,,ib ,union ,calendar ,no4 #ejb #aagth ,,congress #b;d ,session ,h4 ,r4 #dfij ,report ,no4 #aag-fhe1 ,part ,i ,,in ,,the ,,house ,,of ,,representatives ,july #bf1 #bjba,mr4 ,huffman 7for himself and ,mr4 ,case7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committee on ,agriculture1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,december #cj1 #bjbb;,additional sponsors3 ,mr4 ,neguse1 ,mr4 ,suozzi1 ,mr4 ,blumenauer1 ,mr4 ,cohen1 ,mrs4 ,napolitano1 ,mr4 ,lowenthal1 ,ms4 ,norton1 ,ms4 ,lofgren1 ,mr4 ,levin of ,michigan1 ,mrs4 ,peltola1 ,mrs4 ,dingell1 ,mr4 ,ruppersberger1 ,ms4 ,porter1 ,mr4 ,lieu1 and ,ms4 ,chu ,december #cj1 #bjbb,reported from the ,committee on ,natural ,resources with an amendment,strike out all after the enacting clause and insert the part printed in italic ,december #cj1 #bjbb;,committee on ,agriculture discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed,for text of introduced bill1 see copy of bill as introduced on ,july #bf1 #bjba ,a ,,bill ,to reauthorize and amend the ,magnuson-,stevens ,fishery ,conservation and ,management ,act1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,sustaining ,america's ,fisheries for the ,future ,act of #bjbb4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4,sec4 #b4 ,table of contents4,sec4 #c4 ,references4,sec4 #d4 ,definitions4,sec4 #e4 ,gender inclusive language4,sec4 #f4 ,conforming amendments to the table of contents of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act4,title ,i--,climate-,ready ,fisheries,sec4 #aja4 ,findings1 purpose1 and policy4,sec4 #ajb4 ,promoting climate resilience in fisheries management4,sec4 #ajc4 ,incorporating climate science4,sec4 #ajd4 ,climate-ready fisheries innovation program4,sec4 #aje4 ,managing shifting stocks4,sec4 #ajf4 ,emerging fisheries4,title ,,ii--,supporting fishing communities,sec4 #bja4 ,fishery ,resource ,disaster ,relief4,sec4 #bjb4 ,subsistence fishing4,sec4 #bjc4 ,working ,waterfronts ,grant ,program4,sec4 #bjd4 ,seafood marketing4,sec4 #bje4 ,community participation in limited access privilege programs4,sec4 #bjf4 ,findings4,sec4 #bjg4 ,participation by fishery-dependent communities4,title ,,iii--,strengthening public process and transparency,sec4 #cja4 ,tribal representation at the ,pacific ,fishery ,management ,council4,sec4 #cjb4 ,tribal representation at the ,north ,pacific ,fishery ,management ,council4,sec4 #cjc4 ,atlantic ,councils4,sec4 #cjd4 ,council procedures and participation4,sec4 #cje4 ,council accountability and membership4,sec4 #cjf4 ,western ,pacific ,sustainable ,fishery ,fund4,sec4 #cjg4 ,national ,oceanic and ,atmospheric ,administration sexual harassment and assault prevention4,title ,,iv--,modernizing fisheries science and data,sec4 #dja4 ,data modernization4,sec4 #djb4 ,expanding and improving electronic technologies4,sec4 #djc4 ,stock ,assessments4,sec4 #djd4 ,cooperative research and management4,sec4 #dje4 ,northeast ,regional pilot research trawl survey and study4,sec4 #djf4 ,recreational data consistency4,sec4 #djg4 ,emergency operating plans4,sec4 #djh4 ,zeke ,grader ,fisheries ,conservation and ,management ,fund4,sec4 #dji4 ,offshore wind collaboration4,sec4 #daj4 ,shark populations analysis4,title ,v--,sustaining fisheries through healthy ecosystems and improved management,sec4 #eja4 ,sense of ,congress4,sec4 #ejb4 ,essential fish habitat consultation4,sec4 #ejc4 ,reducing bycatch4,sec4 #ejd4 ,improving rebuilding outcomes4,sec4 #eje4 ,overfished fisheries and preventing overfishing4,sec4 #ejf4 ,preparation and review of secretarial plans4,sec4 #ejg4 ,councils4,sec4 #ejh4 ,forage fish conservation4,sec4 #eji4 ,funding for monitoring implementation of ,northeast ,multispecies ,fishery ,management ,plan4,sec4 #eaj4 ,highly migratory species4,title ,,vi--,international fisheries management,sec4 #fja4 ,conservation ,commissioner of the ,atlantic ,tunas ,convention ,act4,sec4 #fjb4 ,conservation ,commissioner to the ,western and ,central ,pacific ,fisheries ,convention4,sec4 #fjc4 ,conservation ,commissioner to the ,inter-,american ,tropical ,tuna ,commission4,sec4 #fjd4 ,application of annual catch limit and accountability measures requirement4,sec4 #fje4 ,authorization of appropriations4 #c4 ,references ,except as otherwise expressly provided in this ,act1 wherever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to that section or other provision of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq474 #d4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,national ,oceanic and ,atmospheric ,administration4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 #e4 ,gender inclusive language 7a7 ,the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq47 is amended by striking prepared by him each place such term appears and inserting prepared by the ,secretary4 7b7 ,each of the following provisions is amended by striking he each place such term appears and inserting the ,secretary3 7#a7 ,section #bja7;h77#b7 7#af ,u4,s4,c4 #ahba7;h77#b774 7#b7 ,section #bjd7;b7 7#af ,u4,s4,c4 #ahbd7;b774 7#c7 ,section #cje7;c77#a7 7#af ,u4,s4,c4 #ahee7;c77#a774 7#d7 ,section #cjf7;b77#b7 7#af ,u4,s4,c4 #ahef7;b77#b774 7c7 ,each of the following provisions is amended by striking his each place such term appears and inserting the ,secretary's3 7#a7 ,section #c7ci7 7#af ,u4,s4,c4 #ahjb7ci774 7#b7 ,section #bjd7;b77#i7 7#af ,u4,s4,c4 #ahbd7;b77#i774 7#c7 ,section #cjf7;b77#a7 7#af ,u4,s4,c4 #ahef7;b77#a774 7#d7 ,section #cjh7;a7 7#af ,u4,s4,c4 #aheh7;a774 7d7 ,sections #bjd7;b77#d77;,a7 and #cjb7;c77#a77;,d7 7#af ,u4,s4,c4 #ahbd7;b77#d77;,a7 and #aheb7;c77#a77;,d77 are each amended by striking his and inserting such ,secretary's4 7e7 ,subsections 7b77#a77;,b7 and 7c77#a77;,a7 of section #cjb 7#af ,u4,s4,c4 #aheb7;b77#a77;,b7 and 7c77#a77;,a77 are each amended by striking his and inserting such director's4 7f7 ,section #bja7;e77#a77;,d7 7#af ,u4,s4,c4 #ahba7;e77#a77;,d77 is amended by striking he and inserting such ,secretary4 7g7 ,section #bja7;i7 7#af ,u4,s4,c4 #ahba7;i77 is amended by striking his and inserting such ,governor's4 7h7 ,section #bjc7;c77#e77;,c7 7#af ,u4,s4,c4 #ahbc7;c77#e77;,c77 is amended by striking his and inserting the minority leader's4 7i7 ,section #cjb7;c77#a77;,b7 7#af ,u4,s4,c4 #aheb7;c77#a77;,b77 is amended by striking his and inserting such commander's4 7j7 ,section #cjb7;c77#a77;,c7 7#af ,u4,s4,c4 #aheb7;c77#a77;,c77 is amended by striking his and inserting such executive director's4 7k7 ,section #cjb7;f77#d7 7#af ,u4,s4,c4 #aheb7;f77#d77 is amended by striking he and inserting the ,administrator of ,general ,services4 7l7 ,section #cjb7;j77#d7 7#af ,u4,s4,c4 #aheb7;j77#d77 is amended by striking his or her and inserting such individual's4 7m7 ,section #cjb7;j77#g77;,d7 7#af ,u4,s4,c4 #aheb7;j77#g77;,d77 is amended by striking he or she each place such term appears and inserting such individual4 7n7 ,section #cji7;a7 7#af ,u4,s4,c4 #ahei7;a77 is amended by striking he and inserting such person4 7o7 ,section #caa7;b77#a77;,a77i7 7#af ,u4,s4,c4 #ahfa7;b77#a77;,a77i77 is amended by striking he and inserting such officer4 7p7 ,section #caa7;b77#b7 7#af ,u4,s4,c4 #ahfa7;b77#b77 is amended-- 7#a7 by striking he and inserting such person2 and 7#b7 by striking his and inserting such person's4 #f4 ,conforming amendments to the table of contents of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act ,the table of contents is amended to read as follows3 ,,table ,,of ,,contents ,sec4 #b4 ,findings1 purposes1 and policy4 ,sec4 #c4 ,definitions4 ,sec4 #d4 ,authorization of appropriations4 ,,title ,i--,,united ,,states ,,rights ,,and ,,authority ,,regarding ,,fish ,,and ,,fishery ,,resources ,sec4 #aja4 ,united ,states sovereign rights to fish and fishery management authority4 ,sec4 #ajb4 ,highly migratory species4 ,,title ,,ii--,,foreign ,,fishing ,,and ,,international ,,fishery ,,agreements ,sec4 #bja4 ,foreign fishing4 ,sec4 #bjb4 ,international fishery agreements4 ,sec4 #bjc4 ,congressional oversight of international fishery agreements4 ,sec4 #bjd4 ,permits for foreign fishing4 ,sec4 #bje4 ,import prohibitions4 ,sec4 #bjf4 ,large-scale driftnet fishing4 ,sec4 #bjg4 ,international monitoring and compliance4 ,,title ,,iii--,,national ,,fishery ,,management ,,program ,sec4 #cja4 ,national standards for fishery conservation and management4 ,sec4 #cjb4 ,regional fishery management councils4 ,sec4 #cjc4 ,contents of fishery management plans4 ,sec4 #cjd4 ,action by the ,secretary4 ,sec4 #cje4 ,other requirements and authority4 ,sec4 #cjf4 ,state jurisdiction4 ,sec4 #cjg4 ,prohibited ,acts4 ,sec4 #cjh4 ,civil penalties and permit sanctions4 ,sec4 #cji4 ,criminal offenses4 ,sec4 #caj4 ,civil forfeitures4 ,sec4 #caa4 ,enforcement4 ,sec4 #cab4 ,transition to sustainable fisheries4 ,sec4 #cac4 ,north ,pacific fisheries conservation4 ,sec4 #cad4 ,northwest ,atlantic ,ocean fisheries reinvestment program4 ,sec4 #cae4 ,regional ,coastal ,disaster ,assistance1 ,transition1 and ,recovery ,program4 ,sec4 #caf4 ,bycatch ,reduction ,engineering ,program4 ,sec4 #cag4 ,shark ,feeding4 ,sec4 #cah4 ,cooperative ,research and ,management ,program4 ,sec4 #cai4 ,herring ,study4 ,sec4 #cbj4 ,restoration ,study4 ,sec4 #cba4 ,required possession of descending devices4 ,sec4 #cbb4 ,increasing resilience of fish stocks to climate change4,,title ,,iv--,,fishery ,,monitoring ,,and ,,research ,sec4 #dja4 ,registration and information management4 ,sec4 #djb4 ,information collection4 ,sec4 #djc4 ,observers4 ,sec4 #djd4 ,fisheries research4 ,sec4 #dje4 ,incidental harvest research4 ,sec4 #djf4 ,fisheries systems research4 ,sec4 #djg4 ,gulf of ,mexico red snapper research4 ,sec4 #djh4 ,deep sea coral research and technology program4 ,sec4 #dji4 ,recreational data improvement program4 4 ,i ,climate-,ready ,fisheries #aja4 ,findings1 purpose1 and policy ,section #b 7#af ,u4,s4,c4 #ahja7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by amending paragraph 7#b7 to read as follows3 7#b7 ,certain stocks of fish have declined to the point where their survival is threatened1 and other stocks of fish have been so substantially reduced in number that they could become similarly threatened as a consequence of-- 7,a7 increased fishing pressure2 7,b7 the inadequacy of fishery resource conservation and management practices and controls2 7,c7 direct and indirect habitat losses which have resulted in a diminished capacity to support existing fishing levels2 or 7,d7 changing environmental conditions1 including those associated with climate change4 2 7,b7 in paragraph 7#f71 by inserting to account for the impacts of environmental changes on stocks of fish1 after insure conservation12 7,c7 by amending paragraph 7#i7 to read as follows3 7#i7 ,one of the greatest long term threats to the viability of commercial and recreational fisheries is the continuing degradation of marine ecosystems1 including the loss of marine1 estuarine1 and other aquatic habitats1 including as a result of changing environmental conditions associated with climate change4 ,habitat and ecosystem considerations should receive increased attention for the conservation and management of fishery resources of the ,united ,states4 2 7,d7 by adding at the end the following3 7#ad7 ,environmental changes associated with climate change1 including changes in water temperature1 ocean acidification1 and deoxygenation1 are rapidly altering the abundance1 productivity1 and distribution of fish and are affecting commercial1 recreational1 and subsistence fisheries4 7#ae7 ,the impacts of climate change on fish and their habitats are resulting in management and sustainability challenges that threaten to negatively impact marine ecosystems1 fishery resources1 and coastal communities4 7#af7 ,many factors beyond the direct impacts of fishing can contribute to a decline in abundance of a stock of fish1 resulting in depleted fish stocks and threatening the stability of ecosystems and fishing communities1 including climate change1 pollution1 habitat and watershed degradation1 inadequate freshwater resources1 and industrial uses of the ocean4 ,the designation of a stock of fish as overfished indicates that it is depleted and management actions are necessary to allow the stock to rebuild1 regardless of the cause of depletion4 2 7#b7 by amending subsection 7b77#e7 to read as follows3 7#e7 to establish ,regional ,fishery ,management ,councils to exercise sound judgement in the stewardship of fishery resources through the preparation1 monitoring1 and revision of such plans under circumstances-- 7,a7 which will enable the ,states1 the fishing industry1 consumer and environmental organizations1 and other interested persons to participate in1 and advise on1 the establishment and administration of such plans2 7,b7 which take into account the social and economic needs of the ,states2 and 7,c7 which address the impacts of environmental conditions associated with climate change on stocks of fish1 marine ecosystems1 fisheries management1 and coastal communities2 2 and 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#f71 by striking and after the semicolon at the end2 7,b7 in paragraph 7#g71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7#h7 to promote management that accounts for changes in stocks of fish and the marine environment that result from climate change2 and 7#i7 to ensure that the research1 resource management1 and expenditures to prepare fisheries and fishing communities for climate change promote racial and socioeconomic equity with respect to environmental1 economic1 and social outcomes across fisheries and regions4 4 #ajb4 ,promoting climate resilience in fisheries management 7a7 ,in general ,section #cjc7;a7 7#af ,u4,s4,c4 #ahec7;a77 is amended-- 7#a7 in paragraph 7#a77;,a71 by inserting and to promote the resilience of fish stocks to cumulative stressors1 including cumulative stressors associated with climate change before the semicolon at the end2 7#b7 in paragraph 7#c71 by inserting including considering the impacts of climate change1 after fishery12 7#c7 in paragraph 7#h71 by striking #aiia and inserting #bjbb1 and by inserting 1 including data needed to implement the plan effectively under prevailing and anticipated environmental or ecological conditions1 including climate change before the semicolon at the end2 7#d7 in paragraph 7#ac71 by inserting as well as examine the vulnerability of the fishery and fishery participants to the impacts of prevailing and anticipated environmental or ecological conditions1 including climate change before the semicolon at the end2 7#e7 in paragraph 7#ad71 by striking and2 and inserting a semicolon2 7#f7 by striking the period at the end of paragraph 7#ae7 and inserting 2 and2 and 7#g7 by adding at the end the following3 7#af7 assess and describe the anticipated impacts of climate change and other environmental and ecological changes on the fishery1 including an assessment of whether and how the management measures contained in the plan or plan amendment have accounted for these changes1 and a summary of the information used in these assessments2 7#ag7 describe and identify the current range and distribution of1 and fishing patterns on1 fish stocks managed under the plan1 including areas outside the jurisdiction of the ,council having authority to issue the plan1 and for fish stocks whose distribution crosses management boundaries1 describe the measures used for coordination with other relevant management bodies for the conservation and management of the fish stock2 and 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect on the date that is #d years after the date of enactment of this section4 7c7 ,increasing resilience of fish stocks to climate change ,title ,,iii is amended by adding at the end the following3 #cbb4 ,increasing resilience of fish stocks to climate change 7a7 ,vulnerability assessment ,not later than #c years after the date of enactment of the ,sustaining ,america's ,fisheries for the ,future ,act of #bjbb and every #e years thereafter1 the ,secretary shall-- 7#a7 assess the vulnerability of fish stocks within each ,council's geographical area of authority to climate change2 7#b7 notify each ,council of the vulnerability of fish stocks within such geographical area2 and 7#c7 make recommendations to each ,council for measures to increase the resilience of fish stocks within such geographical area identified as vulnerable to climate change4 7b7 ,council prioritization plans 7#a7 ,in general ,no later than one year after receiving a notification from the ,secretary under subsection 7a71 each ,council shall publish a plan identifying management actions to increase resilience of the fish stocks identified as vulnerable to climate change and begin implementing such management actions4 7#b7 ,highly migratory species ,with respect to stocks managed under section #cjb7;a77#c71 not later than one year after issuing a notification under subsection 7a71 the ,secretary shall publish a plan identifying management actions to increase resilience of such fish stocks identified as vulnerable to climate change and begin implementing such management actions4 7#c7 ,report ,not later than #c years after publishing a plan under paragraph 7#a71 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 action4 7c7 ,report to ,congress ,not later than #c years after the date of enactment of the ,sustaining ,america's ,fisheries for the ,future ,act of #bjbb and every #e years thereafter1 the ,secretary shall submit a report to ,congress-- 7#a7 describing the vulnerability of fish stocks to climate change2 7#b7 identifying the risks posed by climate change to the conservation and management of fish stocks2 and 7#c7 summarizing the steps taken by the ,secretary and the ,councils to mitigate and address the impacts on and risks of climate change to fish stocks4 4 7d7 ,guidance for ,councils ,section #cje is amended by adding at the end the following3 7n7 ,guidance ,not later than #b years after the date of enactment of the ,sustaining ,america's ,fisheries for the ,future ,act of #bjbb1 the ,secretary shall issue guidelines to assist the ,councils in preparing and adapting fishery management for the impacts of climate change1 including for consideration of climate change in the conservation and management of fish stocks under each ,council's geographical area of authority4 4 #ajc4 ,incorporating climate science 7a7 ,council training program ,section #cjb7k77#a7 7#af ,u4,s4,c4 #aheb7k77#a77 is amended-- 7#a7 by redesignating subparagraphs 7,c7 through 7,h7 as subparagraphs 7,d7 through 7,i71 respectively2 7#b7 by redesignating subparagraph 7,i7 as subparagraph 7,k72 7#c7 by inserting after subparagraph 7,b7 the following3 7,c7 climate change and its relevant impacts on fisheries health1 range1 and other factors that would affect the conservation and management of a stock2 2 7#d7 by striking and after the semicolon at the end of subparagraph 7,i71 as so redesignated2 and 7#e7 by inserting after subparagraph 7,i71 as so redesignated1 the following3 7,j7 ecosystem-based fishery management2 and 4 7b7 ,fisheries research ,section #djd 7#af ,u4,s4,c4 #ahha;c7 is amended-- 7#a7 in subsection 7a71 by inserting 2 on changes in geographic range1 spatial distribution1 and productivity of a fishery or interrelated fisheries2 after management2 and 7#b7 in subsection 7c77#a71 by inserting changes in geographic range1 spatial distribution1 and productivity of a fishery or interrelated fisheries1after degradation14 #ajd4 ,climate-ready fisheries innovation program 7a7 ,climate-,ready fisheries innovation program ,not later than one year after the date of the enactment of this ,act1 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 change4 ,in administering such program1 the ,administrator shall-- 7#a7 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 impacts2 7#b7 provide for routine input from fishery managers and scientists in order to maximize opportunities to incorporate results of the program in fishery management actions2 7#c7 promote adoption of methods developed under the program in fishery management plans developed by the ,regional ,fishery ,management ,councils2 7#d7 provide information and outreach to the private sector and academic sector to encourage development and operationalization of tools and approaches to manage the effects of climate change on fisheries2 and 7#e7 provide information and outreach to fishery participants to increase understanding of and encourage adoption and use of tools and approaches developed under the program4 7b7 ,coordination of the program 7#a7 ,the ,administrator shall establish a process to ensure coordination with and outreach to-- 7,a7 regional offices and science centers of the ,national ,marine ,fisheries ,service2 7,b7 the ,regional ,fishery ,management ,councils2 7,c7 the scientific and statistical committees of such ,fishery ,management ,councils2 and 7,d7 other relevant programs1 including the cooperative research and management program under section #cah of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahfg71 the ,integrated ,ocean ,observing ,system1 and programs within the ,national ,oceanic and ,atmospheric ,administration designed to address ocean acidification4 7#b7 ,such coordination should include identification of multiyear research priorities to study and understand the current and anticipated impacts of climate change on fisheries1 fisheries interactions1 habitats1 fishery participants1 fishing communities1 seafood markets1 fisheries science and monitoring1 or other relevant priority4 ,such priorities should be routinely reviewed in a timeframe not to exceed #e years and updated as necessary4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator to carry out this section #e1jjj1jjj for each of fiscal years #bjbc through #bjbg4 #aje4 ,managing shifting stocks 7a7 ,cross-,jurisdictional management ,section #cjd7;f7 7#af ,u4,s4,c4 #ahed7;f77 is amended to read as follows3 7f7 ,fisheries under authority of more than one council 7#a7 ,secretarial review of areas of authority ,the ,secretary shall review the geographical area of authority of each ,council in order to determine if a substantial portion of any federally managed fishery within such area is within the area of authority of