of the information used in such assessment; and
(17)
describe and identify the current range and distribution of, and fishing patterns on, each stock of fish managed under the plan, including areas outside the jurisdiction of the Council having authority to issue the plan, and for each stock of fish the distribution of which crosses management boundaries, describe the measures used to coordinate with other relevant management bodies for the conservation and management of each such stock of fish.
(b) Increasing resilience of stocks of fish to climate change
Title III (16 U.S.C. 1851 et seq.) is amended by adding at the end the following:
322. Increasing resilience of stocks of fish to climate change
(a) Vulnerability assessment
Not later than 3 years after the date of the enactment of the Sustaining America’s Fisheries for the Future Act of 2025, and every 5 years thereafter, the Secretary shall—
(1)
assess the vulnerability of stocks of fish within the geographical area of authority of each Council to climate change;
(2)
notify each Council of the vulnerability of stocks of fish within such geographical area; and
(3)
make recommendations to each Council for measures to increase the resilience of stocks of fish within such geographical area identified as vulnerable to climate change.
(b) Council prioritization plans
(1) In general
Not later than 1 year after receiving a notification from the Secretary under subsection (a), each Council shall publish a plan identifying management actions to increase resilience of the stocks of fish identified as vulnerable to climate change and begin implementing such management actions.
(2) Highly migratory species
With respect to stocks of fish managed under section 302(a)(3), not later than 1 year after issuing a notification under subsection (a), the Secretary shall publish a plan identifying management actions to increase resilience of such stocks of fish identified as vulnerable to climate change and begin implementing such management actions.
(3) Report
Not later than 3 years after publishing a plan under paragraph (1), each Council shall report to the Secretary on the actions the Council has taken to implement such plan or provide an explanation for not taking such action.
(c) Report to Congress
Not later than 3 years after the date of the enactment of the Sustaining America’s Fisheries for the Future Act of 2025, and every 5 years thereafter, the Secretary shall submit to Congress a report—
(1)
describing the vulnerability of stocks of fish to climate change;
(2)
identifying the risks posed by climate change to the conservation and management of stocks of fish; and
(3)
summarizing the steps taken by the Secretary and the Councils to mitigate and address the impacts on and risks of climate change to stocks of fish.
(c) Guidance for Councils
Section 305 (16 U.S.C. 1855) is amended by adding at the end the following:
(l) Guidance
Not later than 2 years after the date of the enactment of the Sustaining America’s Fisheries for the Future Act of 2025, the Secretary shall issue guidelines to assist the Councils in preparing and adapting fishery management for the impacts of climate change, including for consideration of climate change in the conservation and management of stocks of fish under the geographical area of authority of each Council.
(d) Effective date
The amendments made by subsection (a) shall take effect on the date that is 4 years after the date of the enactment of this section.
Sec. 103. Incorporating climate science
(a) Council training program
Section 302(k)(1) (16 U.S.C. 1852(k)(1)) is amended—
(1)
by redesignating subparagraphs (C) through (H) as subparagraphs (D) through (I), respectively;
(2)
by redesignating subparagraph (I) as subparagraph (K);
(3)
by inserting after subparagraph (B) the following:
(C)
climate change and relevant impacts of climate change on fisheries health, range, and other factors that would affect the conservation and management of a stock of fish;;
(4)
by striking and
after the semicolon at the end of subparagraph (I), as so redesignated; and
(5)
by inserting after subparagraph (I), as so redesignated, the following:
(J)
ecosystem-based fishery management; and
(b) Fisheries research
Section 404 (16 U.S.C. 1881c) is amended—
(1)
in subsection (a), by inserting , on changes in geographic range, spatial distribution, and productivity of a fishery or interrelated fisheries,
after management
; and
(2)
in subsection (c)(1), by inserting changes in geographic range, spatial distribution, and productivity of a fishery or interrelated fisheries,
after degradation,
.
Sec. 104. Climate-ready fisheries innovation program
(a) In general
Not later than 1 year after the date of the enactment of this section, the Administrator shall establish a program to develop innovative tools and approaches designed to increase the adaptive capacity of fishery management to the impacts of climate change.
(b) Duties
In carrying out the program established under subsection (a), the Administrator shall—
(1)
develop science and management tools and approaches that address regional and national priorities to improve the conservation and management of fishery resources under existing and anticipated climate impacts;
(2)
provide for routine input from fishery managers and scientists in order to maximize opportunities to incorporate results of the program in fishery management actions;
(3)
promote adoption of methods developed under the program in fishery management plans developed by the Councils;
(4)
provide information and outreach to the private and academic sectors to encourage development and operationalization of tools and approaches to manage the effects of climate change on fisheries; and
(5)
provide information and outreach to fishery participants to increase understanding and encourage adoption and use of tools and approaches developed under the program.
(c) Coordination of program
(1) In general
In carrying out the program established under subsection (a), the Administrator shall establish a process to ensure coordination with and outreach to—
(A)
regional offices and science centers of the National Marine Fisheries Service;
(B)
the Councils;
(C)
the scientific and statistical committees of the Councils; and
(D)
the heads of other relevant programs, including the cooperative research and management program established under section 318 (16 U.S.C. 1867), the Integrated Ocean Observing System, and programs within the National Oceanic and Atmospheric Administration designed to address ocean acidification.
(2) Identification of research priorities
(A) In general
Coordination carried out under paragraph (1) should include identification of multiyear research priorities to study and understand the current and anticipated impacts of climate change on fisheries, fisheries interactions, habitats, fishery participants, fishing communities, seafood markets, fisheries science and monitoring, or other relevant priorities.
(B) Review
The Administrator, in coordination with the entities described in subparagraphs (A) through (D) of paragraph (1), should routinely review the priorities identified under subparagraph (A) in a timeframe not to exceed 5 years and updated as necessary.
(d) Authorization of appropriations
There is authorized to be appropriated to the Administrator to carry out this section $5,000,000 for each of fiscal years 2026 through 2030.
Sec. 105. Managing shifting stocks of fish
(a) Cross-Jurisdictional management
Section 304(f) (16 U.S.C. 1854(f)) is amended to read as follows:
(f) Fisheries under authority of more than 1 Council
(1) Secretarial review of areas of authority
The Secretary shall review the geographical area of authority of each Council to determine if a substantial portion of any federally managed fishery within such area is within the area of authority of another council—
(A)
upon request of such Council; or
(B)
not less frequently than every 5 years.
(2) Designation of Council to prepare plan
If the Secretary determines under paragraph (1) that a substantial portion of a federally managed fishery is located in the geographical area of authority of more than 1 Council, the Secretary shall, not later than 6 months after making such determination—
(A)
designate 1 of the Councils concerned to prepare the fishery management plan for such fishery and any amendment to such plan, if required under this Act; or
(B)
designate that such plan and any such amendment, if required under this Act, be prepared jointly by the Councils concerned.
(3) Deadline for submission of plan
Not later than 2 years after the Secretary makes a designation under paragraph (2), the designated Council or Councils shall prepare and submit a fishery management plan or amendment in accordance with this Act.
(4) Termination of cross-jurisdictional authority
(A) Request of Council
At the request of a Council or as a result of the review pursuant to paragraph (1), the Secretary shall determine whether a fishery described in paragraph (2) no longer has a substantial portion of such fishery located in the geographical area of authority of more than 1 Council.
(B) Termination
(i) In general
If the Secretary determines under subparagraph (A) that a fishery described in paragraph (2) no longer has a substantial portion of such fishery located in the geographical area of authority of more than 1 Council—
(I)
the Secretary shall determine which Council has predominant geographic authority over the fishery; and
(II)
not later than 2 years after the date on which the determination under subclause (I) is made, and at such other times as required under this Act, the Council determined under such subclause shall adopt any existing fishery management plan for the fishery and shall prepare and submit any plan amendments necessary for transitioning to single-Council management as well as for any other purposes, in accordance with the provisions of this Act.
(ii) Repeal of prior plan
Notwithstanding subsection (h), upon the date of adoption of a fishery management plan under clause (i)(II), any preceding fishery management plan with respect to such fishery is repealed.
(5) Establishment of criteria
The Secretary shall by regulation identify criteria for determining under paragraphs (1) and (5) whether a substantial portion of a federally managed fishery is located in the geographical area of authority of more than 1 Council.
(6) Establishment of boundaries
The Secretary shall establish the boundaries between the geographical areas of authority of adjacent Councils.
(7) Requirement for majority of voting members
No jointly prepared plan or amendment required to be prepared under this subsection may be submitted to the Secretary unless such plan or amendment is approved by a majority of the voting members, present and voting, of each Council concerned.
(8) Highly migratory species in certain fisheries
This subsection does not apply with respect to any fishery to which section 302(a)(3) applies.
(b) International cooperation in the research and management of cross-Jurisdictional fisheries
(1) In general
The Secretary, in coordination with the Secretary of State where necessary, shall develop a strategy for coordinated research and management with other relevant nations with which the United States shares stocks of fish that are currently experiencing or are expected to experience shifts in geographic range or spatial distribution that spans or will span international boundaries, including within the same life stage or across life stages.
(2) Report
Not later than 2 years after the date of the enactment of this section, the Secretary shall submit to the Congress a report that includes—
(A)
a list of fisheries that are currently experiencing or are expected to experience shifts in geographic range or spatial distribution that spans or will span international boundaries and the relevant countries for each fishery or stock of a fishery’s current or expected range and the relevant regional fisheries management organization or other international organizations or agreement with authority over the management of each fishery or stock of fish;
(B)
an analysis of priority research needs for each of these fisheries or stocks of fisheries that should be coordinated with other affected nations and relevant international management organizations; and
(C)
a 5-year strategy to undertake and complete such research, including a proposed budget and timeline for that work.
Sec. 106. Emerging fisheries
Section 305(a) (16 U.S.C. 1855(a)) is amended—
(1)
in the subsection heading, by striking notification of entry
and inserting development of new fisheries
;
(2)
in paragraph (1) to read as follows:
(1)
The Secretary shall publish in the Federal Register, subject to paragraph (3), and after notice and an opportunity for public comment—
(A)
a list of all fisheries managed under this Act, organized by Federal region (or Secretarial management under section 302(a)(3), as applicable); and
(B)
with respect to each such fishery—
(i)
the types of fishing gear authorized for use in such fishery;
(ii)
the jurisdiction (State, Federal, interstate, or otherwise) exercising management authority over such fishery;
(iii)
whether a fishery management plan or analogous management structure exists for the fishery; and
(iv)
the species authorized to be caught and retained in such fishery. ;
(3)
in paragraph (2), by striking determining
and all that follows through the end of the paragraph and inserting determining—
(A)
when a fishery is sufficiently different from those listed as to constitute a new fishery; and
(B)
minimum criteria for a fishery to be considered managed under paragraph (1)(A), which, for federally managed fisheries, must include having a fishery management plan and associated regulations under this Act.;
(4)
by redesignating paragraph (6) as paragraph (7); and
(5)
by striking paragraphs (3), (4), and (5) and inserting the following:
(3)
Not later than 2 years after the date of the enactment of the Sustaining America’s Fisheries for the Future Act of 2025, and at least once every 5 years thereafter, each Council (or the Secretary for fisheries to which section 302(a)(3) applies) shall review the fisheries for which the Council is responsible on the list published under paragraph (1)(A) and submit to the Secretary proposed changes to such list in specific and narrow terms, including geographic range, to ensure that only managed fisheries are included on such list.
(4)
The Secretary shall review proposed changes pursuant to the guidelines established under paragraph (2) and publish a revised list, after notice and an opportunity for public comment.
(5)
The Secretary may permit, pursuant to section 318(d), on a limited interim basis, fishing activity that is not included on the list, if—
(A)
the experimental fishing permit is designed and implemented so as to yield information necessary and currently lacking for the development of a fishery management plan or amendment to such plan under section 302(h)(1) and section 303;
(B)
the Secretary collects, evaluates, and, notwithstanding section 402(b), makes public the data generated by the experimental fishing activity at the end of each permit year, and based on such evaluation, the Council renders a determination of whether the fishing activity should be continued, either in the form of a subsequent year of experimental fishing under this paragraph, or in the form of a fishery managed under a fishery management plan pursuant to section 302(h)(1) and section 303; and
(C)
the data collected from, and the evaluation of the Secretary of, the fishing activity are included in any fishery management plan or amendment that is prepared for management of the fishing activity.
(6)
No person or vessel may employ fishing gear or engage in a fishery not included on the list except as provided in paragraph (4). A Council may request the Secretary to promulgate emergency regulations under subsection (c) to prohibit any persons or vessels from using an unlisted fishing gear or engaging in an unlisted fishery.
Sec. 107. Report regarding inshore and shallow water mobile gear fishing
Not later than 1 year after the date of the enactment of this title, the Secretary shall conduct a study and submit to Congress, the Councils, State fisheries managers, and the regional Marine Fisheries Commissions a report regarding the effects of inshore and shallow water mobile gear fishing on habitat and nontarget species and the effects it has between interstate boundaries and Federal and State waters.
Title II Supporting fishing communities
Sec. 201. Subsistence fishing
(a) Purposes
Section 2(b)(3) (16 U.S.C. 1801(b)(3)) is amended by inserting , subsistence,
after commercial
.
(b) Definition of subsistence fishing
Section 3 (16 U.S.C. 1802) is amended by inserting after paragraph (42) the following:
(42A)
(A) Subsistence fishing
The term subsistence fishing means fishing in which the fish harvested are intended for customary and traditional uses, including—
(i)
for direct or sharing personal, family, or community consumption, including as food, shelter, clothing, or tools;
(ii)
for the making or selling of handicraft articles out of nonedible byproducts of subsistence fishing;
(iii)
for barter; and
(iv)
for customary trade.
(B)
In this paragraph—
(i)
the term family means all persons related by blood, marriage, or adoption, or any person living within the household on a permanent basis; and
(ii)
the term barter means the exchange of a fish or fish part harvested through subsistence fishing—
(I)
for another fish or fish part; or
(II)
for other food or for nonedible items other than money if the exchange is of a limited and noncommercial nature.
Sec. 202. Working Waterfronts Grant Program
The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is amended by inserting after section 306A of that Act (16 U.S.C. 1455a) the following:
306B. Working waterfronts
(a) Task Force
(1) In general
The Secretary shall establish a task force to work directly with covered entities, users of working waterfronts, and coastal stakeholders to identify and address critical needs with respect to working waterfronts.
(2) Membership
The Secretary shall appoint members of the Task Force, and shall include—
(A)
experts in the unique economic, social, cultural, ecological, geographic, and resource concerns of working waterfronts; and
(B)
representatives from—
(i)
the Office of Coastal Management of the National Oceanic and Atmospheric Administration;
(ii)
the United States Fish and Wildlife Service;
(iii)
the Department of Agriculture;
(iv)
the Environmental Protection Agency;
(v)
the United States Geological Survey;
(vi)
the Department of the Navy;
(vii)
the National Marine Fisheries Service;
(viii)
the Economic Development Administration;
(ix)
such other Federal agencies as the Secretary determines appropriate;
(x)
Indian Tribes; and
(xi)
Native Hawaiian organizations.