another council-- 7,a7 upon request of such ,council2 or 7,b7 not less frequently than every #e years4 7#b7 ,designation of ,council to prepare plan ,if the ,secretary determines under paragraph 7#a7 that a substantial portion of a fishery is located in the geographical area of authority of more than one ,council1 the ,secretary shall1 not later than #f months after making such determination-- 7,a7 designate one of the ,councils concerned to prepare the fishery management plan for such fishery and any amendment to such plan1 if required under this ,act2 or 7,b7 designate that such plan and any such amendment1 if required under this ,act1 be prepared jointly by the ,councils concerned4 7#c7 ,deadline for submission of plan ,not later than #b years after the ,secretary makes a designation under paragraph 7#b71 the ,council or ,councils concerned shall prepare and submit a fishery management plan or amendment in accordance with this ,act4 7#d7 ,termination of cross-jurisdictional authority 7,a7 ,request of ,council ,at the request of a ,council or as a result of the review pursuant to paragraph 7#a71 the ,secretary shall determine whether a fishery described in paragraph 7#b7 no longer has a substantial portion located in the geographical area of authority of more than one ,council4 7,b7 ,termination 7i7 ,in general ,if the ,secretary determines under subparagraph 7,a7 that a fishery no longer has a substantial portion located in the geographical area of authority of more than one ,council-- 7,i7 the ,secretary shall determine which ,council has predominant geographic authority over the fishery2 and 7,,ii7 not later than #b years after the date on which the determination under subclause 7,i7 is made1 and at such other times as required under this ,act1 the ,council determined under such subclause shall adopt any existing fishery management plan for the fishery1 and shall prepare and submit any plan amendments necessary for transitioning to single-,council management as well as for any other purposes1 in accordance with the provisions of this ,act4 7ii7 ,repeal of prior plan ,notwithstanding subsection 7h71 upon the date of adoption of a fishery management plan under clause 7i77,,ii71 any preceding fishery management plan with respect to such fishery is repealed4 7#e7 ,establishment of criteria ,the ,secretary shall1 by regulation1 identify criteria for determining under paragraphs 7#a7 and 7#e7 whether a substantial portion of a fishery is located in the geographical area of authority of more than one ,council4 7#f7 ,establishment of boundaries ,the ,secretary shall establish the boundaries between the geographic areas of authority of adjacent ,councils4 7#g7 ,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 members1 present and voting1 of each ,council concerned4 7#h7 ,highly migratory species in certain fisheries ,this subsection shall not apply with respect to any fishery to which section #cjb7;a77#c7 applies4 4 7b7 ,international cooperation in the research and management of cross-,jurisdictional fisheries 7#a7 ,in general ,the ,secretary1 in coordination with the ,secretary of ,state where necessary1 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 boundaries1 including within the same life stage or across life stages4 7#b7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to the ,congress a report that includes-- 7,a7 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 fish stock2 7,b7 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 organizations2 and 7,c7 a #e-year strategy to undertake and complete such research1 including a proposed budget and timeline for that work4 #ajf4 ,emerging fisheries ,section #cje7;a7 7#af ,u4,s4,c4 #ahee7;a77 is amended-- 7#a7 in the subsection heading1 by striking notification of entry and inserting development of new fisheries2 7#b7 by amending paragraph 7#a7 to read as follows3 7#a7 ,the ,secretary shall publish in the ,federal ,register1 subject to paragraph 7#c71 and after notice and an opportunity for public comment-- 7,a7 a list of all fisheries managed under this ,act1 organized by ,federal region 7or ,secretarial management under section #cjb7;a77#c71 as applicable72 and 7,b7 with respect to each such fishery-- 7i7 the types of fishing gear authorized for use in such fishery2 7ii7 the jurisdiction 7,state1 ,federal1 interstate1 or otherwise7 exercising management authority over such fishery2 7iii7 whether a ,fishery ,management ,plan or analogous management structure exists for the fishery2 and 7iv7 the species authorized to be caught and retained in such fishery4 2 7#c7 in paragraph 7#b71 by striking determining and all that follows through the end of the paragraph and inserting determining-- 7,a7 when a fishery is sufficiently different from those listed as to constitute a new fishery2 and 7,b7 minimum criteria for a fishery to be considered managed under paragraph 7#a77;,a71 which1 for federally managed fisheries1 must include having a fishery management plan and associated regulations under this ,act4 4 7#d7 by redesignating paragraph 7#f7 as paragraph 7#g72 and 7#e7 by striking paragraphs 7#c71 7#d71 and 7#e7 and inserting the following3 7#c7 ,not later than #bd months after the date of enactment of the ,sustaining ,america's ,fisheries for the ,future ,act of #bjbb1 and at least once every #e years thereafter1 each ,council 7or the ,secretary for fisheries to which section #cjb7;a77#c7 applies7 shall review the fisheries for which the ,council is responsible on the list required under paragraph 7#a77;,a7 and submit to the ,secretary proposed changes to such list in specific and narrow terms1 including geographic range1 to ensure that only managed fisheries are included on the list4 7#d7 ,the ,secretary shall review proposed changes pursuant to the guidelines established under paragraph 7#b7 and publish a revised list1 after notice and an opportunity for public comment4 7#e7 ,the ,secretary may permit1 pursuant to section #cah7;d71 on a limited interim basis1 fishing activity that is not included on the list1 if-- 7,a7 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 #cjb7;h77#a7 and section #cjc2 7,b7 the ,secretary collects1 evaluates1 and notwithstanding section #djb7;b71 makes public the data generated by the experimental fishing activity at the end of each permit year1 and based on such evaluation1 the ,council renders a determination of whether the fishing activity should be continued1 either in the form of a subsequent year of experimental fishing under this paragraph1 or in the form of a fishery managed under a fishery management plan pursuant to section #cjb7;h77#a7 and section #cjc2 and 7,c7 the data collected from1 and the ,secretary's evaluation of1 the fishing activity are included in any fishery management plan or amendment that is prepared for management of the fishing activity4 7#f7 ,no person or vessel may employ fishing gear or engage in a fishery not included on the list1 except as provided in paragraph 7#d74 ,a ,council may request the ,secretary to promulgate emergency regulations under subsection 7c7 to prohibit any persons or vessels from using an unlisted fishing gear or engaging in an unlisted fishery4 4 ,,ii ,supporting fishing communities #bja4 ,fishery ,resource ,disaster ,relief ,section #cab7;a7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahfa;a7a77 is amended to read as follows3 7a7 ,fishery resource disaster relief 7#a7 ,definitions ,in this subsection3 7,a7 ,allowable cause ,the term allowable cause means a natural cause1 discrete anthropogenic cause1 or undetermined cause4 7,b7 ,anthropogenic cause ,the term anthropogenic cause means an anthropogenic event1 such as an oil spill or spillway opening-- 7i7 that could not have been addressed or prevented by fishery management measures2 and 7ii7 that is otherwise beyond the control of fishery managers to mitigate through conservation and management measures1 including regulatory restrictions imposed as a result of judicial action or to protect human health or marine animals1 plants1 or habitats4 7,c7 ,fishery resource disaster ,the term fishery resource disaster means a disaster that is determined by the ,secretary in accordance with this subsection and-- 7i7 is an unexpected large decrease in fish stock biomass or other change that results in significant loss of access to the fishery resource1 which may include loss of fishing vessels and gear for a substantial period of time and results in significant revenue loss or negative subsistence impacts due to an allowable cause2 and 7ii7 does not include-- 7,i7 reasonably predictable1 foreseeable1 and recurrent fishery cyclical variations in species distribution or stock abundance2 or 7,,ii7 reductions in fishing opportunities resulting from conservation and management measures taken pursuant to this ,act4 7,d7 ,indian tribe ,the term ,indian ,tribe has the meaning given such term in section #ajb of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid1 and the term ,tribal means of or pertaining to such an ,indian tribe4 7,e7 ,natural cause ,the term natural cause-- 7i7 means a weather1 climatic1 hazard1 or biology-related event1 such as-- 7,i7 a hurricane2 7,,ii7 a flood2 7,,iii7 a harmful algal bloom2 7,,iv7 a tsunami2 7,v7 a hypoxic zone2 7,,vi7 a drought2 7,,vii7 ,el ,nin#fo effects on water temperature2 7,,viii7 a marine heat wave2 or 7,,ix7 disease2 and 7ii7 does not mean a normal or cyclical variation in a species distribution or stock abundance4 7,f7 #ab-month revenue loss ,the term #ab-month revenue loss-- 7i7 means the percentage reduction1 as applicable1 in commercial1 charter1 headboat1 or processor revenue for the affected fishery for the #ab months during which the fishery resource disaster occurred1 when compared to average annual revenue in the most recent #e years when no fishery resource disaster occurred or equivalent for stocks with cyclical life histories2 and 7ii7 shall not include any revenue loss resulting from the same distinct cause as a previously determined fishery resource disaster4 7,g7 ,undetermined cause ,the term undetermined cause means a cause in which the current state of knowledge does not allow the ,secretary to identify the exact cause1 and there is no current conclusive evidence supporting a possible cause of the fishery resource disaster4 7#b7 ,general authority 7,a7 ,in general ,the ,secretary shall have the authority to determine the existence1 extent1 and beginning and end dates of a fishery resource disaster under this subsection in accordance with this subsection4 7,b7 ,availability of funds ,after the ,secretary determines that a fishery resource disaster has occurred1 the ,secretary is authorized to make sums available1 from funds appropriated for such purposes1 to be used by the affected ,state1 ,tribal government1 or interstate marine fisheries commission1 or by the ,secretary in cooperation with the affected ,state1 ,tribal government1 or interstate marine fisheries commission4 7,c7 ,savings clause ,the requirements under this subsection shall take effect only with respect to requests for a fishery resource disaster determination submitted after the date of enactment of the ,fishery ,resource ,disasters ,improvement ,act4 7#c7 ,initiation of a fishery resource disaster review 7,a7 ,eligible requesters ,not later than #a year after the date of the conclusion of the fishing season1 a request for a fishery resource disaster determination may be submitted to the ,secretary1 if the ,secretary has not independently determined that a fishery resource disaster has occurred1 by-- 7i7 the ,governor of an affected ,state2 7ii7 an official ,tribal representative or ,tribal resolution2 or 7iii7 any other comparable elected or politically appointed representative as determined by the ,secretary4 7,b7 ,required information ,a complete request for a fishery resource disaster determination under subparagraph 7,a7 shall include-- 7i7 identification of all presumed affected fish stocks2 7ii7 identification of the fishery as ,federal1 non-,federal1 or both2 7iii7 the geographical boundaries of the fishery1 as determined by the eligible requester1 including geographic boundaries that are smaller than the area represented by the eligible requester2 7iv7 preliminary information on causes of the fishery resource disaster1 if known2 and 7v7 information needed to support a finding of a fishery resource disaster1 including-- 7,i7 information demonstrating the occurrence of an unexpected large decrease in fish stock biomass or other change that results in significant loss of access to the fishery resource1 which could include the loss of fishing vessels and gear1 for a substantial period of time2 7,,ii7 significant-- 7aa7 #ab-month revenue loss for the affected fishery2 or 7bb7 negative subsistence impact for the affected fishery1 or if a fishery resource disaster has occurred at any time in the previous #e-year period1 the most recent #e years when no fishery resource disaster occurred1 but shall not include any impacts resulting from the same distinct cause as a previously determined fishery resource disaster2 7,,iii7 if applicable1 information on lost resource tax revenues assessed by local communities1 such as a raw fish tax and local sourcing requirements2 and 7,,iv7 if applicable and available1 information on affected fishery #ab-month revenue loss for charter1 headboat1 or processors related to the information provided under subclause 7,i71 subject to section #djb7;b74 7,c7 ,assistance ,the ,secretary may provide data and analysis assistance to an eligible requester described in paragraph 7#a71 if-- 7i7 the assistance is so requested2 7ii7 the ,secretary is in possession of the required information described in subparagraph 7,b72 and 7iii7 the data is not available to the requester1 in carrying out the complete request under subparagraph 7,b74 7,d7 ,initiation of review ,the ,secretary shall have the discretion to initiate a fishery resource disaster review without a request4 7#d7 ,review process 7,a7 ,interim response ,not later than #bj days after receipt of a request under paragraph 7#c71 the ,secretary shall provide an interim response to the individual that-- 7i7 acknowledges receipt of the request2 7ii7 provides a regional contact within the ,national ,oceanographic and ,atmospheric ,administration2 7iii7 outlines the process and timeline by which a request shall be considered2 and 7iv7 requests additional information concerning the fishery resource disaster1 if the original request is considered incomplete4 7,b7 ,evaluation of requests 7i7 ,in general ,the ,secretary shall complete a review1 within the time frame described in clause 7ii71 using the best scientific information available1 in consultation with the affected fishing communities1 ,states1 or ,tribes1 of-- 7,i7 the information provided by the requester and any additional information relevant to the fishery1 which may include-- 7aa7 fishery characteristics2 7bb7 stock assessments2 7cc7 the most recent fishery independent surveys and other fishery resource assessments and surveys conducted by ,federal1 ,state1 or ,tribal officials2 7dd7 estimates of mortality2 and 7ee7 overall effects2 and 7,,ii7 the available economic information1 which may include an analysis of-- 7aa7 landings data2 7bb7 revenue2 7cc7 the number of participants involved2 7dd7 the number and type of jobs and persons impacted1 which may include-- 7,,aa7 fishers2 7,,bb7 charter fishing operators2 7,,cc7 subsistence users2 7,,dd7 ,united ,states fish processors2 and 7,,ee7 an owner of a related fishery infrastructure or business affected by the disaster1 such as a marina operator1 recreational fishing equipment retailer1 or charter1 headboat1 or tender vessel owner1 operator1 or crew2 7ee7 an impacted ,indian ,tribe2 7ff7 other forms of disaster assistance made available to the fishery1 including prior awards of disaster assistance for the same event2 7gg7 the length of time the resource1 or access to the resource1 has been restricted2 7hh7 status of recovery from previous fishery resource disasters2 7ii7 lost resource tax revenues assessed by local communities1 such as a raw fish tax2 and 7jj7 other appropriate indicators to an affected fishery1 as determined by the ,national ,marine ,fisheries ,service4 7ii7 ,time frame ,the ,secretary shall complete the review described in clause 7i71 if the fishing season1 applicable to the fishery-- 7,i7 has concluded or there is no defined fishing season applicable to the fishery1 not later than #abj days after the ,secretary receives a complete request for a fishery resource disaster determination2 7,,ii7 has not concluded1 not later than #abj days after the conclusion of the fishing season2 or 7,,iii7 is expected to be closed for the entire fishing season1 not later than #abj days after the ,secretary receives a complete request for a fishery resource disaster determination4 7,c7 ,fishery resource disaster determination ,the ,secretary shall make the determination of a fishery resource disaster based on the criteria for determinations listed in paragraph 7#e74 7,d7 ,notification ,not later than #ad days after the conclusion of the review under this paragraph1 the ,secretary shall notify the requester and the ,governor of the affected ,state or ,tribal representative of the determination of the ,secretary4 7#e7 ,criteria for determinations 7,a7 ,in general ,the ,secretary shall make a determination about whether a fishery resource disaster has occurred1 based on the revenue loss thresholds under subparagraph 7,b71 and1 if a fishery resource disaster has occurred1 whether the fishery resource disaster was due to-- 7i7 a natural cause2 7ii7 an anthropogenic cause2 7iii7 a combination of a natural cause and an anthropogenic cause2 or 7iv7 an undetermined cause4 7,b7 ,revenue loss thresholds 7i7 ,in general ,based on the information provided or analyzed under paragraph 7#d77;,b71 the ,secretary shall apply the following #ab-month revenue loss thresholds in determining whether a fishery resource disaster has occurred3 7,i7 ,losses greater than #hj percent may result in a positive determination that a fishery resource disaster has occurred1 based on the information provided or analyzed under paragraph 7#d77;,b74 7,,ii7 ,losses between #ce percent and #hj percent shall be evaluated to determine whether economic impacts are severe enough to determine that a fishery resource disaster has occurred4 7,,iii7 ,losses less than #ce percent shall not be eligible for a determination that a fishery resource disaster has occurred4 7ii7 ,charter fishing ,in making a determination of whether a fishery resource disaster has occurred1 the ,secretary shall consider the economic impacts to the charter fishing industry to ensure financial coverage for charter fishing businesses4 7iii7 ,negative subsistence impacts ,in considering negative subsistence impacts1 the ,secretary shall evaluate the severity of negative impacts to the fishing community instead of applying the revenue loss thresholds described in clause 7i74 7,c7 ,ineligible fisheries ,a fishery subject to overfishing in any of the #c years preceding the date of a determination under this subsection is not eligible for a determination of whether a fishery resource disaster has occurred unless the ,secretary determines that overfishing was not a contributing factor to the fishery resource disaster4 7,d7 ,exceptional circumstances ,in an exceptional circumstance where substantial economic impacts to the affected fishery and fishing community have been subject to a disaster declaration under another statutory authority1 such as in the case of a natural disaster or from the direct consequences of a ,federal action taken to prevent1 or in response to1 a natural disaster for purposes of protecting life and safety1 the ,secretary may determine a fishery resource disaster has occurred notwithstanding the requirements under paragraph 7#c7 and subparagraph 7,b74 7#f7 ,disbursal of appropriated funds 7,a7 ,authorization ,the ,secretary shall allocate funds available under paragraph 7#i7 for fishery resource disasters4 7,b7 ,allocation of ,appropriated fishery resource disaster assistance 7i7 ,notification of funding availability ,when there are appropriated funds for #a or more fishery resource disasters1 the ,secretary shall notify-- 7,i7 the public2 and 7,,ii7 representatives of affected fishing communities with a positive disaster determination that is unfunded2 of the availability of funds1 not more than #ad days after the date of the appropriation or the determination of a fishery resource disaster1 whichever occurs later4 7ii7 ,extension of deadline ,the ,secretary may extend the deadline under clause 7i7 by #ij days to evaluate and make determinations on eligible requests4 7,c7 ,considerations ,in determining the allocation of appropriations for a fishery resource disaster1 the ,secretary shall consider commercial1 charter1 headboat1 or seafood processing revenue losses and negative impacts to subsistence and ,tribal ceremonial fishing opportunity1 for the affected fishery and may consider the following factors3 7i7 ,direct economic impacts4 7ii7 ,uninsured losses4 7iii7 ,losses of recreational fishing opportunity4 7iv7 ,aquaculture operations revenue loss4 7v7 ,direct revenue losses to a fishing community4 7vi7 ,treaty obligations4 7vii7 ,other economic impacts4 7,d7 ,spend plans ,to receive an allocation from funds available under paragraph 7#i71 a requester with an affirmative fishery resource disaster determination shall submit a spend plan to the ,secretary1 not more than #abj days after receiving notification that funds are available1 that shall include the following information1 if applicable3 7i7 ,objectives and outcomes1 with an emphasis on addressing the factors contributing to the fishery resource disaster and minimizing future uninsured losses1 if applicable4 7ii7 ,statement of work4 7iii7 ,budget details4 7,e7 ,regional contact ,if so requested1 the ,secretary shall provide a regional contact within the ,national ,oceanic and ,atmospheric ,administration to facilitate review of spend plans and disbursal of funds4 7,f7 ,disbursal of funds 7i7 ,availability ,funds shall be made available to grantees not later than #ij