(3) Functions
The Task Force shall—
(A)
identify and prioritize critical needs with respect to working waterfronts in coastal states that have a management program approved under section 306, in the areas of—
(i)
economic and cultural importance of such working waterfronts to communities;
(ii)
changing circumstances and threats such working waterfronts face from trade barriers and environmental changes, including sea level rise, extreme weather events, ocean acidification, and harmful algal blooms; and
(iii)
identifying such working waterfronts and highlighting them within communities;
(B)
outline options, in consultation with coastal states and coastal stakeholders, to address each critical need identified under subparagraph (A), including adaptation and mitigation options where applicable;
(C)
identify which Federal agency is responsible for addressing each critical need identified under subparagraph (A); and
(D)
recommend which Federal agency is best suited to address each critical need identified under subparagraph (A) for which no responsible Federal agency is identified under subparagraph (C).
(4) Report
Not later than 18 months after the date of the enactment of this section, the Task Force shall submit to Congress a report regarding the findings of the Task Force under this subsection.
(5) Implementation
Not later than 30 months after the date of the enactment of this section, the head of each Federal agency identified under paragraph (3)(C) shall, to the extent practicable and subject to the availability of appropriations, implement the options outlined under paragraph (3)(B).
(b) Working waterfronts plan
(1) In general
A covered entity may submit to the Secretary a working waterfronts plan for approval under this subsection, which, as applicable and with respect to the covered entity—
(A)
shall—
(i)
provide for the preservation and expansion of access to coastal waters by coastal users;
(ii)
be complementary to and incorporate the policies, objectives, and regulations of regional and local working waterfronts plans or strategies in effect before the date of the enactment of this section;
(iii)
be developed through a process that—
(I)
ensures the involvement of coastal stakeholders; and
(II)
is consistent with other coastal management programs, regulations, and activities of the covered entity;
(iv)
designate each qualified holder of the covered entity, if any;
(v)
if the covered entity designates a qualified holder under clause (iv)—
(I)
ensure that such qualified holder complies with the duty of a qualified holder to enforce each working waterfront covenant to which the qualified holder is a party; and
(II)
certify that the covered entity retains the responsibility to ensure that each affected working waterfront is managed in a manner that is consistent with the working waterfronts plan of the covered entity; and
(vi)
include—
(I)
an assessment of the economic, social, cultural, and historical value of working waterfronts;
(II)
a description of any relevant non-Federal laws and regulations that affect working waterfronts in the geographic areas identified under subclauses (III) and (IV);
(III)
an identification of geographic areas where working waterfronts are, as of the date of the enactment of this subsection, under threat of conversion to uses incompatible with commercial and recreational fishing, recreational fishing and boating businesses, aquaculture, boatbuilding, or other water-dependent, coastal-related business, and the level of that threat;
(IV)
an identification of geographic areas with a historical connection to working waterfronts where working waterfronts are not, as of the date of the enactment of this section, available, and, where appropriate, an assessment of the environmental impacts of any expansion or new development of working waterfronts on the coastal ecosystems of such geographic areas;
(V)
an identification of additional working waterfronts needs, including improvements to existing working waterfronts;
(VI)
a strategic and prioritized plan for the preservation, expansion, and improvement of each relevant working waterfront;
(VII)
for geographic areas identified under subclauses (III) and (IV), an identification of the current availability and potential for expansion of public access to coastal waters in such geographic areas;
(VIII)
a description of the degree of community support for the plan included under subclause (VI); and
(IX)
a contingency plan for any property that reverts to the covered entity pursuant to a determination made by the covered entity under subsection (c)(11)(B); and
(B)
may—
(i)
be developed using existing information contained in relevant surveys, plans, or other documents to fulfill the information requirements under this paragraph;
(ii)
include a vulnerability assessment, hazards resilience plan, or identification of waterfront properties exposed to sea level rise or inundation; and
(iii)
be part of a management program approved under section 306.
(2) Duration of approval
(A) In general
A working waterfronts plan approved by the Secretary under this subsection shall be effective during the 5-year period beginning on the date of such approval.
(B) Maintenance of approval
An eligible covered entity that participates in the grant program on the basis of an approved working waterfronts plan of that eligible covered entity shall resubmit such working waterfronts plan for approval by the Secretary before the end of each 5-year period described in subparagraph (A).
(c) Working Waterfronts Grant Program
(1) In general
The Secretary shall, in consultation with covered entities, Federal agencies the Secretary determines appropriate, and interested coastal stakeholders with expertise in working waterfronts planning, establish a regionally equitable and competitive grant program, to be known as the
Working Waterfronts Grant Program.(2) Uses
The Secretary may award grants under this subsection to eligible covered entities—
(A)
to implement or revise an approved working waterfronts plan of such eligible covered entity, including—
(i)
acquiring a working waterfront or an interest in a working waterfront;
(ii)
making improvements to a working waterfront, including constructing or repairing wharfs, boat ramps, or related facilities; or
(iii)
carrying out necessary climate adaptation mitigation activities for a working waterfront; or
(B)
to develop a working waterfronts plan of such eligible covered entity under subsection (b).
(3) Application
(A) In general
To be eligible for a grant under this subsection, an eligible covered entity shall submit an application to the Secretary—
(i)
that, if applicable, is consistent with the management program of the eligible covered entity approved under section 306; and
(ii)
in such form, at such time, and containing such information as the Secretary determines appropriate.
(B) Deadline
Not later than 60 days after the date on which the Secretary receives an application for a grant under this paragraph, the Secretary shall approve or reject such application.
(4) Guidelines
The Secretary shall, in consultation with the entities described in paragraph (1), issue guidelines regarding the implementation of the grant program.
(5) Criteria
In awarding a grant to an eligible covered entity, the Secretary shall take into account the following criteria:
(A)
The economic, cultural, and historical significance of working waterfronts to the eligible covered entity.
(B)
The demonstrated working waterfronts needs of the eligible covered entity, as described in the approved working waterfronts plan of the eligible covered entity, if any.
(C)
The ability of the eligible covered entity to meet the matching requirement under paragraph (10).
(D)
The potential for rapid turnover in the ownership of relevant working waterfronts, and, if applicable, the need for the eligible covered entity to respond quickly when property in an existing or potential working waterfront area or public access area, as identified in the approved working waterfronts plan of the eligible covered entity, if any, comes under threat of conversion to incompatible uses or becomes available for purchase.
(E)
As applicable, the impact of the approved working waterfronts plan of the eligible covered entity, if any, on the coastal ecosystem and working waterfronts of the eligible covered entity and the users of the coastal ecosystem of the eligible covered entity.
(6) Other technical and financial assistance
(A) In general
Upon the request of an eligible covered entity that is awarded a grant under this subsection, the Secretary shall provide to such eligible covered entity technical assistance—
(i)
to identify and obtain sources of Federal technical or financial assistance other than that provided under this subsection to develop a working waterfronts plan for approval under subsection (b) or to implement or revise an approved working waterfronts plan;
(ii)
to develop a working waterfronts plan for approval under subsection (b);
(iii)
to implement or revise an approved working waterfronts plan;
(iv)
to integrate resilience planning into working waterfronts preservation efforts of such eligible covered entity;
(v)
to develop additional tools to protect working waterfronts;
(vi)
regarding guidance for best storm water management practices with regard to working waterfronts; or
(vii)
to collect and disseminate best practices regarding working waterfronts and resilience planning.
(B) Limitation
The Secretary may use not more than 5 percent of the amounts made available under this subsection in each fiscal year to provide technical assistance under this paragraph.
(7) Public access requirement
A project carried out with a grant awarded under this subsection, other than a project that involves commercial fishing or other industrial access points to which the eligible covered entity determines public access would be unsafe, shall provide for the expansion, improvement, or preservation of reasonable and appropriate public access to coastal waters at or in the vicinity of working waterfronts.
(8) Limitation on acquisition
An eligible covered entity that is awarded a grant under this subsection, or any entity to which such eligible covered entity allocates a portion of such grant under paragraph (9), may use such grant award to acquire title to or an interest in a working waterfront, including an easement, only—
(A)
for fair market value from a willing seller; or
(B)
for less than fair market value from a seller that certifies to the Secretary that the seller is willing and is not subject to coercion.
(9) Allocation
(A) In general
An eligible covered entity that is awarded a grant under this subsection may allocate a portion of such grant award to a unit of State or local government, a nonprofit organization, a fishing cooperative, or any other appropriate entity for the purpose of carrying out this subsection if such eligible covered entity ensures that any such allocated grant award is used consistently with this subsection.
(B) Identified working waterfronts
The Secretary shall encourage each eligible covered entity that is awarded a grant under this subsection to equitably allocate such grant award among working waterfronts identified in the approved working waterfronts plan of each such eligible covered entity, if any.
(10) Matching requirement
(A) In general
Except as provided in subparagraph (B), the Federal share of a project carried out with a grant awarded under this subsection may not exceed 75 percent.
(B) Waiver of matching requirement
The Secretary may waive the application of subparagraph (A)—
(i)
with respect to an eligible covered entity that is awarded a grant under this subsection that has designated a qualified holder that is located within—
(I)
a disadvantaged community; or
(II)
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
(ii)
for any other reason the Secretary determines appropriate.
(C) Non-Federal share
An eligible covered entity that is awarded a grant under this subsection may satisfy the non-Federal share of a project carried out with a grant awarded under this subsection through in-kind contributions and other noncash support, including the following:
(i)
The value, as determined by an appraisal performed at such time before the award of the grant as the Secretary determines appropriate, of a working waterfront or an interest in a working waterfront, including conservation and other easements, that is held in perpetuity by a qualified holder, if the working waterfront or interest in a working waterfront—
(I)
is identified in the grant application; and
(II)
is acquired by the qualified holder not later than 3 years after—
(aa)
the grant award date; or
(bb)
the date of the submission of such application and before the end of the initial 5-year period for which the approved working waterfronts plan associated with the grant application, if any, is effective.
(ii)
The costs, including cash or in-kind contributions, associated with the acquisition, restoration, or enhancement of, or making other improvements to, a working waterfront or an interest in a working waterfront, if—
(I)
such costs are identified in the grant application; and
(II)
the costs are incurred—
(aa)
before the end of the initial 5-year period for which the approved working waterfronts plan associated with the grant application, if any, is effective; or
(bb)
for working waterfronts described in clause (i), within the time limits described in that clause.
(11) Working waterfront covenants
(A) In general
An eligible covered entity that is awarded a grant under this subsection may use such grant award with respect to a working waterfront only for which each person other than the eligible covered entity that holds title to or an interest in such working waterfront enters into a working waterfront covenant.
(B) Violation
(i) In general
An eligible covered entity may determine, on the record after an opportunity for a hearing, that a working waterfront covenant of the eligible covered entity has been violated.
(ii) Reversion; conveyance; right of immediate entry
If an eligible covered entity makes a determination under clause (i) that a violation described under that clause has occurred—
(I)
all right, title, and interest in and to the working waterfront covered by the violated working waterfront covenant shall revert to the eligible covered entity;
(II)
the eligible covered entity may convey the working waterfront or interest in the working waterfront to a qualified holder; and
(III)
the eligible covered entity shall have the right of immediate entry onto the working waterfront covered by the violated working waterfront covenant.
(12) Terms and conditions
The Secretary shall subject each grant awarded under this subsection to such terms and conditions as the Secretary determines appropriate to ensure that each such grant is used for purposes consistent with this section.
(13) Report
(A) In general
The Secretary shall biennially submit to Congress a report regarding the implementation of this subsection, which shall include—
(i)
an evaluation, based on performance measures developed by the Secretary, of the effectiveness of the grant program in accomplishing the purposes of this subsection;
(ii)
an account of all expenditures under this subsection; and
(iii)
descriptions of each project carried out using a grant awarded under this section.
(B) Alternative manner of submission
The Secretary may submit each report required under subparagraph (A) by including the information required under that subparagraph in each report required under section 316.
(14) Administrative expenses
The Secretary may use not more than 5 percent of the amounts made available under this subsection in each fiscal year to pay the administrative expenses necessary to carry out this subsection.
(15) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this subsection $50,000,000 for each of fiscal years 2026 through 2030.
(d) Definitions
In this section:
(1) Approved working waterfronts plan
The term approved working waterfronts plan means a working waterfronts plan that is approved by the Secretary under subsection (b).
(2) Coastal Indian Tribe
The term coastal Indian Tribe means an Indian Tribe with respect to which land owned by the Indian Tribe, held in trust by the United States for the Indian Tribe, or held by the Indian Tribe and subject to restrictions on alienation imposed by the United States or the reservation of the Indian Tribe is located within a coastal state.
(3) Coastal users
The term coastal users means—
(A)
persons that engage in commercial or recreational fishing;
(B)
recreational fishing and boating businesses; and
(C)
boatbuilding, aquaculture, and other water-dependent, coastal-related businesses.
(4) Covered entity
The term covered entity means—
(A)
a coastal state;
(B)
a coastal Indian Tribe; or
(C)
a Native Hawaiian organization.
(5) Eligible covered entity
The term eligible covered entity means a covered entity that—
(A)
has an approved working waterfronts plan;
(B)
is in the process of developing a working waterfronts plan for approval under subsection (b); or
(C)
has a coastal land use plan that the Secretary determines is sufficient for the purposes of this section.
(6) Grant program
The term grant program means the grant program established under subsection (c).
(7) Indian Tribe
The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(8) Native Hawaiian organization
The term Native Hawaiian organization means a nonprofit organization—
(A)
that serves the interests of Native Hawaiians;
(B)
in which Native Hawaiians serve in substantive and policymaking positions;
(C)
that is recognized for having expertise in Native Hawaiian culture and heritage, including tourism; and
(D)
is located within a coastal state.
(9) Qualified holder
The term qualified holder means—
(A)
a unit of local government of a covered entity, if the covered entity is a coastal state; or
(B)
a nonprofit organization;
that is designated by a covered entity in the approved working waterfronts plan of the covered entity to carry out some or all of the functions of the covered entity under the grant program if the covered entity applies for and is awarded a grant under the grant program, including holding title to or an interest in a working waterfront acquired with a grant awarded under the grant program.
(10) Task Force
The term Task Force means the task force established under subsection (a)(1).
(11) Disadvantaged community
The term disadvantaged community means a community the Secretary determines, based on appropriate data, indices, and screening tools, is economically, socially, or environmentally disadvantaged.
(12) Working waterfront
The term working waterfront means real property (including support structures over water and other facilities) that—
(A)
provides access to coastal waters by coastal users; and
(B)
is used for, or supports, commercial and recreational fishing, recreational fishing and boating businesses, boatbuilding, aquaculture, and other water-dependent, coastal-related business.
(13) Working waterfront covenant
The term working waterfront covenant means an agreement in recordable form entered into between a person that holds title to or an interest in a working waterfront and a covered entity that is awarded a grant under the grant program or a qualified holder of such covered entity that provides such assurances as the Secretary determines necessary to ensure the following:
(A)
Except as provided in subparagraph (C), the title to or interest in the working waterfront will be held by an entity that is subject to such agreement in perpetuity.
(B)
The working waterfront will be managed in a manner that is consistent with the purposes of this section, and the working waterfront will not be converted to any use that is inconsistent with this section.
(C)
If the title to or interest in the working waterfront is subsequently sold or otherwise exchanged—
(i)
each party involved in such sale or exchange shall accede to such agreement; and
(ii)
funds equal to the fair market value of the title to or interest in the working waterfront shall be paid to the Secretary by the parties to the sale or exchange, and such funds shall be, at the discretion of the Secretary, paid to the relevant covered entity or a qualified holder of such covered entity for use in the implementation of the approved working waterfronts plan of the covered entity.
(D)
Such agreement shall be subject to enforcement and oversight by the covered entity or by another person as the Secretary determines appropriate.
306C. Working Waterfronts Preservation Loan Fund
(a) General authority
(1) Grants to eligible coastal states to establish working waterfronts preservation loan funds
(A) In general
The Secretary may enter into an agreement with an eligible coastal state to issue a capitalization grant, including a letter of credit, to such eligible coastal state to implement the approved working waterfronts plan of such eligible coastal state.
(B) Establishment of working waterfronts preservation loan funds
(i) In general
To be eligible to receive a capitalization grant under this subsection, an eligible coastal state shall establish a working waterfronts preservation loan fund.
(ii) Deposit
Each capitalization grant made to an eligible coastal state under this paragraph shall be deposited in the working waterfronts preservation loan fund of such eligible coastal state.
(C) Extended period
A capitalization grant made to an eligible coastal state under this section shall be available to the eligible coastal state for obligation for a period of 2 fiscal years.
(2) Use of funds
(A) In general
An eligible coastal state shall use amounts deposited in the working waterfronts preservation loan fund of such eligible coastal state, including loan repayments and interest earned on such amounts, to provide financial assistance described in subsection (f) to a covered entity to implement the approved working waterfronts plan of such eligible coastal state through preservation, improvement, restoration, rehabilitation, and acquisition of working waterfronts pursuant to criteria established by the Secretary.
(B) Sale of bonds
A covered entity may use amounts received under this section as a source of revenue (restricted solely to interest earnings of the applicable working waterfronts preservation loan fund) or security for payment of the principal and interest on a revenue or general obligation bond issued by the eligible coastal state to provide matching funds under subsection (e) if the proceeds of the sale of the bond will be deposited in the working waterfronts preservation loan fund of such eligible coastal state.
(C) No increased bonding authority
Amounts deposited in the working waterfronts preservation loan fund of an eligible coastal state may not be used as a source of payment of, or security for (directly or indirectly), in whole or in part, any obligation the interest on which is exempt from the tax imposed under chapter 1 of the Internal Revenue Code of 1986.
(3) Limitation
An eligible coastal state may not provide financial assistance described in subsection (f) to a covered entity that does not have the technical, managerial, and financial capability to ensure compliance with the requirements of this section.
(4) Prevailing wages
The Secretary shall ensure compliance with the provisions of the Act of March 3, 1931 (40 U.S.C. 3141 et seq.; commonly known as the
Davis-Bacon Act) with respect to any construction project carried out in whole or in part with financial assistance made available from a working waterfronts preservation loan fund.(5) Reservation
Each eligible coastal state that enters into a capitalization agreement under paragraph (1) shall, each fiscal year, reserve 0.2 percent of the amount in the working waterfronts preservation loan fund of the eligible coastal state to provide financial assistance described in subsection (f) to an Indian Tribe or a Native Hawaiian organization.
(b) Intended use plans
(1) In general
Each eligible coastal state that enters into a capitalization agreement under subsection (a)(1) shall annually prepare an intended use plan, subject to notice and an opportunity for public comment, that identifies the intended uses of the amounts available to the working waterfronts preservation loan fund of the eligible coastal state.
(2) Contents
Each intended use plan prepared by an eligible coastal state under paragraph (1) shall include, with respect to the eligible coastal state—
(A)
a list of each project to be assisted with amounts from the working waterfronts preservation loan fund in the first fiscal year that begins after the date such intended use plan is finalized, including, with respect to each such project—
(i)
a description of the project;
(ii)
the expected terms of financial assistance; and
(iii)
the size of the community served;
(B)
the criteria and methods established to distribute amounts from the working waterfronts preservation loan fund; and
(C)
a description of the financial status of the working waterfronts preservation loan fund and the short- and long-term goals of such working waterfronts preservation loan fund.
(c) Working waterfronts preservation loan fund management
(1) In general
Each working waterfronts preservation loan fund under this section shall be established, maintained, and credited with repayments and interest and the fund corpus shall be available in perpetuity to provide financial assistance described in subsection (f) to covered entities under this section.
(2) Extra amounts
To the extent amounts in a working waterfronts preservation loan fund are not required for obligation or expenditure, such amounts shall be invested in interest-bearing obligations.
(d) Assistance for disadvantaged communities
(1) Loan subsidy
(A) In general
Notwithstanding any other provision of this section, if an eligible coastal state makes a loan to a disadvantaged community pursuant to subsection (a)(2), the eligible coastal state may provide additional subsidization to such disadvantaged community, including—
(i)
forgiveness of principal;
(ii)
grants;
(iii)
negative interest loans;
(iv)
other loan forgiveness; and
(v)
through buying, refinancing, or restructuring debt.
(B) Exclusion
A loan from a working waterfronts preservation loan fund with an interest rate equal to or greater than 0 percent shall not be considered additional subsidization for the purposes of this subsection.
(2) Total amount of subsidies
Of the amount of a capitalization grant received by an eligible coastal state for any fiscal year, the total amount of loan subsidies made by such eligible coastal state pursuant to paragraph (1)—
(A)
may not exceed 35 percent; and
(B)
to the extent that there are, as determined by the Secretary, sufficient applications from disadvantaged communities for loans, may not be less than 12 percent.
(e) Eligible coastal state contribution
Each capitalization agreement entered into under subsection (a)(1) shall require that the eligible coastal state subject to such agreement deposit in the working waterfronts preservation loan fund of the eligible coastal state an amount equal to not less than 20 percent of the total amount of the capitalization grant to be made to the eligible coastal state on or before the date on which the capitalization grant payment is made to the eligible coastal state.
(f) Types of assistance
The amounts deposited into a working waterfronts preservation loan fund of an eligible coastal state under this section may be used by the eligible coastal state—
(1)
to make a loan to a covered entity, on the condition that—
(A)
the interest rate for the loan does not exceed the market rate;
(B)
principal and interest payments on the loan will commence not later than 18 months after completion of the project for which the loan was made;
(C)
the loan will be fully amortized not later than 30 years after the completion of the project, except that in the case of a disadvantaged community an eligible coastal state may provide an extended term for the loan, if the extended term—
(i)
terminates not later than the date that is 40 years after the completion of the project; and
(ii)
does not exceed the expected design life of the project;
(D)
the recipient of the loan will establish a dedicated source of revenue (or, in the case of a privately owned working waterfront property, demonstrate that there is adequate security) for the repayment of the loan; and
(E)
the working waterfronts preservation loan fund of the eligible coastal state will be credited with all payments of principal and interest on the loan;
(2)
to buy or refinance the debt obligation of a municipality or an intermunicipal or interstate agency within the eligible coastal state at an interest rate that is less than or equal to the market interest rate;
(3)
to guarantee, or purchase insurance for, a local obligation (all of the proceeds of which finance a project eligible for financial assistance under this section) if the guarantee or purchase would improve credit market access or reduce the interest rate applicable to the obligation;
(4)
as a source of revenue or security for the payment of principal and interest on a revenue or general obligation bond issued by the eligible coastal state if the proceeds of the sale of the bond will be deposited into the working waterfronts preservation loan fund of the eligible coastal state; or
(5)
to earn interest on the amounts deposited into the working waterfronts preservation loan fund of the eligible coastal state.
(g) Administration of working waterfronts preservation loan funds
(1) Combined financial administration
Notwithstanding subsection (c), an eligible coastal state may combine the financial administration of a working waterfronts preservation loan fund of the eligible coastal state with the financial administration of any other revolving fund established by the eligible coastal state if the Secretary determines that the capitalization grants made under this section, together with loan repayments and interest, will be separately accounted for and used solely for the purposes specified in subsection (a).
(2) Cost of administering working waterfronts preservation loan fund
(A) In general
For each fiscal year, an eligible coastal state may use the amount described in subparagraph (B)—
(i)
to cover the reasonable costs of administration of the programs under this section, including the recovery of reasonable costs expended to establish a working waterfronts preservation loan fund that are incurred after the date of the enactment of this section; and
(ii)
to provide technical assistance to working waterfronts projects carried out within the eligible coastal state.
(B) Description of amount
The amount referred to in subparagraph (A) is an amount equal to the sum of—
(i)
the amount of any fees collected by the eligible coastal state for use in accordance with subparagraph (A)(i), regardless of the source; and
(ii)
the greater of—
(I)
$400,000;
(II)
0.2 percent of the current valuation of the working waterfronts preservation loan fund of the eligible coastal state; or
(III)
an amount equal to 4 percent of all grant awards made to the working waterfronts preservation loan fund of the eligible coastal state under this section for the fiscal year.
(h) Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2026 through 2030.
(i) Definitions
In this section:
(1) Approved working waterfronts plan
The term approved working waterfronts plan has the meaning given the term in section 306B.
(2) Covered entity
The term covered entity means—
(A)
a State agency;
(B)
an Indian Tribe;
(C)
a Native Hawaiian organization;
(D)
a local government; or
(E)
a nonprofit organization.
(3) Disadvantaged community
The term disadvantaged community has the meaning given the term in section 306B.
(4) Eligible coastal state
The term eligible coastal state means a coastal state that has an approved working waterfronts plan.
(5) Working waterfront
The term working waterfront has the meaning given the term in section 306B.
(6) Working waterfronts preservation loan fund
The term working waterfronts preservation loan fund means a revolving loan fund established under this section for the preservation of working waterfronts.
Sec. 203. Seafood marketing
(a) Outreach plan
The Secretary of Agriculture, in conjunction with the Administrator, shall develop an outreach plan to expand outreach by the Department of Agriculture to fishing industry stakeholders to increase awareness of and assist with the use of programs in the Agricultural Marketing Service by such stakeholders.
(b) Study
The Administrator shall, in consultation with the Secretary of Agriculture and members of the seafood 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 the enactment of this section—
(1)
the Secretary of Agriculture, in conjunction with the Administrator, shall submit a report to Congress regarding the outreach plan developed under subsection (a); and
(2)
the Administrator shall submit to Congress a report regarding the findings of the study conducted under subsection (b).
Sec. 204. 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)—
(A)
in subparagraph (C)(iii), by inserting , including the participation of fishing communities in the fishery
after benefits
;
(B)
in subparagraph (J), by striking and
at the end;
(C)
in subparagraph (K), by striking the period at the end and inserting ; and
; and
(D)
by adding at the end the following:
(L)
consider the needs of fishing communities and provide a process for fishing communities to participate in the limited access privilege program in accordance with subsection (c)(3).; and
(2)
by amending paragraph (3) to read as follows:
(3) Fishing communities
(A) Eligibility
To be eligible to participate 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, processing, or fishery-dependent support businesses within the management area of the relevant Council;
(iii)
seek to participate in such program for a purpose other than perfecting or realizing a security interest in such access; and
(iv)
develop and submit a community sustainability plan to the relevant Council and the Secretary that demonstrates how the plan will address the social and economic development needs of coastal communities, including those that have not historically had the resources to participate in the fishery, for approval.
(B) Community sustainability plan approval
(i) In general
A community sustainability 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 entity, including an appeals process within the entity.
(III)
Provisions for monitoring and enforcement of the community sustainability plan.
(IV)
Goals and objectives for the fishing community and how the entity will use the allocation to meet those goals and objectives.
(V)
A description of how the entity will sustain the participation of the fishing community in the fisheries, including providing for new entry and intergenerational transfer, encouraging active participation and addressing economic barriers to access to the fisheries.
(VI)
A description of how the community sustainability plan will address the projected economic and social impacts associated with the implementation of the limited access privilege program, including the potential for strengthening economic conditions in remote fishing communities that lack the resources to participate in harvesting activities in the fishery.
(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 inequitable concentration of limited access privileges within the fishing community.
(ii) Previously adopted plan
A community sustainability plan submitted before the date of the enactment of the Sustaining America’s Fisheries for the Future Act of 2025 shall not be invalidated by failure 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 regarding limited access privilege programs for federally managed fisheries in the United States.
(2) Determinations and disclosures
The audit required under paragraph (1) shall determine and disclose the following:
(A)
The amount of harvest privileges or transferable quota that were actively harvested in each year from 2020 through 2025.
(B)
The amount of harvest privileges or transferable quota that were leased to other parties or entities in each year from 2020 through 2025.
(C)
The names of each corporation, partnership, or other authorized entity that, at the time such audit is conducted, hold harvesting privileges or transferable quota in Federal fisheries.
(D)
The proportion of transferable quota holders (including both individuals and authorized entities) that, at the time such audit is conducted, are actively fishing their harvesting privileges.
(E)
The average cost of a transferable harvest share in each federally managed limited access privilege program.
(F)
The average leasing cost of a transferable harvest share in each federally managed limited access privilege program where, at the time such audit is conducted, leasing is occurring.
(3) Additional requirements
In addition to the requirements under paragraph (2), the audit required under paragraph (1) shall—
(A)
evaluate the performance of the Secretary in overseeing limited access privilege programs in accordance with section 303A(c)(1)(J) (16 U.S.C. 1853a(c)(1)(J)); and
(B)
recommend policies to strengthen transparency and achieve full disclosure of ownership of harvest privileges in limited access privilege programs.
(4) Congressional briefing
Not later than 1 year after the date of the enactment of the Sustaining America’s Fisheries for the Future Act of 2025, the inspector general of the Department of Commerce shall brief the appropriate committees 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 paragraph (4), the inspector general of the Department of Commerce shall submit to Congress a final report setting forth the results of the audit conducted under paragraph (1).
Sec. 205. Findings
Section 2(a)(3) (16 U.S.C. 1801(a)(3)) is amended to read as follows:
(3)
Commercial, recreational, and charter fishing constitute major sources of employment and contribute significantly to the economy of the Nation. Many coastal areas are dependent upon fishing and related activities, and the economies of such areas have been badly damaged by the overfishing of fishery resources; ensuring the sustainable use of fishery resources is essential to the economic well-being of such areas.
Title III Strengthening public process and transparency
Sec. 301. Tribal representation on Pacific Fishery Management Council
(a) In general
Section 302(b)(5) (16 U.S.C. 1852(b)(5)) is amended—
(1)
in subparagraph (A), by striking not less than 3
; and
(2)
by adding at the end the following:
(E)
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) (16 U.S.C. 1852(b)(3)) is amended by striking paragraphs (2) and (5)
and inserting paragraph (2)
.