days after the date the ,secretary receives a complete spend plan4 7ii7 ,method ,the ,secretary may provide an allocation of funds under this subsection in the form of a grant1 direct payment1 cooperative agreement1 loan1 or contract4 7iii7 ,eligible uses 7,i7 ,in general ,funds allocated for fishery resources disasters under this subsection shall restore the fishery affected by such a disaster1 prevent a similar disaster in the future1 or assist the affected fishing community1 and shall prioritize the following uses1 which are not in order of priority3 7aa7 ,habitat conservation and restoration and other activities1 including scientific research1 that reduce adverse impacts to the fishery or improve understanding of the affected species or its ecosystem4 7bb7 ,the collection of fishery information and other activities that improve management of the affected fishery4 7cc7 ,in a commercial fishery1 capacity reduction and other activities that improve management of fishing effort1 including funds to offset budgetary costs to refinance a ,federal fishing capacity reduction loan or to repay the principal of a ,federal fishing capacity reduction loan4 7dd7 ,developing1 repairing1 or improving fishery-related public infrastructure4 7ee7 ,direct assistance to a person1 fishing community 7including assistance for lost fisheries resource levies71 or a business to alleviate economic loss incurred as a direct result of a fishery resource disaster1 particularly when affected by a circumstance described in paragraph 7#e77;,d7 or by negative impacts to subsistence and ,tribal ceremonial fishing opportunity4 7ff7 ,hatcheries and stock enhancement to help rebuild the affected stock or offset fishing pressure on the affected stock4 7,,ii7 ,displaced fishery employees ,where appropriate1 individuals carrying out the activities described in items 7aa7 through 7dd7 of subclause 7,i7 shall be individuals who are1 or were1 employed in a commercial1 charter1 or ,tribal fishery for which the ,secretary has determined that a fishery resource disaster has occurred4 7#g7 ,limitations 7,a7 ,federal share 7i7 ,in general ,except as provided in clauses 7ii7 and 7iii71 the ,federal share of the cost of any activity carried out under the authority of this subsection shall not exceed #ge percent of the cost of that activity4 7ii7 ,waiver ,the ,secretary may waive the non-,federal share requirements of this subsection1 if the ,secretary determines that-- 7,i7 no reasonable means are available through which the recipient of the ,federal share can meet the non-,federal share requirement2 and 7,,ii7 the probable benefit of #ajj percent ,federal financing outweighs the public interest in imposition of the non-,federal share requirement4 7iii7 ,exception ,the ,federal share shall be equal to #ajj percent in the case of-- 7,i7 direct assistance as described in paragraph 7#f77;,f77iii77,i77ee72 or 7,,ii7 assistance to subsistence or ,tribal fisheries4 7,b7 ,limitations on administrative expenses 7i7 ,federal ,not more than #c percent of the funds available under this subsection may be used for administrative expenses by the ,national ,oceanographic and ,atmospheric ,administration4 7ii7 ,state or ,tribal governments ,of the funds remaining after the use described in clause 7i71 not more than #e percent may be used by ,states1 ,tribal governments1 or interstate marine fisheries commissions for administrative expenses4 7,c7 ,fishing capacity reduction program 7i7 ,in general ,no funds available under this subsection may be used as part of a fishing capacity reduction program in a fishery unless the ,secretary determines that adequate conservation and management measures are in place in such fishery4 7ii7 ,assistance conditions ,as a condition of providing assistance under this subsection with respect to a vessel under a fishing capacity reduction program1 the ,secretary shall-- 7,i7 prohibit the vessel from being used for fishing in ,federal1 ,state1 or international waters2 and 7,,ii7 require that the vessel be-- 7aa7 scrapped or otherwise disposed of in a manner approved by the ,secretary2 7bb7 donated to a nonprofit organization and thereafter used only for purposes of research1 education1 or training2 or 7cc7 used for another non-fishing purpose provided the ,secretary determines that adequate measures are in place to ensure that the vessel cannot reenter any fishery anywhere in the world4 7,d7 ,no fishery endorsement 7i7 ,in general ,a vessel that is prohibited from fishing under subparagraph 7,c77ii77,i7 shall not be eligible for a fishery endorsement under section #abaac7;a7 of title #df1 ,united ,states ,code4 7ii7 ,noneffective ,a fishery endorsement for a vessel described in clause 7i7 shall not be effective4 7iii7 ,no sale ,a vessel described in clause 7i7 may not be sold to a foreign owner or reflagged4 7#h7 ,public information on data collection ,the ,secretary shall make available and update as appropriate1 information on data collection and submittal best practices for the information described in paragraph 7#d77;,b74 7#i7 ,authorization of ,appropriations ,there are authorized to be appropriated to carry out this subsection #cgg1jjj1jjj for the period of fiscal years #bjbc through #bjbh4 4 #bjb4 ,subsistence fishing 7a7 ,purposes ,section #b7;b77#c7 7#af ,u4,s4,c4 #ahja7;b77#c77 is amended by inserting 1 subsistence1 after commercial4 7b7 ,definition of subsistence fishing ,section #c 7#af ,u4,s4,c4 #ahjb7 is amended-- 7#a7 by redesignating the second paragraph 7#cc7 7appearing after paragraph 7#ej7 as paragraph 7#ea72 and 7#b7 by inserting after paragraph 7#db7 the following3 7#db;,a7 7,a7 ,subsistence fishing ,the term subsistence fishing means fishing in which the fish harvested are intended for customary and traditional uses1 including-- 7i7 for direct or sharing personal1 family1 or community consumption1 including as food1 shelter1 clothing1 or tools2 7ii7 for the making or selling of handicraft articles out of nonedible byproducts of subsistence fishing2 7iii7 for barter2 and 7iv7 for customary trade4 7,b7 ,in this paragraph-- 7i7 the term family means all persons related by blood1 marriage1 or adoption1 or any person living within the household on a permanent basis2 and 7ii7 the term barter means the exchange of a fish or fish part harvested through subsistence fishing-- 7,i7 for another fish or fish part2 or 7,,ii7 for other food or for nonedible items other than money if the exchange is of a limited and noncommercial nature4 4 #bjc4 ,working ,waterfronts ,grant ,program ,the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq47 is amended by adding at the end the following3 #cbj4 ,working ,waterfronts ,grant ,program 7a7 ,working waterfronts task force 7#a7 ,establishment and functions ,the ,secretary shall establish a task force to work directly with coastal ,states1 user groups1 and coastal stakeholders to identify and address critical needs with respect to working waterfronts4 7#b7 ,membership ,the members of the task force shall be appointed by the ,secretary1 and shall include-- 7,a7 experts in the unique economic1 social1 cultural1 ecological1 geographic1 and resource concerns of working waterfronts2 and 7,b7 representatives from the ,national ,oceanic and ,atmospheric ,administration's ,office of ,coastal ,management1 the ,united ,states ,fish and ,wildlife ,service1 the ,department of ,agriculture1 the ,environmental ,protection ,agency1 the ,united ,states ,geological ,survey1 the ,navy1 the ,national ,marine ,fisheries ,service1 the ,economic ,development ,administration1 and such other ,federal agencies as the ,secretary considers appropriate4 7#c7 ,functions ,the task force shall-- 7,a7 identify and prioritize critical needs with respect to working waterfronts in ,states that have a management program approved by the ,secretary pursuant to section #cjf1 in the areas of-- 7i7 economic and cultural importance of working waterfronts to communities2 7ii7 changing environments and threats working waterfronts face from environmental changes1 trade barriers1 sea level rise1 extreme weather events1 ocean acidification1 and harmful algal blooms2 and 7iii7 identifying working waterfronts and highlighting them within communities2 7,b7 outline options1 in coordination with coastal ,states and local stakeholders1 to address such critical needs1 including adaptation and mitigation where applicable2 7,c7 identify ,federal agencies that are responsible for addressing such critical needs2 and 7,d7 recommend ,federal agencies best suited to address any critical needs for which no agency is responsible under existing law4 7#d7 ,information to be considered ,in identifying and prioritizing policy gaps pursuant to paragraph 7#c71 the task force shall consider the findings and recommendations contained in section ,,vi of the report entitled ,the ,sustainable ,working ,waterfronts ,toolkit3 ,final ,report1 dated ,march #bjac4 7#e7 ,report ,not later than #ah months after the date of the enactment of this section1 the task force shall submit a report to ,congress on its findings4 7#f7 ,implementation ,the head of each ,federal agency identified in the report pursuant to paragraph 7#c77;,c7 shall take such action as is necessary to implement the recommendations contained in the report by not later than one year after the date of issuance of the report4 7b7 ,working waterfronts grant program 7#a7 ,establishment ,the ,secretary shall establish a ,working ,waterfront ,grant ,program1 in cooperation with appropriate ,state1 regional1 and other units of government1 under which the ,secretary may make a grant to any coastal ,state for the purpose of implementing a working waterfronts plan approved by the ,secretary under subsection 7c74 7#b7 ,grants ,the ,secretary shall award matching grants under the ,working ,waterfronts ,grant ,program to coastal ,states with approved working waterfronts plans through a regionally equitable1 competitive funding process in accordance with the following3 7,a7 ,the ,governor1 or an agency designated by the ,governor for coordinating the implementation of this section1 in consultation with any appropriate local government1 shall determine that the application is consistent with the ,state's or territory's approved coastal zone plan1 program1 and policies prior to submission to the ,secretary4 7,b7 ,in developing guidelines under this section1 the ,secretary shall consult with coastal ,states1 other ,federal agencies1 and other interested stakeholders with expertise in working waterfronts planning4 7,c7 ,coastal ,states may allocate grants to local governments1 agencies1 or nongovernmental organizations eligible for assistance under this section4 7#c7 ,considerations ,in awarding a grant to a coastal ,state1 the ,secretary shall consider-- 7,a7 the economic1 cultural1 and historical significance of working waterfronts to the coastal ,state2 7,b7 the demonstrated working waterfronts needs of the coastal ,state as outlined by a working waterfronts plan approved for the coastal ,state under subsection 7c71 and the value of the proposed project for the implementation of such plan2 7,c7 the ability to leverage funds among participating entities1 including ,federal agencies1 regional organizations1 ,state and other government units1 landowners1 corporations1 or private organizations2 7,d7 the potential for rapid turnover in the ownership of working waterfronts in the coastal ,state1 and where applicable the need for coastal ,states to respond quickly when properties in existing or potential working waterfronts areas or public access areas as identified in the working waterfronts plan submitted by the coastal ,state come under threat or become available2 and 7,e7 the impact of the working waterfronts plan approved for the coastal ,state under subsection 7c7 on the coastal ecosystem and the users of the coastal ecosystem4 7#d7 ,timeline for approval ,the ,secretary shall approve or reject an application for such a grant not later than #fj days after receiving an application for the grant4 7c7 ,working waterfronts plans 7#a7 ,development and submission of plan ,to be eligible for a grant under subsection 7b71 a coastal ,state shall submit to the ,secretary a comprehensive working waterfronts plan in accordance with this subsection1 or be in the process of developing such a plan and have an established working waterfronts program at the ,state or local level4 7#b7 ,plan requirements ,such plan-- 7,a7 shall provide for preservation and expansion of access to coastal waters to persons engaged in commercial fishing1 marine recreational and tourism businesses1 aquaculture1 boatbuilding1 or other water-dependent1 coastal-related business2 7,b7 shall include-- 7i7 an assessment of the economic1 social1 cultural1 and historic value of working waterfronts to the coastal ,state2 7ii7 a description of relevant ,state and local laws and regulations affecting working waterfronts in the geographic areas identified in the working waterfronts plan2 7iii7 identification of geographic areas where working waterfronts are currently under threat of conversion to uses incompatible with commercial and recreational fishing1 recreational fishing and boating businesses1 other marine recreational and tourism businesses1 aquaculture1 boatbuilding1 or other water-dependent1 coastal-related business1 and the level of that threat2 7iv7 identification of geographic areas with a historic connection to working waterfronts where working waterfronts are not currently available1 and1 where appropriate1 an assessment of the environmental impacts of any expansion or new development of working waterfronts on the coastal ecosystem2 7v7 identification of other working waterfronts needs including improvements to existing working waterfronts and working waterfronts areas2 7vi7 a strategic and prioritized plan for the preservation1 expansion1 and improvement of working waterfronts in the coastal ,state2 7vii7 for areas identified under clauses 7iii71 7iv71 7v71 and 7vi71 identification of current availability and potential for expansion of public access to coastal waters2 7viii7 a description of the degree of community support for such strategic plan2 and 7ix7 a contingency plan for properties that revert to the coastal ,state pursuant to determinations made by the coastal ,state under subsection 7g77#d77;,c72 7,c7 may include detailed descriptions of environmental impacts on working waterfronts1 including hazards1 sea level rise1 inundation exposure1 and other resiliency issues2 7,d7 may be part of the management program approved under section #cjf2 7,e7 shall utilize to the maximum extent practicable existing information contained in relevant surveys1 plans1 or other strategies to fulfill the information requirements under this paragraph2 and 7,f7 shall incorporate the policies and regulations adopted by communities under local working waterfronts plans or strategies in existence before the date of the enactment of this section4 7#c7 ,a working waterfront plan-- 7,a7 shall be effective for purposes of this section for the #e-year period beginning on the date it is approved by the ,secretary2 7,b7 must be updated and re-approved by the ,secretary before the end of such period2 and 7,c7 shall be complimentary to and incorporate the policies and objectives of regional or local working waterfronts plan as in effect before the date of the enactment of this section or as subsequently revised4 7#d7 ,the ,secretary may-- 7,a7 award planning grants to coastal ,states for the purpose of developing or revising comprehensive working waterfronts plan2 7,b7 award grants consistent with the purposes of this section to ,states undertaking the working waterfronts planning process under this section1 for the purpose of preserving and protecting working waterfronts during such process2 and 7,c7 determine that a preexisting coastal land use plan for that ,state is in accordance with the requirements of this subsection4 7#e7 ,any coastal ,state applying for a working waterfronts grant under this title shall-- 7,a7 develop a working waterfronts plan1 using a process that involves the public and those with an interest in the coastal zone2 7,b7 coordinate development and implementation of such a plan with other coastal management programs1 regulations1 and activities of the coastal ,state2 and 7,c7 if the coastal ,state allows qualified holders 7other than the coastal ,state7 to enter into working waterfronts covenants1 provide as part of the working waterfronts plan under this subsection a procedure to ensure that the qualified holders are fulfilling such qualified holder's obligations under the working waterfronts covenant4 7d7 ,uses1 terms1 and conditions ,a grant under this section may be used-- 7#a7 to acquire a working waterfronts1 or an interest in a working waterfront2 7#b7 to make improvements to a working waterfronts1 including the construction or repair of wharfs1 boat ramps1 or related facilities2 or 7#c7 for necessary climate change adaptation or mitigation4 7e7 ,public access requirement ,a working waterfronts project funded by grants made under this section must provide for expansion1 improvement1 or preservation of reasonable and appropriate public access to coastal waters at or in the vicinity of a working waterfront1 except for commercial fishing or other industrial access points where the coastal ,state determines that public access would be unsafe4 7f7 ,limitations 7#a7 ,except as provided in paragraph 7#b71 a grant awarded under this section may be used to purchase working waterfronts or an interest in working waterfronts1 including an easement1 only from a willing seller and at fair market value4 7#b7 ,a grant awarded under this section may be used to acquire working waterfronts or an interest in working waterfronts at less than fair market value only if the owner certifies to the ,secretary that the sale is being entered into willingly and without coercion4 7#c7 ,no ,federal1 ,state1 or local entity may exercise the power of eminent domain to secure title to any property or facilities in connection with a project carried out under this section4 7g7 ,allocation of grants to local governments and other entities 7#a7 ,designation of qualified holder ,subject to the approval of the ,secretary1 a coastal ,state may1 as part of an approved working waterfront plan1 designate as a qualified holder any unit of ,state or local government or nongovernmental organization1 if the coastal ,state is ultimately responsible for ensuring that the property will be managed in a manner that is consistent with the purposes for which the land entered into the program4 7#b7 ,allocation ,a coastal ,state or a qualified holder designated by a coastal ,state may allocate to a unit of local government1 nongovernmental organization1 fishing cooperative1 or other entity1 a portion of any grant made under this section for the purpose of carrying out this section1 except that such an allocation shall not relieve the coastal ,state of the responsibility for ensuring that any funds so allocated are applied in furtherance of the coastal ,state's approved working waterfronts plan4 7#c7 ,exceptions ,a qualified holder may hold title to or interest in property acquired under this section1 except that-- 7,a7 all persons holding title to or interest in working waterfronts affected by a grant under this section shall enter into a working waterfronts covenant2 7,b7 such covenant shall be held by the coastal ,state or a qualified holder designated under paragraph 7#a72 7,c7 if the coastal ,state determines1 on the record after an opportunity for a hearing1 that the working waterfronts covenant has been violated-- 7i7 all right1 title1 and interest in and to the working waterfronts covered by such covenant shall1 except as provided in subparagraph 7,d71 revert to the coastal ,state2 and 7ii7 the coastal ,state shall have the right of immediate entry onto the working waterfronts2 and 7,d7 if a coastal ,state makes a determination under subparagraph 7,c71 the coastal ,state may convey or authorize the qualified holder to convey the working waterfront or interest in working waterfronts to another qualified holder4 7h7 ,matching contributions 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,secretary shall require that each coastal ,state that receives a grant under this section1 or a qualified holder designated by that coastal ,state under subsection 7g71 shall provide matching funds in an amount equal to at least #be percent of the total cost of the project carried out with the grant4 ,as a condition of receipt of a grant under this section1 the ,secretary shall require that a coastal ,state provide to the ,secretary such assurances as the ,secretary determines are sufficient to demonstrate that the share of the cost of each eligible project that is not funded by the grant awarded under this section has been secured4 7#b7 ,waiver ,the ,secretary may waive the application of paragraph 7#a7 for any qualified holder that is an underserved community1 a community that has an inability to draw on other sources of funding because of the small population or low income of the community1 or for other reasons the ,secretary considers appropriate4 7#c7 ,in-kind contributions ,a local community designated as a qualified holder under subsection 7g7 may use funds or other in-kind contributions donated by a nongovernmental partner to satisfy the matching funds requirement under this subsection4 7#d7 ,funding from other ,federal source ,if financial assistance under this section represents only a portion of the total cost of a project1 funding from other ,federal sources may be applied to the cost of the project4 7#e7 ,value of a working waterfront ,the ,secretary shall treat as non-,federal match the value of a working waterfront or interest in a working waterfront1 including conservation and other easements1 that is held in perpetuity by a qualified holder1 if the working waterfront or interest is identified in the application for the grant and acquired by the qualified holder not later than three years of the grant award date1 or not later than three years after the submission of the application and before the end of the grant award period4 ,such value shall be