Sec. 302. Tribal representation on North Pacific Fishery Management Council
(a) In general
Section 302 (16 U.S.C. 1852) is amended—
(1)
in subsection (a)(1)(G)—
(A)
by striking seward
and inserting seaward
;
(B)
by striking 11
and inserting 13
; and
(C)
by inserting before the period at the end and 2 appointed by the Secretary in accordance with subsection (b)(6)
;
(2)
in subsection (b)—
(A)
in paragraph (1)(C), by striking paragraphs (2) and (5)
and inserting paragraphs (2), (5), and (6)
;
(B)
by redesignating paragraph (6) as paragraph (7);
(C)
by inserting after paragraph (5) the following:
(6)
(A)
The Secretary, in accordance with subparagraph (C), shall appoint to the North Pacific Council 2 individuals to serve as representatives of covered Indian tribes from a list submitted by the tribal governments.
(B)
The Secretary, in consultation with the Secretary of the Interior, tribal governments, and the Alaska Federation of Natives, shall establish by regulation the procedure for submitting a list under subparagraph (A).
(C)
An individual is qualified for appointment to the North Pacific Council under subparagraph (A) if such individual—
(i)
possesses knowledge of—
(I)
the anadromous fish of the North Pacific Council region;
(II)
the marine resources managed by such Council;
(III)
the effects of the actions of such Council on such resources;
(IV)
the subsistence uses, customs, and traditions relating to such resources; and
(V)
commercial and sport uses of the fish described in subclause (I) and such resources; or
(ii)
demonstrates leadership through involvement in local, regional, or tribal fish and wildlife management or conservation organizations.
(D)
Representation shall be rotated among affected tribal regions, taking into consideration—
(i)
the qualifications of the individuals on the list submitted under subparagraph (A);
(ii)
the degree to which the Indian tribes located within the North Pacific Council region are dependent on anadromous fish and marine resources within such region and the effects of the actions of such Council on such resources; and
(iii)
the geographic area within which the tribe of the representative is located.
(E)
An individual appointed under subparagraph (A) may designate as an alternate an individual knowledgeable with respect to tribal rights and fishing practicies, Indigenous traditional knowledge, tribal law, and the marine resources managed by the North Pacific Council.
(F)
An individual appointed under subparagraph (A) shall serve on the North Pacific Council until such time as a new appointment to the tribal seat is made under that subparagraph.
(G)
In this paragraph, the term covered Indian tribe means an Indian tribe in Alaska that is identified (including parenthetically) on the most current list published by the Secretary under section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).; and
(D)
in paragraph (7), as so redesignated, by striking paragraphs (2) or (5)
and inserting paragraph (2), (5), or (6)
; and
(3)
in subsection (j)(1)(A)(ii)(II), by striking subsection (b)(5)
and inserting paragraph (5) or (6) of subsection (b)
.
(b) Western Pacific Fishery Management Council study
The Administrator shall conduct a study regarding the feasibility and implications of adding indigenous seats to the Western Pacific Fishery Management Council established by section 302 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852) for the Western Pacific Fishery Management Council region.
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 1 liaison appointed by the Secretary in accordance with paragraph (4) who is a member of the Mid-Atlantic Fishery Management 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 1 liaison appointed by the Secretary in accordance with paragraph (4) who is a member of the New England Fishery Management Council to represent the interests of fisheries under the jurisdiction of such Council
; and
(2)
by adding at the end the following:
(4) Requirements for liaison
The Secretary shall appoint an individual to be a liaison between the Councils described in subparagraphs (A) and (B) of paragraph (1) who has expertise in a fishery 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 Council.
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, that 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 meeting participation and voting.
(b) Council meetings
Section 302(i)(2) (16 U.S.C. 1852(i)(2)) is amended by adding at the end the following:
(G)
Each Council shall make available on the internet website of the Council—
(i)
with respect to each meeting of the Council and of the Council Coordination Committee established under subsection (l) that is not closed in accordance with paragraph (3), to the extent possible, a webcast, live audio recording, or live video broadcast of each such meeting; and
(ii)
with respect to each meeting of the Council and of the scientific and statistical committee established by the Council under subsection (g)(1)(A) that is not closed in accordance with paragraph (3), by not later than 30 days after the conclusion of each such meeting, an audio or video recording (if the meeting was in person or by video conference) or a searchable audio recording or written transcript of each such 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 archive of Council and scientific and statistical committee meeting audio and video recordings and transcripts made available under subparagraph (G).
Sec. 305. Council accountability and membership
(a) Voting members
Section 302(b)(2) (16 U.S.C. 1852(b)(2)) is amended—
(1)
by amending subparagraph (A) to read as follows:
(A) Required expertise
In making each appointment to a 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 subsistence harvest, of the fishery resources of the geographic area concerned; or
(ii)
ecosystem-based fishery management or climate science.;
(2)
by amending subparagraph (B) to read as follows:
(B) Apportionment
(i) In general
In making each appointment under this section, the Secretary shall, to the extent practicable, ensure a fair and balanced apportionment, on a rotating or other basis, of active participants (or the representatives of such participants) in the commercial, recreational, and subsistence fisheries under the jurisdiction of the Council and of members of the conservation community, scientists, nonconsumptive users, and members of indigenous and tribal communities, as applicable.
(ii) Report
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 regarding the actions taken by the Secretary to ensure that a fair and balanced apportionment described in clause (i) is achieved, including—
(I)
a list of the fisheries under the jurisdiction of each Council, outlining for each fishery the type and quantity of fish harvested, fishing and processing methods employed, the number of participants, the duration and range of the fishery, and other distinguishing characteristics;
(II)
an assessment of the membership of each Council in terms of the apportionment of the active participants in each such fishery and of members of the conservation community, scientists, nonconsumptive users, and members of indigenous and tribal communities; and
(III)
a statement of the plans and schedule of the Secretary for actions to achieve a fair and balanced apportionment on each Council for the active participants in any such fishery and for the categories of members listed in subclause (II).;
(3)
by amending subparagraph (C) to read as follows:
(C) Appointments
(i) List from Governor
(I) Appointment from list
The Secretary shall appoint the members of each Council from a list of individuals submitted by the Governor of each applicable constituent State.
(II) Requirements for list
In submitting a list under subclause (I), a Governor—
(aa)
may only submit the name of an individual if such Governor has determined such individual is qualified under subparagraph (A);
(bb)
shall include the names and pertinent biographical data of not less than 3 individuals for each applicable vacancy; and
(cc)
shall include a statement explaining how each individual included on the list meets the requirements of subparagraph (A).
(III) Review
The Secretary shall review each list submitted under this subparagraph.
(IV) Notification
If the Secretary determines that an individual included on a list submitted under this subparagraph does not meet the requirements of this paragraph, the Secretary shall notify the appropriate Governor.
(V) Response to review
If a Governor receives notification under subclause (IV), such Governor may submit a revised list or resubmit the original list with an additional explanation of the qualifications of the individual for which such Governor received such a notification.
(ii) Individuals without financial interest
The Secretary shall appoint to each Council at least 1 individual who does not have a financial interest in matters before the Council.
(iii) Financial disclosure requirements
An individual is not eligible for appointment by the Secretary until that individual complies with the applicable financial disclosure requirements under subsection (j).; and
(4)
by adding at the end the following:
(F) Geographical representation
In appointing at-large members to the Western Pacific Council, the Secretary shall ensure geographical representation across each constituent State of such Council.
(b) Disclosure of financial interest and recusal
Section 302(j) (16 U.S.C. 1852(j)) is amended—
(1)
by amending paragraph (1)(B) to read as follows:
(B)
the term designated official means an attorney employed in the Office of the General Counsel of the National Oceanic and Atmospheric Administration who—
(i)
has expertise in Federal conflict-of-interest requirements; and
(ii)
is designated by the Secretary, in consultation with a Council, to attend the meetings of such Council and make determinations under paragraph (7)(B).;
(2)
in paragraph (2)(C), by inserting contractor,
after partner,
; and
(3)
in paragraph (5)(B), by striking on the Internet
and inserting on the internet website of the agency, on the internet website of the applicable Council,
.
(c) 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), each member of a Council, member of a Council advisory body, and employee or contractor of a Council, is prohibited from using Federal funds to attempt to influence the—
(i)
introduction, advancement, enactment, amendment, or repeal of Federal or State legislation; or
(ii)
issuance, modification, or overturning of an Executive order, Presidential proclamation, or similar Presidential directive or decree.
(B) Technical and factual presentations
An individual described in subparagraph (A) may provide a technical and factual presentation directly related to the performance of the duties of a Council, through hearing testimony or written statements, if such presentation is in response to a documented request and is made available under paragraph (4).
(2) Adjudicating violations
(A) Initiation by Secretary
The Secretary may initiate an investigation of a potential violation of paragraph (1).
(B) Complaint
The Secretary shall investigate a complaint submitted by any person or government entity regarding a potential violation of paragraph (1).
(3) Penalties
If the Secretary determines that an individual violated paragraph (1), such individual shall be subject to disciplinary action, including suspension or expulsion from participation in, membership of, or employment by a Council, Council advisory body, or related entity or activity.
(4) Training
The Secretary shall provide training to individuals described in paragraph (1) regarding—
(A)
compliance with regulations issued to implement this subsection; and
(B)
general limits of Federal grant recipients on contacts with members and staff of the executive and legislative branches.
(5) Restriction on ex-voting member lobbying
A voting member appointed to a Council by the Secretary in accordance with paragraph (2), (5), or (6) of subsection (b) may not lobby the Council to which such member was appointed regarding any matter during the 1-year period beginning on the date on which the term of such member expires, if such member has not been appointed to serve a subsequent term.
(6) Report
The Secretary shall annually submit to the Committee on Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that describes—
(A)
the funding provided to implement this subsection;
(B)
complaints received of and investigations into potential violations of paragraph (1); and
(C)
barriers associated with and proposals to improve implementation of this subsection.
(n) Workplace harassment prevention
(1) Prohibition
The Secretary shall prohibit any person from harassing a covered individual during the conduct of duties by such covered individual under this Act.
(2) Harassment prevent training
Council members and staff shall, as a condition of employment, not later than 1 year after the date of the enactment of the Sustaining America’s Fisheries for the Future Act of 2025 or the first day of employment by a Council of such individual, and not less often than once every 2 years thereafter, complete 2 hours of workplace harassment prevention training approved by the office authorized by section 3541 of the National Defense Authorization Act for Fiscal Year 2017.
(3) Definitions
In this subsection:
(A) Covered individual
The term covered individual means—
(i)
a Council member;
(ii)
Council staff;
(iii)
a Council advisory panel member;
(iv)
a member of a committee associated with a Council or the National Oceanic and Atmospheric Administration;
(v)
a Federal fishery permit holder; and
(vi)
a staff member, crew member, employee, or contractor associated with a federally permitted vessel or a facility providing services to such vessels.
(B) Harassment
The term harassment means unwelcome verbal, visual, or physical conduct based on race, color, national origin, religion, age (40 and above), sex (including gender identity, sexual orientation, and pregnancy), disability, genetic information, or prior Equal Employment Opportunity activity.
(d) Judicial review
Section 305(f)(1) (16 U.S.C. 1855(f)(1)) is amended by striking 30
and inserting 60
.
(e) Regulations
Not later than 1 year after the date of the enactment of this section, the Secretary shall issue regulations to implement section 302(m) (16 U.S.C. 1852(m)), as added by this section.
Sec. 306. Western Pacific Sustainable Fishery Fund
Section 204(e) (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 request 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 Governor
;
(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 Pacific Insular Area
after Governor
; and
(iii)
by amending clause (v) to read as follows—
(v)
western Pacific community-based demonstration projects under section 112(b) of the Sustainable Fisheries Act and other coastal improvement projects in waters beyond 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:
(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 conservation 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 develop 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
(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 providing 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 carrying out other responsibilities under this Act.
; and
(6)
by adding at the end the following:
(9) Western Pacific Sustainable Fishery Fund Advisory Panel
(A) In general
To assist in carrying out this subsection, the Secretary shall establish and convene an advisory panel under section 302(g), to be known as the
Western Pacific Sustainable Fishery Fund Advisory Panel(referred to in this paragraph as theadvisory panel), to evaluate, determine the relative merits of, and annually rank applications for grants for implementation of marine conservation plans approved under paragraph (4).(B) Members
The advisory panel shall consist of members such that—
(i)
the Governor of each applicable Pacific Insular Area selects 1 member; and
(ii)
no member may be a member or employee of the Western Pacific Council.
(C) 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.
(D) Notice
The Secretary shall provide to the public timely notice of each meeting of the advisory panel.
(E) Minutes
The Secretary shall keep and make available to the public minutes of each meeting of the advisory panel.
(F) Reports
The Secretary shall, with the assistance of the advisory panel, annually submit to Congress a report identifying any projects that were funded in the previous year and the status and progress of projects carried out under this subsection.
(G) Exemption from Federal Advisory Committee Act
Chapter 10 of title 5, United States Code (commonly known as the
Federal Advisory Committee Act), does not apply to the advisory panel.
Sec. 307. Council staff and administration
Section 302(f) (16 U.S.C. 1832(f)) is amended by adding at the end the following:
(8)
Each Council shall, with the approval of the Secretary, develop a code of conduct and ethics for members and employees of each such Council equivalent to those applicable to Federal personnel.
(9)
The Secretary may, in accordance with applicable law, take disciplinary action, up to and including termination, against an executive director of a Council. A Council may, in accordance with applicable law, take disciplinary action, up to and including termination, against the executive director or any other employee of the Council.
Sec. 308. National Oceanic and Atmospheric Administration sexual harassment and assault prevention
(a) Policy on the prevention of and response to sexual harassment involving National Oceanic and Atmospheric Administration personnel
Section 3541(f) of the National Defense Authorization Act for Fiscal Year 2017 (33 U.S.C. 894(f)) is amended—
(1)
by inserting and equal employment
after sexual harassment
each place it appears; and
(2)
in paragraph (2)—
(A)
by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and
(B)
by inserting after subparagraph (B) the following:
(C)
A synopsis of each case and the disciplinary action taken, if any, in each case.
(b) Annual report on sexual assaults, sexual harassment, and equal employment
Section 3548 of the National Defense Authorization Act for Fiscal Year 2017 (33 U.S.C. 894e) is amended—
(1)
by striking the section heading and inserting the following: Annual report on sexual assaults, sexual harassment, and equal employment in the National Oceanic and Atmospheric Administration.
;
(2)
in subsection (a), by striking the sexual assaults involving
and inserting sexual assault and sexual harassment involving and the equal employment of
; and
(3)
in subsection (b)—
(A)
in paragraph (4), by inserting , including a synopsis of each case and the disciplinary action taken, if any, in each case
before the period at the end; and
(B)
by adding at the end the following:
(5)
A summary of the number of change of station, unit transfer, and change of work location requests submitted to the Under Secretary under section 3544(a), including the number of such requests that were denied.
(6)
A summary of the number of cases referred to the Coast Guard under this section.
(7)
The number of alleged sexual assaults and sexual harassment cases involving fisheries observers, protected species observers, and endangered species observers, including—
(A)
a synopsis of each case and the status of such case;
(B)
the disposition of any investigation; and
(C)
a description of the fishery management region and fishery or the geographic region and type of permitted operation in which the sexual assault or sexual harassment is alleged to have occurred, as appropriate.
(c) Investigation and criminal referral requirements
(1) Technical amendment
Sections 3548 and 3549 of the National Defense Authorization Act for Fiscal Year 2017 (33 U.S.C. 894e and 894f) are redesignated as sections 3551 and 3552, respectively.
(2) In general
Subtitle C of title XXXV of the National Defense Authorization Act for Fiscal Year 2017 (33 U.S.C. 894 et seq.) is amended by inserting after section 3547 of that Act (33 U.S.C. 894d–2) the following:
3548. Exceptions regarding anonymity of survivors in certain cases
(a) In general
In any case in which an employee, member of the commissioned officer corps of the Administration, or covered personnel elects restricted or unrestricted reporting under section 3541(b)(3)(B) or 3542(b)(5)(B), disclosure of the personally identifying information of such individual is authorized to the following persons or organizations when disclosure would be for the following reasons:
(1)
To Administration staff or law enforcement personnel, if authorized by the survivor in writing.
(2)
To Administration 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 survivor advocate or healthcare provider, if required for the provision of survivor services.
(4)
To a State or Federal court, if pursuant to a court order or if disclosure is required by Federal or State statute.
(b) Notice of disclosure and privacy protection
In any case in which information is disclosed under subsection (a), the Secretary shall—
(1)
make reasonable attempts to provide notice to the individual whose personally identifying information is disclosed; and
(2)
take such action as is necessary to protect the privacy and safety of the individual.
3549. Restricted reporting
(a) In general
Not later than 3 years after the date of the enactment of the National Oceanic and Atmospheric Administration Sexual Harassment and Assault Prevention Improvements Act of 2025, the Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere, shall develop a mechanism to provide a system of restricted reporting.
(b) Restricted reporting defined
In this section the term restricted reporting means a system of reporting that allows employees of the Administration, members of the commissioned officer corps of the Administration, and covered personnel who allege that they have been sexually harassed or sexually assaulted to confidentially disclose the details of such sexual harassment or sexual assault to specified individuals and receive the services outlined in this subtitle—
(1)
without the dissemination of the personally identifying information of such individual except as necessary for the provision of such services and as provided by section 3548(a); and
(2)
without automatically triggering an investigative process.
3550. Mariner referral
The Under Secretary of Commerce for Oceans and Atmosphere, acting through the Director of the Office of Marine and Aviation Operations and in consultation with the Commandant of the Coast Guard, shall, not later than 180 days after the date of the enactment of the National Oceanic and Atmospheric Administration Sexual Harassment and Assault Prevention Improvements Act of 2025, develop and implement a policy to report to the Commandant of the Coast Guard, in accordance with section 10104 of title 46, United States Code, the names of personnel of the Administration who—
(1)
are the subject of a claim of an act or offense 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, Code of Federal Regulations; and
(2)
are—
(A)
employees or contractors of the Administration required to hold a valid merchant mariner credential as a condition of employment; or
(B)
crew of a vessel that, at the time of such act or offense, was operating under a contract with the Administration.
(d) Definitions
Section 3552 of the National Defense Authorization Act for Fiscal Year 2017, as so redesignated by subsection (c) of this section, is amended to read as follows:
3552. Definitions
In this subtitle:
(1) Administration
The term Administration means the National Oceanic and Atmospheric Administration.
(2) Covered personnel
The term covered personnel means an individual who works with or conducts business on behalf of the Administration and includes—
(A)
observers, at-sea monitors, and catch monitors required by the National Marine Fisheries Service to operate on or in commercial fishing vessels, other privately owned vessels, barges, or platforms, and shoreside processing facilities for—
(i)
commercial fisheries observation required by the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.);
(ii)
protected species or endangered species observation required by the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) or the Endangered Species Act of 1973 (16 U.S.C. 1351 et seq.); or
(iii)
platform removal observation; and
(B)
voting members and executive and administrative staff of each Regional Fishery Management Council established under section 302 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852).
(3) Sexual assault
The term sexual assault has the meaning given the term in section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)).
(e) Conforming and clerical amendments
(1) Conforming amendments
Subtitle C of title XXXV of the National Defense Authorization Act for Fiscal Year 2017 (33 U.S.C. 894 et seq.) is amended—
(A)
by striking individuals who work with or conduct business on behalf of the Administration
each place it appears and inserting covered personnel
;
(B)
by striking National Oceanic and Atmospheric
each place it appears, except—
(i)
when it appears as National Oceanic and Atmospheric Administration Sexual Harassment and Assault Prevention Improvements Act of 2025
;
(ii)
in section 3551 of that Act, as so redesignated by subsection (c) of this section, in the section heading; and
(iii)
in section 3552(1) of that Act, as so redesignated by subsection (c) of this section;
(C)
by striking the term victims each place it appears and inserting survivors
;
(D)
in section 3541(b)(2)(B) of that Act (33 U.S.C. 894), by striking victim
and inserting target of sexual harassment
;
(E)
in section 3542 of that Act (33 U.S.C. 894a)—
(i)
in subsection (b)(9)—
(I)
by striking Victim
and inserting Survivor
; and
(II)
by striking victim
and inserting survivor
; and
(ii)
in subsection (c)—
(I)
in the heading, by striking Victim
and inserting Survivor
;
(II)
in paragraph (2), in the heading, by striking Victim
and inserting Survivor
; and
(III)
by striking the term victim each place it appears and inserting survivor
;
(F)
in section 3543 of that Act (33 U.S.C. 894b)—
(i)
in the heading, by striking victim
and inserting survivor
; and
(ii)
by striking victim
and inserting survivor
; and
(G)
in section 3544 of that Act (33 U.S.C. 894c)—
(i)
in subsection (a)—
(I)
by striking victims
and inserting survivors
; and
(II)
in paragraph (1), by striking was
each place it appears and inserting is
; and
(ii)
by striking victim
each place it appears and inserting survivor
.
(2) Clerical amendment
The table of contents in section 2(b) of the National Defense Authorization Act for Fiscal Year 2017 and the table of contents preceding subtitle A of title XXXV of the National Defense Authorization Act for Fiscal Year 2017 are both amended—
(A)
by striking the item relating to section 3543 of that Act and inserting the following:
; and
(B)
by striking the items relating to sections 3548 and 3549 of that Act and inserting the following:
(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 commissioned officer corps of the National Oceanic and Atmospheric Administration by individuals convicted of certain sexual offenses
Section 261(a) of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3071(a)) is amended—
(1)
by redesignating paragraph (26) as paragraph (27); and
(2)
by inserting after paragraph (25) the following:
(26)
Section 657, relating to prohibition on service by individuals convicted of certain sexual offenses.
(h) Definition of responsible entity of a vessel
Section 10104(g) of title 46, United States Code, is amended—
(1)
in paragraph (1), by striking or
at the end;
(2)
in paragraph (2), by striking the period at the end and inserting ; or
; and
(3)
by adding at the end the following:
(3)
the Director of the Office of Marine and Aviation Operations, with respect to each vessel owned or operated by the National Oceanic and Atmospheric Administration.
Title IV Modernizing fisheries science and data
Sec. 401. Data modernization
(a) In general
Not later than 180 days after the date of the enactment of this section, the Secretary, acting through the Assistant Administrator for Fisheries, shall provide to Congress a national strategic plan for fisheries data, including a description of—
(1)
activities for the goals and objectives of the plan;
(2)
a schedule for implementation;
(3)
an estimated budget;
(4)
a plan for stakeholder engagement for development of user-centric systems, processes, and policies; and
(5)
how the initiative will align with other National Oceanic and Atmospheric Administration data management efforts to provide for efficiency and interoperability, including the Data Strategy, Cloud Strategy, and Artificial Intelligence Strategy of the National Oceanic and Atmospheric Administration.
(b) Information from experts
In carrying out this section, the Secretary shall solicit information, as needed, from data management and technology experts inside and outside the government.
(c) Report
The Secretary shall annually report to Congress regarding progress in carrying out this section.
Sec. 402. Expanding and improving electronic technologies
(a) Sense of Congress
It is the sense of Congress that—
(1)
the use of electronic technologies such as digital video cameras and monitors, digital recording systems, and other forms of electronic technology as a complement to, and in some cases a replacement for, observers may maintain, increase, or improve the amount and accuracy of observer and fishery dependent information collected from fisheries while reducing costs and logistical difficulties;
(2)
to achieve optimum 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, management, and scientific purposes;
(3)
to achieve management goals, especially in the context of climate change, the National Oceanic and Atmospheric Administration should work to meet evolving management needs and, in collaboration with industry stakeholders, identify appropriate data collection technologies and strategies; and
(4)
the National Oceanic and Atmospheric Administration should also consider the use of innovative technology in fishery independent data collection including stock and habitat assessments and environmental conditions.
(b) Regional Fishery Management Councils
Section 303(b)(8) (16 U.S.C. 1853(b)(8)) is amended to read as follows:
(8)
require the collection of data necessary for the conservation and management of the fishery from a vessel of the United States engaged in fishing for species that are subject to the plan through—
(A)
electronic monitoring or other electronic technology; or
(B)
observers carried on board such a 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 inadequate 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 reporting or other electronic technology as part of an information collection program implemented under this paragraph.
after request.
;
(2)
in paragraph (2), by inserting The Secretary shall consider the use of electronic monitoring and reporting or other electronic technology as part of an information collection program implemented under this paragraph.
after fishery.
; and
(3)
by adding at the end the following:
(3) Secretarial review
(A) In general
Not less often than once every 5 years, the Secretary shall review the procedures and policies by which information is collected, managed, and used to manage fisheries and revise information collection programs and policies needed to integrate data collection and management and improve the timeliness, quality, usability, and cost-effectiveness and reduce unnecessary duplication within and across fishery management plans and regions.
(B) Report
Upon the completion of each review carried out under subparagraph (A), the Secretary shall publish a report for the public describing the findings of each such review and planned revisions to information collection programs.
(d) Assessment of electronic technologies in fisheries management
(1) In general
The Comptroller General of the United States shall, in consultation with the relevant committees of Congress—
(A)
conduct a review of the capabilities of the National Marine Fisheries Service with respect to developing, deploying, and using electronic monitoring and data collection tools to monitor fisheries; and
(B)
make recommendations to improve such capabilities, taking into consideration cost, efficiency, and collaboration with private entities.
(2) Report
Not later than 18 months after the date of the enactment of this section, the Comptroller General shall submit to Congress a report describing the results of the review required under paragraph (1) and the recommendations made pursuant to such review.
(e) Electronic technologies innovation prize
(1) In general
The Administrator, in consultation with the Secretary of Defense and the heads of other relevant Federal agencies, and in conjunction with such nongovernmental partners as the Administrator determines appropriate, shall establish at least 1 electronic technologies innovation prize competition to catalyze the rapid development and deployment of electronic technology-based data collection to be used in fisheries management.
(2) Subject of prize
Each prize competition established under paragraph (1) shall focus on 1 or more of the following subjects:
(A)
Improved fish species recognition software.
(B)
Confidential data management.
(C)
Cost-effective storage of electronic reports, imagery, location information, and other data.
(D)
Data analysis and visualization.
(E)
Artificial intelligence and machine learning applications for data collection and monitoring.
(F)
Battery storage and energy supply storage at sea.
(G)
Improved internet connectivity onshore and at sea in support of data uploads.
(H)
Bycatch hotspot mapping and adaptive use of protected areas.
(I)
Such other subjects as the Administrator determines appropriate.
(f) Advisory panel for electronic technologies development and deployment
(1) Establishment
The Secretary shall establish an advisory panel (referred to in this subsection as the Advisory Panel
) to inform the Administrator, the Assistant Administrator for Fisheries, and the Councils regarding developments in the advancement of electronic technologies that can be used in fisheries monitoring, data collection, and management.
(2) Appointments
In appointing individuals to the Advisory Panel, the Secretary shall appoint at least 2 individuals who are electronic technology developers, 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 the Councils.
(4) Recommendations
Not later than 2 years after the date of the enactment of this section, 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, including—
(A)
an assessment of how the National Marine Fisheries Service and electronic technology developers, operators, and providers could benefit from such performance standards;
(B)
if the Advisory Panel recommends establishing such performance standards, a recommendation for which factors should be included in such performance standards and how the Secretary should determine the appropriate standards;
(C)
an assessment of whether such performance standards are likely to spur increased use of electronic technologies by the Councils;
(D)
an assessment of how such performance standards would impact existing regional or fishery-specific technologies currently in use and recommendations regarding ensuring continued use or improvement of these technologies if such performance standards are established;
(E)
a list of knowledge gaps or additional questions the Secretary should consider before publishing such performance standards;
(F)
recommendations regarding ensuring cost-effectiveness of electronic technologies for fisheries data collection and management;
(G)
recommendations to address data storage problems of electronic technologies;
(H)
recommendations regarding ownership of data collected using electronic technology; and
(I)
recommendations regarding policies and procedures to develop and implement electronic technologies for fisheries data collection and management.
(5) Exemption from the Federal Advisory Committee Act
Chapter 10 of title 5, United States Code (commonly known as the Federal Advisory Committee Act
), does not apply to the Advisory Panel.
(6) Rule of construction
Nothing in this subsection may be construed to preclude any Council from independently developing electronic technologies to be used in fisheries data collection and management.
Sec. 403. Stock Assessments
Not later than 1 year after the date of the enactment of this section, and annually thereafter, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report regarding the progress of the National Marine Fisheries Service with respect to prioritizing and improving stock assessments, including—
(1)
a summary of 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 of fish have not been assessed, and why;
(2)
a summary of each stock assessment and stock assessment update completed during the preceding year;
(3)
an identification of each stock assessment that was planned but not completed and explain why such stock assessment was not completed;
(4)
the schedule for all upcoming stock assessments and stock assessment updates;
(5)
a summary of data and analysis, that, if available, would reduce uncertainty in and improve the accuracy of future stock assessments, including whether such data and analysis could be provided by fishermen, fishing communities, universities, and research institutions;
(6)
a summary of the progress with respect to autonomous surveys and an identification of opportunities to expand new technologies for stock assessments data collection; and
(7)
a summary of data gaps that may be a result of changing ocean and climate conditions, and actions 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 communities,
after data),
;
(2)
by amending subsection (b) to read as follows:
(b) Eligible projects
(1) In general
The Secretary shall make funds available under the program established under subsection (a) on a competitive basis and based on regional fishery management needs to support cooperative research and management projects to address critical needs identified by the Councils.
(2) Submission of critical needs list
Each Council shall annually submit a list of critical needs to the Secretary that identifies and prioritizes such needs.
(3) Use of data
The program established under subsection (a) 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 follows:
(c) Priorities
In making funds available under subsection (b), the Secretary shall select projects that form part of a coherent program of cooperative research or management projects focused on addressing priority issues identified by the Councils, and shall give priority to the following types of projects:
(1)
Projects to collect data to improve, supplement, or enhance stock assessments, including the use of fishing vessels or acoustic or other marine technology.
(2)
Projects to improve fishery-dependent data collection, intake, use, and access including—
(A)
to assess the amount and type of bycatch or post-release mortality occurring in a fishery;
(B)
expanding the use of electronic technology and modernizing data management systems; and
(C)
improving monitoring coverage through the expanded use of electronic technology.