determined by an appraisal performed at such time before the award of the grant as the ,secretary considers appropriate4 7#f7 ,other considerations ,the ,secretary shall treat as non-,federal match the costs associated with acquisition of a working waterfront or an interest in a working waterfront1 and the costs of restoration1 enhancement1 or other improvement to a working waterfront1 if the activities are identified in the project application and the costs are incurred within the period of the grant award1 or1 for working waterfront described in paragraph 7#f71 within the same time limits described in that paragraph4 ,such costs may include either cash or in-kind contributions4 7i7 ,limit on administrative costs ,the ,secretary may not use more than #e percent of the funds made available under this section may for planning or administration of the program under this section4 7j7 ,other technical and financial assistance 7#a7 ,the ,secretary may use up to #e percent of the funds appropriated under this section to provide technical assistance as described in this subsection4 7#b7 ,the ,secretary shall-- 7,a7 provide technical assistance to coastal ,states and local governments in identifying and obtaining other sources of available ,federal technical and financial assistance for the development and revision of a working waterfronts plan and the implementation of an approved working waterfronts plan2 7,b7 provide technical assistance to ,states and local governments for the development1 implementation1 and revision of comprehensive working waterfronts plans1 which may include1 subject to the availability of appropriations1 planning grants and assistance1 pilot projects1 feasibility studies1 research1 and other projects necessary to further the purposes of this section2 7,c7 assist ,states in developing other tools to protect working waterfronts2 7,d7 collect and disseminate to ,states guidance for best stormwater management practices in regards to working waterfronts2 7,e7 provide technical assistance to ,states and local governments on integrating resilience planning into working waterfronts preservation efforts2 and 7,f7 collect and disseminate best practices on working waterfronts and resilience planning4 7k7 ,reports 7#a7 ,the ,secretary shall-- 7,a7 develop performance measures to evaluate and report on the effectiveness of the program under this section in accomplishing the purpose of this section2 and 7,b7 submit to ,congress a biennial report that includes such evaluations1 an account of all expenditures1 and descriptions of all projects carried out using grants awarded under this section4 7#b7 ,the ,secretary may submit the biennial report under paragraph 7#a77;,b7 by including it in the biennial report required under section #caf4 7l7 ,definitions ,in this section1 the following definitions apply3 7#a7 ,qualified holder ,the term qualified holder means a coastal ,state or a unit of local or coastal ,state government or a non-,state organization designated by a coastal ,state under subsection 7g74 7#b7 ,working waterfront ,the term working waterfront means real property 7including support structures over water and other facilities7 that provides access to coastal waters to persons engaged in commercial and recreational fishing1 recreational fishing and boating businesses1 other marine recreational and tourism businesses1 boatbuilding1 aquaculture1 or other water-dependent1 coastal-related business and is used for1 or that supports1 commercial and recreational fishing1 recreational fishing and boating businesses1 boatbuilding1 other marine recreational and tourism businesses1 aquaculture1 or other water-dependent1 coastal-related business4 7#c7 ,working waterfront covenant ,the term working waterfront covenant means an agreement in recordable form between the owner of working waterfront and one or more qualified holders1 that provides such assurances as the ,secretary may require that-- 7,a7 the title to or interest in the working waterfront will be held by a grant recipient or qualified holder in perpetuity1 except as provided in subparagraph 7,c72 7,b7 the working waterfront will be managed in a manner that is consistent with the purposes for which the property is acquired pursuant to this section1 and the property will not be converted to any use that is inconsistent with the purpose of this section2 7,c7 if the title to or interest in the working waterfront is sold or otherwise exchanged-- 7i7 all working waterfront owners and qualified holders involved in such sale or exchange shall accede to such agreement2 and 7ii7 funds equal to the fair market value of the working waterfront or interest in working waterfront shall be paid to the ,secretary by parties to the sale or exchange1 and such funds shall1 at the discretion of the ,secretary1 be paid to the coastal ,state in which the working waterfront is located for use in the implementation of the working waterfront plan of the ,state approved by the ,secretary under this section2 and 7,d7 such covenant is subject to enforcement and oversight by the coastal ,state or by another person as determined appropriate by the ,secretary4 7m7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary #ab1jjj1jjj for each of fiscal years #bjbc through #bjbg to carry out this section4 4 #bjd4 ,seafood marketing 7a7 ,outreach plan ,the ,secretary of ,agriculture1 in conjunction with the ,administrator1 shall develop an outreach plan to expand ,department of ,agriculture outreach to fishing industry stakeholders to increase awareness of and assist with the use of programs in the ,agricultural ,marketing ,service4 7b7 ,study ,the ,administrator shall1 in consultation with the ,secretary of ,agriculture and members of the seafood industry1 study the possibility of establishing education and marketing programs within the ,national ,oceanic and ,atmospheric ,administration4 7c7 ,reports ,not later than #b years after the date of enactment of this ,act-- 7#a7 the ,secretary of ,agriculture1 in conjunction with the ,administrator1 shall submit a report to ,congress on the outreach plan developed under subsection 7a72 and 7#b7 the ,administrator shall submit a report to ,congress on the findings of the study conducted under subsection 7b74 #bje4 ,community participation in limited access privilege programs 7a7 ,in general ,section #cjc;,a7c7 7#af ,u4,s4,c4 #ahec;a7c77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,c77iii71 by inserting 1 including the participation of fishing communities in the fishery after benefits2 and 7,b7 by adding at the end the following3 7,l7 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 7c77#c74 2 and 7#b7 by amending paragraph 7#c7 to read as follows3 7#c7 ,fishing communities 7,a7 ,eligibility ,to be eligible to participate in a limited access privilege program to harvest fish1 a fishing community shall-- 7i7 be located within the management area of the relevant ,council2 7ii7 consist of residents who conduct commercial or recreational fishing1 processing1 or fishery-dependent support businesses within the ,council's management area2 7iii7 seek to participate in such program for a purpose other than perfecting or realizing a security interest in such access2 and 7iv7 develop and submit a community sustainability plan to the ,council and the ,secretary that demonstrates how the plan will address the social and economic development needs of coastal communities1 including those that have not historically had the resources to participate in the fishery1 for approval4 7,b7 ,community sustainability plan approval 7i7 ,in general ,a community sustainability plan submitted by a fishing community to a ,council and the ,secretary for approval shall include the following components3 7,i7 ,a description of the entity and the ,board and governance for the entity that will receive the allocation4 7,,ii7 ,a description of the quota allocation process that will be used by the fishing community entity1 including an appeals process within the entity4 7,,iii7 ,provisions for monitoring and enforcement of the community sustainability plan4 7,,iv7 ,goals and objectives for the fishing community and how the entity will use the allocation to meet those goals and objectives4 7,v7 ,a description of how the entity will sustain the participation of the fishing community in the fisheries1 including providing for new entry and intergenerational transfer1 encouraging active participation and addressing economic barriers to access to the fisheries4 7,,vi7 ,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 program1 including the potential for strengthening economic conditions in remote fishing communities lacking the resources to participate in harvesting activities in the fishery4 7,,vii7 ,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 participants1 including limitations or measures necessary to prevent an inequitable concentration of limited access privileges within the fishing community4 7ii7 ,previously adopted plan ,a community sustainability plan submitted before the date of enactment of the ,sustaining ,america's ,fisheries for the ,future ,act of #bjbb shall not be invalidated by failure to comply with clause 7i7 unless such plan is amended after such date4 4 7b7 ,audit 7#a7 ,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 ,states4 7#b7 ,determinations and disclosures ,the audit required under paragraph 7#a7 shall determine and disclose the following3 7,a7 ,the amount of harvest privileges or transferable quota that were actively harvested each year from #bjag through #bjbb4 7,b7 ,the amount of harvest privileges or transferable quota that were leased to other parties or entities each year from #bjag through #bjbb4 7,c7 ,the names of corporations1 partnerships1 or other authorized entities that currently hold harvesting privileges or transferable quota in ,federal fisheries4 7,d7 ,the proportion of transferable quota holders 7both individuals and authorized entities7 who are actively fishing their harvesting privileges4 7,e7 ,the average cost of a transferable harvest share in each federally managed limited access privilege program4 7,f7 ,the average leasing cost of a transferable harvest share in each federally managed limited access privilege program where leasing is occurring4 7#c7 ,additional requirements ,in addition to the requirements under paragraph 7#b71 the audit required under this subsection shall-- 7,a7 evaluate the ,secretary of ,commerce's performance overseeing limited access privilege programs in accordance with section #cjc;,a7c77#a77;,j7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahec;a7c77#a77;,j772 and 7,b7 recommend policies to strengthen transparency and achieve full disclosure of ownership of harvest privileges in limited access privilege programs4 7#d7 ,congressional briefing ,not later than one year after the date of enactment of this ,act1 the ,inspector ,general shall brief the appropriate committees of ,congress on the preliminary findings of the audit conducted under paragraph 7#a74 7#e7 ,final report ,not later than #cj days after the date on which a briefing occurs under paragraph 7#d71 the ,inspector ,general shall submit to ,congress a final report setting forth the results of the audit conducted under paragraph 7#a74 #bjf4 ,findings ,section #b7;a77#c7 7#af ,u4,s4,c4 #ahja7;a77#c77 is amended to read as follows3 7#c7 ,commercial1 recreational1 and charter fishing constitute major sources of employment and contribute significantly to the economy of the nation4 ,many coastal areas are dependent upon fishing and related activities1 and their economies have been badly damaged by the overfishing of fishery resources2 ensuring sustainable use of fishery resources is essential to the economic well-being of these areas4 4 #bjg4 ,participation by fishery-dependent communities 7a7 ,in general ,section #cja7;a77#h7 7#af ,u4,s4,c4 #ahea7;a77#h77 is amended to read as follows3 7#h7 ,conservation and management measures shall1 consistent with the conservation requirements of this ,act 7including the prevention of overfishing and rebuilding of overfished stocks71 provide for the sustained participation by fishery-dependent communities1 to the extent practicable1 by using economic and social data that meets the requirements of paragraph 7#b7 to-- 7,a7 minimize adverse economic impacts on such communities2 and 7,b7 include measurable objectives and tangible strategies that provide residents of local fishing communities with sustained access to adjacent fisheries4 4 7b7 ,update of advisory guidelines ,not later than #fj days after the date of enactment of this section1 the ,secretary shall update the advisory guidelines required under section #cja7;b7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahea7;b77 to be consistent with the amendment made by this section4 ,,iii ,strengthening public process and transparency #cja4 ,tribal representation at the ,pacific ,fishery ,management ,council 7a7 ,in general ,section #cjb7;b77#e7 7#af ,u4,s4,c4 #aheb7;b77#e77 is amended-- 7#a7 in subparagraph 7,a71 by striking of not less than #c individuals2 and 7#b7 by adding at the end the following3 7,e7 ,term of tribal representative ,an individual appointed under subparagraph 7,a7 shall serve on the ,pacific ,council until such time as a new appointment to the tribal seat is made under subparagraph 7,a74 4 7b7 ,conforming amendment ,section #cjb7;b77#c7 is amended by striking paragraphs 7#b7 and 7#e7 and inserting paragraph 7#b74 #cjb4 ,tribal representation at the ,north ,pacific ,fishery ,management ,council 7a7 ,in general ,section #cjb7;a77#a77;,g7 7#af ,u4,s4,c4 #aheb7;a77#a77;,g77 is amended-- 7#a7 by striking #aa and inserting #ac2 and 7#b7 by inserting and including #b appointed from ,indian ,tribes in ,alaska that are identified 7including parenthetically7 on the most current list 7as of the date of the enactment of this paragraph7 published by the ,secretary under section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca7 before the period at the end4 7b7 ,appointment ,section #cjb7;b7 7#af ,u4,s4,c4 #aheb7;b77 is amended by adding at the end the following3 7#g7 ,tribal representative on ,north ,pacific ,council 7,a7 ,appointment ,the ,secretary shall appoint to the ,north ,pacific ,council #b individuals described in subparagraph 7,b7 to serve as representatives of ,indian ,tribes in ,alaska that are identified 7including parenthetically7 on the most current list 7as of the date of the enactment of this paragraph7 published by the ,secretary under section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca7 from a list submitted by the ,tribal governments of those ,tribes4 ,the ,secretary1 in consultation with the ,secretary of the ,interior1 ,tribal ,governments1 and the ,alaska ,federation of ,natives1 shall establish by regulation the procedure for submitting a list under this subparagraph4 7,b7 ,required qualifications ,an individual is described in this subparagraph if such individual possesses knowledge of the region's anadramous fish1 of the marine resources managed by the ,council1 of the effects of the ,council's actions on such resources 1and of the region's subsistence uses1 customs1 and traditions relating to such resources and-- 7i7 possesses knowledge of commercial and sport uses of anadramous fish and marine resources in the region2 or 7ii7 demonstrates leadership through involvement in local or regional fish and wildlife management organizations4 7,c7 ,representation ,representation shall be rotated among affected tribal regions1 taking into consideration-- 7i7 the qualifications of the individuals on the list described in subparagraph 7,a72 7ii7 the degree to which the ,indian tribes in the region are dependent on anadromous fish and marine resources in the area managed by the ,council and the impact of ,council actions on such resources2 and 7iii7 the geographic area in which the tribe of the representative is located4 7,d7 ,filling of vacancy ,a vacancy occurring prior to the expiration of any term shall be filled in the same manner as set out in subparagraphs 7,a7 and 7,c71 except that the ,secretary may use the list from which the vacating representative was chosen4 7,e7 ,designation of alternate ,the tribal representative appointed under subparagraph 7,a7 may designate as an alternate an individual knowledgeable concerning tribal rights and fishing practices1 ,indigenous traditional knowledge1 tribal law1 and other marine resources of the geographical area concerned4 7,f7 ,term of appointment ,an individual appointed under subparagraph 7,a7 shall serve on the ,north ,pacific ,council until such time as a new appointment to the tribal seat is made under subparagraph 7,a74 4 #cjc4 ,atlantic ,councils ,section #cjb7;a7 7#af ,u4,s4,c4 #aheb7;a77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a7-- 7i7 by striking #ah and inserting #ai2 and 7ii7 by inserting before the period at the end the following3 and a liaison who is a member of the ,mid-,atlantic ,fishery ,management ,council to represent the interests of fisheries under the jurisdiction of such ,council2 and 7,b7 in subparagraph 7,b7-- 7i7 by striking #ba and inserting #bb2 and 7ii7 by inserting before the period at the end the following3 and a liaison who is a member of the ,new ,england ,fishery ,management ,council to represent the interests of fisheries under the jurisdiction of such ,council2 and 7#b7 by adding at the end the following3 7#d7 ,requirements for liaison ,the ,secretary shall appoint an individual to be a liaison between the ,councils described in subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 who has expertise in a fishery that spans the geographical areas of both such ,councils4 4 #cjd4 ,council procedures and participation 7a7 ,in general ,section #cjb7;e7 7#af ,u4,s4,c4 #aheb7;e77 is amended-- 7#a7 in paragraph 7#e71 by striking ,at the request of any voting member of a ,council1 the ,council shall hold a roll call vote on any matter before the ,council4 and inserting ,each ,council shall hold a roll call vote on all nonprocedural matters before the ,council4 ,at the request of any voting member of a ,council1 the ,council shall hold a roll call vote on any procedural matter before the ,council42 and 7#b7 by adding at the end the following3 7#f7 ,to the extent possible1 each ,council shall-- 7,a7 seek to hold meetings in person2 and 7,b7 ensure the availability of remote meeting participation and voting4 4 7b7 ,council meetings ,section #cjb7;i77#b7 is amended by adding at the end the following3 7,g7 ,each ,council shall make available on the website of the ,council-- 7i7 to the extent possible1 a webcast or a live audio or video broadcast of each meeting of the ,council1 and of the ,council ,coordination ,committee established under subsection 7l71 that is not closed in accordance with paragraph 7#c72 and 7ii7 an audio or video recording 7if the meeting was in person or by video conference71 or a searchable audio recording or written transcript1 of each meeting of the ,council and of the meetings of committees referred to in section #cjb7;g77#a77;,b7 of the ,council1 by not later than #cj days after the conclusion of the meeting4 7,h7 ,the ,secretary shall maintain and make available to the public1 for a period of not less than #e years beginning on the date of a meeting1 an archive of ,council and scientific and statistical committee meeting audio and video recordings and transcripts made available under clauses 7i7 and 7ii7 of subparagraph 7,g74 4 #cje4 ,council accountability and membership 7a7 ,voting members ,section #cjb7;b77#b7 7#af ,u4,s4,c4 #aheb7;b77#b77 is amended-- 7#a7 by amending subparagraph 7,a7 to read as follows3 7,a7 ,required expertise ,in making appointments to the ,council under this section1 the ,secretary shall appoint an individual who1 by reason of occupational or other experience1 scientific expertise1 or training1 is knowledgeable regarding-- 7i7 the conservation and management1 or the commercial1 recreational1 or subsistence harvest1 of the fishery resources of the geographic area concerned2 or 7ii7 ecosystem-based fishery management or climate science4 2 7#b7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,apportionment ,the ,secretary1 in making appointments under this section1 shall1 to the extent practicable1 ensure a fair and balanced apportionment1 on a rotating or other basis1 of active participants 7or their representatives7 in the commercial1 recreational1 and subsistence fisheries under the jurisdiction of the ,council and of members of the conservation community1 scientists1 non-consumptive users1 and indigenous and tribal communities as applicable1 and of the active participants 7or their representatives7 in the commercial1 recreational1 and subsistence fisheries under the jurisdiction of the ,council4 ,the ,secretary shall1 on an annual basis1 submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report on the actions taken by the ,secretary to ensure that such fair and balanced apportionment is achieved4 ,the report shall-- 7i7 list the fisheries under the jurisdiction of each ,council1 outlining for each fishery the type and quantity of fish harvested1 fishing and processing methods employed1 the number of participants1 the duration and range of the fishery1 and other distinguishing characteristics2 7ii7 assess the membership of each ,council in terms of the apportionment of the active participants in each such fishery and of members of the conservation community1 scientists1 non-consumptive users1 indigenous and tribal communities2 and 7iii7 state the ,secretary's plans and schedule for actions to achieve a fair and balanced apportionment on the ,council for the active participants in any such fishery and for the categories of members listed in clause 7ii74 2 and 7#c7 by amending subparagraph 7,c7 to read as follows3 7,c7 ,appointments 7i7 ,list from ,governor 7,i7 ,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 ,state4 7,,ii7 ,requirements for list in submitting a list for the purposes of subclause 7,i71 a ,governor-- 7aa7 may only submit the name of an individual if such ,governor has determined such individual is qualified under the requirements of subparagraph 7,a72 and 7bb7 shall include