(3)
Conservation engineering or management projects designed to reduce bycatch, including avoidance of post-release mortality, reduction of bycatch in high seas fisheries, and transfer of such fishing technologies and methods to other nations, or other regional entities, including fishing communities, regional fishery associations, and fishing sectors.
(4)
Projects for the identification of habitat areas of particular concern and for habitat conservation.
(5)
Projects designed to collect and compile economic and social data for which electronic technologies can be added.
(6)
Projects to test and expand electronic technologies for monitoring, reporting, observer coverage, and other functions.
(7)
Projects that use electronic technologies to—
(A)
monitor changing ocean conditions;
(B)
improve methods;
(C)
support adaptive management; and
(D)
enhance climate resilience in fisheries.
(8)
Projects designed—
(A)
to identify the impacts of anticipated changing ocean conditions, including climate change, on stocks of fish, fisheries, and fishing communities; or
(B)
to develop conservation and management strategies to adapt to such impacts.
(9)
Cooperative management projects that make use of data collected under this section.
(10)
Projects to better understand—
(A)
interactions between sharks and humans;
(B)
what causes increases in such interactions;
(C)
the status of shark populations; and
(D)
how to best address such interactions to benefit both sharks and humans.;
(4)
by redesignating subsections (e) and (f) as subsections (f) and (g), respectively;
(5)
by inserting after subsection (d) the following:
(e) Cooperative management agreements
(1) In general
Not later than 1 year after the date of the enactment of the Sustaining America’s Fisheries for the Future Act of 2025, the Secretary, in consultation with the Councils and with input from the public, shall issue guidance to facilitate a transparent, timely, uniform, and regionally based process for the development, oversight, and management of cooperative management agreements.
(2) Process for approval
The Secretary may use the process developed pursuant to subsection (d) to approve cooperative management agreements as if such agreements are cooperative fishing agreements.
(3) Performance standards
An agreement authorized by this subsection shall be subject to performance 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 annual catch limits or bycatch in excess of bycatch caps or limits.
(4) Preexisting agreements
This subsection shall not apply to a cooperative management agreement submitted to or proposed or approved by the Secretary before the date of the enactment of the Sustaining America’s Fisheries for the Future Act of 2025.; 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 shall publish a report regarding results and data generated by such project or under such permit.
(i) Progress report
Not later than 180 days after the date of the enactment of the Sustaining America’s Fisheries for the Future Act of 2025, the Assistant Administrator for Fisheries shall submit to Congress a report regarding—
(1)
the progress made by the National Marine Fisheries Service with respect to the implementation of the recommendations of the Cooperative Research and Cooperative Management Working Group report titled
NOAA Technical Memorandum NMFS–F/SPO–156(August 2015); and(2)
the development and implementation of any subsequent recommendations by such Working Group.
(b) Findings
Section 2(a)(8) (16 U.S.C. 1801(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 communities, universities, nonprofit organizations, local and traditional knowledge from Tribes, Indigenous communities, and subsistence fishermen, and research institutions. Scientific and statistical committees should consider such information when seeking the best scientific information available to form the basis of conservation and management.
after States.
.
Sec. 405. Northeast regional pilot research trawl survey and study
(a) Industry-Based pilot study
Not later than 1 year after the date of the enactment of this section, the Secretary shall, in coordination with the relevant Councils as determined 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 improve the current National Oceanic and Atmospheric Administration vessel trawl surveys.
(b) Components
Under the pilot survey and study—
(1)
the Secretary—
(A)
may select fishing industry vessels to participate in the study by issuing a request for procurement;
(B)
may use the Northeast Area Monitoring and Assessment Program Southern New England/Mid-Atlantic Nearshore Trawl Survey or another methodology selected in partnership with the National Marine Fisheries Service Northeast Fisheries Science Center and the Virginia Institute of Marine Science as a model for the pilot survey;
(C)
shall outfit participating vessels with a peer-reviewed net configuration; and
(D)
shall ensure the pilot study uses a statistically valid sampling method and spatial coverage that allows for comparison with results from the National Oceanic and Atmospheric Administration vessel trawl surveys; and
(2)
the National Marine Fisheries Service Northeast Fisheries Science Center shall, in partnership with the relevant 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 relevant Councils shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a detailed report regarding the results of the pilot survey and study.
Sec. 406. Recreational data consistency
(a) In general
Section 305 (16 U.S.C. 1855) is amended by adding at the end the following:
(m) Recreational data improvement
(1) In general
Not later than 2 years after the date of the enactment of the Sustaining America’s Fisheries for the Future Act of 2025, the Secretary shall establish guidelines for recreational catch data, which shall include the development of data standards to improve timeliness, accuracy, precision, and validation of data produced by recreational surveys in order to facilitate the use of such data in stock assessments, for use in management actions, and for other uses as applicable.
(2) Recommendations considered
In establishing guidelines under paragraph (1), the Secretary shall consider the relevant recommendations developed under section 404(e), subsections (g)(4)(C) and (h) of section 401, and section 201(b) of the Modernizing Recreational Fisheries Management Act of 2018 (16 U.S.C. 1881 note).
(3) Multiple data sources
If recreational catch data for a stock of fish come from more than 1 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 methods, as needed for the timely integration of such data to ensure consistent methods and approaches are used for monitoring of catch against the relevant annual catch limits and for other fishery science and management purposes.
(b) Recreational data improvement program
Title IV (16 U.S.C. 1881 et seq.) is amended by adding at the end the following:
409. Recreational data improvement program
(a) In general
The Secretary shall establish and carry out a comprehensive program to implement the guidelines established under section 305(m).
(b) Coordination and collaboration
In carrying out the program established under subsection (a), the Secretary shall coordinate with programs established under subsection 401(g) and promote collaboration with State and Federal partners.
(c) Strategic plan
(1) In general
Not later than 1 year after the date of the enactment of the Sustaining America’s Fisheries for the Future Act of 2025, and not less frequently than once every 5 years thereafter, the Secretary shall develop, publish in the Federal Register, and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a strategic plan for recreational data improvements for the 5 years immediately following such publication.
(2) Requirements
Each plan published under paragraph (1) shall—
(A)
improve coordination between Federal programs that implement recreational fishing surveys and other data from non-Federal sources, including data from States or Marine Fisheries Commissions;
(B)
improve the timeliness, accuracy, precision, and validation of data produced by surveys;
(C)
describe processes to calibrate data sources with historical time series data prior to being used for management;
(D)
develop methods to integrate recreational data collected from more than 1 source for use in stock assessments;
(E)
create goals, objectives, and timeframes for achievement of subparagraphs (A) through (D);
(F)
consider the use and effectiveness of experimental fishing permits to carry out such research; and
(G)
describe the role of fishery participants in the program.
(3) Coordination
In developing each strategic plan under paragraph (1), the Secretary shall cooperate with the Councils and affected States, provide for coordination with the Councils, affected States, and other research and data collection entities, and allow for public input.
(4) Proposed plan
Prior to publishing each plan under paragraph (1), the Secretary shall publish a proposed plan in the Federal Register for the purpose of receiving public comment on the plan.
(d) Areas of research
In carrying out the program established under subsection (a), the Secretary shall prioritize research and improvement in the following areas:
(1)
Development of data standards and validation processes for survey programs collecting data on recreational fishing catch and effort, including those produced by State agencies and considered integral or supplemental to Federal surveys.
(2)
Research to understand how surveys of recreational fishing can more effectively account for differences in fishing rate and effort, including among fishermen who use private or public access points, and fishermen who are State residents or nonresidents.
(3)
Methods and policies to improve the estimation 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 estimation of adoption rates of such practices by fishermen.
(5)
To assess changes in discard mortality estimates when best fishing practices are adequately and verifiably applied.
(6)
Research regarding how the use of electronic applications can be used to collect data in recreational fisheries, including spatial information, depth, discard rate and disposition, release method, and socioeconomic information, while meeting data and validation standards.
(7)
Research regarding how electronic technologies can most effectively be incorporated into survey designs.
(8)
Research regarding methods to integrate recreational catch data from more than 1 survey source for use in assessments.
(9)
The use of approaches to improve recreational data, including the use of tag and endorsement measures to fund such data improvement, stockwide regional effort surveys, and species-specific oversampling.
Sec. 407. Emergency operating plans
(a) In general
Not later than 1 year after the date of the enactment of this section, the Administrator, in consultation with the Councils, relevant Federal, State, and international agencies, scientific and technical experts, and interested stakeholders, shall develop a contingency plan for circumstances that would make fisheries monitoring, including human observation, surveys, and other data collection to support stock assessments, impractical.
(b) Report
Not later than 1 year after the date of the enactment of this section, the Administrator shall submit to Congress a report regarding the contingency plan developed under subsection (a).
Sec. 408. Zeke Grader Fisheries Conservation and Management Fund
(a) In general
Section 208 of the Magnuson-Stevens Fishery Conservation and Management Reauthorization 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
;
(3)
in subsection (c), by striking Fishery Conservation and Management Fund
each place such term appears and inserting Zeke Grader Fisheries Conservation and Management Fund
;
(4)
in subsection (b)—
(A)
in paragraph (6), by striking and
at the end;
(B)
in paragraph (7), by striking the period at the end and inserting ; and
; and
(C)
by adding at the end the following:
(8)
conducting research and analysis to prepare and adapt fisheries and fishing communities to the effects of climate change.; and
(5)
by amending subsection (d) to read as follows:
(d) Allocation
(1) In general
Except as provided in paragraphs (2) and (3), the Secretary shall, every 2 years, apportion amounts from the Fund among the regions of each Council according to recommendations of such Councils, based on regional priorities identified through the process of such Councils.
(2) Minimum allocation
In the case of amounts deposited in the Fund pursuant to subsection (c)(2), unless specified otherwise, the Secretary shall allocate not less than 5 percent of the Fund in each allocation period to each region described in paragraph (1).
(3) Specifically apportioned funds
The Secretary may apportion amounts from the Fund to a specific project or region described in paragraph (1) if such amounts were identified by the Council that designated such amounts for inclusion in the Fund under subsection (c)(1), or by the appropriation Act, State, public source, or nonprofit or organization from which they were received under subsection (c)(2), as being deposited for that specific project or region.
(b) References
Any reference in a law, map, regulation, document, paper, or other record of the United States to the Fisheries Conservation and Management Fund
is deemed to be a reference to the Zeke Grader Fisheries Conservation and Management Fund
.
(c) Clerical amendment
The table of contents for the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (Public Law 109–479) is amended by striking the item relating to section 208 and inserting the following:
Sec. 409. Offshore wind collaboration
The Secretary and the Secretary of the Interior, acting through the Director of 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 development of offshore wind energy.
Sec. 410. Shark populations analysis
Not later than 1 year after the date of the enactment of this section, the Secretary shall develop a strategy to identify research priorities and funding opportunities to update and improve shark research, shark population surveys, and shark stock assessments, and incorporate, as applicable, new and emerging survey technology techniques to integrate into the status of stock reports.
Title V Sustaining fisheries 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 marine ecosystems, particularly as oceans conditions shift due to climate change, and that impacts from both fishing gear and nonfishing activities should be considered through consistent application of essential fish habitat provisions under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
Sec. 502. Essential fish habitat consultation
(a) Purpose
Section 2(b)(7) (16 U.S.C. 1801(b)(7)) is amended by striking in the review of projects
and inserting from adverse effects caused by fishing and from projects
.
(b) Habitat area of particular concern
Section 3 (16 U.S.C. 1802) is amended—
(1)
by redesignating paragraph (1) as paragraph (1A);
(2)
by inserting before paragraph (1A), as so redesignated, the following:
(1)
The term adverse effect means, with respect to essential fish habitat, any impact that reduces the quality or quantity of essential fish habitat.; and
(3)
by inserting after paragraph (19) the following:
(19A)
The term habitat area of particular concern means a specific type or area of habitat that is part of or within essential fish habitat that—
(A)
provides an important ecological function, including maintaining and restoring the biomass, demographic, spatial, or genetic characteristics of fish populations;
(B)
is sensitive to human-induced environmental degradation;
(C)
is or will be significantly stressed by human activities;
(D)
due to prevailing or anticipated future environmental conditions, is or may become important to the health of a managed species; or
(E)
is rare.
(c) Contents of fishery management plans
Section 303(a)(7) (16 U.S.C. 1853(a)(7)) is amended to read as follows:
(7)
(A)
describe and identify essential fish habitat for the fishery based on the guidelines established by the Secretary under section 305(b)(1)(A), minimize adverse effects on essential fish habitat caused by fishing, and identify other actions to encourage the conservation and enhancement of essential fish habitat; and
(B)
describe and identify habitat areas of particular concern based on the guidelines established by the Secretary 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 conservation and enhancement of such habitat;
(d) Essential fish habitat
Section 305(b) (16 U.S.C. 1855(b)) is amended—
(1)
in paragraph (1)(D)—
(A)
by inserting use existing programs administered by the Secretary and
after shall
; and
(B)
by inserting and such agencies shall take action
after agencies
;
(2)
by striking paragraphs (2) through (4); and
(3)
by adding at the end the following:
(2) Requirements for Federal agency actions with adverse effect
Each Federal agency shall—
(A)
with respect to an action authorized, funded, or undertaken, or proposed to be authorized, funded, or undertaken, by such agency that may adversely affect essential fish habitat identified under this Act, notify and consult with the Secretary;
(B)
with respect to an action that may adversely affect essential fish habitat, 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, minimize and mitigate the adverse effect; and
(C)
with respect to an action that may adversely affect a habitat area of particular concern, in consultation with the Secretary—
(i)
monitor, or require monitoring for, such adverse effect for the period during which such adverse effect is likely to occur; or
(ii)
take action to minimize and mitigate such adverse effect of the action on the habitat area of particular concern and the species with respect to which the habitat area of particular concern is designated.
(3) Information to Council
The Secretary shall inform each Council that has authority over an affected fishery of any consultation carried out under this subsection, including information regarding the proposed action and the potential adverse effects, and each such Council—
(A)
may comment on and make recommendations to the Secretary and any Federal or State agency concerning any activity authorized, funded, or undertaken, or proposed to be authorized, funded, or undertaken, by any Federal or State agency that, in the view of the Council, may affect the habitat, including essential fish habitat, of a fishery resource under the authority of such Council; and
(B)
shall comment on and make recommendations to the Secretary and any Federal or State agency concerning any such activity that, in the view of the Council, is likely to substantially affect the habitat, including essential fish habitat, of an anadromous fishery resource under the authority of such Council.
(4) Information from other sources
(A) Receipt of information
If the Secretary determines based on information received from a Council, Federal or State agency, or other source that an action authorized, funded, or undertaken, or proposed to be authorized, funded, or undertaken, by a Federal or State agency will adversely affect essential fish habitat identified under this Act—
(i)
the Secretary shall recommend to such agency measures for such agency to take to avoid such adverse effects; and
(ii)
to the extent such adverse effects cannot be avoided, such agency shall minimize and mitigate such adverse effects.