the names and pertinent biographical data of not less than #c individuals for each applicable vacancy and shall be accompanied by a statement by the ,governor explaining how each such individual meets the requirements of subparagraph 7,a74 7,,iii7 ,review ,the ,secretary shall review each list submitted under this subparagraph4 ,if the ,secretary determines that any individual does not meet the requirements of this paragraph1 the ,secretary shall notify the appropriate ,governor4 7,,iv7 ,response to review ,if a ,governor receives notice under subclause 7,,iii71 the ,governor may submit a revised list or resubmit the original list with an additional explanation of the qualifications of the individual in question4 7ii7 ,individuals who do not have a financial interest ,the ,secretary shall appoint to each ,council at least one individual who does not have a financial interest in matters before the ,council4 7iii7 ,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 7j74 4 7b7 ,section #cjb7;b77#b7 7#af ,u4,s4,c4 #aheb7;b77#b77 is amended by adding at the end the following3 7,f7 ,geographic representation ,in appointing at-large members to the ,western ,pacific ,fishery ,management ,council1 the ,secretary shall ensure geographic representation across all constituent states of the ,council4 4 7c7 ,disclosure of financial interest and recusal ,section #cjb7;j7 7#af ,u4,s4,c4 #aheb7;j77 is amended-- 7#a7 by amending paragraph 7#a77;,b7 to read as follows3 7,b7 the term designated official means an attorney employed in the ,office of the ,general ,counsel of the ,national ,oceanic and ,atmospheric ,administration with an expertise in ,federal conflict-of-interest requirements who is designated by the ,secretary1 in consultation with the ,council1 to attend ,council meetings and make determinations under paragraph 7#g77;,b74 2 7#b7 in paragraph 7#b77;,c71 by inserting contractor1 after partner12 and 7#c7 in paragraph 7#e77;,b71 by striking on the ,internet and inserting on the website of the agency1 on the website of the applicable ,council14 7d7 ,lobbying ,section #cjb 7#af ,u4,s4,c4 #aheb7 is amended by adding at the end the following3 7m7 ,lobbying 7#a7 ,prohibition on council lobbying 7,a7 ,in general ,except as provided in subparagraph 7,b71 ,regional ,fishery ,management ,council members1 members of ,council advisory bodies1 and ,council employees and contractors1 are prohibited from using ,federal funds to attempt to influence the-- 7i7 introduction1 advancement1 enactment1 amendment1 or repeal of ,federal or ,state legislation2 or 7ii7 issuance1 modification1 or overturning of an executive order1 ,presidential proclamation1 or similar ,presidential directive or decree4 7,b7 ,technical and factual presentations ,notwithstanding subparagraph 7,a71 such individuals may provide a technical and factual presentation directly related to the performance of a ,council's duties1 through hearing testimony or written statements1 if such presentation is in response to a documented request and is made available under paragraph 7#d74 7#b7 ,adjudicating violations 7,a7 ,initiation by ,secretary ,the ,secretary may initiate an investigation of a potential violation of this subsection4 7,b7 ,complaint ,the ,secretary shall investigate a complaint submitted by any person or government entity regarding a potential violation of this subsection4 7#c7 ,penalties ,if the ,secretary determines that an individual violated paragraph 7#a71 such individual shall be subject to disciplinary action including suspension or expulsion from participation in1 membership of1 or employment by a council1 advisory body1 or related entity or activity4 7#d7 ,training ,the ,secretary shall provide training to individuals described in paragraph 7#a7 on compliance with rules issued under this subsection and general limits of ,federal grant recipients on contacts with members and staff of the ,executive and ,legislative branches4 7#e7 ,report ,the ,secretary shall submit an annual report to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate that describes-- 7,a7 the funding provided to implement this subsection2 7,b7 complaints received of and investigations into potential violations of this subsection2 and 7,c7 barriers associated with and proposals to improve implementation of this subsection4 7#f7 ,regulations ,not later than #ab months after the date of enactment of the ,sustaining ,america's ,fisheries for the ,future ,act of #bjbb1 the ,secretary shall issue implementing regulations for this subsection4 4 7e7 ,workplace harassment prevention ,section #cjb 7#af ,u4,s4,c4 #aheb7 is further amended by adding at the end the following3 7n7 ,workplace harassment prevention 7#a7 ,prohibition ,the ,secretary shall prohibit any person from harassing a covered individual during the conduct of duties under this ,act4 7#b7 ,harassment prevent training ,council members and staff shall1 as a condition of employment1 not later than #a year after the date of enactment of the ,sustaining ,america's ,fisheries for the ,future ,act of #bjbb or such individual's first day of employment by a ,council and not less often than every #b years thereafter1 complete #b hours of workplace harassment prevention training approved by the office authorized by section #ceda of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag4 7#c7 ,definitions ,in this subsection3 7,a7 ,covered individual ,the term covered individuals means-- 7i7 council members2 7ii7 council staff2 7iii7 advisory panel members2 7iv7 committee members2 7v7 ,federal fishery permit holders2 or 7vi7 staff1 crew1 employees1 or contractors associated with a federally permitted vessel or a facility providing services to such vessels4 7,b7 ,harassment ,the term harassment means unwelcome verbal1 visual1 or physical conduct based on race1 color1 national origin1 religion1 age 7#dj and above71 sex 7including gender identity1 sexual orientation1 and pregnancy71 disability1 genetic information1 or prior ,equal ,employment ,opportunity activity4 4 7f7 ,judicial review ,section #cje7;f77#a7 7#af ,u4,s4,c4 #ahee7;f77#a7 is amended by striking #cj and inserting #fj4 #cjf4 ,western ,pacific ,sustainable ,fishery ,fund ,section #bjd7;e7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahbd7;e77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking in consultation with any appropriate ,council1 and inserting at the request and with the concurrence of the ,governor of the applicable ,pacific ,insular ,area12 7,b7 by striking a ,pacific ,insular ,area-- and inserting that ,pacific ,insular ,area42 and 7,c7 by striking subparagraphs 7,a7 and 7,b72 7#b7 in paragraph 7#c77;,a7-- 7,a7 by inserting and before the ,governor2 7,b7 by striking 1 and the appropriate ,council2 and 7,c7 by adding at the end the following3 ,such permits shall also be consistent with any applicable fishery management plan42 7#c7 in paragraph 7#d7-- 7,a7 in subparagraph 7,a7-- 7i7 by striking the ,western ,pacific ,council and2 7ii7 by inserting of the applicable ,pacific ,insular ,area after ,governor2 and 7iii7 by amending 7v7 to read as follows-- 7v7 western ,pacific community based demonstration projects under section #aab7;b7 of the ,sustainable ,fisheries ,act and other coastal improvement projects in waters beyond the seaward boundary 7as such term is defined in section #d of the ,submerged ,lands ,act7 of any state to foster and promote the management1 conservation1 and economic enhancement of the ,pacific ,insular ,areas4 2 and 7,b7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,in the case of ,american ,samoa1 ,guam1 and the ,northern ,mariana ,islands1 the appropriate ,governor of the applicable ,pacific ,insular ,area shall develop the marine conservation plan described in subparagraph 7,a7 and submit such plan to the ,secretary for approval4 ,in the case of other ,pacific ,insular ,areas1 the ,secretary and the appropriate ,governor of the applicable ,pacific ,insular ,area shall jointly develop the marine conservation plan described in subparagraph 7,a74 2 7#d7 in paragraph 7#f7-- 7,a7 in subparagraph 7,a71 by inserting and at the end2 7,b7 by striking subparagraph 7,b72 and 7,c7 by redesignating subparagraph 7,c7 as subparagraph 7,b72 7#e7 in paragraph 7#g7-- 7,a7 by striking 1 who shall provide such funds only to and inserting for the purposes of2 7,b7 in subparagraph 7,a7-- 7i7 by striking the ,western ,pacific ,council for the purpose of2 and 7ii7 by inserting as determined by the ,secretary1 in consultation with the ,western ,pacific ,sustainable ,fishery ,fund ,advisory ,panel established under section #bjd7;e77#i71 after subsection12 7,c7 in subparagraph 7,b71 by inserting providing such funds as are necessary to before the ,secretary2 7,d7 by amending subparagraph 7,c7 to read as follows3 7,c7 providing such funds as remain in the ,western ,pacific ,sustainable ,fisheries ,fund after the funding requirements of subparagraphs 7,a7 and 7,b7 have been satisfied to the ,governor of ,hawaii to meet conservation and management objectives in the ,state of ,hawaii4 2 and 7,e7 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 ,act42 and 7#f7 by adding at the end the following3 7#i7 ,western pacific sustainable fishery fund advisory panel 7,a7 ,in general ,to assist in carrying out this paragraph1 the ,secretary shall establish and convene an advisory panel under section #cjb7;g7 to evaluate1 determine the relative merits of1 and annually rank applications for grants for implementation of approved marine conservation plans approved under paragraph 7#d74 ,the panel shall consist of members such that-- 7i7 the ,governor of each applicable ,pacific ,insular ,area selects one member2 and 7ii7 no member shall be a member or employee of the ,western ,pacific ,fishery ,management ,council4 7,b7 ,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 panel1 the ,secretary shall provide a detailed written explanation of the reasons for such award4 7,c7 ,notice ,the ,secretary shall provide to the public timely notice of each meeting of the advisory panel4 7,d7 ,minutes ,minutes of each meeting of the advisory panel shall be kept by the ,secretary and shall be made available to the public4 7,e7 ,reports ,the ,secretary shall1 with the assistance of the ,western ,pacific ,sustainable ,fishery ,fund ,advisory ,panel1 submit an annual report to ,congress identifying any projects that were funded in the previous year and the status and progress of projects carried out under this subsection4 7,f7 ,exemption from ,federal ,advisory ,committee ,act ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app7 shall not apply to the advisory panel4 4 #cjg4 ,national ,oceanic and ,atmospheric ,administration sexual harassment and assault prevention 7a7 ,policy on the prevention of and response to sexual harassment involving ,national ,oceanic and ,atmospheric ,administration personnel 7#a7 ,covered personnel ,section #ceda7;a7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7#cc ,u4,s4,c4 #hid7;a77 is amended-- 7,a7 by striking ,not later and inserting the following3 7#a7 ,in general ,not later 2 and 7,b7 by adding at the end the following3 7#b7 ,included personnel ,the individuals who work with or conduct business on behalf of the ,administration referred to in paragraph 7#a7 include the following3 7,a7 ,observers and at-sea monitors required by the ,national ,marine ,fisheries ,service to be aboard commercial fishing vessels and other privately owned vessels1 barges1 or platforms for-- 7i7 commercial fisheries observation required by the ,magnuson-,stevens ,fishery ,conservation and ,management ,act2 7ii7 protected species or endangered species observation required by the ,marine ,mammal ,protection ,act of #aigb or the ,endangered ,species ,act of #aigc2 or 7iii7 platform removal observation4 7,b7 ,council members1 executive and administrative staff1 and advisory panel and committee members of regional fishery management councils established under section #cjb of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act4 7,c7 ,federal fishery permit holders and staff1 crew1 employees1 and contractors associated with federally permitted vessels under the ,magnuson-,stevens ,fishery ,conservation and ,management ,act4 4 7#b7 ,inclusion of equal employment in quarterly reports ,section #ceda7;f7 of such ,act 7#cc ,u4,s4,c4 #hid7;f77 is amended-- 7,a7 by inserting and equal employment after sexual harassment each place it appears2 and 7,b7 in paragraph 7#b7-- 7i7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,d7 and 7,e71 respectively2 and 7ii7 by inserting after subparagraph 7,b7 the following3 7,c7 ,a synopsis of each case and the disciplinary action taken 7if any7 in each case4 4 7b7 ,comprehensive policy on prevention of and response to sexual assaults 7#a7 ,covered personnel ,section #cedb7;a7 of such ,act 7#cc ,u4,s4,c4 #hid;a7a77 is amended-- 7,a7 by striking ,not later and inserting the following3 7#a7 ,in general ,not later 2 and 7,b7 by adding at the end the following3 7#b7 ,included personnel ,the individuals who work with or conduct business on behalf of the ,administration referred to in paragraph 7#a7 include the individuals described in section #ceda7;a77#b74 4 7#b7 ,victim advocates 7,a7 ,in general ,section #cedb7;c77#b7 of such ,act 7#cc ,u4,s4,c4 #hid;a7c77#b77 is amended to read as follows3 7#b7 ,victim advocates ,for purposes of this subsection1 a victim advocate is a full-time permanent employee of the ,administration trained in and responsible solely for matters relating to sexual assault and the comprehensive policy developed under subsection 7a74 4 7,b7 ,location ,section #cedb7;c77#d7 7#cc ,u4,s4,c4 #hid;a7c77#d77 of such ,act is amended by inserting full time after stationed4 7c7 ,annual report on sexual assaults1 sexual harassment1 and equal employment ,section #cedh of such ,act 7#cc ,u4,s4,c4 #hid;e7 is amended-- 7#a7 by striking the section heading and inserting the following3 ,annual report on sexual assaults1 sexual harassment1 and equal employment in the ,national ,oceanic and ,atmospheric ,administration42 7#b7 in subsection 7a71 by inserting 1 sexual harassment1 and equal employment after sexual assaults2 and 7#c7 in subsection 7b7-- 7,a7 in paragraph 7#d71 by inserting 1 including a synopsis of each case and the disciplinary action taken1 if any1 in each case before the period at the end2 and 7,b7 by adding at the end the following3 7#e7 ,a summary of the number of change of station1 unit transfer1 and change of work location requests submitted to the ,under ,secretary under section #cedd7;a71 including the number of such requests that were denied4 7#f7 ,a summary of the number of cases referred to the ,coast ,guard under section #ceej4 7#g7 ,the number of alleged sexual assaults and sexual harassment cases involving fisheries1 protected species1 and endangered species observers1 including-- 7,a7 a synopsis of each case and the status2 7,b7 the disposition of any investigation2 and 7,c7 a description of the fishery management region and fishery or the geographic region and type of permitted operation in which the assault or harassment is alleged to have occurred1 as appropriate4 4 7d7 ,investigation and criminal referral requirements 7#a7 ,technical amendment ,sections #cedh 7as amended7 and #cedi of such ,act 7#cc ,u4,s4,c4 #hid;e and #hid;f7 are redesignated as sections #ceea and #ceeb1 respectively4 7#b7 ,in general ,subtitle ,c of title ,,xxxv of such ,act 7#cc ,u4,s4,c4 #hid et seq47 is amended by inserting after section #cedg the following3 #cedh4 ,exceptions regarding anonymity of survivors in certain cases 7a7 ,in general ,in any case in which an employee1 member of the commissioned officer corps1 or individual conducting business on behalf of the administration elects anonymous reporting under section #ceda7;b77#c77;,b7 or #cedb7;b77#e77;,b71 disclosure of such person's personally identifying information is authorized to the following persons or organizations when disclosure would be for the following reasons3 7#a7 ,to ,national ,oceanic and ,atmospheric ,administration staff or law enforcement personnel1 when authorized by the survivor in writing4 7#b7 ,to ,national ,oceanic and ,atmospheric ,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 person4 7#c7 ,to a victim advocate or healthcare provider1 when required for the provision of victim services4 7#d7 ,to a ,state or ,federal court1 when ordered by such court or if disclosure is required by ,federal or ,state statute4 7b7 ,notice of disclosure and privacy protection ,in any case in which information is disclosed under subsection 7a71 the ,secretary shall-- 7#a7 make reasonable attempts to provide notice to the employee1 member1 or individual whose personally identifying information is disclosed2 and 7#b7 take such action as is necessary to protect the privacy and safety of the employee1 member1 or individual4 #cedi4 ,restricted reporting 7a7 ,in general ,not later than #c years after the date of enactment of this section1 the ,secretary of ,commerce1 acting through the ,under ,secretary for ,oceans and ,atmosphere1 shall develop a mechanism to provide a system of restricted reporting4 7b7 ,restricted reporting defined ,in this section the term restricted reporting means a system of reporting that allows employees of the ,national ,oceanic and ,atmospheric ,administration1 members of the ,commissioned ,officer ,corps of the ,administration1 and individuals who work with or conduct business on behalf of the ,administration who are sexually assaulted to confidentially disclose the details of such person's assault to specified individuals and receive the services outlined in this subtitle title-- 7#a7 without the dissemination of such persons's personally identifying information except as necessary for the provision of such services2 and 7#b7 without automatically triggering an investigative process4 #ceej4 ,mariner referral ,the ,under ,secretary of ,commerce for ,oceans and ,atmosphere1 acting through the ,director of the ,office of ,marine and ,aviation ,operations and in consultation with the ,commandant of the ,coast ,guard1 shall1 not later than #ahj days after the date of the enactment of this section1 develop and implement a policy to report to the ,coast ,guard ,suspension and ,revocation ,national ,center of ,expertise1 the names of personnel of the ,national ,oceanic and ,atmospheric ,administration who-- 7#a7 are the subject of a claim of an act or offense detrimental to good discipline and safety at sea1 such as sexual harassment or sexual assault that is substantiated by an investigation under section #cedf1 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 #e of title #df of the ,code of ,federal ,regulations2 and 7#b7 are-- 7,a7 employees or contractors of the ,administration required to hold a valid merchant mariner credential as a condition of employment2 or 7,b7 crew of a vessel that1 at the time of such act or offence1 was operating under a contract with the ,administration4 4 7e7 ,conforming and clerical amendments 7#a7 ,conforming amendments ,subtitle ,c of title ,,xxxv of such ,act 7#cc ,u4,s4,c4 #hid et seq47 is amended-- 7,a7 by striking the term victims each place it appears and inserting survivors2 7,b7 in section #ceda7;b77#b77;,b71 by striking victim and inserting target of sexual harassment2 7,c7 in section #cedb7;c77#e77;,a71 by striking victim of and inserting survivor of2 7,d7 in section #cedc-- 7i7 in the heading1 by striking victim and inserting survivor2 and 7ii7 by striking victim and inserting survivor2 and 7,e7 in section #cedd-- 7i7 in subsection 7a7-- 7,i7 by striking victims and inserting survivors2 and 7,,ii7 in paragraph 7#a71 by striking was each place such term appears and inserting is2 and 7ii7 by striking victim each place such term appears and inserting survivor4 7#b7 ,clerical amendment ,each of the tables of contents in section #b7;b7 and at the beginning of title ,,xxxv of such ,act is amended-- 7,a7 by striking the item relating to section #cedc and inserting the following3 ,sec4 #cedc4 ,rights of the survivor of a sexual assault4 2 and 7,b7 by striking the items relating to sections #cedh and #cedi and inserting the following3 ,sec4 #cedh4 ,exceptions regarding anonymity of survivors in certain cases4 ,sec4#cedi4 ,restricted reporting4 ,sec4#ceej4 ,mariner referral4 ,sec4#ceea4 ,annual report on sexual assaults1 sexual harassment1 and equal employment in the ,national ,oceanic and ,atmospheric ,administration4 ,sec4 #ceeb4 ,sexual assault defined4 4 7f7 ,prohibited acts ,section #cjg7a77,l7 7#af ,u4,s4,c4 #aheg7a77,l77 is amended-- 7#a7 by striking forcibly2 and 7#b7 by striking on a vessel4 7g7 ,prohibition on service in the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps by individuals convicted of certain sexual offenses ,section #bfa7;a7 of the ,national ,oceanic and ,atmospheric ,administration ,commissioned ,officer ,corps ,act of #bjjb 7#cc ,u4,s4,c4 #cjga7;a77 is amended-- 7#a7 by redesignating paragraphs 7#d7 through 7#bf7 as paragraphs 7#e7 through 7#bg71 respectively2 7#b7 by inserting after paragraph 7#c7 the following3 7#d7 ,section #feg1 relating to prohibition on service by individuals convicted of certain sexual offenses4 4 ,,iv ,modernizing fisheries science and data #dja4 ,data modernization 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary1 acting through the ,assistant ,administrator for ,fisheries1 shall provide to ,congress an implementation plan for the ,fisheries ,information ,management ,modernization initiative4 ,such plan shall include a description of-- 7#a7 activities for the goals and objectives of the initiative2 7#b7 a schedule for implementation2 7#c7 an estimated budget2 7#d7 a plan for stakeholder engagement for development of user-centric systems1 processes1 and policies2 and 7#e7 how the initiative will align with other ,national ,oceanic and ,atmospheric ,administration data management efforts to provide for efficiency and interoperability including such ,administration's ,data ,strategy1 ,cloud ,strategy1 and ,artificial ,intelligence strategy4 7b7 ,information from experts ,in carrying out this section1 the ,secretary shall solicit information1 as needed1 from data management and technology experts inside and outside the government4 7c7 ,report ,the ,secretary shall annually report to ,congress on progress in carrying out this section4 #djb4 ,expanding and improving electronic technologies 7a7 ,sense of ,congress ,it is the sense of ,congress that the use of electronic technologies such as digital video cameras and monitors1 digital recording systems1 and other forms of electronic technology as a complement to1 and in some cases a replacement for1 observers may maintain1 increase1 or improve the amount and accuracy of observer and fishery dependent information collected from fisheries while reducing costs and logistical difficulties4 ,to achieve optimum yields on a continuing basis while conserving and maintaining fisheries and integrating healthy ecosystem considerations1 managers require reliable1 timely data across all regions and fishing sectors for conservation1 management1 and scientific purposes4 ,to achieve management goals especially in the context of climate change1 the ,national ,oceanic and ,atmospheric ,administration should work to meet evolving management needs and1 in collaboration with industry stakeholders1 identify appropriate data collection technologies and strategies4 ,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 conditions4 7b7 ,fishery ,management ,councils ,section #cjc7;b77#h7 7#af ,u4,s4,c4 #ahec7;b77#h77 is amended to read as follows3 7#h7 require the collection of data necessary for the conservation and management of the fishery to be collected from a vessel of the ,united ,states engaged in fishing for species that are subject to the plan through-- 7,a7 electronic monitoring or other electronic technology2 or 7,b7 observers carried onboard such vessel1 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 observer1 or for carrying out observer functions1 are so inadequate or unsafe that the health or safety of the observer or the safe operation of the vessel would be jeopardized2 4 7c7 ,information systems ,section #djb7;a7 7#af ,u4,s4,c4 #ahha;a7a77 is amended-- 7#a7 in paragraph 7#a71 by inserting ,the ,council shall consider the use of electronic monitoring and reporting or other electronic technology as part of an information collection program under this subsection4 after request42 7#b7 in paragraph 7#b71 by inserting ,the ,secretary shall consider the use of electronic monitoring and reporting or other electronic technology as part of an information collection program4 after fishery42 and 7#c7 by adding at the end the following3 7#c7 ,secretarial review ,not less often than once every #e years1 the ,secretary shall review the procedures and policies by which information is collected1 managed1 and used to manage fisheries and revise information collection programs and policies needed to integrate data collection and management1 improve the timeliness1 quality1 usability1 cost-effectiveness1 and to reduce unnecessary duplication within and across fishery management plans and regions4 ,upon the completion of each such review1 the ,secretary shall publish a report for the public describing the findings of such review and planned revisions to information collection programs4 4 7d7 ,assessment of electronic technologies in fisheries management 7#a7 ,in general ,the ,comptroller ,general of the ,united ,states shall1 in consultation with the relevant committees of ,congress1 conduct a review of the capabilities of the ,national ,marine ,fisheries ,service with respect to developing1 deploying1 and using electronic monitoring and data collection tools to monitor fisheries and shall make recommendations to improve such capabilities1 taking into consideration cost1 efficiency1 and collaboration with private entities4 7#b7 ,report ,the ,comptroller ,general shall submit to ,congress a report describing the results of the review required by paragraph 7#a7 and the recommendations made pursuant to such review not later than #ah months after the date of enactment of this ,act4 7e7 ,electronic technologies innovation prize ,the ,administrator1 in consultation with the ,secretary of ,defense and the heads of other relevant ,federal agencies1 and in conjunction with such nongovernmental partners as the ,administrator determines appropriate1 shall establish at least one electronic technologies innovation prize to catalyze the rapid development and deployment of electronic technology-based data collection to be used in fisheries management4 ,such prize shall focus on one or more of the following3 7#a7 ,improved fish species recognition software4 7#b7 ,confidential data management4 7#c7 ,cost-effective storage of electronic reports1 imagery1 location information1 and other data4 7#d7 ,data analysis and visualization4 7#e7 ,artificial intelligence and machine learning applications for data collection and monitoring4 7#f7 ,battery storage and energy supply storage at sea4 7#g7 ,improved internet connectivity onshore and at sea in support of data uploads4 7#h7 ,bycatch hotspot mapping and adaptive use of protected areas4 7#i7 ,such other area as the ,administrator determines appropriate4 7f7 ,advisory panel for electronic technologies development and deployment 7#a7 ,establishment ,the ,secretary shall establish an advisory panel 7referred to in this subsection as the ,advisory ,panel7 to inform the ,administrator1 the ,assistant ,administrator for ,fisheries1 and the ,regional ,fishery ,management ,councils on developments in the advancement of electronic technologies that can be used in fisheries monitoring1 data collection1 and management4 7#b7 ,appointments ,in appointing individuals to the ,advisory ,panel1 the ,secretary shall appoint at least #b members who are electronic technology developers1 operators1 or providers4 7#c7 ,summaries ,the ,secretary shall publish1 on an annual basis1 summaries of ,advisory ,panel discussions1 including a summary of best practices and technical guidance to support ,regional ,fishery ,management ,councils4 7#d7 ,recommendations ,not later than #b years after the date of enactment of this ,act1 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 management4 ,such recommendation shall include-- 7,a7 an assessment of how the ,national ,marine ,fisheries ,service and electronic technology developers1 operators1 and providers could benefit from such performance standards2 7,b7 if the ,advisory ,panel recommends establishing such performance standards1 a recommendation for which factors should be included in such performance standards and how the ,secretary should determine the appropriate standards2 7,c7 an assessment of whether such performance standards are likely to spur increased use of electronic technologies by the ,regional ,fishery ,management ,councils2 7,d7 an assessment of how such performance standards would impact existing regional or fishery-specific technologies currently in use and recommendations on ensuring continued use or improvement of these technologies if such performance standards are established2 7,e7 a list of knowledge gaps or additional questions the ,secretary should consider before publishing such performance standards2 7,f7 recommendations on ensuring cost effectiveness of electronic technologies for fisheries data collection and management2 7,g7 recommendations to address data storage problems of electronic technologies2 7,h7 recommendations on ownership of data collected using electronic technology2 and 7,i7 recommendations on policies and procedures to develop and implement electronic technologies for fisheries data collection and management4 7#e7 ,exemption from the ,federal ,advisory ,committees ,act ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,advisory ,panel4 7#f7 ,savings clause ,nothing in this subsection shall preclude any regional council from independently developing electronic technologies to be used in fisheries data collection and management4 #djc4 ,stock ,assessments ,not later than one year after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall report to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 on the ,national ,marine ,fisheries ,service's progress on prioritizing and improving stock assessments4 ,such report shall-- 7#a7 summarize the methods used for assessments for all stocks of fish for which a fishery management plan is in effect under the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq471 and explain which stocks have not been assessed1 and why2 7#b7 summarize each stock assessment and stock assessment update completed during the preceding year2 7#c7 identify each stock assessment that was planned but not completed and explain why such stock assessment was not completed2 7#d7 include the schedule for all upcoming stock assessments and stock assessment updates2 7#e7 summarize data and analysis1 that1 if available1 would reduce uncertainty in and improve the accuracy of future stock assessments1 including whether such data and analysis could be provided by fishermen1 fishing communities1 universities1 and research institutions2 7#f7 summarize progress on autonomous surveys and identify opportunities to expand new technologies for stock assessments data collection2 and 7#g7 summarize data gaps that may be a result of changing ocean and climate conditions1 and actions taken to address changing assessment needs4 #djd4 ,cooperative research and management 7a7 ,in general ,section #cah 7#af ,u4,s4,c4 #ahfg7 is amended-- 7#a7 in subsection 7a71 by inserting fishing communities1 after data712 7#b7 by amending subsection 7b7 to read as follows3 7b7 ,eligible projects ,the ,secretary shall make funds available under the program for the support of cooperative research and management projects to address critical needs identified by the ,councils4 ,each ,council shall provide a list of such needs to the ,secretary on an annual basis1 identifying and prioritizing such needs4 ,the program shall promote and encourage efforts to use sources of data maintained by other ,federal agencies1 ,state agencies1 local and traditional knowledge1 or academia for use in such projects4 2 7#c7 by amending subsection 7c7 to read as follows3-- 7c7 ,priorities ,in making funds available the ,secretary shall award funding on a competitive basis and based on regional fishery management needs1 select programs that form part of a coherent program of cooperative research or management projects focused on addressing priority issues identified by the ,councils1 and shall give priority to the following projects3 7#a7 ,projects to collect data to improve1 supplement1 or enhance stock assessments1 including the use of fishing vessels or acoustic or other marine technology4 7#b7 ,projects to improve fishery dependent data collection1 intake1 use1 and access including-- 7,a7 to assess the amount and type of bycatch or post-release mortality occurring in a fishery2 7,b7 expanding the use of electronic technology and modernizing data management systems2 and 7,c7 improving monitoring coverage through the expanded use of electronic technology4 7#c7 ,conservation engineering or management projects designed to reduce bycatch1 including avoidance of post-release mortality1 reduction of bycatch in high seas fisheries1 and transfer of such fishing technologies and methods to other nations1 or other regional entities1 including fishing communities1 regional fishery associations1 and fishing sectors4 7#d7 ,projects for the identification of habitat areas of particular concern and for habitat conservation4 7#e7 ,projects designed to collect and compile economic and social data for which electronic technologies can be added4 7#f7 ,projects to test and expand electronic technologies for monitoring1 reporting1 observer coverage1 and other functions4 7#g7 ,projects that use electronic technologies to monitor changing ocean conditions1 improve methods1 support adaptive management1 and enhance climate resilience in fisheries4 7#h7 ,projects designed to identify the impacts of anticipated changing ocean conditions1 including climate change1 on fish stocks1 fisheries1 and fishing communities or designed to develop conservation and management strategies to adapt to those impacts4 7#i7 ,cooperative management projects that make use of data collected under this section4 7#aj7 ,projects to better understand shark depredation1 what causes increases in the behavior1 and how to best address the behavior4 2 7#d7 by redesignating subsections 7e7 and 7f7 as subsections 7f7 and 7g71 respectively2 7#e7 by inserting after subsection 7d7 the following3 7e7 ,cooperative management agreements 7#a7 ,in general ,not later than one year after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,councils and with input from the public1 shall issue guidance to facilitate a transparent1 timely1 uniform1 and regionally based process for the development1 oversight1 and management of cooperative management agreements4 7#b7 ,process for approval ,the ,secretary may use the process developed pursuant to 7d7 to approve cooperative management agreements as if such agreements are cooperative fishing agreements4 7#c7 ,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 ,secretary1 in consultation with the ,councils1 and shall not allow catch in excess of annual catch limits or bycatch in excess of bycatch caps or limits4 7#d7 ,pre-existing agreements ,this subsection shall not apply to a cooperative management agreement submitted to1 proposed by or approved by the ,secretary before the date of enactment of this ,act4 2 and 7#f7 by adding at the end the following3 7h7 ,public report of data ,with respect to any cooperative research project funded or experimental fishing permit issued under this section1 the appropriate ,council shall publish a report of results and data generated by such project or under such permit4 7i7 ,progress report ,not later than #ahj days after the date of enactment of this ,act1 the ,assistant ,administrator for ,fisheries shall provide a report to ,congress on progress in implementing the recommendations of the ,cooperative ,research and ,cooperative ,management ,working ,group report entitled ,,noaa ,technical ,memorandum ,,nmfs-,f_/,,spo-#aef and published in ,august #bjae and on the development and implementation of any subsequent recommendations by such ,working ,group4 4 7b7 ,section #b7;a77#h7 is amended by inserting ,fisheries management is most effective when it uses the best scientific information available1 and incorporates such information from governmental and nongovernmental sources1 including ,state and ,federal agency staff1 fishermen1 fishing communities1 universities1 nonprofit organizations1 local and traditional knowledge from ,tribes1 ,indigenous communities1 and subsistence fishermen1 and research institutions4 ,scientific and statistical committees should consider such information when seeking the best scientific information available to form the basis of conservation and management4 after ,states44 #dje4 ,northeast ,regional pilot research trawl survey and study 7a7 ,industry-,based pilot study ,not later than one year after the date of enactment of this ,act1 the ,secretary shall1 in coordination with the relevant ,councils selected by the ,secretary and the ,northeast ,area ,monitoring and ,assessment ,program1 develop a fishing industry-based ,northeast regional pilot research trawl survey and study to enhance and provide improvement to current ,national ,oceanic and ,atmospheric ,administration vessel trawl surveys4 7b7 ,components ,under the pilot survey and study-- 7#a7 the ,secretary-- 7,a7 may select fishing industry vessels to participate in the study by issuing a request for procurement2 7,b7 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 survey2 7,c7 shall outfit participating vessels with a peer-reviewed net configuration2 and 7,d7 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 trawl surveys2 and 7#b7 the ,national ,marine ,fisheries ,service ,northeast ,fisheries ,science ,center shall1 in partnership with the selected ,councils and the ,virginia ,institute of ,marine ,science1 collect data for #e years4 7c7 ,report ,upon completion of the pilot survey and study1 the ,secretary and the selected ,councils shall submit a detailed report on the results of the pilot survey and study to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 #djf4 ,recreational data consistency 7a7 ,in general ,section #cje 7#af ,u4,s4,c4 #ahee7 is amended by adding at the end the following3 7l7 ,recreational data improvement ,not later than #b years after the date of enactment of the ,sustaining ,america's ,fisheries for the ,future ,act of #bjbb1 the ,secretary shall establish guidelines for recreational catch data1 which shall include the development of data standards to improve timeliness1 accuracy1 precision and validation of data produced by recreational surveys in order to facilitate the use of such data in assessments1 for use in management actions1 and for other uses as applicable4 ,the ,secretary's guidelines shall consider the relevant recommendations developed under section #djd7;e71 subsections 7g77#d77;,c7 and 7h7 of section #dja1 and section #bja7;b7 of the ,modernizing ,recreational ,fisheries ,management ,act of #bjah 7#af ,u4,s4,c4 #ahha note74 ,if recreational catch data for a stock of fish come from more than one survey program1 such as ,federal and non-,federal sources1 including from ,states or ,marine ,fisheries ,commissions1 the ,secretary shall implement measures1 which may include the use of calibration methods1 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 purposes4 4 7b7 ,recreational data improvement program ,title ,,iv is amended by adding at the end the following3 #dji4 ,recreational data improvement program 7a7 ,in general ,the ,secretary shall initiate and maintain a comprehensive program to implement the requirements and associated guidelines in section #cje7l74 ,in executing the program1 the ,secretary shall coordinate with programs established in subsection #dja7;g7 and promote collaboration with ,state and ,federal partners4 7b7 ,strategic plan ,not later than one year after the date of enactment of the ,sustaining ,america's ,fisheries for the ,future ,act of #bjbb1 and not less frequently than once every #e years thereafter1 the ,secretary shall develop and publish in the ,federal ,register a strategic plan for recreational data improvements for the #e years immediately following such publication4 ,the plan shall-- 7#a7 improve coordination between ,federal programs that implement recreational fishing surveys and other data from non-,federal sources1 including data from ,states or ,marine ,fisheries ,commissions2 7#b7 improve the timeliness1 accuracy1 precision1 and validation of data produced by surveys2 7#c7 describe processes to calibrate data sources with historical time series data prior to being used for management2 7#d7 develop methods to integrate recreational data collected from more than one source for use in assessments2 7#e7 create goals1 objectives1 and timeframes for achievement of paragraphs 7#a7 through 7#d72 7#f7 consider the use and effectiveness of experimental fishing permits to carry out such research2 and 7#g7 describe the role of fishery participants in the program4 ,in developing the strategic plan and subsequent plans1 the ,secretary shall cooperate with the ,councils and affected ,states1 provide for coordination with the ,councils1 affected ,states1 and other research and data collection entities1 and allow for public input4 7c7 ,areas of research ,in initiating and maintaining the program1 the ,secretary shall prioritize research and improvement in the following areas3 7#a7 ,development of data standards and validation processes for survey programs collecting data on recreational fishing catch and effort1 including those produced by ,state agencies and considered integral or supplemental to ,federal surveys4 7#b7 ,research to understand how surveys of recreational fishing can more effectively account for differences in fishing rate and effort1 including among fishermen who use private or public access points1 and fishermen who are ,state residents or non-residents4 7#c7 ,methods and policies to improve the estimation of discards in recreational fisheries1 including estimation of discarded fish both during and outside of fishing seasons4 7#d7 ,to improve understanding of best practices for minimizing discard mortality as well as estimation of adoption rates of such practices by fishermen4 7#e7 ,to assess changes in discard mortality estimates when best fishing practices are adequately and verifiably applied4 7#f7 ,research on how the use of electronic applications can be used to collect data in recreational fisheries1 including spatial information1 depth1 discard rate and disposition1 release method1 and socioeconomic information1 while meeting data and validation standards4 7#g7 ,research on how electronic technologies can most effectively be incorporated into survey designs4 7#h7 ,research of methods to integrate recreational catch data from more than one survey source for use in assessments4 7#i7 ,the use of approaches to improve recreational data1 including the use of tag and endorsement measures to fund such data improvement1 stock-wide regional effort surveys1 and species-specific oversampling4 7d7 ,public notice ,in developing the plan required under subsection 7b71 the ,secretary shall publish a proposed plan in the ,federal ,register for the purpose of receiving public comment on the plan4 ,upon final publication in the ,federal ,register1 the plan shall be submitted by the ,secretary to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives4 4 #djg4 ,emergency operating plans 7a7 ,in general ,the ,administrator1 not later than one year after the date of enactment of this ,act and in consultation with the ,fishery ,management ,councils1 relevant ,federal1 ,state1 and international agencies1 scientific and technical experts1 and interested stakeholders1 shall develop a contingency plan for circumstances that would make fisheries monitoring1 including human observation1 surveys1 and other data collection to support stock assessments impractical4 7b7 ,report ,not later than one year after the date of enactment of this ,act1 the ,administrator shall submit a