(B) Required response
(i) In general
The head of a Federal agency that receives a recommendation from the Secretary under subparagraph (A) regarding measures for such agency to take to avoid the adverse effects of an action described in that subparagraph on essential fish habitat identified under this Act shall, not later than 30 days after the date on which such agency head receives such recommendation, submit to the Secretary and each Council that comments under paragraph (3) a detailed response in writing regarding such recommendation, including—
(I)
a description of each measure such agency proposes to take to avoid the adverse effects;
(II)
to the extent the adverse effects cannot be avoided, a description of each measure such agency proposes to take to minimize and mitigate the adverse effects of the action on such essential fish habitat; and
(III)
if such response is inconsistent with such recommendation an explanation regarding—
(aa)
how each measure described in subclause (I) will avoid such adverse effects; and
(bb)
to the extent such adverse effects cannot be avoided, a description of each measure such agency proposes to take to minimize and mitigate such adverse effects.
(C) Publication
The Secretary shall make available to the public—
(i)
each recommendation made under subparagraph (A) on the date on which such recommendation is made; and
(ii)
each response made by an agency under subparagraph (B) on the date on which such response is received by the Secretary.
(D) Monitoring
The Secretary shall monitor each measure taken by each Federal agency to meet the requirements of this subsection.
(5) Regulations
The Secretary shall issue regulations regarding the consultation process established under this subsection, including—
(A)
ensuring that each recommendation made by the Secretary under paragraph (4) results in the avoidance of adverse effects on essential fish habitat and, to the extent adverse effects cannot be avoided, the minimization and mitigation of any such adverse effects;
(B)
measures to streamline such consultation process with other environmental review processes; and
(C)
procedures to develop programmatic recommendations for measures that avoid, minimize, and mitigate adverse impacts of actions on essential fish habitat.
(6) Required restrictions
A Federal agency may not enter into a lease, easement, right-of-way, or sale of any area designated as essential fish habitat unless such agency attaches appropriate covenants or restrictions on the use of the area to require that parties avoid causing adverse effects to the relevant essential fish habitat.
(7) Considerations for restoration projects
In consulting with a Federal agency under this section for projects that seek to restore and improve the long-term resilience of habitat, particularly in estuarine environments heavily affected by sea level rise and other climate change factors, the Secretary 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.
Sec. 503. Reducing bycatch
(a) Minimizing bycatch
(1) National standards for fishery conservation 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 avoided, 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
(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, provided that an annual catch limit and accountability measures are in place for the species and constrain catch in the fishery; 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 program
(1) Establishment
Not later than 3 years after the date of the enactment of the Sustaining America’s Fisheries for the Future Act of 2025, the Secretary shall establish a national standardized reporting program (referred to in this subsection as
the program)—(A)
to assess the amount and type of bycatch occurring in each fishery and across fisheries;
(B)
to determine the contribution of bycatch to the total fishing-related mortality of each fishery; and
(C)
to evaluate the effects of bycatch on relevant fisheries and the ecosystem.
(2) Methodology and standards
The Secretary shall, in carrying out the program—
(A)
identify appropriate methodologies and standards to collect and produce statistically accurate and precise information regarding bycatch; and
(B)
require consistent data reporting, collection, and assessment for each fishery managed under a fishery management plan.
(3) Multiple jurisdictions
If a species is caught in areas under the jurisdiction of more than 1 Council or fishery management plan, the Secretary shall require consistent reporting mechanisms across each such jurisdiction to ensure that data with respect to such species can be aggregated and compared.
(4) Coordination with States
The Secretary shall coordinate with State fishery managers to carry out paragraph (3).
(b) Bycatch reduction engineering program
Section 316 (16 U.S.C. 1865) is amended—
(1)
in subsection (a)—
(A)
by inserting (in this section referred to as the
after program
)bycatch reduction program
; and
(B)
by striking paragraphs (3) and (4) and inserting the following:
(3)
provide information, outreach, technical assistance, and training to Councils, tribes, and fishery participants that will encourage adoption and use of technologies and methods developed under the program; and
(4)
provide for routine consultation with the Councils to maximize opportunities to incorporate results of the program in Council actions and provide incentives for adoption of technologies and methods developed under the program in fishery management plans, actions, and other measures developed by the Councils or the Secretary.; and
(2)
in subsection (d)—
(A)
by striking transmit an annual report
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 each bycatch reduction technology and method developed, tested, or supported by the program, and a summary of how each such technology and method have been implemented into fishery management, or an explanation for why each such technology and method has not been implemented.
Sec. 504. Improving rebuilding outcomes
Section 304(e) (16 U.S.C. 1854(e)) is amended to read as follows:
(e) Rebuilding overfished fisheries and ending overfishing
(1) Determination of status
(A) In general
The Secretary shall determine, at any time based on the best scientific information available, for each stock of fish within the geographic area of authority of each Council (or the Secretary, for stocks of fish managed under section 302(a)(3)), whether each such stock of fish is—
(i)
subject to overfishing;
(ii)
overfished; or
(iii)
approaching a condition of being overfished.
(B) Criteria for determination
(i) Criteria provided by managing document
In making a determination under subparagraph (A), the Secretary shall, with respect to a stock of fish managed under a stock of fish management plan or international agreement, use the criteria specified in such plan or agreement.
(ii) Approaching a condition of being overfished
In making a determination under subparagraph (A), the Secretary shall classify a stock of fish as approaching a condition of being overfished if, based on trends in fishing effort, fishery resource size, and other appropriate factors, the Secretary estimates that the stock of fish will become overfished within 2 years.
(iii) Stocks of fish lacking criteria
For stocks of fish that lack criteria as required under section 303(a)(10), the Secretary shall determine whether the stock of fish is subject to overfishing or overfished using the best available scientific information.
(2) Publication
(A) In general
The Secretary shall publish each determination made under paragraph (1) in the Federal Register.
(B) Notification of Council
If the Secretary determines that a stock of fish is subject to overfishing, overfished, or approaching a condition of being overfished under paragraph (1), the Secretary shall immediately notify the appropriate Council and request that action be taken—
(i)
to end overfishing with respect to the stock of fish immediately;
(ii)
for a stock of fish that is overfished, to end overfishing immediately and to implement conservation and management measures to rebuild the affected stock of fish; or
(iii)
for a stock of fish that is approaching a condition of being overfished, to end overfishing immediately and prevent the stock of fish from reaching a overfished condition.
(C) Annual report
The Secretary shall annually submit to Congress and each Council a report regarding the status of each stock of fish, including—
(i)
a list of each determination made with respect to a stock of fish under paragraph (1) during the preceding year;
(ii)
an identification of each stock of fish managed under this Act that is under a rebuilding plan or in need of a rebuilding plan (as specified by this section), including—
(I)
specifying the number of years the stock of fish has been in a rebuilding plan;
(II)
the anticipated length in years of the current rebuilding plan of the stock of fish;
(III)
the number of rebuilding plans that have been implemented for the stock of fish; and
(IV)
whether a lack of adequate progress toward ending overfishing and rebuilding has been found for the stock of fish; and
(iii)
the use, as appropriate, of the term depleted to further describe an overfished stock of fish that has been significantly impacted by environmental factors in addition to (or in the absence of) fishing pressure.
(3) Required action by Council
(A) Determination that requires action
Not later than 2 years after date on which the Secretary makes any of the following determinations, the appropriate Council (or the Secretary, for a fishery managed under section 302(a)(3)) shall take an action described in subparagraph (B):
(i)
A determination that a stock of fish is subject to overfishing, overfished, or approaching a condition of being overfished.
(ii)
A determination that a rebuilding plan has failed under paragraph (7)(C).
(iii)
A determination that a stock of fish has reached the end of the time period for a rebuilding plan under paragraph (8).
(B) Actions
The actions described in this subparagraph are—
(i)
with respect to a stock of fish that is subject to overfishing, to end overfishing immediately and prevent overfishing of the stock;
(ii)
with respect to a stock of fish that is overfished, to end overfishing immediately and to rebuild the stock of fish; or
(iii)
with respect to a stock of fish that is approaching a condition of being overfished, to end overfishing immediately and prevent the stock of fish from reaching such condition.
(4) Rebuilding plan required
For a stock of fish that is overfished, any management document prepared pursuant to paragraph (3) or (5) for such fishery shall—
(A)
specify a time period for rebuilding the stock of fish that shall—
(i)
be as short as possible, taking into account the status and biology of overfished stocks of fish, the needs of fishing communities, recommendations by international organizations in which the United States participates, and the interaction of the overfished stock of fish within the marine ecosystem; and
(ii)
not exceed the time the stock of fish would be rebuilt in the absence of any fishing mortality plus 1 mean generation;
(B)
allocate both overfishing restrictions and recovery benefits fairly and equitably among sectors of the fishery;
(C)
for a stock of fish managed under an international agreement, reflect traditional participation in the stock of fish, relative to other nations, by fishermen of the United States; and
(D)
contain objective and measurable criteria for evaluating rebuilding progress.
(5) Secretarial plan
If a Council does not meet the deadline described in paragraph (3)(A) to submit a management document the Secretary shall, not later than 9 months after the date on which such deadline expires, prepare such management document for the affected stock of fish under subsection (c).
(6) Interim measures
(A) In general
During the development of a management document for a stock of fish required by this subsection, a Council may request that the Secretary implement interim measures to reduce overfishing under section 305(c) until such measures can be replaced by such management document.
(B) Measures allowed
Interim measures described in subparagraph (A), if otherwise in compliance with the provisions of this Act, may be implemented even if such measures are not sufficient to stop overfishing of a fishery.
(7) Assessment of rebuilding plan
(A) Secretarial review
(i) In general
The Secretary shall review each management document relating to a stock of fish required by this subsection not less often than once every 2 years to determine whether such management document has resulted in adequate progress toward rebuilding affected stocks of fish.
(ii) Lack of adequate progress
In carrying out a review under clause (i), the Secretary shall find a lack of adequate progress toward rebuilding an affected stock of fish if—
(I)
the status of the stock of fish is not improving sufficiently such that it becomes unlikely that the stock of fish will be rebuilt within the rebuilding time period;
(II)
the applicable fishing mortality rate or annual catch limits are exceeded, and the causes and rebuilding consequences of such exceedances have not been corrected;
(III)
new scientific information demonstrates that assumptions regarding the biology of the stock of fish that formed the basis for the rebuilding plan, such as the productivity of the stock of fish, were fundamentally inaccurate, and such inaccuracies render the current rebuilding plan unable to address the rebuilding needs of the stock of fish; or
(IV)
for such other reasons as the Secretary determines appropriate.
(B) Finding of inadequate progress
(i) In general
Except as provided in subparagraph (C), if the Secretary finds after a review under subparagraph (A) that a management document has not resulted in adequate progress toward rebuilding affected stocks of fish, the Secretary shall—
(I)
in the case of a stock of fish to which section 302(a)(3) applies, immediately make revisions necessary to achieve adequate progress toward rebuilding the stock of fish by the deadline established under paragraph (4); or
(II)
for all other stocks of fish, immediately notify the appropriate Council, which shall make revisions necessary to achieve adequate progress toward rebuilding the stock of fish by not later than the deadline established under paragraph (4).
(ii) Council inaction
If a Council fails to complete the action required under subclause (II) by the date that is 9 months after the date of the Council receives a notification from the Secretary under that subclause, the Secretary shall, not later than 18 months after the date of such notification, make such revisions as are needed to ensure adequate progress toward rebuilding the stock of fish by not later than the rebuilding deadline established under paragraph (4).
(C) Failed rebuilding plan
If the Secretary finds that revisions pursuant to subparagraph (B) cannot achieve adequate progress within the time period set under paragraph (4), the Secretary may find that the rebuilding plan for the stock of fish has failed.
(D) Publication
The Secretary shall publish the results of a review performed under this paragraph in the Federal Register, including a determination of adequate progress or inadequate progress, and the basis for such determination.
(8) Subsequent rebuilding plan
(A) In general
If a rebuilding time period established under paragraph (4) expires and the relevant stock of fish has not been rebuilt, or the Secretary determines that an existing rebuilding plan for a stock of fish has failed under paragraph (7)(C), the Council (or Secretary in the case of a stock of fish to which section 302(a)(3) applies) shall prepare a new rebuilding plan pursuant to paragraphs (3) through (6), except that such plan shall have not less than a 75-percent chance of rebuilding the stock of fish by the end of the new rebuilding time period set under paragraph (4).
(B) Management measures in effect
Management measures intended to rebuild the stock of fish shall remain in effect during the preparation of a rebuilding plan under subparagraph (A).
(9) Management document
In this subsection, the term management document means a management plan, management plan amendment, or proposed regulations for a stock of fish.
Sec. 505. Overfished fisheries and preventing overfishing
(a) Information provided by scientific and statistical committees
Section 302(g)(1) (16 U.S.C. 1852(g)(1)) is amended—
(1)
in subparagraph (A), by inserting ecological,
after social,
; and
(2)
by amending subparagraph (B) to read as follows:
(B)
Each scientific and statistical committee shall provide its Council with ongoing scientific advice for fishery management decisions, including—
(i)
recommendations—
(I)
for accounting for all sources of mortality in establishing management measures;
(II)
for the acceptable biological catch levels;
(III)
for preventing overfishing;
(IV)
for maximum sustainable yield; and
(V)
for achieving rebuilding targets and promoting resilience of stocks of fish to climate change;
(ii)
objective and measurable criteria to determine whether a stock of fish is overfished or experiencing overfishing; and
(iii)
reports regarding stock status and health, sources of mortality, bycatch, habitat status, social, ecological, and economic impacts of management measures, and sustainability of fishing practices, and prevailing and anticipated future impacts of climate change on stocks of fish, fishing communities, and fishery sectors.
(b) Minimum required precautionary standard
Section 303(a)(10) (16 U.S.C. 1853(a)(10)) is amended to read as follows:
(10)
specify objective and measurable criteria for identifying when the stock of fish to which the plan applies is overfished or subject to overfishing (with an analysis of how such criteria were determined and the relationship of such criteria to the reproductive potential of stocks of fish in that fishery), which may not be less precautionary than the recommendation of the scientific and statistical committees for such fishery as required by section 302(g)(1)(B), and, in the case of a fishery which the Council or the Secretary has determined is approaching a condition of being overfished or is overfished, contain conservation and management measures to prevent overfishing or end overfishing and rebuild the fishery;
(c) Technical correction
Section 301 of the Modernizing Recreational Fisheries Management Act of 2018 (16 U.S.C. 1801 note) is amended to read as follows:
301. Rule of construction
Nothing in this Act, including the amendment made by section 102(a)(3), may be construed to modify the requirements of section 301(a), 302(h)(6), 303(a)(15), or 304(e) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851(a), 1852(h)(6), 1853(a)(15), or 1854(e)), or the equal application of such requirements and other standards and requirements under that Act (18 U.S.C. 1801 et seq.) to commercial, charter, and recreational fisheries, including each component of mixed-use fisheries.
Sec. 506. Preparation and review of Secretarial plans
Section 304(c)(1) (16 U.S.C. 1854(c)) is amended—
(1)
by striking may
and inserting shall
;
(2)
in subparagraph (A), by inserting not to exceed 2 years, or 9 months in the case of a management plan or amendment subject to section 304(e)(7)(B)
after time
;
(3)
in subparagraph (B), by inserting not later than 180 days after the disapproval
before the semicolon; and
(4)
by adding at the end the following:
Not later than 30 days before the date on which a time period established in subparagraph (B) or (C) ends, the Secretary shall provide written notification to the affected Council that if such Council does not fulfill the requirements described in such subparagraph, the Secretary shall issue a Secretarial plan.