report to ,congress on the contingency plan developed under subsection 7a74 #djh4 ,zeke ,grader ,fisheries ,conservation and ,management ,fund 7a7 ,in general ,section #bjh of the ,magnuson-,stevens ,fishery ,conservation and ,management ,reauthorization ,act of #bjjf 7#af ,u4,s4,c4 #ahia;b7 is amended-- 7#a7 in the section heading1 by inserting ,zeke ,grader before ,fisheries ,conservation and ,management ,fund2 7#b7 in subsection 7a71 by inserting ,zeke ,grader before ,fisheries ,conservation and ,management ,fund2 and 7#c7 in subsection 7c71 by striking ,fishery ,conservation and ,management ,fund each place such term appears and inserting ,zeke ,grader ,fisheries ,conservation and ,management ,fund4 7b7 ,adaptation for climate change ,section #bjh7;b7 of such ,act 7#af ,u4,s4,c4 #ahia;b7b77 is amended-- 7#a7 in paragraph 7#f71 by striking and2 7#b7 in paragraph 7#g71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#h7 conducting research and analysis to prepare and adapt fisheries and fishing communities to the effects of climate change4 4 7c7 ,allocation ,section #bjh7;d7 of such ,act 7#af ,u4,s4,c4 #ahia;b7d77 is amended to read as follows3 7d7 ,allocation 7#a7 ,in general ,except as provided in paragraphs 7#b7 and 7#c71 the ,secretary shall1 every #b years1 apportion amounts from the ,fund among the #h ,council regions according to recommendations of the ,councils1 based on regional priorities identified through the ,council process4 7#b7 ,minimum allocation ,in the case of amounts deposited in the ,fund pursuant to subsection 7c77#b71 unless specified otherwise1 the ,secretary shall allocate not less than #e percent of the ,fund in each allocation period to each region4 7#c7 ,specifically apportioned funds ,the ,secretary may apportion amounts from the ,fund to a specific project or region if such amounts were identified by the ,council that designated such amounts for inclusion in the ,fund under subsection 7c77#a71 or by the appropriation ,act1 ,state1 public source1 or nonprofit or organization from which they were received under subsection 7c77#b71 as being deposited for that specific project or region4 4 7d7 ,references ,any reference in a law1 map1 regulation1 document1 paper1 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 ,fund4 7e7 ,clerical amendment ,the table of contents for the ,magnuson-,stevens ,fishery ,conservation and ,management ,reauthorization ,act of #bjjf 7,public ,law #aji-dgi7 is amended by striking the item relating to section #bjh and inserting the following3 ,sec4 #bjh4 ,zeke ,grader ,fisheries ,conservation and ,management ,fund4 4 #dji4 ,offshore wind collaboration ,the ,secretary and the ,secretary of the ,interior1 acting through the ,bureau of ,ocean ,energy ,management1 shall enter into a cooperative agreement to fund such survey mitigation programs1 additional stock assessments1 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 energy4 #daj4 ,shark populations analysis ,not later than one year after the date of enactment of this ,act1 the ,secretary shall enter into an agreement for an independent analysis to be done on shark populations in the ,gulf of ,mexico and ,atlantic coasts and1 before starting the survey1 develop a plan to integrate the results of this study into the ,secretary's own data sets and fishery management measures4 ,v ,sustaining fisheries through healthy ecosystems and improved management #eja4 ,sense of ,congress ,it is the sense of ,congress that protection of essential fish habitat ensures healthy and resilient fisheries and marine ecosystems1 particularly as oceans conditions shift due to climate change1 and that impacts from both fishing gear and non-fishing activities should be considered through consistent application of essential fish habitat provisions under the ,magnuson-,stevens ,fishery ,conservation and ,management ,act4 #ejb4 ,essential fish habitat consultation 7a7 ,in general ,section #cje7;b7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahee7;b77 is amended-- 7#a7 in paragraph 7#a77;,d71 by inserting and such agencies shall take action after agencies2 7#b7 by striking paragraphs 7#b71 7#c71 and 7#d72 and 7#c7 by adding at the end the following3 7#b7 ,consultations regarding ,federal agency action with adverse effects on essential fish habitat 7,a7 ,requirement to avoid or mitigate adverse effects ,with respect to any ,federal agency action that may have an adverse effect on-- 7i7 essential fish habitat1 each ,federal agency shall1 in consultation with the ,secretary1 ensure that any action authorized1 funded1 or undertaken by such agency avoids the adverse effect of such action on essential fish habitat or1 to the extent that the adverse effect cannot be avoided1 the agency shall minimize and mitigate the adverse effect2 and 7ii7 a habitat area of particular concern1 each ,federal agency shall1 in consultation with the ,secretary-- 7,i7 for the entire period during which such adverse effect is likely to occur1 monitor or require monitoring for such adverse effect2 7,,ii7 for the entire period during which such adverse effect is likely to occur1 take action to minimize and mitigate such adverse effect of the action on-- 7aa7 the habitat area of particular concern2 and 7bb7 the species for with respect to which the habitat area of particular concern is designated2 7,,iii7 evaluate the effectiveness of measures described in subclause 7,,ii7 and report the results of such evaluation to the ,secretary annually4 7,b7 ,considerations ,in consulting with a ,federal agency under subparagraph 7,a7 for projects seeking to restore and improve the long-term resilience of habitat1 particularly in estuarine environments heavily impacted by sea level rise and other climate change factors1 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 activities4 7,c7 ,regulations ,the ,secretary shall establish regulations for the consultation process required by subparagraph 7,a71 including to ensure that recommendations made by the ,secretary pursuant to such subparagraph would result in the avoidance1 of adverse effects on essential fish habitat and1 to the extent adverse effects cannot be avoided1 the minimization and mitigation of any such adverse effects4 7#c7 ,information to council ,the ,secretary shall inform each ,council that has authority over an affected fishery of any consultation carried out under paragraph 7#b71 including information on the proposed action and any potential adverse effects1 and each such ,council-- 7,a7 may comment on and make recommendations to the ,secretary and any ,federal or ,state agency concerning the underlying action if1 in the view of the ,council1 such action may affect the habitat of a fishery resource under the authority of such ,council2 and 7,b7 shall comment on and make recommendations to the ,secretary and any ,federal or ,state agency concerning the underlying action if1 in the view of the ,council1 such action is likely to adversely affect the habitat of an anadromous fishery resource under the authority of such ,council4 7#d7 ,information from other sources 7,a7 ,receipt of information ,if the ,secretary receives information from any source and determines that an action taken1 funded1 or authorized or proposed to be taken1 funded1 or authorized by a ,state or ,federal agency may have an adverse effect on an essential fish habitat identified under this ,act1 the ,secretary shall recommend to such agency measures that avoid such adverse effects and to the extent the adverse effects cannot be avoided1 minimize and mitigate such adverse effects4 7,b7 ,required response ,not later than #cj days after receiving a recommendation under subparagraph 7,a71 a ,federal1 ,state1 or local agency shall provide a detailed response in writing to any ,council comment under paragraph 7#c7 and the ,secretary regarding the matter4 ,the response shall include a description of measures proposed by the agency for avoiding the adverse effects1 or to the extent the adverse effects cannot be avoided1 mitigating the adverse effects of the action on such essential fish habitat4 ,in the case of a response that is inconsistent with the recommendations of the ,secretary1 the ,federal1 ,state1 or local agency shall explain how the alternative measures proposed will avoid the adverse effects of such action on essential fish habitat or1 to the extent that adverse effects cannot be avoided1 minimize and mitigate the adverse effects4 7,c7 ,publication ,the ,secretary shall make available to the public-- 7i7 any recommendation made under subparagraph 7,a7 on the date on which such recommendation is made2 and 7ii7 any response made by an agency under subparagraph 7,b7 on the date on which such response is received4 7,d7 ,monitoring ,the ,secretary shall monitor measures taken by each ,federal agency to meet the requirements of this subsection4 7,e7 ,report to ,congress ,not later than #e years after the date of the enactment of the ,sustaining ,america's ,fisheries for the ,future ,act of #bjbb and not less frequently than every #e years thereafter1 the ,secretary shall submit a report-- 7i7 describing the effectiveness of measures taken by the ,secretary to ensure the conservation and enhancement of essential fish habitat2 and 7ii7 identifying opportunities for partnerships between the ,national ,oceanic and ,atmospheric ,administration1 in consultation with other ,federal agencies1 ,state agencies1 and non-,federal partners to enhance data collection1 research1 and monitoring of essential fish habitat4 4 7b7 ,contents of fishery management plans ,section #cjc7;a77#g7 7#af ,u4,s4,c4 #ahec7;a77#g77 is amended to read as follows3 7#g7 describe and identify-- 7,a7 essential fish habitat for the fishery based on the guidelines established by the ,secretary under section #cje7;b77#a77;,a71 minimize adverse effects on essential fish habitat caused by fishing1 and identify other actions to encourage the conservation and enhancement of essential fish habitat2 and 7,b7 habitat areas of particular concern based on the guidelines established by the ,secretary under section #cje7;b77#a77;,a71 avoid adverse effects on such habitat caused by fishing1 monitor efficacy of actions to avoid adverse effects1 and identify other actions to encourage the conservation and enhancement of such habitat2 4 7c7 ,purpose ,section #b7;b77#g7 7#af ,u4,s4,c4 #ahja7;b77#g77 is amended by striking in the review of projects and inserting from adverse effects caused by fishing and from projects4 7d7 ,habitat areas of particular concern ,section #c 7#af ,u4,s4,c4 #ahjb7 is amended-- 7#a7 by redesignating paragraph 7#a7 as paragraph 7#a;,a72 7#b7 by inserting before paragraph 7#a;,a71 as redesignated1 the following3 7#a7 ,adverse effect ,the term adverse effect means1 with respect to essential fish habitat1 any impact that reduces the quality or quantity of essential fish habitat4 2 and 7#c7 by inserting after paragraph 7#ai7 the following3 7#ai;,a7 ,habitat areas of particular concern ,the term habitat areas of particular concern means specific types or areas of habitat that are part of or within essential fish habitat that-- 7,a7 provide important ecological function1 including for maintaining and restoring the biomass1 demographic1 spatial and genetic characteristics of fish populations2 7,b7 are sensitive to human-induced environmental degradation2 7,c7 are or will be significantly stressed by human activities2 7,d7 due to prevailing or anticipated future environmental conditions1 are or may become important to the health of managed species2 or 7,e7 are rare4 4 #ejc4 ,reducing bycatch 7a7 ,minimizing bycatch 7#a7 ,national standards for fishery conservation and management ,section #cja7;a77#i7 7#af ,u4,s4,c4 #ahea7;a77#i77 is amended to read as follows3 7#i7 ,conservation and management measures shall-- 7,a7 minimize bycatch2 and 7,b7 to the extent bycatch cannot be avoided1 minimize the mortality of such bycatch4 4 7#b7 ,contents of fishery management plans ,section #cjc 7#af ,u4,s4,c4 #ahec7 is amended-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#e71 by inserting quantification of bycatch1 after hauls12 and 7ii7 in paragraph 7#aa71 by striking to the extent practicable and2 and 7,b7 in subsection 7b7-- 7i7 in paragraph 7#ab71 by striking and at the end2 and 7ii7 by inserting after paragraph 7#ab7 the following3 7#ac7 consider full retention requirements for species with high catch mortality rates2 and 4 7#c7 ,action by the ,secretary ,section #cjd 7#af ,u4,s4,c4 #ahed7 is amended-- 7,a7 by redesignating the second subsection 7i7 as subsection 7j72 and 7,b7 by adding at the end the following3 7k7 ,standardized bycatch reporting program 7#a7 ,establishment ,not later than #c years after the date of enactment of the ,sustaining ,america's ,fisheries for the ,future ,act of #bjbb1 the ,secretary shall establish a national standardized reporting program 7referred to in this subsection as the program7 to assess the amount and type of bycatch occurring in each fishery and across fisheries1 determine the contribution of bycatch to the total fishing-related mortality of each fishery1 and evaluate the effects of bycatch on relevant fisheries and the ecosystem4 7#b7 ,methodology and standards ,the ,secretary shall1 acting through the program-- 7,a7 identify appropriate methodologies and standards for collecting and producing statistically accurate and precise information regarding bycatch2 and 7,b7 require consistent data reporting1 collection1 and assessment for all fisheries managed under fishery management plans4 7#c7 ,multiple jurisdictions ,in a case in which a species is caught in areas under the jurisdiction of more than one ,council or fishery management plan1 the ,secretary shall require consistent reporting mechanisms across jurisdictions to ensure that data can be aggregated and compared4 7#d7 ,coordination with ,states ,the ,secretary shall coordinate with ,state fishery managers to carry out paragraph 7#c74 4 7b7 ,bycatch reduction engineering program 7#a7 ,in general ,section #caf7;a7 7#af ,u4,s4,c4 #ahfe7;a77 is amended by striking paragraphs 7#c7 and 7#d7 and inserting the following3 7#c7 provide information1 outreach1 technical assistance1 and training to ,councils1 ,tribes1 and fishery participants that will encourage adoption and use of technologies and methods developed under the program2 and 7#d7 provide for routine consultation with the ,councils in order 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 plans1 actions1 and other measures developed by the ,councils or the ,secretary4 4 7#b7 ,frequency of report ,section #caf7;d7 7#af ,u4,s4,c4 #ahfe7;d77 is amended-- 7,a7 by striking transmit an annual report and inserting 1 not less frequently than once every #c years1 transmit a report2 7,b7 in paragraph 7#b71 by striking and at the end2 7,c7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following3 7#d7 includes a description of all bycatch reduction technologies and methods developed1 tested1 or supported by the ,bycatch ,reduction ,engineering ,program1 and a summary of how such technologies and methods have been implemented into fishery management1 or an explanation for why such technologies and methods have not been implemented4 4 #ejd4 ,improving rebuilding outcomes ,section #cjd7;e7 7#af ,u4,s4,c4 #ahed7;e77 is amended to read as follows3-- 7e7 ,rebuilding overfished fisheries and ending overfishing 7#a7 ,determination of status 7,a7 ,in general ,the ,secretary shall1 determine1 based on the best scientific information available and at any time1 for stocks within each ,council's geographic area of authority1 7or the ,secretary1 for stocks managed under section #cjb7;a77#c771 whether such stock of fish is each of the following3 7i7 ,subject to overfishing4 7ii7 ,overfished4 7iii7 ,approaching a condition of being overfished4 7,b7 ,criteria for determination 7i7 ,criteria provided by managing document ,in making a determination under subparagraph 7,a71 the ,secretary shall1 with respect to a stock of fish managed under a stock of fish management plan or international agreement1 use the criteria specified in such plan or agreement4 7ii7 ,approaching a condition of being overfished ,in making a determination under subparagraph 7,a71 the ,secretary shall classify a stock of fish as approaching a condition of being overfished if1 based on trends in fishing effort1 fishery resource size1 and other appropriate factors1 the ,secretary estimates that the stock of fish will become overfished within #b years4 7iii7 ,stocks lacking criteria ,for stocks that lack criteria as required under section #cjc7;a77#aj71 the ,secretary shall determine whether the stock is overfished or subject to overfishing using the best available scientific information4 7#b7 ,publication 7,a7 ,in general ,the ,secretary shall publish each determination made under paragraph 7#a7 in the ,federal ,register4 7,b7 ,notification of ,council ,if the ,secretary determines that a stock of fish is subject to overfishing1 overfished1 or approaching a condition of being overfished under paragraph 7#a71 the ,secretary shall immediately notify the appropriate ,council and request that action be taken-- 7i7 to end overfishing with respect to the stock of fish immediately2 7ii7 for a stock of fish that is overfished1 to end overfishing immediately and to implement conservation and management measures to rebuild affected the stock of fish2 or 7iii7 for a stock of fish that is approaching an overfished condition1 to end overfishing immediately and prevent the stock of fish from reaching a overfished condition4 7,c7 ,annual report ,the ,secretary shall submit an annual report to ,congress and the ,councils4 ,such report-- 7i7 shall list each determination made with respect to a stock of fish under paragraph 7#a7 during the preceding year2 7ii7 shall identify each stock of fish managed under this ,act that is under a rebuilding plan or in need of a rebuilding plan 7as specified by this section71 including-- 7,i7 specifying the number of years the stock of fish has been in a rebuilding plan2 7,,ii7 the anticipated length in years of the stock of fish's current rebuilding plan2 7,,iii7 the number of rebuilding plans that have been implemented for the stock of fish2 and 7,,iv7 whether a lack of adequate progress toward ending overfishing and rebuilding has been found for the stock of fish2 and 7iii7 may use1 as appropriate1 the term depleted to further describe an overfished stock of fish that has been significantly impacted by environmental factors in addition to 7or in absence of7 fishing pressure4 7#c7 ,required action by ,council 7,a7 ,determination that requires action ,not later than #b years after date on which the ,secretary makes any of the following determinations1 the appropriate ,council 7or the ,secretary1 for fisheries managed under section #cjb7;a77#c77 shall take an action described in subparagraph 7,b73 7i7 ,a determination that a stock of fish is subject to overfishing1 overfished1 or approaching a condition of being overfished4 7ii7 ,a determination that a rebuilding plan has failed under paragraph 7#g77;,c74 7iii7 ,a determination that a stock of fish has reached the end of the time period for a rebuilding plan under paragraph 7#h74 7,b7 ,actions ,the actions described in this subparagraph are-- 7i7 with respect to a stock of fish that is subject to overfishing1 to end overfishing immediately and prevent overfishing of the stock2 7ii7 with respect to a stock of fish that is overfished1 to end overfishing immediately and to rebuild the stock of fish2 or 7iii7 with respect to a stock of fish that is approaching an overfished condition1 to end overfishing immediately and prevent the stock of fish from reaching an overfished condition4 7#d7 ,rebuilding plan required ,for a stock of fish that is overfished1 any management document prepared pursuant to paragraph 7#c7 or paragraph 7#e7 for such fishery shall-- 7,a7 specify a time period for rebuilding the stock of fish that shall-- 7i7 be as short as possible1 taking into account the status and biology of overfished stocks of fish1 the needs of fishing communities1 recommendations by international organizations in which the ,united ,states participates1 and the interaction of the overfished stock of fish within the marine ecosystem2 and 7ii7 not exceed the time the stock of fish would be rebuilt in the absence of any fishing mortality plus one mean generation2 7,b7 allocate both overfishing restrictions and recovery benefits fairly and equitably among sectors of the fishery2 7,c7 for a stock of fish managed under an international agreement1 reflect traditional participation in the stock of fish1 relative to other nations1 by fishermen of the ,united ,states2 and 7,d7 contain objective and measurable criteria for evaluating rebuilding progress4 7#e7 ,secretarial plan ,if a ,council does not meet the deadline described in paragraph 7#c77;,a7 to submit a management document the ,secretary shall1 not later than #i months after the expiration of such deadline1 prepare such management document for the affected fish stock under subsection 7c74 7#f7 ,interim measures ,during the development of a management document for a stock of fish required by this subsection1 a ,council may request that the ,secretary implement interim measures to reduce overfishing under section #cje7;c7 until such measures can be replaced by such management document4 ,such measures1 if otherwise in compliance with the provisions of this ,act1 may be implemented even though they are not sufficient to stop overfishing of a fishery4 7#g7 ,assessment of rebuilding plan 7,a7 ,secretarial review ,the ,secretary shall review each management document relating to a stock of fish required by this subsection not less often than once every #b years to determine whether such management document has resulted in adequate progress toward rebuilding affected stocks of fish4 ,the ,secretary shall find a lack of adequate progress toward rebuilding an affected stock of fish if-- 7i7 the status of the stock is not improving sufficiently such that it becomes unlikely that the stock will be rebuilt within the rebuilding time period2 7ii7 the applicable fishing mortality rate or annual catch limits are exceeded1 and the