Sec. 507. Councils
Section 302(h) (16 U.S.C. 1852(h)) is amended—
(1)
in paragraph (5), by striking and
at the end;
(2)
in paragraph (7)—
(A)
by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and
(B)
by inserting after subparagraph (A) the following:
(B)
prioritize fisheries and habitats experiencing or expected to experience shifts in geographic range, spatial distribution, or productivity;;
(3)
by redesignating paragraphs (8) and (9) as paragraphs (11) and (12), respectively; and
(4)
by inserting after paragraph (7) the following:
(8)
approve, for each of its managed stocks of fish, objective and measurable criteria for identifying whether the stock of fish is overfished or experiencing overfishing, which may not be less precautionary than the recommendation of its scientific and statistical committee;
(9)
develop and implement a habitat protection plan to protect essential fish habitat in the region of the Council from adverse effects caused by fishing, including—
(A)
quantitative and measurable targets and goals to increase quality, quantity, and representativeness of essential fish habitat; and
(B)
conservation and management measures in a fishery management plan to implement the habitat protection plan;
(10)
at routine intervals not less frequently than every 7 years and based on scientific evidence or other relevant information, review habitat protection plans developed under paragraph (9) by such Council and each designation of essential fish habitat and habitat areas of particular concern under section 303(a)(7) by such Council, and amend fishery management plans of such Council as necessary and appropriate;
Sec. 508. Forage fish conservation
(a) Findings
Section 2(a) (16 U.S.C. 1801(a)) is amended by adding at the end the following:
(17)
Forage fish are generally small to intermediate-sized species, occurring in schools or dense aggregations, and function as a main pathway for energy to flow from phyto- and zooplankton to higher trophic level predators, including tuna, Alaska pollock, and other wildlife, in marine ecosystems. While most species function as prey of others at some life stage, especially when small and young, forage fish maintain this important trophic role throughout their life. Further, fluctuations in their populations can result in significant changes in marine communities and ecosystems. Therefore, particular attention to management of forage fish species, and addressing their unique role in marine ecosystems, is critical to maintaining ecosystem function and sustainable fisheries.
(b) Definitions
(1) Secretary to define forage fish
Section 305 (16 U.S.C. 1855) is amended by adding at the end the following:
(n) Forage fish
Not later than 12 months after the date of the enactment of the Sustaining America’s Fisheries for the Future Act of 2025, the Secretary, with advice from the Councils, shall issue a definition of the term forage fish for the purposes of this Act, giving due consideration to definitions of
forage fishincluded in approved fishery management plans. In defining such term, the Secretary shall consider factors including whether a species covered by such definition, throughout the lifecycle of such species—(1)
is at a low trophic level;
(2)
is generally small- to intermediate-sized;
(3)
occurs in schools or other dense aggregations;
(4)
contributes significantly to the diets of other fish, marine mammals, or birds; and
(5)
serves as a conduit for energy transfer to species at a higher trophic level.
(2) Definitions
Section 3 (16 U.S.C. 1802) is amended—
(A)
by redesignating the second paragraph (33) as paragraph (53);
(B)
by redesignating paragraphs (28) through (50) as paragraphs (30) through (52), respectively;
(C)
by redesignating paragraphs (19) through (27) as paragraphs (20) through (28), respectively;
(D)
by inserting after paragraph (18) the following:
(19)
The term forage fish—
(A)
has the meaning given the term by the Secretary under section 305(n); and
(B)
with respect to a species in a fishery managed pursuant to a fishery management plan or plan amendment that is approved by the Secretary, in coordination with the Councils, under section 304(a), means any species identified in such plan as a forage fish.; and
(E)
by inserting after paragraph (28), as so redesignated by paragraph (3) of this section, the following:
(29)
The term low trophic level means a position in the marine food web in which the fish generally consume plankton.
(c) Scientific advice
Section 302(g)(1)(B) (16 U.S.C. 1852(g)(1)(B)) is amended to read as follows:
(B)
Each scientific and statistical committee shall provide its Council ongoing scientific advice for fishery management decisions, including recommendations for—
(i)
acceptable biological catch;
(ii)
preventing overfishing;
(iii)
maximum sustainable yield;
(iv)
achieving rebuilding targets;
(v)
maintaining a sufficient abundance, diversity, and localized distribution of forage fish populations to support their role in marine ecosystems; and
(vi)
reports on stock status and health, bycatch, habitat status, social and economic impacts of management measures, and sustainability of fishing practices.
(d) Council functions
(1) Research priorities
Section 302(h)(7) (16 U.S.C. 1852(h)(7)) is amended, in the matter preceding subparagraph (A), by inserting forage fish populations and distribution,
after habitats,
.
(2) Unmanaged forage fish
Section 302(h) (16 U.S.C. 1852(h)) is amended—
(A)
in paragraph (11), as so redesignated by section 507 of this Act, by striking and
at the end;
(B)
by redesignating paragraph (12), as so redesignated by section 507 of this Act, as paragraph (13); and
(C)
by inserting after paragraph (11) the following:
(12)
develop a list of unmanaged forage fish occurring in the area under its authority and recommend within fishery management plans the prohibition of the development of any new directed forage fish fishery until the Council has—
(A)
considered the best scientific information available and evaluated the potential impacts of forage fish harvest on existing fisheries, fishing communities, and the marine ecosystem;
(B)
determined whether conservation and management of the forage fish fishery is needed;
(C)
if a determination is made that conservation and management is needed, prepared and submitted to the Secretary a fishery management plan or amendment consistent with section 303; and
(D)
received final, approved regulations from the Secretary pursuant to section 304(b)(3); and
(3) Effective date
The amendments made by paragraphs (1) and (2) shall take effect 2 years after the date of the enactment of this section.
(e) Contents of fishery management plans
(1) Forage fish management
Section 303(a) (16 U.S.C. 1853(a)) is amended—
(A)
in paragraph (16), as added by section 102 of this Act, by striking and
at the end;
(B)
in paragraph (17), as added by section 102 of this Act, by striking the period at the end and inserting ; and
; and
(C)
by adding at the end the following:
(18)
when setting annual catch limits for forage fish fisheries, assess and specify such limits by the diet needs of fish species and other marine wildlife, such as marine mammals and birds, for which forage fish is a significant part of their diet.
(2) Effective date
The amendments made by paragraph (1) shall take effect 5 years after the date of the enactment of this section.
(f) Action by Secretary
Section 304 (16 U.S.C. 1854) is amended by adding at the end the following:
(l) Forage fish management guidelines
(1) In general
Not later than 18 months after the date of the enactment of the Sustaining America’s Fisheries for the Future Act of 2025, the Secretary, in coordination with the Councils, shall establish by regulation guidelines to assist the Councils in implementing sections 3(19), 302(h)(9), and 303(a)(16).
(2) Workshops
In developing the guidelines under paragraph (1), the Secretary shall conduct workshops with Councils and other scientific, fisheries, and conservation interests.
(g) River herring and shad
(1) Definitions
In this subsection—
(A) River herring
The term river herring means blueback herring (Alosa aestivalis) and alewife (Alosa pseudoharengus).
(B) Shad
The term shad means American shad (Alosa sapidissima) and hickory shad (Alosa mediocris).
(2) Amendments of plans
Not later than 180 days after the date of the enactment of this subsection, the Secretary shall—
(A)
amend the fishery management plans for the Atlantic herring and Atlantic mackerel, squid, and butterfish fisheries for the New England and Mid-Atlantic regions to add shad and river herring as managed stocks in such plans consistent with section 302(h)(1) (16 U.S.C. 1852(h)(1));
(B)
initiate additional fishery management plan amendments to be completed in not more than 1 year from the date of the addition of the species identified in paragraph (1) in order to develop and implement all required conservation and management measures for such stocks consistent with the Magnuson-Stevens Fisheries Conservation and Management Act (16 U.S.C. 1801 et seq.) and all other applicable law; and
(C)
notwithstanding any other law, rule, or fishery management plan provision, including conservation and management measures under section 303(a)(11) (16 U.S.C. 1853(a)(11)), reallocate existing resources to provide, for not less than 50 percent of all relevant fishing trips, not fewer than 1 at-sea observer or an onboard electronic or video means of producing equivalent at-sea monitoring information, for any vessel using mid-water trawl or paired mid-water trawl fishing gear in the Atlantic herring and Atlantic mackerel fisheries.
(h) Rule of construction
Nothing in this section may be construed as—
(1)
extending or diminishing the jurisdiction or authority of any State within its boundaries; or
(2)
affecting—
(A)
section 306 (16 U.S.C. 1856); or
(B)
the Atlantic Coastal Fisheries Cooperative Management Act (16 U.S.C. 5101 et seq.).
Sec. 509. Funding for monitoring implementation of Northeast Multispecies Fishery Management Plan
Section 311(f)(4) (16 U.S.C. 1861(f)(4)) is amended by striking pursuant to this section to enforce that Plan
and inserting to enforce and monitor (including electronic monitoring) implementation of such Plan
.
Sec. 510. Highly migratory species
Section 304(g)(1) (16 U.S.C. 1854(g)(1)) is amended—
(1)
in subparagraph (B), by inserting a scientific and statistical committee and
after establish
; and
(2)
by amending subparagraph (C) to read as follows:
(C)
for stocks of fish not managed pursuant to the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.), develop annual catch limits that may not exceed the fishing level recommendations of the scientific and statistical committee;
Title VI International fisheries management
Sec. 601. Conservation Commissioner of Atlantic Tunas Convention
(a) Appointment and procedure of Commissioners
Section 3(a) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971a(a)) is amended to read as follows:
(a) Appointment and number; rules of procedure; term
(1) Appointment
The President shall appoint 4 Commissioners to serve as delegates of the United States to the Commission as follows:
(A)
1 Commissioner shall be a Federal employee who shall serve as Chair.
(B)
3 Commissioners shall not be Federal employees, of whom—
(i)
1 shall have knowledge and experience regarding commercial fishing in the Atlantic Ocean, Gulf of Mexico, or Caribbean Sea;
(ii)
1 shall have knowledge and experience regarding recreational fishing in the Atlantic Ocean, Gulf of Mexico, or Caribbean Sea; and
(iii)
1 shall have knowledge and experience in marine conservation and shall represent the public interest in marine conservation and nonconsumptive uses of the Atlantic Ocean, Gulf of Mexico, and Carribean Sea.
(2) Term of appointment
(A) Length of term
The term of a Commissioner appointed under paragraph (1) shall be 3 years.
(B) Consecutive terms
No individual appointed under paragraph (1) shall serve more than 2 consecutive terms as Commissioner.
(C) Pleasure of President
Each Commissioner appointed under paragraph (1) shall serve at the pleasure of the President.
(3) Representation of the United States
(A) In general
At meetings of the Commission, Council, any Panel, or any other function as provided for in the Convention, the United States shall be represented by the Commissioner described in paragraph (1)(A) and 2 Commissioners described in paragraph (1)(B).
(B) Procedures for rotation
The Secretary of State, in consultation with the Secretary, shall establish procedures under which the Commissioners appointed described in paragraph (1)(B) rotate in representing the United States to the Commission.
(C) Right to participation
Each Commissioner appointed under paragraph (1) may—
(i)
attend all meetings of the Commission, Council, any Panel, or any other function as provided for in the Convention; and
(ii)
participate fully in all United States preparatory activity for any activity relating to the Convention.
(b) Regulation may not decrease allocation or quota
Section 6(c)(3) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971d(c)(3)) is amended by striking or decreasing
.
Sec. 602. Conservation Commissioner of Western and Central Pacific Fisheries Convention
Section 503(a) of the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6902(a)) is amended to read as follows:
(a) In general
(1) Representation
The United States shall be represented on the Commission by 5 United States Commissioners.
(2) Appointment
(A) In general
The President shall appoint individuals to serve on the Commission.
(B) Qualifications of Commissioners
In making appointments under this paragraph, the President shall select Commissioners from among individuals who are knowledgeable or experienced concerning highly migratory fish stocks and commercial fishing in the Western and Central Pacific Ocean—
(i)
1 of whom shall be an officer or employee of the Department of Commerce;
(ii)
1 of whom shall be the chairman or a member of the Western Pacific Fishery Management Council;
(iii)
1 of whom shall be the chairman or a member of the Pacific Fishery Management Council; and
(iv)
1 of whom shall be an individual with knowledge and experience in marine conservation who shall represent the public interest in marine conservation and non-consumptive uses of the Western and Central Pacific Ocean.
(3) Pleasure of President
Each individual appointed by the President to serve on the Commission shall serve at the pleasure of the President.
(4) Rules of procedure
The Commissioners shall be entitled to adopt such rules of procedure as they find necessary and to select a chairman from among members who are officers or employees of the United States Government.
Sec. 603. Conservation Commissioner of Inter-American Tropical Tuna Commission
Section 3(a) of the Tuna Conventions Act of 1950 (16 U.S.C. 952) is amended to read as follows:
(a) Commissioners
(1) Appointment
The President shall appoint 4 individuals to represent the United States on the Commission.
(2) Removal
The Commissioners appointed under paragraph (1) shall be subject to supervision and removal by the Secretary of State, in consultation with the Secretary.
(3) Qualifications
In making an appointment under paragraph (1), the President shall select Commissioners from among individuals who are knowledgeable or experienced concerning highly migratory fish stocks in the eastern tropical Pacific Ocean—
(A)
1 of whom shall be an officer or employee of the Department of Commerce; and
(B)
1 of whom shall be an individual with knowledge and experience in marine conservation, and who shall represent the public interest in marine conservation and nonconsumptive uses of the eastern tropical Pacific Ocean.
(4) Limitation on appointments
The President may not appoint more than 2 Commissioners under paragraph (1) who reside in a State other than a State the vessels of which maintain a substantial fishery in the area of the Convention.
Sec. 604. Application of annual catch limit and accountability measures requirement
Section 104(b) of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (16 U.S.C. 1853 note) is amended to read as follows:
(b) Effective dates; application to certain species
The amendment made by subsection (a)(10)—
(1)
except as provided in paragraph (2), shall apply to any management plan for a stock of fish prepared by any Council or the Secretary, including a management plan governing a stock of fish managed under an international agreement in which the United States participates; and
(2)
shall not apply to a management plan for a stock of fish for a species that has a life cycle of approximately 1 year unless the Secretary has determined such stock of fish is subject to overfishing with respect to such species; and
(3)
shall not limit or otherwise affect the requirements of section 301(a)(1) or 304(e) of the Magnuson-Stevens Fishery Conservation and Management Act.
Sec. 605. Authorization of appropriations
There is authorized to be appropriated to the Secretary the following amounts to carry out the provisions of this Act:
(1)
For fiscal year 2026, $698,142,000.
(2)
For fiscal year 2027, $714,200,000.
(3)
For fiscal year 2028, $730,626,000.
(4)
For fiscal year 2029, $747,431,000.
(5)
For fiscal year 2030, $764,621,000.