causes and rebuilding consequences of such exceedances have not been corrected2 7iii7 new scientific information demonstrates that assumptions regarding the stock's biology that formed the basis for the rebuilding plan1 such as stock productivity1 were fundamentally inaccurate1 and such inaccuracies render the current rebuilding plan unable to address the stock's rebuilding needs2 or 7iv7 for such other reasons as the ,secretary determines appropriate4 7,b7 ,finding of inadequate progress ,except as provided in subparagraph 7,c71 if the ,secretary finds after a review under subparagraph 7,a7 that a management document has not resulted in adequate progress toward rebuilding affected fish stocks1 the ,secretary shall-- 7i7 in the case of a stock of fish to which section #cjb7;a77#c7 applies1 immediately make revisions necessary to achieve adequate progress toward rebuilding by the deadline established under paragraph 7#d72 or 7ii7 for all other stocks of fish1 immediately notify the appropriate ,council1 which must make revisions necessary to achieve adequate progress toward rebuilding by not later than the deadline established under paragraph 7#d74 ,if the ,council fails to complete such action by the date that is #i months after the date of such notification1 the ,secretary shall1 not later than #ah months after the date of such notification1 make such revisions as are needed to ensure adequate progress toward rebuilding by not later than the rebuilding deadline established under paragraph 7#d74 7,c7 ,failed rebuilding plan ,if the ,secretary finds that revisions pursuant to subparagraph 7,b7 cannot achieve adequate progress within the time period set under paragraph 7#d71 the ,secretary may find that the rebuilding plan has failed4 7,d7 ,publication ,the ,secretary shall publish the results of a review performed under this paragraph in the ,federal ,register1 including a determination of adequate progress or inadequate progress1 and the basis for such determination4 7#h7 ,subsequent rebuilding plan ,if a rebuilding time period established under paragraph 7#d7 expires and the relevant fish stock has not been rebuilt1 or the ,secretary determines that an existing rebuilding plan has failed under paragraph 7#g77;,c71 the ,council 7or ,secretary in the case of a stock to which section #cjb7;a77#c7 applies7 shall prepare a new rebuilding plan pursuant to paragraphs 7#c7 through 7#f71 except that such plan shall have not less than a #ge percent chance of rebuilding the stock of fish by the end of the new rebuilding time period set under paragraph 7#d74 ,management measures intended to rebuild the stock shall remain in effect during such preparation of a rebuilding plan4 7#i7 ,management document ,in this subsection1 the term management document means a management plan1 management plan amendment1 or proposed regulations for a stock of fish4 4 #eje4 ,overfished fisheries and preventing overfishing 7a7 ,information provided by scientific and statistical committees ,section #cjb7;g77#a7 7#af ,u4,s4,c4 #aheb7;g77#a77 is amended-- 7#a7 in subparagraph 7,a71 by inserting ecological1 after social12 and 7#b7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,each scientific and statistical committee shall provide its ,council with ongoing scientific advice for fishery management decisions1 including-- 7i7 recommendations for accounting for all sources of mortality in establishing management measures1 for the acceptable biological catch levels1 for preventing overfishing1 for maximum sustainable yield1 and for achieving rebuilding targets and promoting resilience of fish stocks to climate change2 7ii7 objective and measurable criteria for determining whether a stock is overfished or experiencing overfishing2 and 7iii7 reports on stock status and health1 sources of mortality1 bycatch1 habitat status1 social1 ecological1 and economic impacts of management measures1 and sustainability of fishing practices1 and prevailing and anticipated future impacts of climate change on fish stocks1 fishing communities1 and fishery sectors4 4 7b7 ,minimum required precautionary standard ,section #cjc7;a77#aj7 7#af ,u4,s4,c4 #ahec7;a77#aj77 is amended to read as follows3 7#aj7 specify objective and measurable criteria for identifying when the fish stock to which the plan applies is overfished or subject to overfishing 7with an analysis of how the criteria were determined and the relationship of the criteria to the reproductive potential of stocks of fish in that fishery71 which may not be less precautionary than the recommendation of the scientific and statistical committees for such fishery1 and1 in the case of a fishery which the ,council or the ,secretary has determined is approaching an overfished condition or is overfished1 contain conservation and management measures to prevent overfishing or end overfishing and rebuild the fishery4 4 7c7 ,technical correction ,section #cja of the ,modernizing ,recreational ,fisheries ,management ,act of #bjah 7#af ,u4,s4,c4 #ahja note7 is amended to read as follows3 #cja4 ,rule of construction ,nothing in this ,act1 including the amendment made by section #ajb7;a77#c71 shall be construed as modifying the requirements of sections #cja7;a71 #cjb7;h77#f71 #cjc7;a77#ae71 or #cjd7;e7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act1 or the equal application of such requirements and other standards and requirements under the ,magnuson-,stevens ,fishery ,conservation and ,management ,act to commercial1 charter1 and recreational fisheries1 including each component of mixed-use fisheries4 4 #ejf4 ,preparation and review of secretarial plans ,section #cjd7;c77#a7 7#af ,u4,s4,c4 #ahed7;c77 is amended-- 7#a7 by striking may and inserting shall2 7#b7 in subparagraph 7,a71 by inserting not to exceed #b years1 or #i months in the case of a management plan or amendment subject to section #cjd7;e77#g77;,b7 after time2 7#c7 in subparagraph 7,b71 by inserting not later than #ahj days after the disapproval before the semicolon2 and 7#d7 by adding at the end the following3 ,not later than #cj days before the date on which a time period established in subparagraph 7,b7 or 7,c7 ends1 the ,secretary shall provide written notification to the affected ,council that if such ,council does not fulfill the requirements described in such subparagraph1 the ,secretary shall issue a ,secretarial plan4 4 #ejg4 ,councils ,section #cjb7;h7 7#af ,u4,s4,c4 #aheb7;h77 is amended-- 7#a7 in paragraph 7#e71 by striking and at the end2 7#b7 in paragraph 7#g7-- 7,a7 by redesignating subparagraphs 7,b7 and 7,c7 as subparagraphs 7,c7 and 7,d71 respectively2 and 7,b7 by inserting after subparagraph 7,a7 the following3 7,b7 prioritize fisheries and habitats experiencing or expected to experience shifts in geographic range1 spatial distribution1 or productivity2 2 7#c7 by redesignating paragraphs 7#h7 and 7#i7 as paragraphs 7#aa7 and 7#ac71 respectively2 and 7#d7 by inserting after paragraph 7#g7 the following3 7#h7 approve1 for each of its managed stocks1 objective and measurable criteria for identifying whether the stock is overfished or experiencing overfishing1 which may not be less precautionary than the recommendation of its scientific and statistical committee2 7#i7 develop and implement a habitat protection plan to protect essential fish habitat in the region of the ,council from adverse effects caused by fishing that shall include-- 7,a7 quantitative and measurable targets and goals for increasing quality1 quantity1 and representativeness of essential fish habitat2 and 7,b7 conservation and management measures in a fishery management plan to implement the habitat protection plan2 7#aj7 at routine intervals not less frequently than every #g years and based on scientific evidence or other relevant information1 review habitat protection plans developed under paragraph 7#i7 by such ,council and each designation of essential fish habitat and habitat areas of particular concern under section #cjc7;a77#g7 by such ,council1 and amend such ,council's fishery management plans as necessary and appropriate2 4 #ejh4 ,forage fish conservation 7a7 ,secretary ,to define forage fish ,section #cje 7#af ,u4,s4,c4 #ahee7 is further amended by adding after subsection 7l71 as added by this ,act1 the following3 7m7 ,forage fish ,not later than #ab months after the date of enactment of the ,sustaining ,america's ,fisheries for the ,future ,act of #bjbb1 the ,secretary shall establish by regulation1 in consultation with the ,regional ,fishery ,management ,councils1 a definition of the term forage fish for the purposes of this ,act4 ,in defining such term1 the ,secretary shall consider factors including whether a species covered by such definition1 throughout such species' lifecycle-- 7#a7 is at a low trophic level2 7#b7 is generally small- to intermediate-sized2 7#c7 occurs in schools or other dense aggregations2 7#d7 contributes significantly to the diets of other fish1 marine mammals1 or birds2 and 7#e7 serves as a conduit for energy transfer to species at a higher trophic level4 4 7b7 ,definitions ,section #c 7#af ,u4,s4,c4 #ahjb7 is further amended-- 7#a7 by inserting after paragraph 7#ah7 the following3 7#ah;,a7 ,forage fish ,the term forage fish-- 7,a7 has the meaning given the term by the ,secretary under section #cje7m72 and 7,b7 with respect to a species in a fishery managed pursuant to a fishery management plan or plan amendment that is approved by the ,secretary under section #cjd7;a71 means any species identified in such plan as a forage fish4 2 and 7#b7 in paragraph 7#cc7-- 7,a7 in subparagraph 7,b71 by striking and2 7,b7 in subparagraph 7,c71 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following3 7,d7 in the case of a forage fish1 is reduced1 pursuant to subparagraph 7,b71 to provide for the diet needs of fish species and other marine wildlife1 including marine mammals and birds1 for which forage fish is a significant dietary component4 4 7c7 ,scientific advice ,section #cjb7;g77#a77;,b7 7#af ,u4,s4,c4 #aheb7;g77#a77;,b77 is further amended-- 7#a7 in clause 7ii71 as added by this ,act1 by striking and2 7#b7 in clause 7iii71 as added by this ,act1 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7iv7 maintaining a sufficient abundance1 diversity1 and localized distribution of forage fish populations to support the role of such populations in marine ecosystems4 4 7d7 ,council functions 7#a7 ,research priorities ,section #cjb7;h77#g7 7#af ,u4,s4,c4 #aheb7;h77#g77 is further amended by inserting forage fish populations and distribution1 after habitats14 7#b7 ,unmanaged forage fish ,section #cjb7;h7 7#af ,u4,s4,c4 #aheb7;h77 is further amended by inserting after paragraph 7#aa71 as redesignated1 the following3 7#ab7 develop and submit to the ,secretary for approval a list of unmanaged forage fish occurring in the area under its authority for which the development of any new directed forage fish fishery is prohibited until the ,council has-- 7,a7 considered the best scientific information available and evaluated the potential impacts of forage fish harvest on existing fisheries1 fishing communities1 and the marine ecosystem2 7,b7 determined whether conservation and management of the forage fish fishery is needed2 7,c7 if a determination is made that conservation and management is needed1 prepared and submitted to the ,secretary a fishery management plan or amendment consistent with section #cjc2 and 7,d7 received final1 approved regulations from the ,secretary pursuant to section #cjd7;b77#c72 and 4 7#c7 ,effective date ,the amendments made by this subsection shall take effect #b years after the date of enactment of this ,act4 7e7 ,contents of fishery management plans 7#a7 ,forage fish management ,section #cjc7;a7 7#af ,u4,s4,c4 #ahec7;a77 is further amended by adding at the end the following3 7#ah7 when setting annual catch limits for forage fish fisheries1 assess1 specify1 and reduce such limits by the diet needs of fish species and other marine wildlife1 such as marine mammals and birds1 for which forage fish is a significant part of their diet4 4 7#b7 ,effective date ,the amendment made by subsection 7a7 shall take effect #e years after the date of enactment of this ,act4 7f7 ,action by the ,secretary ,section #cjd 7#af ,u4,s4,c4 #ahed7 is further amended by adding at the end the following3 7l7 ,forage fish management guidelines 7#a7 ,in general ,not later than #ah months after the date of enactment of the ,sustaining ,america's ,fisheries for the ,future ,act of #bjbb1 the ,secretary shall establish by regulation guidelines to assist the ,councils in implementing sections #cjb7;h77#ab7 and #cjc7;a77#ah74 7#b7 ,workshops ,in developing the guidelines under paragraph 7#a71 the ,secretary shall conduct workshops with ,councils and other scientific1 fisheries1 and conservation interests4 7m7 ,forage fish prohibition ,in accordance with section #cjb7;h77#ab71 the ,secretary shall prohibit the development of any new directed forage fish fishery4 4 7g7 ,river herring and shad 7#a7 ,definitions ,in this section-- 7,a7 ,river herring ,the term river herring means blueback herring 7,alosa aestivalis7 and alewife 7,alosa pseudoharengus74 7,b7 ,shad ,the term shad means ,american shad 7,alosa sapidissima7 and hickory shad 7,alosa mediocris74 7#b7 ,amendments of plans ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,commerce shall-- 7,a7 amend the fishery management plans for the ,atlantic ,herring and ,atlantic ,mackerel1 ,squid1 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 #cjb7;h77#a7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheb7;h77#a772 7,b7 initiate additional fishery management plan amendments to be completed in not more than one year from the date of the addition of the species identified in paragraph 7#a7 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 7#af ,u4,s4,c4 #ahja et seq471 and all other applicable law2 and 7,c7 notwithstanding any other law1 rule1 or fishery management plan provision1 including conservation and management measures under section #cjc7;a77#aa7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahec7;a77#aa771 reallocate existing resources to ensure accurate and precise catch accounting on an ongoing basis within any fishery using mid-water trawl or paired mid-water trawl fishing gear in the ,atlantic herring and ,atlantic mackerel fisheries through the use of human or electronic on-board observation4 7h7 ,rule of construction ,nothing in this section shall be construed as-- 7#a7 extending or diminishing the jurisdiction or authority of any ,state within its boundaries2 or 7#b7 affecting-- 7,a7 section #cjf of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahef72 or 7,b7 the ,atlantic ,coastal ,fisheries ,cooperative ,management ,act 7#af ,u4,s4,c4 #eajg et seq474 #eji4 ,funding for monitoring implementation of ,northeast ,multispecies ,fishery ,management ,plan ,section #caa7;f77#d7 7#af ,u4,s4,c4 #ahfa7;f77#d77 is amended by striking pursuant to this section and all that follows through the end of the sentence and inserting to enforce and monitor 7including electronic monitoring7 implementation of that plan44 #eaj4 ,highly migratory species ,section #cjd7;g77#a7 7#af ,u4,s4,c4 #ahed7;g77#a77 is amended-- 7#a7 in subparagraph 7,b71 by inserting a scientific and statistical committee and after establish2 and 7#b7 by amending subparagraph 7,c7 to read as follows3 7,c7 for stocks not managed pursuant to the ,atlantic ,tunas ,convention ,act of #aige1 develop annual catch limits that may not exceed the fishing level recommendations of the scientific and statistical committee2 4 ,,vi ,international fisheries management #fja4 ,conservation ,commissioner of the ,atlantic ,tunas ,convention ,act 7a7 ,appointment and procedure of ,commissioners ,section #c7;a7 of the ,atlantic ,tunas ,convention ,act of #aige 7#af ,u4,s4,c4 #iga;a7a77 is amended to read as follows3 7a7 ,appointment and number2 rules of procedure2 term 7#a7 ,appointment ,the ,president shall appoint four ,commissioners to serve as delegates of the ,united ,states to the ,commission as follows3 7,a7 ,one ,commissioner shall be a ,federal employee who shall serve as ,chair4 7,b7 ,three ,commissioners shall not be ,federal employees1 of whom-- 7i7 one shall have knowledge and experience regarding commercial fishing in the ,atlantic ,ocean1 ,gulf of ,mexico1 or ,caribbean ,sea2 7ii7 one shall have knowledge and experience regarding recreational fishing in the ,atlantic ,ocean1 ,gulf of ,mexico1 or ,caribbean ,sea2 and 7iii7 one shall have knowledge and experience in marine conservation1 shall represent the public interest in marine conservation and non-consumptive uses of the ,atlantic ,ocean1 ,gulf of ,mexico1 and ,carribean ,sea4 7#b7 ,term of appointment 7,a7 ,length of term ,the term of a ,commissioner appointed under paragraph 7#a7 shall be three years4 7,b7 ,consecutive terms ,no individual appointed under paragraph 7#a7 shall serve more than two consecutive terms as ,commissioner4 7,c7 ,pleasure of the ,president ,each ,commissioner appointed under paragraph 7#a7 shall serve at the pleasure of the ,president4 7#c7 ,representation of the ,united ,states 7,a7 ,in general ,at meetings of the ,commission1 ,council1 any ,panel1 or any other function as provided for in the ,convention1 the ,united ,states shall be represented by the ,commissioner described in paragraph 7#a77;,a7 and two ,commissioners described in paragraph 7#a77;,b74 7,b7 ,procedures for rotation ,the ,secretary of ,state1 in consultation with the ,secretary1 shall establish procedures under which the ,commissioners appointed described in paragraph 7#a77;,b7 rotate in representing the ,united ,states to the ,commission4 7,c7 ,right to participation ,each ,commissioner appointed under paragraph 7#a7 may-- 7i7 attend all meetings of the ,commission1 ,council1 any ,panel1 or any other function as provided for in the ,convention2 and 7ii7 participate fully in all ,united ,states preparatory activity for any activity relating to the ,convention4 4 7b7 ,regulation may not decrease allocation or quota ,section #f7;c77#c7 of such ,act 7#af ,u4,s4,c4 #iga;d7c77#c77 is amended by striking or decreasing4 #fjb4 ,conservation ,commissioner to the ,western and ,central ,pacific ,fisheries ,convention ,section #ejc7;a7 of the ,western and ,central ,pacific ,fisheries ,convention ,implementation ,act 7#af ,u4,s4,c4 #fijb7;a77 is amended to read as follows3 7a7 ,in general 7#a7 ,appointment ,the ,united ,states shall be represented on the ,commission by #e ,united ,states ,commissioners4 ,the ,president shall appoint individuals to serve on the ,commission at the pleasure of the ,president4 ,in making the appointments1 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-- 7,a7 one of whom shall be an officer or employee of the ,department of ,commerce2 7,b7 one of whom shall be the chairman or a member of the ,western ,pacific ,fishery ,management ,council2 7,c7 one of whom shall be the chairman or a member of the ,pacific ,fishery ,management ,council2 and 7,d7 one 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 ,ocean4 7#b7 ,rules of procedure ,the ,commissioners shall be entitled to adopt such rules of procedures as they find necessary and to select a chairman from among members who are officers or employees of the ,united ,states ,government4 4 #fjc4 ,conservation ,commissioner to the ,inter-,american ,tropical ,tuna ,commission ,section #c7;a7 of the ,tuna ,conventions ,act of #aiej 7#af ,u4,s4,c4 #ieb7 is amended to read as follows3 7a7 ,commissioners 7#a7 ,appointment ,the ,president shall appoint four individuals to represent the ,united ,states on the ,commission4 7#b7 ,removal ,the ,commissioners appointed under paragraph 7#a7 shall be subject to supervision and removal by the ,secretary of ,state1 in consultation with the ,secretary4 7#c7 ,qualifications ,in making an appointment under paragraph 7#a71 the ,president shall select ,commissioners from among individuals who are knowledgeable or experienced concerning highly migratory fish stocks in the eastern tropical ,pacific ,ocean-- 7,a7 one of whom shall be an officer or employee of the ,department of ,commerce2 and 7,b7 one of whom shall be a an individual with knowledge and experience in marine conservation1 and who shall represent the public interest in marine conservation and non-consumptive uses of the eastern tropical ,pacific ,ocean4 7#d7 ,limitation on appointments ,the ,president may not appoint more than two ,commissioners under paragraph 7#a7 who reside in a ,state other than a ,state whose vessels maintain a substantial fishery in the area of the ,convention4 4 #fjd4 ,application of annual catch limit and accountability measures requirement ,section #ajd7;b7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,reauthorization ,act of #bjjf 7#af ,u4,s4,c4 #ahec note7 is amended to read as follows3 7b7 ,effective dates2 application to certain species ,the amendment made by subsection 7a77#aj7-- 7#a7 except as provided in paragraph 7#b71 shall apply to any management plan for a stock of fish prepared by any ,council or the ,secretary1 including a management plan governing a stock of fish managed under an international agreement in which the ,united ,states participates2 and 7#b7 shall not apply to a management plan for a stock of fish for a species that has a life cycle of approximately #a year unless the ,secretary has determined such stock of fish is subject to overfishing with respect to such species2 and 7#c7 shall not limit or otherwise affect the requirements of section #cja7;a77#a7 or #cjd7;e7 of the ,magnuson ,stevens ,fishery ,conservation and ,management ,act4 4 #fje4 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary the following amounts to carry out the provisions of this ,act3 7#a7 ,for fiscal year #bjbc1 #fih1adb1jjj4 7#b7 ,for fiscal year #bjbd1 #gad1bjj1jjj4 7#c7 ,for fiscal year #bjbe1 #gcj1fbf1jjj4 7#d7 ,for fiscal year #bjbf1 #gdg1dca1jjj4 7#e7 ,for fiscal year #bjbg1 #gfd1fba1jjj4 7#f7 ,for fiscal year #bjbh1 #ghb1bjg1jjj4 ,december #cj1 #bjbb,reported from the ,committee on ,natural ,resources with an amendment,december #cj1 #bjbb;,committee on ,agriculture discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed