,i #aaith ,,congress #ast ,session ,h4 ,r4 #cgah ,,in ,,the ,,house ,,of ,,representatives ,june #d1 #bjbe,mr4 ,huffman 7for himself1 ,mr4 ,moylan1 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 ,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 #bjbe4 #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 neutral language4,sec4 #f4 ,conforming amendments to table of contents of ,magnuson-,stevens ,fishery ,conservation and ,management ,act4,title ,i--,climate-,ready ,fisheries,sec4 #aja4 ,findings1 purposes1 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 stocks of fish4,sec4 #ajf4 ,emerging fisheries4,sec4 #ajg4 ,report regarding inshore and shallow water mobile gear fishing4,title ,,ii--,supporting fishing communities,sec4 #bja4 ,subsistence fishing4,sec4 #bjb4 ,working ,waterfronts ,grant ,program4,sec4 #bjc4 ,seafood marketing4,sec4 #bjd4 ,community participation in limited access privilege programs4,sec4 #bje4 ,findings4,title ,,iii--,strengthening public process and transparency,sec4 #cja4 ,tribal representation on ,pacific ,fishery ,management ,council4,sec4 #cjb4 ,tribal representation on ,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 ,council staff and administration4,sec4 #cjh4 ,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 ,atlantic ,tunas ,convention4,sec4 #fjb4 ,conservation ,commissioner of ,western and ,central ,pacific ,fisheries ,convention4,sec4 #fjc4 ,conservation ,commissioner of ,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 provided1 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 a 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 ,council ,the term ,council has the meaning given the term in section #c of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahjb74 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 #e4 ,gender neutral 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 ,section #bja7;e77#a77;,d7 7#af ,u4,s4,c4 #ahba7;e77#a77;,d77 is amended by striking he and inserting such ,secretary4 7e7 ,section #bja7;i7 7#af ,u4,s4,c4 #ahba7;i77 is amended by striking his and inserting such ,governor's4 7f7 ,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 7g7 ,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 7h7 ,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 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 table of contents of ,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 ,r,e,s,o,u,r,c,e,s,sec4 #aja4 ,united ,states sovereign rights to fish and fishery management authority4,sec4 #ajb4 ,highly migratory species4,,title ,,ii--,,foreign ,,fishing ,,and ,,international ,,fishery ,a,g,r,e,e,m,e,n,t,s,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 ,p,r,o,g,r,a,m,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 stocks of fish to climate change4,,title ,,iv--,,fishery ,,monitoring ,,and ,r,e,s,e,a,r,c,h,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 purposes1 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 inadequate fishery resource conservation and management practices and controls2 7,c7 direct and indirect habitat losses that result 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 striking to insure conservation1 and inserting to ensure conservation1 to account for the impacts of environmental changes on stocks of fish12 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 and 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 stocks of fish 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 of fish to rebuild1 regardless of the cause of depletion4 2 7#b7 in subsection 7b71 by amending paragraph 7#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 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 include indigenous1 insular1 and coastal populations in decisionmaking and promote 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;,a7-- 7,a7 by striking and before to protect2 and 7,b7 by inserting 1 and to promote the resilience of stocks of fish 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 #bjbe1 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 in paragraph 7#ae71 by striking the period at the end and inserting a semicolon2 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 such impacts1 and a summary of the information used in such assessment2 and 7#ag7 describe and identify the current range and distribution of1 and fishing patterns on1 each stock of fish managed under the plan1 including areas outside the jurisdiction of the ,council having authority to issue the plan1 and for each stock of fish the distribution of which crosses management boundaries1 describe the measures used to coordinate with other relevant management bodies for the conservation and management of each such stock of fish4 4 7b7 ,increasing resilience of stocks of fish to climate change ,title ,,iii 7#af ,u4,s4,c4 #ahea et seq47 is amended by adding at the end the following3 #cbb4 ,increasing resilience of stocks of fish to climate change 7a7 ,vulnerability assessment ,not later than #c years after the date of the enactment of the ,sustaining ,america's ,fisheries for the ,future ,act of #bjbe1 and every #e years thereafter1 the ,secretary shall-- 7#a7 assess the vulnerability of stocks of fish within the geographical area of authority of each ,council to climate change2 7#b7 notify each ,council of the vulnerability of stocks of fish within such geographical area2 and 7#c7 make recommendations to each ,council for measures to increase the resilience of stocks of fish within such geographical area identified as vulnerable to climate change4 7b7 ,council prioritization plans 7#a7 ,in general ,not later than #a 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 stocks of fish identified as vulnerable to climate change and begin implementing such management actions4 7#b7 ,highly migratory species ,with respect to stocks of fish managed under section #cjb7;a77#c71 not later than #a year after issuing a notification under subsection 7a71 the ,secretary shall publish a plan identifying management actions to increase resilience of such stocks of fish identified as vulnerable to climate change and begin implementing such management 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 the enactment of the ,sustaining ,america's ,fisheries for the ,future ,act of #bjbe1 and every #e years thereafter1 the ,secretary shall submit to ,congress a report-- 7#a7 describing the vulnerability of stocks of fish to climate change2 7#b7 identifying the risks posed by climate change to the conservation and management of stocks of fish2 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 stocks of fish4 4 7c7 ,guidance for ,councils ,section #cje 7#af ,u4,s4,c4 #ahee7 is amended by adding at the end the following3 7l7 ,guidance ,not later than #b years after the date of the enactment of the ,sustaining ,america's ,fisheries for the ,future ,act of #bjbe1 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 stocks of fish under the geographical area of authority of each ,council4 4 7d7 ,effective date ,the amendments made by subsection 7a7 shall take effect on the date that is #d years after the date of the enactment of this section4 #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 relevant impacts of climate change on fisheries health1 range1 and other factors that would affect the conservation and management of a stock of fish2 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 1 on changes in geographic range1 spatial distribution1 and productivity of a fishery or interrelated fisheries1 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 ,in general ,not later than #a year after the date of the enactment of this section1 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 7b7 ,duties ,in carrying out the program established under subsection 7a71 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 ,councils2 7#d7 provide information and outreach to the private and academic sectors to encourage development and operationalization of tools and approaches to manage the effects of climate change on fisheries2 and 7#e7 provide information and outreach to fishery participants to increase understanding and encourage adoption and use of tools and approaches developed under the program4 7c7 ,coordination of program 7#a7 ,in general ,in carrying out the program established under subsection 7a71 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 ,councils2 7,c7 the scientific and statistical committees of the ,councils2 and 7,d7 the heads of other relevant programs1 including the cooperative research and management program established under section #cah 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 ,identification of research priorities 7,a7 ,in general ,coordination carried out under paragraph 7#a7 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 priorities4 7,b7 ,review ,the ,administrator1 in coordination with the entities described in subparagraphs 7,a7 through 7,d7 of paragraph 7#a71 should routinely review the priorities identified under subparagraph 7,a7 in a timeframe not to exceed #e years and updated as necessary4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator to carry out this section #e1jjj1jjj for each of fiscal years #bjbf through #bjcj4 #aje4 ,managing shifting stocks of fish 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 #a ,council 7#a7 ,secretarial review of areas of authority ,the ,secretary shall review the geographical area of authority of each ,council to determine if a substantial portion of any federally managed fishery within such area is within the area of authority of another council-- 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 federally managed fishery is located in the geographical area of authority of more than #a ,council1 the ,secretary shall1 not later than #f months after making such determination-- 7,a7 designate #a 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 designated ,council or ,councils 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 of such fishery located in the geographical area of authority of more than #a ,council4 7,b7 ,termination 7i7 ,in general ,if the ,secretary determines under subparagraph 7,a7 that a fishery described in paragraph 7#b7 no longer has a substantial portion of such fishery located in the geographical area of authority of more than #a ,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 fishery 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 shall by regulation identify criteria for determining under paragraphs 7#a7 and 7#e7 whether a substantial portion of a federally managed fishery is located in the geographical area of authority of more than #a ,council4 7#f7 ,establishment of boundaries ,the ,secretary shall establish the boundaries between the geographical 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 does 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 the enactment of this section1 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 stock of fish2 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 in 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 2 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 #b years after the date of the enactment of the ,sustaining ,america's ,fisheries for the ,future ,act of #bjbe1 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 published 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 such 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 and1 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 evaluation of the ,secretary 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 list 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 #ajg4 ,report regarding inshore and shallow water mobile gear fishing ,not later than #a year after the date of the enactment of this title1 the ,secretary shall conduct a study and submit to ,congress1 the ,councils1 ,state fisheries managers1 and the regional ,marine ,fisheries ,commissions a report regarding the effects of inshore and shallow water mobile gear fishing on habitat and nontarget species and the effects it has between interstate boundaries and ,federal and ,state waters4 ,,ii ,supporting fishing communities #bja4 ,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 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 #bjb4 ,working ,waterfronts ,grant ,program ,the ,coastal ,zone ,management ,act of #aigb 7#af ,u4,s4,c4 #adea et seq47 is amended by inserting after section #cjf;,a of that ,act 7#af ,u4,s4,c4 #adee;a7 the following3 #cjf;,b4 ,working waterfronts 7a7 ,task ,force 7#a7 ,in general ,the ,secretary shall establish a task force to work directly with covered entities1 users of working waterfronts1 and coastal stakeholders to identify and address critical needs with respect to working waterfronts4 7#b7 ,membership ,the ,secretary shall appoint members of the ,task ,force1 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-- 7i7 the ,office of ,coastal ,management of the ,national ,oceanic and ,atmospheric ,administration2 7ii7 the ,united ,states ,fish and ,wildlife ,service2 7iii7 the ,department of ,agriculture2 7iv7 the ,environmental ,protection ,agency2 7v7 the ,united ,states ,geological ,survey2 7vi7 the ,department of the ,navy2 7vii7 the ,national ,marine ,fisheries ,service2 7viii7 the ,economic ,development ,administration2 7ix7 such other ,federal agencies as the ,secretary determines appropriate2 7x7 ,indian ,tribes2 and 7xi7 ,native ,hawaiian organizations4 7#c7 ,functions ,the ,task ,force shall-- 7,a7 identify and prioritize critical needs with respect to working waterfronts in coastal states that have a management program approved under section #cjf1 in the areas of-- 7i7 economic and cultural importance of such working waterfronts to communities2 7ii7 changing circumstances and threats such working waterfronts face from trade barriers and environmental changes1 including sea level rise1 extreme weather events1 ocean acidification1 and harmful algal blooms2 and 7iii7 identifying such working waterfronts and highlighting them within communities2 7,b7 outline options1 in consultation with coastal states and coastal stakeholders1 to address each critical need identified under subparagraph 7,a71 including adaptation and mitigation options where applicable2 7,c7 identify which ,federal agency is responsible for addressing each critical need identified under subparagraph 7,a72 and 7,d7 recommend which ,federal agency is best suited to address each critical need identified under subparagraph 7,a7 for which no responsible ,federal agency is identified under subparagraph 7,c74 7#d7 ,report ,not later than #ah months after the date of the enactment of this section1 the ,task ,force shall submit to ,congress a report regarding the findings of the ,task ,force under this subsection4 7#e7 ,implementation ,not later than #cj months after the date of the enactment of this section1 the head of each ,federal agency identified under paragraph 7#c77;,c7 shall1 to the extent practicable and subject to the availability of appropriations1 implement the options outlined under paragraph 7#c77;,b74 7b7 ,working waterfronts plan 7#a7 ,in general ,a covered entity may submit to the ,secretary a working waterfronts plan for approval under this subsection1 which1 as applicable and with respect to the covered entity-- 7,a7 shall-- 7i7 provide for the preservation and expansion of access to coastal waters by coastal users2 7ii7 be complementary to and incorporate the policies1 objectives1 and regulations of regional and local working waterfronts plans or strategies in effect before the date of the enactment of this section2 7iii7 be developed through a process that-- 7,i7 ensures the involvement of coastal stakeholders2 and 7,,ii7 is consistent with other coastal management programs1 regulations1 and activities of the covered entity2 7iv7 designate each qualified holder of the covered entity1 if any2 7v7 if the covered entity designates a qualified holder under clause 7iv7-- 7,i7 ensure that such qualified holder complies with the duty of a qualified holder to enforce each working waterfront covenant to which the qualified holder is a party2 and 7,,ii7 certify that the covered entity retains the responsibility to ensure that each affected working waterfront is managed in a manner that is consistent with the working waterfronts plan of the covered entity2 and 7vi7 include-- 7,i7 an assessment of the economic1 social1 cultural1 and historical value of working waterfronts2 7,,ii7 a description of any relevant non-,federal laws and regulations that affect working waterfronts in the geographic areas identified under subclauses 7,,iii7 and 7,,iv72 7,,iii7 an identification of geographic areas where working waterfronts are1 as of the date of the enactment of this subsection1 under threat of conversion to uses incompatible with commercial and recreational fishing1 recreational fishing and boating businesses1 aquaculture1 boatbuilding1 or other water-dependent1 coastal-related business1 and the level of that threat2 7,,iv7 an identification of geographic areas with a historical connection to working waterfronts where working waterfronts are not1 as of the date of the enactment of this section1 available1 and1 where appropriate1 an assessment of the environmental impacts of any expansion or new development of working waterfronts on the coastal ecosystems of such geographic areas2 7,v7 an identification of additional working waterfronts needs1 including improvements to existing working waterfronts2 7,,vi7 a strategic and prioritized plan for the preservation1 expansion1 and improvement of each relevant working waterfront2 7,,vii7 for geographic areas identified under subclauses 7,,iii7 and 7,,iv71 an identification of the current availability and potential for expansion of public access to coastal waters in such geographic areas2 7,,viii7 a description of the degree of community support for the plan included under subclause 7,,vi72 and 7,,ix7 a contingency plan for any property that reverts to the covered entity pursuant to a determination made by the covered entity under subsection 7c77#aa77;,b72 and 7,b7 may-- 7i7 be developed using existing information contained in relevant surveys1 plans1 or other documents to fulfill the information requirements under this paragraph2 7ii7 include a vulnerability assessment1 hazards resilience plan1 or identification of waterfront properties exposed to sea level rise or inundation2 and 7iii7 be part of a management program approved under section #cjf4 7#b7 ,duration of approval 7,a7 ,in general ,a working waterfronts plan approved by the ,secretary under this subsection shall be effective during the #e-year period beginning on the date of such approval4 7,b7 ,maintenance of approval ,an eligible covered entity that participates in the grant program on the basis of an approved working waterfronts plan of that eligible covered entity shall resubmit such working waterfronts plan for approval by the ,secretary before the end of each #e-year period described in subparagraph 7,a74 7c7 ,working ,waterfronts ,grant ,program 7#a7 ,in general ,the ,secretary shall1 in consultation with covered entities1 ,federal agencies the ,secretary determines appropriate1 and interested coastal stakeholders with expertise in working waterfronts planning1 establish a regionally equitable and competitive grant program1 to be known as the ,working ,waterfronts ,grant ,program4 7#b7 ,uses ,the ,secretary may award grants under this subsection to eligible covered entities-- 7,a7 to implement or revise an approved working waterfronts plan of such eligible covered entity1 including-- 7i7 acquiring a working waterfront or an interest in a working waterfront2 7ii7 making improvements to a working waterfront1 including constructing or repairing wharfs1 boat ramps1 or related facilities2 or 7iii7 carrying out necessary climate adaptation mitigation activities for a working waterfront2 or 7,b7 to develop a working waterfronts plan of such eligible covered entity under subsection 7b74 7#c7 ,application 7,a7 ,in general ,to be eligible for a grant under this subsection1 an eligible covered entity shall submit an application to the ,secretary-- 7i7 that1 if applicable1 is consistent with the management program of the eligible covered entity approved under section #cjf2 and 7ii7 in such form1 at such time1 and containing such information as the ,secretary determines appropriate4 7,b7 ,deadline ,not later than #fj days after the date on which the ,secretary receives an application for a grant under this paragraph1 the ,secretary shall approve or reject such application4 7#d7 ,guidelines ,the ,secretary shall1 in consultation with the entities described in paragraph 7#a71 issue guidelines regarding the implementation of the grant program4 7#e7 ,criteria ,in awarding a grant to an eligible covered entity1 the ,secretary shall take into account the following criteria3 7,a7 ,the economic1 cultural1 and historical significance of working waterfronts to the eligible covered entity4 7,b7 ,the demonstrated working waterfronts needs of the eligible covered entity1 as described in the approved working waterfronts plan of the eligible covered entity1 if any4 7,c7 ,the ability of the eligible covered entity to meet the matching requirement under paragraph 7#aj74 7,d7 ,the potential for rapid turnover in the ownership of relevant working waterfronts1 and1 if applicable1 the need for the eligible covered entity to respond quickly when property in an existing or potential working waterfront area or public access area1 as identified in the approved working waterfronts plan of the eligible covered entity1 if any1 comes under threat of conversion to incompatible uses or becomes available for purchase4 7,e7 ,as applicable1 the impact of the approved working waterfronts plan of the eligible covered entity1 if any1 on the coastal ecosystem and working waterfronts of the eligible covered entity and the users of the coastal ecosystem of the eligible covered entity4 7#f7 ,other technical and financial assistance 7,a7 ,in general ,upon the request of an eligible covered entity that is awarded a grant under this subsection1 the ,secretary shall provide to such eligible covered entity technical assistance-- 7i7 to identify and obtain sources of ,federal technical or financial assistance other than that provided under this subsection to develop a working waterfronts plan for approval under subsection 7b7 or to implement or revise an approved working waterfronts plan2 7ii7 to develop a working waterfronts plan for approval under subsection 7b72 7iii7 to implement or revise an approved working waterfronts plan2 7iv7 to integrate resilience planning into working waterfronts preservation efforts of such eligible covered entity2 7v7 to develop additional tools to protect working waterfronts2 7vi7 regarding guidance for best storm water management practices with regard to working waterfronts2 or 7vii7 to collect and disseminate best practices regarding working waterfronts and resilience planning4 7,b7 ,limitation ,the ,secretary may use not more than #e percent of the amounts made available under this subsection in each fiscal year to provide technical assistance under this paragraph4 7#g7 ,public access requirement ,a project carried out with a grant awarded under this subsection1 other than a project that involves commercial fishing or other industrial access points to which the eligible covered entity determines public access would be unsafe1 shall provide for the expansion1 improvement1 or preservation of reasonable and appropriate public access to coastal waters at or in the vicinity of working waterfronts4 7#h7 ,limitation on acquisition ,an eligible covered entity that is awarded a grant under this subsection1 or any entity to which such eligible covered entity allocates a portion of such grant under paragraph 7#i71 may use such grant award to acquire title to or an interest in a working waterfront1 including an easement1 only-- 7,a7 for fair market value from a willing seller2 or 7,b7 for less than fair market value from a seller that certifies to the ,secretary that the seller is willing and is not subject to coercion4 7#i7 ,allocation 7,a7 ,in general ,an eligible covered entity that is awarded a grant under this subsection may allocate a portion of such grant award to a unit of ,state or local government1 a nonprofit organization1 a fishing cooperative1 or any other appropriate entity for the purpose of carrying out this subsection if such eligible covered entity ensures that any such allocated grant award is used consistently with this subsection4 7,b7 ,identified working waterfronts ,the ,secretary shall encourage each eligible covered entity that is awarded a grant under this subsection to equitably allocate such grant award among working waterfronts identified in the approved working waterfronts plan of each such eligible covered entity1 if any4 7#aj7 ,matching requirement 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,federal share of a project carried out with a grant awarded under this subsection may not exceed #ge percent4 7,b7 ,waiver of matching requirement ,the ,secretary may waive the application of subparagraph 7,a7-- 7i7 with respect to an eligible covered entity that is awarded a grant under this subsection that has designated a qualified holder that is located within-- 7,i7 a disadvantaged community2 or 7,,ii7 a community that has an inability to draw on other sources of funding because of the small population or low income of the community2 or 7ii7 for any other reason the ,secretary determines appropriate4 7,c7 ,non-,federal share ,an eligible covered entity that is awarded a grant under this subsection may satisfy the non-,federal share of a project carried out with a grant awarded under this subsection through in-kind contributions and other noncash support1 including the following3 7i7 ,the value1 as determined by an appraisal performed at such time before the award of the grant as the ,secretary determines appropriate1 of a working waterfront or an 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 in a working waterfront-- 7,i7 is identified in the grant application2 and 7,,ii7 is acquired by the qualified holder not later than #c years after-- 7aa7 the grant award date2 or 7bb7 the date of the submission of such application and before the end of the initial #e-year period for which the approved working waterfronts plan associated with the grant application1 if any1 is effective4 7ii7 ,the costs1 including cash or in-kind contributions1 associated with the acquisition1 restoration1 or enhancement of1 or making other improvements to1 a working waterfront or an interest in a working waterfront1 if-- 7,i7 such costs are identified in the grant application2 and 7,,ii7 the costs are incurred-- 7aa7 before the end of the initial #e-year period for which the approved working waterfronts plan associated with the grant application1 if any1 is effective2 or 7bb7 for working waterfronts described in clause 7i71 within the time limits described in that clause4 7#aa7 ,working waterfront covenants 7,a7 ,in general ,an eligible covered entity that is awarded a grant under this subsection may use such grant award with respect to a working waterfront only for which each person other than the eligible covered entity that holds title to or an interest in such working waterfront enters into a working waterfront covenant4 7,b7 ,violation 7i7 ,in general ,an eligible covered entity may determine1 on the record after an opportunity for a hearing1 that a working waterfront covenant of the eligible covered entity has been violated4 7ii7 ,reversion2 conveyance2 right of immediate entry ,if an eligible covered entity makes a determination under clause 7i7 that a violation described under that clause has occurred-- 7,i7 all right1 title1 and interest in and to the working waterfront covered by the violated working waterfront covenant shall revert to the eligible covered entity2 7,,ii7 the eligible covered entity may convey the working waterfront or interest in the working waterfront to a qualified holder2 and 7,,iii7 the eligible covered entity shall have the right of immediate entry onto the working waterfront covered by the violated working waterfront covenant4 7#ab7 ,terms and conditions ,the ,secretary shall subject each grant awarded under this subsection to such terms and conditions as the ,secretary determines appropriate to ensure that each such grant is used for purposes consistent with this section4 7#ac7 ,report 7,a7 ,in general ,the ,secretary shall biennially submit to ,congress a report regarding the implementation of this subsection1 which shall include-- 7i7 an evaluation1 based on performance measures developed by the ,secretary1 of the effectiveness of the grant program in accomplishing the purposes of this subsection2 7ii7 an account of all expenditures under this subsection2 and 7iii7 descriptions of each project carried out using a grant awarded under this section4 7,b7 ,alternative manner of submission ,the ,secretary may submit each report required under subparagraph 7,a7 by including the information required under that subparagraph in each report required under section #caf4 7#ad7 ,administrative expenses ,the ,secretary may use not more than #e percent of the amounts made available under this subsection in each fiscal year to pay the administrative expenses necessary to carry out this subsection4 7#ae7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this subsection #ej1jjj1jjj for each of fiscal years #bjbf through #bjcj4 7d7 ,definitions ,in this section3 7#a7 ,approved working waterfronts plan ,the term approved working waterfronts plan means a working waterfronts plan that is approved by the ,secretary under subsection 7b74 7#b7 ,coastal ,indian ,tribe ,the term coastal ,indian ,tribe means an ,indian ,tribe with respect to which land owned by the ,indian ,tribe1 held in trust by the ,united ,states for the ,indian ,tribe1 or held by the ,indian ,tribe and subject to restrictions on alienation imposed by the ,united ,states or the reservation of the ,indian ,tribe is located within a coastal state4 7#c7 ,coastal users ,the term coastal users means-- 7,a7 persons that engage in commercial or recreational fishing2 7,b7 recreational fishing and boating businesses2 and 7,c7 boatbuilding1 aquaculture1 and other water-dependent1 coastal-related businesses4 7#d7 ,covered entity ,the term covered entity means-- 7,a7 a coastal state2 7,b7 a coastal ,indian ,tribe2 or 7,c7 a ,native ,hawaiian organization4 7#e7 ,eligible covered entity ,the term eligible covered entity means a covered entity that-- 7,a7 has an approved working waterfronts plan2 7,b7 is in the process of developing a working waterfronts plan for approval under subsection 7b72 or 7,c7 has a coastal land use plan that the ,secretary determines is sufficient for the purposes of this section4 7#f7 ,grant program ,the term grant program means the grant program established under subsection 7c74 7#g7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#h7 ,native ,hawaiian organization ,the term ,native ,hawaiian organization means a nonprofit organization-- 7,a7 that serves the interests of ,native ,hawaiians2 7,b7 in which ,native ,hawaiians serve in substantive and policymaking positions2 7,c7 that is recognized for having expertise in ,native ,hawaiian culture and heritage1 including tourism2 and 7,d7 is located within a coastal state4 7#i7 ,qualified holder ,the term qualified holder means-- 7,a7 a unit of local government of a covered entity1 if the covered entity is a coastal state2 or 7,b7 a nonprofit organization2 that is designated by a covered entity in the approved working waterfronts plan of the covered entity to carry out some or all of the functions of the covered entity under the grant program if the covered entity applies for and is awarded a grant under the grant program1 including holding title to or an interest in a working waterfront acquired with a grant awarded under the grant program4 7#aj7 ,task ,force ,the term ,task ,force means the task force established under subsection 7a77#a74 7#aa7 ,disadvantaged community ,the term disadvantaged community means a community the ,secretary determines1 based on appropriate data1 indices1 and screening tools1 is economically1 socially1 or environmentally disadvantaged4 7#ab7 ,working waterfront ,the term working waterfront means real property 7including support structures over water and other facilities7 that-- 7,a7 provides access to coastal waters by coastal users2 and 7,b7 is used for1 or supports1 commercial and recreational fishing1 recreational fishing and boating businesses1 boatbuilding1 aquaculture1 and other water-dependent1 coastal-related business4 7#ac7 ,working waterfront covenant ,the term working waterfront covenant means an agreement in recordable form entered into between a person that holds title to or an interest in a working waterfront and a covered entity that is awarded a grant under the grant program or a qualified holder of such covered entity that provides such assurances as the ,secretary determines necessary to ensure the following3 7,a7 ,except as provided in subparagraph 7,c71 the title to or interest in the working waterfront will be held by an entity that is subject to such agreement in perpetuity4 7,b7 ,the working waterfront will be managed in a manner that is consistent with the purposes of this section1 and the working waterfront will not be converted to any use that is inconsistent with this section4 7,c7 ,if the title to or interest in the working waterfront is subsequently sold or otherwise exchanged-- 7i7 each party involved in such sale or exchange shall accede to such agreement2 and 7ii7 funds equal to the fair market value of the title to or interest in the working waterfront shall be paid to the ,secretary by the parties to the sale or exchange1 and such funds shall be1 at the discretion of the ,secretary1 paid to the relevant covered entity or a qualified holder of such covered entity for use in the implementation of the approved working waterfronts plan of the covered entity4 7,d7 ,such agreement shall be subject to enforcement and oversight by the covered entity or by another person as the ,secretary determines appropriate4 #cjf;,c4 ,working ,waterfronts ,preservation ,loan ,fund 7a7 ,general authority 7#a7 ,grants to eligible coastal states to establish working waterfronts preservation loan funds 7,a7 ,in general ,the ,secretary may enter into an agreement with an eligible coastal state to issue a capitalization grant1 including a letter of credit1 to such eligible coastal state to implement the approved working waterfronts plan of such eligible coastal state4 7,b7 ,establishment of working waterfronts preservation loan funds 7i7 ,in general ,to be eligible to receive a capitalization grant under this subsection1 an eligible coastal state shall establish a working waterfronts preservation loan fund4 7ii7 ,deposit ,each capitalization grant made to an eligible coastal state under this paragraph shall be deposited in the working waterfronts preservation loan fund of such eligible coastal state4 7,c7 ,extended period ,a capitalization grant made to an eligible coastal state under this section shall be available to the eligible coastal state for obligation for a period of #b fiscal years4 7#b7 ,use of funds 7,a7 ,in general ,an eligible coastal state shall use amounts deposited in the working waterfronts preservation loan fund of such eligible coastal state1 including loan repayments and interest earned on such amounts1 to provide financial assistance described in subsection 7f7 to a covered entity to implement the approved working waterfronts plan of such eligible coastal state through preservation1 improvement1 restoration1 rehabilitation1 and acquisition of working waterfronts pursuant to criteria established by the ,secretary4 7,b7 ,sale of bonds ,a covered entity may use amounts received under this section as a source of revenue 7restricted solely to interest earnings of the applicable working waterfronts preservation loan fund7 or security for payment of the principal and interest on a revenue or general obligation bond issued by the eligible coastal state to provide matching funds under subsection 7e7 if the proceeds of the sale of the bond will be deposited in the working waterfronts preservation loan fund of such eligible coastal state4 7,c7 ,no increased bonding authority ,amounts deposited in the working waterfronts preservation loan fund of an eligible coastal state may not be used as a source of payment of1 or security for 7directly or indirectly71 in whole or in part1 any obligation the interest on which is exempt from the tax imposed under chapter #a of the ,internal ,revenue ,code of #aihf4 7#c7 ,limitation ,an eligible coastal state may not provide financial assistance described in subsection 7f7 to a covered entity that does not have the technical1 managerial1 and financial capability to ensure compliance with the requirements of this section4 7#d7 ,prevailing wages ,the ,secretary shall ensure compliance with the provisions of the ,act of ,march #c1 #aica 7#dj ,u4,s4,c4 #cada et seq42 commonly known as the ,davis-,bacon ,act7 with respect to any construction project carried out in whole or in part with financial assistance made available from a working waterfronts preservation loan fund4 7#e7 ,reservation ,each eligible coastal state that enters into a capitalization agreement under paragraph 7#a7 shall1 each fiscal year1 reserve #j4b percent of the amount in the working waterfronts preservation loan fund of the eligible coastal state to provide financial assistance described in subsection 7f7 to an ,indian ,tribe or a ,native ,hawaiian organization4 7b7 ,intended use plans 7#a7 ,in general ,each eligible coastal state that enters into a capitalization agreement under subsection 7a77#a7 shall annually prepare an intended use plan1 subject to notice and an opportunity for public comment1 that identifies the intended uses of the amounts available to the working waterfronts preservation loan fund of the eligible coastal state4 7#b7 ,contents ,each intended use plan prepared by an eligible coastal state under paragraph 7#a7 shall include1 with respect to the eligible coastal state-- 7,a7 a list of each project to be assisted with amounts from the working waterfronts preservation loan fund in the first fiscal year that begins after the date such intended use plan is finalized1 including1 with respect to each such project-- 7i7 a description of the project2 7ii7 the expected terms of financial assistance2 and 7iii7 the size of the community served2 7,b7 the criteria and methods established to distribute amounts from the working waterfronts preservation loan fund2 and 7,c7 a description of the financial status of the working waterfronts preservation loan fund and the short- and long-term goals of such working waterfronts preservation loan fund4 7c7 ,working waterfronts preservation loan fund management 7#a7 ,in general ,each working waterfronts preservation loan fund under this section shall be established1 maintained1 and credited with repayments and interest and the fund corpus shall be available in perpetuity to provide financial assistance described in subsection 7f7 to covered entities under this section4 7#b7 ,extra amounts ,to the extent amounts in a working waterfronts preservation loan fund are not required for obligation or expenditure1 such amounts shall be invested in interest-bearing obligations4 7d7 ,assistance for disadvantaged communities 7#a7 ,loan subsidy 7,a7 ,in general ,notwithstanding any other provision of this section1 if an eligible coastal state makes a loan to a disadvantaged community pursuant to subsection 7a77#b71 the eligible coastal state may provide additional subsidization to such disadvantaged community1 including-- 7i7 forgiveness of principal2 7ii7 grants2 7iii7 negative interest loans2 7iv7 other loan forgiveness2 and 7v7 through buying1 refinancing1 or restructuring debt4 7,b7 ,exclusion ,a loan from a working waterfronts preservation loan fund with an interest rate equal to or greater than #j percent shall not be considered additional subsidization for the purposes of this subsection4 7#b7 ,total amount of subsidies ,of the amount of a capitalization grant received by an eligible coastal state for any fiscal year1 the total amount of loan subsidies made by such eligible coastal state pursuant to paragraph 7#a7-- 7,a7 may not exceed #ce percent2 and 7,b7 to the extent that there are1 as determined by the ,secretary1 sufficient applications from disadvantaged communities for loans1 may not be less than #ab percent4 7e7 ,eligible coastal state contribution ,each capitalization agreement entered into under subsection 7a77#a7 shall require that the eligible coastal state subject to such agreement deposit in the working waterfronts preservation loan fund of the eligible coastal state an amount equal to not less than #bj percent of the total amount of the capitalization grant to be made to the eligible coastal state on or before the date on which the capitalization grant payment is made to the eligible coastal state4 7f7 ,types of assistance ,the amounts deposited into a working waterfronts preservation loan fund of an eligible coastal state under this section may be used by the eligible coastal state-- 7#a7 to make a loan to a covered entity1 on the condition that-- 7,a7 the interest rate for the loan does not exceed the market rate2 7,b7 principal and interest payments on the loan will commence not later than #ah months after completion of the project for which the loan was made2 7,c7 the loan will be fully amortized not later than #cj years after the completion of the project1 except that in the case of a disadvantaged community an eligible coastal state may provide an extended term for the loan1 if the extended term-- 7i7 terminates not later than the date that is #dj years after the completion of the project2 and 7ii7 does not exceed the expected design life of the project2 7,d7 the recipient of the loan will establish a dedicated source of revenue 7or1 in the case of a privately owned working waterfront property1 demonstrate that there is adequate security7 for the repayment of the loan2 and 7,e7 the working waterfronts preservation loan fund of the eligible coastal state will be credited with all payments of principal and interest on the loan2 7#b7 to buy or refinance the debt obligation of a municipality or an intermunicipal or interstate agency within the eligible coastal state at an interest rate that is less than or equal to the market interest rate2 7#c7 to guarantee1 or purchase insurance for1 a local obligation 7all of the proceeds of which finance a project eligible for financial assistance under this section7 if the guarantee or purchase would improve credit market access or reduce the interest rate applicable to the obligation2 7#d7 as a source of revenue or security for the payment of principal and interest on a revenue or general obligation bond issued by the eligible coastal state if the proceeds of the sale of the bond will be deposited into the working waterfronts preservation loan fund of the eligible coastal state2 or 7#e7 to earn interest on the amounts deposited into the working waterfronts preservation loan fund of the eligible coastal state4 7g7 ,administration of working waterfronts preservation loan funds 7#a7 ,combined financial administration ,notwithstanding subsection 7c71 an eligible coastal state may combine the financial administration of a working waterfronts preservation loan fund of the eligible coastal state with the financial administration of any other revolving fund established by the eligible coastal state if the ,secretary determines that the capitalization grants made under this section1 together with loan repayments and interest1 will be separately accounted for and used solely for the purposes specified in subsection 7a74 7#b7 ,cost of administering working waterfronts preservation loan fund 7,a7 ,in general ,for each fiscal year1 an eligible coastal state may use the amount described in subparagraph 7,b7-- 7i7 to cover the reasonable costs of administration of the programs under this section1 including the recovery of reasonable costs expended to establish a working waterfronts preservation loan fund that are incurred after the date of the enactment of this section2 and 7ii7 to provide technical assistance to working waterfronts projects carried out within the eligible coastal state4 7,b7 ,description of amount ,the amount referred to in subparagraph 7,a7 is an amount equal to the sum of-- 7i7 the amount of any fees collected by the eligible coastal state for use in accordance with subparagraph 7,a77i71 regardless of the source2 and 7ii7 the greater of-- 7,i7 #djj1jjj2 7,,ii7 #j4b percent of the current valuation of the working waterfronts preservation loan fund of the eligible coastal state2 or 7,,iii7 an amount equal to #d percent of all grant awards made to the working waterfronts preservation loan fund of the eligible coastal state under this section for the fiscal year4 7h7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #ej1jjj1jjj for each of fiscal years #bjbf through #bjcj4 7i7 ,definitions ,in this section3 7#a7 ,approved working waterfronts plan ,the term approved working waterfronts plan has the meaning given the term in section #cjf;,b4 7#b7 ,covered entity ,the term covered entity means-- 7,a7 a ,state agency2 7,b7 an ,indian ,tribe2 7,c7 a ,native ,hawaiian organization2 7,d7 a local government2 or 7,e7 a nonprofit organization4 7#c7 ,disadvantaged community ,the term disadvantaged community has the meaning given the term in section #cjf;,b4 7#d7 ,eligible coastal state ,the term eligible coastal state means a coastal state that has an approved working waterfronts plan4 7#e7 ,working waterfront ,the term working waterfront has the meaning given the term in section #cjf;,b4 7#f7 ,working waterfronts preservation loan fund ,the term working waterfronts preservation loan fund means a revolving loan fund established under this section for the preservation of working waterfronts4 4 #bjc4 ,seafood marketing 7a7 ,outreach plan ,the ,secretary of ,agriculture1 in conjunction with the ,administrator1 shall develop an outreach plan to expand outreach by the ,department of ,agriculture to fishing industry stakeholders to increase awareness of and assist with the use of programs in the ,agricultural ,marketing ,service by such stakeholders4 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 the enactment of this section-- 7#a7 the ,secretary of ,agriculture1 in conjunction with the ,administrator1 shall submit a report to ,congress regarding the outreach plan developed under subsection 7a72 and 7#b7 the ,administrator shall submit to ,congress a report regarding the findings of the study conducted under subsection 7b74 #bjd4 ,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 7,b7 in subparagraph 7,j71 by striking and at the end2 7,c7 in subparagraph 7,k71 by striking the period at the end and inserting 2 and2 and 7,d7 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 management area of the relevant ,council2 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 relevant ,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 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 that lack 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 the enactment of the ,sustaining ,america's ,fisheries for the ,future ,act of #bjbe 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 in each year from #bjbj through #bjbe4 7,b7 ,the amount of harvest privileges or transferable quota that were leased to other parties or entities in each year from #bjbj through #bjbe4 7,c7 ,the names of each corporation1 partnership1 or other authorized entity that1 at the time such audit is conducted1 hold harvesting privileges or transferable quota in ,federal fisheries4 7,d7 ,the proportion of transferable quota holders 7including both individuals and authorized entities7 that1 at the time such audit is conducted1 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 where1 at the time such audit is conducted1 leasing is occurring4 7#c7 ,additional requirements ,in addition to the requirements under paragraph 7#b71 the audit required under paragraph 7#a7 shall-- 7,a7 evaluate the performance of the ,secretary in overseeing limited access privilege programs in accordance with section #cjc;,a7c77#a77;,j7 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 #a year after the date of the enactment of the ,sustaining ,america's ,fisheries for the ,future ,act of #bjbe1 the inspector general of the ,department of ,commerce shall brief the appropriate committees of ,congress on the preliminary findings of the audit conducted under paragraph 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 of the ,department of ,commerce shall submit to ,congress a final report setting forth the results of the audit conducted under paragraph 7#a74 #bje4 ,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 the economies of such areas have been badly damaged by the overfishing of fishery resources2 ensuring the sustainable use of fishery resources is essential to the economic well-being of such areas4 4 ,,iii ,strengthening public process and transparency #cja4 ,tribal representation on ,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 not less than #c2 and 7#b7 by adding at the end the following3 7,e7 ,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 7#af ,u4,s4,c4 #aheb7;b77#c77 is amended by striking paragraphs 7#b7 and 7#e7 and inserting paragraph 7#b74 #cjb4 ,tribal representation on ,north ,pacific ,fishery ,management ,council 7a7 ,in general ,section #cjb 7#af ,u4,s4,c4 #aheb7 is amended-- 7#a7 in subsection 7a77#a77;,g7-- 7,a7 by striking seward and inserting seaward2 7,b7 by striking #aa and inserting #ac2 and 7,c7 by inserting before the period at the end and #b appointed by the ,secretary in accordance with subsection 7b77#f72 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,c71 by striking paragraphs 7#b7 and 7#e7 and inserting paragraphs 7#b71 7#e71 and 7#f72 7,b7 by redesignating paragraph 7#f7 as paragraph 7#g72 7,c7 by inserting after paragraph 7#e7 the following3 7#f7 7,a7 ,the ,secretary1 in accordance with subparagraph 7,c71 shall appoint to the ,north ,pacific ,council #b individuals to serve as representatives of covered ,indian tribes from a list submitted by the tribal governments4 7,b7 ,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 subparagraph 7,a74 7,c7 ,an individual is qualified for appointment to the ,north ,pacific ,council under subparagraph 7,a7 if such individual-- 7i7 possesses knowledge of-- 7,i7 the anadromous fish of the ,north ,pacific ,council region2 7,,ii7 the marine resources managed by such ,council2 7,,iii7 the effects of the actions of such ,council on such resources2 7,,iv7 the subsistence uses1 customs1 and traditions relating to such resources2 and 7,v7 commercial and sport uses of the fish described in subclause 7,i7 and such resources2 or 7ii7 demonstrates leadership through involvement in local1 regional1 or tribal fish and wildlife management or conservation organizations4 7,d7 ,representation shall be rotated among affected tribal regions1 taking into consideration-- 7i7 the qualifications of the individuals on the list submitted under subparagraph 7,a72 7ii7 the degree to which the ,indian tribes located within the ,north ,pacific ,council region are dependent on anadromous fish and marine resources within such region and the effects of the actions of such ,council on such resources2 and 7iii7 the geographic area within which the tribe of the representative is located4 7,e7 ,an individual appointed under subparagraph 7,a7 may designate as an alternate an individual knowledgeable with respect to tribal rights and fishing practicies1 ,indigenous traditional knowledge1 tribal law1 and the marine resources managed by the ,north ,pacific ,council4 7,f7 ,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 that subparagraph4 7,g7 ,in this paragraph1 the term covered ,indian tribe means an ,indian tribe in ,alaska that is identified 7including parenthetically7 on the most current list published by the ,secretary under section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca74 2 and 7,d7 in paragraph 7#g71 as so redesignated1 by striking paragraphs 7#b7 or 7#e7 and inserting paragraph 7#b71 7#e71 or 7#f72 and 7#c7 in subsection 7j77#a77;,a77ii77,,ii71 by striking subsection 7b77#e7 and inserting paragraph 7#e7 or 7#f7 of subsection 7b74 7b7 ,western ,pacific ,fishery ,management ,council study ,the ,administrator shall conduct a study regarding the feasibility and implications of adding indigenous seats to the ,western ,pacific ,fishery ,management ,council established by section #cjb of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheb7 for the ,western ,pacific ,fishery ,management ,council region4 #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 appointed by the ,secretary in accordance with paragraph 7#d7 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 appointed by the ,secretary in accordance with paragraph 7#d7 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 that ,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 7#af ,u4,s4,c4 #aheb7;i77#b77 is amended by adding at the end the following3 7,g7 ,each ,council shall make available on the internet website of the ,council-- 7i7 with respect to each meeting of the ,council and of the ,council ,coordination ,committee established under subsection 7l7 that is not closed in accordance with paragraph 7#c71 to the extent possible1 a webcast1 live audio recording1 or live video broadcast of each such meeting2 and 7ii7 with respect to each meeting of the ,council and of the scientific and statistical committee established by the ,council under subsection 7g77#a77;,a7 that is not closed in accordance with paragraph 7#c71 by not later than #cj days after the conclusion of each such meeting1 an audio or video recording 7if the meeting was in person or by video conference7 or a searchable audio recording or written transcript of each such 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 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 each appointment to a ,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 7i7 ,in general ,in making each appointment under this section1 the ,secretary shall1 to the extent practicable1 ensure a fair and balanced apportionment1 on a rotating or other basis1 of active participants 7or the representatives of such participants7 in the commercial1 recreational1 and subsistence fisheries under the jurisdiction of the ,council and of members of the conservation community1 scientists1 nonconsumptive users1 and members of indigenous and tribal communities1 as applicable4 7ii7 ,report ,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 regarding the actions taken by the ,secretary to ensure that a fair and balanced apportionment described in clause 7i7 is achieved1 including-- 7,i7 a list of 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 7,,ii7 an assessment of the membership of each ,council in terms of the apportionment of the active participants in each such fishery and of members of the conservation community1 scientists1 nonconsumptive users1 and members of indigenous and tribal communities2 and 7,,iii7 a statement of the plans and schedule of the ,secretary for actions to achieve a fair and balanced apportionment on each ,council for the active participants in any such fishery and for the categories of members listed in subclause 7,,ii74 2 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 under subclause 7,i71 a ,governor-- 7aa7 may only submit the name of an individual if such ,governor has determined such individual is qualified under subparagraph 7,a72 7bb7 shall include the names and pertinent biographical data of not less than #c individuals for each applicable vacancy2 and 7cc7 shall include a statement explaining how each individual included on the list meets the requirements of subparagraph 7,a74 7,,iii7 ,review ,the ,secretary shall review each list submitted under this subparagraph4 7,,iv7 ,notification ,if the ,secretary determines that an individual included on a list submitted under this subparagraph does not meet the requirements of this paragraph1 the ,secretary shall notify the appropriate ,governor4 7,v7 ,response to review ,if a ,governor receives notification under subclause 7,,iv71 such ,governor may submit a revised list or resubmit the original list with an additional explanation of the qualifications of the individual for which such ,governor received such a notification4 7ii7 ,individuals without financial interest ,the ,secretary shall appoint to each ,council at least #a 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 2 and 7#d7 by adding at the end the following3 7,f7 ,geographical representation ,in appointing at-large members to the ,western ,pacific ,council1 the ,secretary shall ensure geographical representation across each constituent ,state of such ,council4 4 7b7 ,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 who-- 7i7 has expertise in ,federal conflict-of-interest requirements2 and 7ii7 is designated by the ,secretary1 in consultation with a ,council1 to attend the meetings of such ,council 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 internet website of the agency1 on the internet website of the applicable ,council14 7c7 ,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 each member of a ,council1 member of a ,council advisory body1 and employee or contractor of a ,council1 is 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 ,an individual described in subparagraph 7,a7 may provide a technical and factual presentation directly related to the performance of the duties of a ,council1 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 paragraph 7#a74 7,b7 ,complaint ,the ,secretary shall investigate a complaint submitted by any person or government entity regarding a potential violation of paragraph 7#a74 7#c7 ,penalties ,if the ,secretary determines that an individual violated paragraph 7#a71 such individual shall be subject to disciplinary action1 including suspension or expulsion from participation in1 membership of1 or employment by a ,council1 ,council advisory body1 or related entity or activity4 7#d7 ,training ,the ,secretary shall provide training to individuals described in paragraph 7#a7 regarding-- 7,a7 compliance with regulations issued to implement this subsection2 and 7,b7 general limits of ,federal grant recipients on contacts with members and staff of the executive and legislative branches4 7#e7 ,restriction on ex-voting member lobbying ,a voting member appointed to a ,council by the ,secretary in accordance with paragraph 7#b71 7#e71 or 7#f7 of subsection 7b7 may not lobby the ,council to which such member was appointed regarding any matter during the #a-year period beginning on the date on which the term of such member expires1 if such member has not been appointed to serve a subsequent term4 7#f7 ,report ,the ,secretary shall annually submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report that describes-- 7,a7 the funding provided to implement this subsection2 7,b7 complaints received of and investigations into potential violations of paragraph 7#a72 and 7,c7 barriers associated with and proposals to improve implementation of this subsection4 7n7 ,workplace harassment prevention 7#a7 ,prohibition ,the ,secretary shall prohibit any person from harassing a covered individual during the conduct of duties by such covered individual 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 the enactment of the ,sustaining ,america's ,fisheries for the ,future ,act of #bjbe or the first day of employment by a ,council of such individual1 and not less often than once 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 individual means-- 7i7 a ,council member2 7ii7 ,council staff2 7iii7 a ,council advisory panel member2 7iv7 a member of a committee associated with a ,council or the ,national ,oceanic and ,atmospheric ,administration2 7v7 a ,federal fishery permit holder2 and 7vi7 a staff member1 crew member1 employee1 or contractor 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 7d7 ,judicial review ,section #cje7;f77#a7 7#af ,u4,s4,c4 #ahee7;f77#a77 is amended by striking #cj and inserting #fj4 7e7 ,regulations ,not later than #a year after the date of the enactment of this section1 the ,secretary shall issue regulations to implement section #cjb7m7 7#af ,u4,s4,c4 #aheb7m771 as added by this section4 #cjf4 ,western ,pacific ,sustainable ,fishery ,fund ,section #bjd7;e7 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 clause 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 subsection1 the ,secretary shall establish and convene an advisory panel under section #cjb7;g71 to be known as the ,western ,pacific ,sustainable ,fishery ,fund ,advisory ,panel 7referred to in this paragraph as the advisory panel71 to evaluate1 determine the relative merits of1 and annually rank applications for grants for implementation of marine conservation plans approved under paragraph 7#d74 7,b7 ,members ,the advisory panel shall consist of members such that-- 7i7 the ,governor of each applicable ,pacific ,insular ,area selects #a member2 and 7ii7 no member may be a member or employee of the ,western ,pacific ,council4 7,c7 ,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,d7 ,notice ,the ,secretary shall provide to the public timely notice of each meeting of the advisory panel4 7,e7 ,minutes ,the ,secretary shall keep and make available to the public minutes of each meeting of the advisory panel4 7,f7 ,reports ,the ,secretary shall1 with the assistance of the advisory panel1 annually submit to ,congress a report identifying any projects that were funded in the previous year and the status and progress of projects carried out under this subsection4 7,g7 ,exemption from ,federal ,advisory ,committee ,act ,chapter #aj of title #e1 ,united ,states ,code 7commonly known as the ,federal ,advisory ,committee ,act71 does not apply to the advisory panel4 4 #cjg4 ,council staff and administration ,section #cjb7;f7 7#af ,u4,s4,c4 #ahcb7;f77 is amended by adding at the end the following3 7#h7 ,each ,council shall1 with the approval of the ,secretary1 develop a code of conduct and ethics for members and employees of each such ,council equivalent to those applicable to ,federal personnel4 7#i7 ,the ,secretary may1 in accordance with applicable law1 take disciplinary action1 up to and including termination1 against an executive director of a ,council4 ,a ,council may1 in accordance with applicable law1 take disciplinary action1 up to and including termination1 against the executive director or any other employee of the ,council4 4 #cjh4 ,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 ,section #ceda7;f7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 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-- 7,a7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,d7 and 7,e71 respectively2 and 7,b7 by inserting after subparagraph 7,b7 the following3 7,c7 ,a synopsis of each case and the disciplinary action taken1 if any1 in each case4 4 7b7 ,annual report on sexual assaults1 sexual harassment1 and equal employment ,section #cedh of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 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 striking the sexual assaults involving and inserting sexual assault and sexual harassment involving and the equal employment of2 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 this section4 7#g7 ,the number of alleged sexual assaults and sexual harassment cases involving fisheries observers1 protected species observers1 and endangered species observers1 including-- 7,a7 a synopsis of each case and the status of such case2 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 sexual assault or sexual harassment is alleged to have occurred1 as appropriate4 4 7c7 ,investigation and criminal referral requirements 7#a7 ,technical amendment ,sections #cedh and #cedi of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 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 the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7#cc ,u4,s4,c4 #hid et seq47 is amended by inserting after section #cedg of that ,act 7#cc ,u4,s4,c4 #hid;d-#b7 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 corps of the ,administration1 or covered personnel elects restricted or unrestricted reporting under section #ceda7;b77#c77;,b7 or #cedb7;b77#e77;,b71 disclosure of the personally identifying information of such individual is authorized to the following persons or organizations when disclosure would be for the following reasons3 7#a7 ,to ,administration staff or law enforcement personnel1 if authorized by the survivor in writing4 7#b7 ,to ,administration staff or law enforcement personnel to prevent or lessen a serious or imminent threat to the health or safety of the survivor or another person4 7#c7 ,to a survivor advocate or healthcare provider1 if required for the provision of survivor services4 7#d7 ,to a ,state or ,federal court1 if pursuant to a court order 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 individual whose personally identifying information is disclosed2 and 7#b7 take such action as is necessary to protect the privacy and safety of the individual4 #cedi4 ,restricted reporting 7a7 ,in general ,not later than #c years after the date of the enactment of the ,national ,oceanic and ,atmospheric ,administration ,sexual ,harassment and ,assault ,prevention ,improvements ,act of #bjbe1 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 ,administration1 members of the commissioned officer corps of the ,administration1 and covered personnel who allege that they have been sexually harassed or sexually assaulted to confidentially disclose the details of such sexual harassment or sexual assault to specified individuals and receive the services outlined in this subtitle-- 7#a7 without the dissemination of the personally identifying information of such individual except as necessary for the provision of such services and as provided by section #cedh7;a72 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 the ,national ,oceanic and ,atmospheric ,administration ,sexual ,harassment and ,assault ,prevention ,improvements ,act of #bjbe1 develop and implement a policy to report to the ,commandant of the ,coast ,guard1 in accordance with section #ajajd of title #df1 ,united ,states ,code1 the names of personnel of the ,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 #df1 ,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 offense1 was operating under a contract with the ,administration4 4 7d7 ,definitions ,section #ceeb of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag1 as so redesignated by subsection 7c7 of this section1 is amended to read as follows3 #ceeb4 ,definitions ,in this subtitle3 7#a7 ,administration ,the term ,administration means the ,national ,oceanic and ,atmospheric ,administration4 7#b7 ,covered personnel ,the term covered personnel means an individual who works with or conducts business on behalf of the ,administration and includes-- 7,a7 observers1 at-sea monitors1 and catch monitors required by the ,national ,marine ,fisheries ,service to operate on or in commercial fishing vessels1 other privately owned vessels1 barges1 or platforms1 and shoreside processing facilities for-- 7i7 commercial fisheries observation required by the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq472 7ii7 protected species or endangered species observation required by the ,marine ,mammal ,protection ,act of #aigb 7#af ,u4,s4,c4 #acfa et seq47 or the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #acea et seq472 or 7iii7 platform removal observation2 and 7,b7 voting members and executive and administrative staff of each ,regional ,fishery ,management ,council established under section #cjb of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheb74 7#c7 ,sexual assault ,the term sexual assault has the meaning given the term in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#db ,u4,s4,c4 #acibe7;a774 4 7e7 ,conforming and clerical amendments 7#a7 ,conforming amendments ,subtitle ,c of title ,,xxxv of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7#cc ,u4,s4,c4 #hid et seq47 is amended-- 7,a7 by striking individuals who work with or conduct business on behalf of the ,administration each place it appears and inserting covered personnel2 7,b7 by striking ,national ,oceanic and ,atmospheric each place it appears1 except-- 7i7 when it appears as ,national ,oceanic and ,atmospheric ,administration ,sexual ,harassment and ,assault ,prevention ,improvements ,act of #bjbe2 7ii7 in section #ceea of that ,act1 as so redesignated by subsection 7c7 of this section1 in the section heading2 and 7iii7 in section #ceeb7a7 of that ,act1 as so redesignated by subsection 7c7 of this section2 7,c7 by striking the term victims each place it appears and inserting survivors2 7,d7 in section #ceda7;b77#b77;,b7 of that ,act 7#cc ,u4,s4,c4 #hid71 by striking victim and inserting target of sexual harassment2 7,e7 in section #cedb of that ,act 7#cc ,u4,s4,c4 #hid;a7-- 7i7 in subsection 7b77#i7-- 7,i7 by striking ,victim and inserting ,survivor2 and 7,,ii7 by striking victim and inserting survivor2 and 7ii7 in subsection 7c7-- 7,i7 in the heading1 by striking ,victim and inserting ,survivor2 7,,ii7 in paragraph 7#b71 in the heading1 by striking ,victim and inserting ,survivor2 and 7,,iii7 by striking the term victim each place it appears and inserting survivor2 7,f7 in section #cedc of that ,act 7#cc ,u4,s4,c4 #hid;b7-- 7i7 in the heading1 by striking victim and inserting survivor2 and 7ii7 by striking victim and inserting survivor2 and 7,g7 in section #cedd of that ,act 7#cc ,u4,s4,c4 #hid;c7-- 7i7 in subsection 7a7-- 7,i7 by striking victims and inserting survivors2 and 7,,ii7 in paragraph 7#a71 by striking was each place it appears and inserting is2 and 7ii7 by striking victim each place it appears and inserting survivor4 7#b7 ,clerical amendment ,the table of contents in section #b7;b7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag and the table of contents preceding subtitle ,a of title ,,xxxv of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag are both amended-- 7,a7 by striking the item relating to section #cedc of that ,act 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 of that ,act 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 ,definitions4 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 commissioned officer corps of the ,national ,oceanic and ,atmospheric ,administration 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 paragraph 7#bf7 as paragraph 7#bg72 and 7#b7 by inserting after paragraph 7#be7 the following3 7#bf7 ,section #feg1 relating to prohibition on service by individuals convicted of certain sexual offenses4 4 7h7 ,definition of responsible entity of a vessel ,section #ajajd7;g7 of title #df1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking or at the end2 7#b7 in paragraph 7#b71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#c7 the ,director of the ,office of ,marine and ,aviation ,operations1 with respect to each vessel owned or operated by the ,national ,oceanic and ,atmospheric ,administration4 4 ,,iv ,modernizing fisheries science and data #dja4 ,data modernization 7a7 ,in general ,not later than #ahj days after the date of the enactment of this section1 the ,secretary1 acting through the ,assistant ,administrator for ,fisheries1 shall provide to ,congress a national strategic plan for fisheries data1 including a description of-- 7#a7 activities for the goals and objectives of the plan2 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 interoperability1 including the ,data ,strategy1 ,cloud ,strategy1 and ,artificial ,intelligence ,strategy of the ,national ,oceanic and ,atmospheric ,administration4 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 regarding progress in carrying out this section4 #djb4 ,expanding and improving electronic technologies 7a7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 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 difficulties2 7#b7 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 purposes2 7#c7 to achieve management goals1 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 strategies2 and 7#d7 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 ,regional ,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 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 on board such a 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 implemented under this paragraph4 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 program implemented under this paragraph4 after fishery42 and 7#c7 by adding at the end the following3 7#c7 ,secretarial review 7,a7 ,in general ,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 management and improve the timeliness1 quality1 usability1 and cost-effectiveness and reduce unnecessary duplication within and across fishery management plans and regions4 7,b7 ,report ,upon the completion of each review carried out under subparagraph 7,a71 the ,secretary shall publish a report for the public describing the findings of each 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 ,congress-- 7,a7 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 fisheries2 and 7,b7 make recommendations to improve such capabilities1 taking into consideration cost1 efficiency1 and collaboration with private entities4 7#b7 ,report ,not later than #ah months after the date of the enactment of this section1 the ,comptroller ,general shall submit to ,congress a report describing the results of the review required under paragraph 7#a7 and the recommendations made pursuant to such review4 7e7 ,electronic technologies innovation prize 7#a7 ,in general ,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 #a electronic technologies innovation prize competition to catalyze the rapid development and deployment of electronic technology-based data collection to be used in fisheries management4 7#b7 ,subject of prize ,each prize competition established under paragraph 7#a7 shall focus on #a or more of the following subjects3 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 subjects 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 ,councils regarding 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 individuals 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 the ,councils4 7#d7 ,recommendations ,not later than #b years after the date of the enactment of this section1 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 management1 including-- 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 ,councils2 7,d7 an assessment of how such performance standards would impact existing regional or fishery-specific technologies currently in use and recommendations regarding ensuring continued use or improvement of these technologies if such performance standards are established2 7,e7 a list of knowledge gaps or additional questions the ,secretary should consider before publishing such performance standards2 7,f7 recommendations regarding 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 regarding ownership of data collected using electronic technology2 and 7,i7 recommendations regarding policies and procedures to develop and implement electronic technologies for fisheries data collection and management4 7#e7 ,exemption from the ,federal ,advisory ,committee ,act ,chapter #aj of title #e1 ,united ,states ,code 7commonly known as the ,federal ,advisory ,committee ,act71 does not apply to the ,advisory ,panel4 7#f7 ,rule of construction ,nothing in this subsection may be construed to preclude any ,council from independently developing electronic technologies to be used in fisheries data collection and management4 #djc4 ,stock ,assessments ,not later than #a year after the date of the enactment of this section1 and annually thereafter1 the ,secretary shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report regarding the progress of the ,national ,marine ,fisheries ,service with respect to prioritizing and improving stock assessments1 including-- 7#a7 a summary of the methods used for assessments for all stocks of fish for which a fishery management plan is in effect under the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq471 and explain which stocks of fish have not been assessed1 and why2 7#b7 a summary of each stock assessment and stock assessment update completed during the preceding year2 7#c7 an identification of each stock assessment that was planned but not completed and explain why such stock assessment was not completed2 7#d7 the schedule for all upcoming stock assessments and stock assessment updates2 7#e7 a summary of 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 a summary of the progress with respect to autonomous surveys and an identification of opportunities to expand new technologies for stock assessments data collection2 and 7#g7 a summary of 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 7#a7 ,in general ,the ,secretary shall make funds available under the program established under subsection 7a7 on a competitive basis and based on regional fishery management needs to support cooperative research and management projects to address critical needs identified by the ,councils4 7#b7 ,submission of critical needs list ,each ,council shall annually submit a list of critical needs to the ,secretary that identifies and prioritizes such needs4 7#c7 ,use of data ,the program established under subsection 7a7 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 under subsection 7b71 the ,secretary shall select projects that form part of a coherent program of cooperative research or management projects focused on addressing priority issues identified by the ,councils1 and shall give priority to the following types of 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-- 7,a7 monitor changing ocean conditions2 7,b7 improve methods2 7,c7 support adaptive management2 and 7,d7 enhance climate resilience in fisheries4 7#h7 ,projects designed-- 7,a7 to identify the impacts of anticipated changing ocean conditions1 including climate change1 on stocks of fish1 fisheries1 and fishing communities2 or 7,b7 to develop conservation and management strategies to adapt to such impacts4 7#i7 ,cooperative management projects that make use of data collected under this section4 7#aj7 ,projects to better understand-- 7,a7 interactions between sharks and humans2 7,b7 what causes increases in such interactions2 7,c7 the status of shark populations2 and 7,d7 how to best address such interactions to benefit both sharks and humans4 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 #a year after the date of the enactment of the ,sustaining ,america's ,fisheries for the ,future ,act of #bjbe1 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 subsection 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 ,preexisting agreements ,this subsection shall not apply to a cooperative management agreement submitted to or proposed or approved by the ,secretary before the date of the enactment of the ,sustaining ,america's ,fisheries for the ,future ,act of #bjbe4 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 regarding results and data generated by such project or under such permit4 7i7 ,progress report ,not later than #ahj days after the date of the enactment of the ,sustaining ,america's ,fisheries for the ,future ,act of #bjbe1 the ,assistant ,administrator for ,fisheries shall submit to ,congress a report regarding-- 7#a7 the progress made by the ,national ,marine ,fisheries ,service with respect to the implementation of the recommendations of the ,cooperative ,research and ,cooperative ,management ,working ,group report titled ,,noaa ,technical ,memorandum ,,nmfs-,f_/,,spo-#aef 7,august #bjae72 and 7#b7 the development and implementation of any subsequent recommendations by such ,working ,group4 4 7b7 ,findings ,section #b7;a77#h7 7#af ,u4,s4,c4 #ahja7;a77#h77 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 #a year after the date of the enactment of this section1 the ,secretary shall1 in coordination with the relevant ,councils as determined 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 improve the 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 vessel trawl surveys2 and 7#b7 the ,national ,marine ,fisheries ,service ,northeast ,fisheries ,science ,center shall1 in partnership with the relevant ,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 relevant ,councils shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a detailed report regarding the results of the pilot survey and study4 #djf4 ,recreational data consistency 7a7 ,in general ,section #cje 7#af ,u4,s4,c4 #ahee7 is amended by adding at the end the following3 7m7 ,recreational data improvement 7#a7 ,in general ,not later than #b years after the date of the enactment of the ,sustaining ,america's ,fisheries for the ,future ,act of #bjbe1 the ,secretary shall establish guidelines for recreational catch data1 which shall include the development of data standards to improve timeliness1 accuracy1 precision1 and validation of data produced by recreational surveys in order to facilitate the use of such data in stock assessments1 for use in management actions1 and for other uses as applicable4 7#b7 ,recommendations considered ,in establishing guidelines under paragraph 7#a71 the ,secretary 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 7#c7 ,multiple data sources ,if recreational catch data for a stock of fish come from more than #a 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 7#af ,u4,s4,c4 #ahha et seq47 is amended by adding at the end the following3 #dji4 ,recreational data improvement program 7a7 ,in general ,the ,secretary shall establish and carry out a comprehensive program to implement the guidelines established under section #cje7m74 7b7 ,coordination and collaboration ,in carrying out the program established under subsection 7a71 the ,secretary shall coordinate with programs established under subsection #dja7;g7 and promote collaboration with ,state and ,federal partners4 7c7 ,strategic plan 7#a7 ,in general ,not later than #a year after the date of the enactment of the ,sustaining ,america's ,fisheries for the ,future ,act of #bjbe1 and not less frequently than once every #e years thereafter1 the ,secretary shall develop1 publish in the ,federal ,register1 and submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a strategic plan for recreational data improvements for the #e years immediately following such publication4 7#b7 ,requirements ,each plan published under paragraph 7#a7 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 #a source for use in stock assessments2 7,e7 create goals1 objectives1 and timeframes for achievement of subparagraphs 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 7#c7 ,coordination ,in developing each strategic plan under paragraph 7#a71 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 7#d7 ,proposed plan ,prior to publishing each plan under paragraph 7#a71 the ,secretary shall publish a proposed plan in the ,federal ,register for the purpose of receiving public comment on the plan4 7d7 ,areas of research ,in carrying out the program established under subsection 7a71 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 nonresidents4 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 regarding 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 regarding how electronic technologies can most effectively be incorporated into survey designs4 7#h7 ,research regarding methods to integrate recreational catch data from more than #a 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 stockwide regional effort surveys1 and species-specific oversampling4 4 #djg4 ,emergency operating plans 7a7 ,in general ,not later than #a year after the date of the enactment of this section1 the ,administrator1 in consultation with the ,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 assessments1 impractical4 7b7 ,report ,not later than #a year after the date of the enactment of this section1 the ,administrator shall submit to ,congress a report regarding 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 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 ,fund2 7#d7 in subsection 7b7-- 7,a7 in paragraph 7#f71 by striking and at the end2 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 2 and 7#e7 by amending subsection 7d7 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 regions of each ,council according to recommendations of such ,councils1 based on regional priorities identified through the process of such ,councils4 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 region described in paragraph 7#a74 7#c7 ,specifically apportioned funds ,the ,secretary may apportion amounts from the ,fund to a specific project or region described in paragraph 7#a7 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 7b7 ,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 7c7 ,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 ,director of 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 #a year after the date of the enactment of this section1 the ,secretary shall develop a strategy to identify research priorities and funding opportunities to update and improve shark research1 shark population surveys1 and shark stock assessments1 and incorporate1 as applicable1 new and emerging survey technology techniques to integrate into the status of stock reports4 ,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 nonfishing activities should be considered through consistent application of essential fish habitat provisions under the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq474 #ejb4 ,essential fish habitat consultation 7a7 ,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 7b7 ,habitat area 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 so redesignated1 the following3 7#a7 ,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 ,the term habitat area of particular concern means a specific type or area of habitat that is part of or within essential fish habitat that-- 7,a7 provides an important ecological function1 including maintaining and restoring the biomass1 demographic1 spatial1 or genetic characteristics of fish populations2 7,b7 is sensitive to human-induced environmental degradation2 7,c7 is or will be significantly stressed by human activities2 7,d7 due to prevailing or anticipated future environmental conditions1 is or may become important to the health of a managed species2 or 7,e7 is rare4 4 7c7 ,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 7,a7 describe and identify 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 describe and identify 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 7d7 ,essential fish habitat ,section #cje7;b7 7#af ,u4,s4,c4 #ahee7;b77 is amended-- 7#a7 in paragraph 7#a77;,d7-- 7,a7 by inserting use existing programs administered by the ,secretary and after shall2 and 7,b7 by inserting and such agencies shall take action after agencies2 7#b7 by striking paragraphs 7#b7 through 7#d72 and 7#c7 by adding at the end the following3 7#b7 ,requirements for ,federal agency actions with adverse effect ,each ,federal agency shall-- 7,a7 with respect to an action authorized1 funded1 or undertaken1 or proposed to be authorized1 funded1 or undertaken1 by such agency that may adversely affect essential fish habitat identified under this ,act1 notify and consult with the ,secretary2 7,b7 with respect to an action that may adversely affect essential fish habitat1 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 minimize and mitigate the adverse effect2 and 7,c7 with respect to an action that may adversely affect a habitat area of particular concern1 in consultation with the ,secretary-- 7i7 monitor1 or require monitoring for1 such adverse effect for the period during which such adverse effect is likely to occur2 or 7ii7 take action to minimize and mitigate such adverse effect of the action on the habitat area of particular concern and the species with respect to which the habitat area of particular concern is designated4 7#c7 ,information to ,council ,the ,secretary shall inform each ,council that has authority over an affected fishery of any consultation carried out under this subsection1 including information regarding the proposed action and the 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 any activity authorized1 funded1 or undertaken1 or proposed to be authorized1 funded1 or undertaken1 by any ,federal or ,state agency that1 in the view of the ,council1 may affect the habitat1 including essential fish habitat1 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 any such activity that1 in the view of the ,council1 is likely to substantially affect the habitat1 including essential fish habitat1 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 determines based on information received from a ,council1 ,federal or ,state agency1 or other source that an action authorized1 funded1 or undertaken1 or proposed to be authorized1 funded1 or undertaken1 by a ,federal or ,state agency will adversely affect essential fish habitat identified under this ,act-- 7i7 the ,secretary shall recommend to such agency measures for such agency to take to avoid such adverse effects2 and 7ii7 to the extent such adverse effects cannot be avoided1 such agency shall minimize and mitigate such adverse effects4 7,b7 ,required response 7i7 ,in general ,the head of a ,federal agency that receives a recommendation from the ,secretary under subparagraph 7,a7 regarding measures for such agency to take to avoid the adverse effects of an action described in that subparagraph on essential fish habitat identified under this ,act shall1 not later than #cj days after the date on which such agency head receives such recommendation1 submit to the ,secretary and each ,council that comments under paragraph 7#c7 a detailed response in writing regarding such recommendation1 including-- 7,i7 a description of each measure such agency proposes to take to avoid the adverse effects2 7,,ii7 to the extent the adverse effects cannot be avoided1 a description of each measure such agency proposes to take to minimize and mitigate the adverse effects of the action on such essential fish habitat2 and 7,,iii7 if such response is inconsistent with such recommendation an explanation regarding-- 7aa7 how each measure described in subclause 7,i7 will avoid such adverse effects2 and 7bb7 to the extent such adverse effects cannot be avoided1 a description of each measure such agency proposes to take to minimize and mitigate such adverse effects4 7,c7 ,publication ,the ,secretary shall make available to the public-- 7i7 each recommendation made under subparagraph 7,a7 on the date on which such recommendation is made2 and 7ii7 each response made by an agency under subparagraph 7,b7 on the date on which such response is received by the ,secretary4 7,d7 ,monitoring ,the ,secretary shall monitor each measure taken by each ,federal agency to meet the requirements of this subsection4 7#e7 ,regulations ,the ,secretary shall issue regulations regarding the consultation process established under this subsection1 including-- 7,a7 ensuring that each recommendation made by the ,secretary under paragraph 7#d7 results in the avoidance of adverse effects on essential fish habitat and1 to the extent adverse effects cannot be avoided1 the minimization and mitigation of any such adverse effects2 7,b7 measures to streamline such consultation process with other environmental review processes2 and 7,c7 procedures to develop programmatic recommendations for measures that avoid1 minimize1 and mitigate adverse impacts of actions on essential fish habitat4 7#f7 ,required restrictions ,a ,federal agency may not enter into a lease1 easement1 right-of-way1 or sale of any area designated as essential fish habitat unless such agency attaches appropriate covenants or restrictions on the use of the area to require that parties avoid causing adverse effects to the relevant essential fish habitat4 7#g7 ,considerations for restoration projects ,in consulting with a ,federal agency under this section for projects that seek to restore and improve the long-term resilience of habitat1 particularly in estuarine environments heavily affected 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 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 rates1 provided that an annual catch limit and accountability measures are in place for the species and constrain catch in the fishery2 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 the enactment of the ,sustaining ,america's ,fisheries for the ,future ,act of #bjbe1 the ,secretary shall establish a national standardized reporting program 7referred to in this subsection as the program7-- 7,a7 to assess the amount and type of bycatch occurring in each fishery and across fisheries2 7,b7 to determine the contribution of bycatch to the total fishing-related mortality of each fishery2 and 7,c7 to evaluate the effects of bycatch on relevant fisheries and the ecosystem4 7#b7 ,methodology and standards ,the ,secretary shall1 in carrying out the program-- 7,a7 identify appropriate methodologies and standards to collect and produce statistically accurate and precise information regarding bycatch2 and 7,b7 require consistent data reporting1 collection1 and assessment for each fishery managed under a fishery management plan4 7#c7 ,multiple jurisdictions ,if a species is caught in areas under the jurisdiction of more than #a ,council or fishery management plan1 the ,secretary shall require consistent reporting mechanisms across each such jurisdiction to ensure that data with respect to such species 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 ,section #caf 7#af ,u4,s4,c4 #ahfe7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by inserting 7in this section referred to as the program7 after bycatch reduction program2 and 7,b7 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 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 2 and 7#b7 in subsection 7d7-- 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 each bycatch reduction technology and method developed1 tested1 or supported by the program1 and a summary of how each such technology and method have been implemented into fishery management1 or an explanation for why each such technology and method has 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 shall determine1 at any time based on the best scientific information available1 for each stock of fish within the geographic area of authority of each ,council 7or the ,secretary1 for stocks of fish managed under section #cjb7;a77#c771 whether each such stock of fish is-- 7i7 subject to overfishing2 7ii7 overfished2 or 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 of fish lacking criteria ,for stocks of fish that lack criteria as required under section #cjc7;a77#aj71 the ,secretary shall determine whether the stock of fish is subject to overfishing or overfished 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 the affected stock of fish2 or 7iii7 for a stock of fish that is approaching a condition of being overfished1 to end overfishing immediately and prevent the stock of fish from reaching a overfished condition4 7,c7 ,annual report ,the ,secretary shall annually submit to ,congress and each ,council a report regarding the status of each stock of fish1 including-- 7i7 a list of each determination made with respect to a stock of fish under paragraph 7#a7 during the preceding year2 7ii7 an identification of 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 current rebuilding plan of the stock of fish2 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 the use1 as appropriate1 of the term depleted to further describe an overfished stock of fish that has been significantly impacted by environmental factors in addition to 7or in the 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 a fishery 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 a condition of being overfished1 to end overfishing immediately and prevent the stock of fish from reaching such condition4 7#d7 ,rebuilding plan required ,for a stock of fish that is overfished1 any management document prepared pursuant to paragraph 7#c7 or 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 #a 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 date on which such deadline expires1 prepare such management document for the affected stock of fish under subsection 7c74 7#f7 ,interim measures 7,a7 ,in general ,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 7,b7 ,measures allowed ,interim measures described in subparagraph 7,a71 if otherwise in compliance with the provisions of this ,act1 may be implemented even if such measures are not sufficient to stop overfishing of a fishery4 7#g7 ,assessment of rebuilding plan 7,a7 ,secretarial review 7i7 ,in general ,the ,secretary shall review each management document relating to a stock of fish required by this subsection not less often than once every #b years to determine whether such management document has resulted in adequate progress toward rebuilding affected stocks of fish4 7ii7 ,lack of adequate progress ,in carrying out a review under clause 7i71 the ,secretary shall find a lack of adequate progress toward rebuilding an affected stock of fish if-- 7,i7 the status of the stock of fish is not improving sufficiently such that it becomes unlikely that the stock of fish will be rebuilt within the rebuilding time period2 7,,ii7 the applicable fishing mortality rate or annual catch limits are exceeded1 and the causes and rebuilding consequences of such exceedances have not been corrected2 7,,iii7 new scientific information demonstrates that assumptions regarding the biology of the stock of fish that formed the basis for the rebuilding plan1 such as the productivity of the stock of fish1 were fundamentally inaccurate1 and such inaccuracies render the current rebuilding plan unable to address the rebuilding needs of the stock of fish2 or 7,,iv7 for such other reasons as the ,secretary determines appropriate4 7,b7 ,finding of inadequate progress 7i7 ,in general ,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 stocks of fish1 the ,secretary shall-- 7,i7 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 the stock of fish by the deadline established under paragraph 7#d72 or 7,,ii7 for all other stocks of fish1 immediately notify the appropriate ,council1 which shall make revisions necessary to achieve adequate progress toward rebuilding the stock of fish by not later than the deadline established under paragraph 7#d74 7ii7 ,council inaction ,if a ,council fails to complete the action required under subclause 7,,ii7 by the date that is #i months after the date of the ,council receives a notification from the ,secretary under that subclause1 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 the stock of fish 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 for the stock of fish 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 7,a7 ,in general ,if a rebuilding time period established under paragraph 7#d7 expires and the relevant stock of fish has not been rebuilt1 or the ,secretary determines that an existing rebuilding plan for a stock of fish has failed under paragraph 7#g77;,c71 the ,council 7or ,secretary in the case of a stock of fish 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 7,b7 ,management measures in effect ,management measures intended to rebuild the stock of fish shall remain in effect during the preparation of a rebuilding plan under subparagraph 7,a74 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-- 7,i7 for accounting for all sources of mortality in establishing management measures2 7,,ii7 for the acceptable biological catch levels2 7,,iii7 for preventing overfishing2 7,,iv7 for maximum sustainable yield2 and 7,v7 for achieving rebuilding targets and promoting resilience of stocks of fish to climate change2 7ii7 objective and measurable criteria to determine whether a stock of fish is overfished or experiencing overfishing2 and 7iii7 reports regarding 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 stocks of fish1 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 stock of fish to which the plan applies is overfished or subject to overfishing 7with an analysis of how such criteria were determined and the relationship of such 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 fishery as required by section #cjb7;g77#a77;,b71 and1 in the case of a fishery which the ,council or the ,secretary has determined is approaching a condition of being overfished or is overfished1 contain conservation and management measures to prevent overfishing or end overfishing and rebuild the fishery2 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 may be construed to modify the requirements of section #cja7;a71 #cjb7;h77#f71 #cjc7;a77#ae71 or #cjd7;e7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahea7;a71 #aheb7;h77#f71 #ahec7;a77#ae71 or #ahed7;e771 or the equal application of such requirements and other standards and requirements under that ,act 7#ah ,u4,s4,c4 #ahja et seq47 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#ab71 respectively2 and 7#d7 by inserting after paragraph 7#g7 the following3 7#h7 approve1 for each of its managed stocks of fish1 objective and measurable criteria for identifying whether the stock of fish 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 fishing1 including-- 7,a7 quantitative and measurable targets and goals to increase 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 fishery management plans of such ,council as necessary and appropriate2 4 #ejh4 ,forage fish conservation 7a7 ,findings ,section #b7;a7 7#af ,u4,s4,c4 #ahja7;a77 is amended by adding at the end the following3 7#ag7 ,forage fish are generally small to intermediate-sized species1 occurring in schools or dense aggregations1 and function as a main pathway for energy to flow from phyto- and zooplankton to higher trophic level predators1 including tuna1 ,alaska pollock1 and other wildlife1 in marine ecosystems4 ,while most species function as prey of others at some life stage1 especially when small and young1 forage fish maintain this important trophic role throughout their life4 ,further1 fluctuations in their populations can result in significant changes in marine communities and ecosystems4 ,therefore1 particular attention to management of forage fish species1 and addressing their unique role in marine ecosystems1 is critical to maintaining ecosystem function and sustainable fisheries4 4 7b7 ,definitions 7#a7 ,secretary to define forage fish ,section #cje 7#af ,u4,s4,c4 #ahee7 is amended by adding at the end the following3 7n7 ,forage fish ,not later than #ab months after the date of the enactment of the ,sustaining ,america's ,fisheries for the ,future ,act of #bjbe1 the ,secretary1 with advice from the ,councils1 shall issue a definition of the term forage fish for the purposes of this ,act1 giving due consideration to definitions of forage fish included in approved fishery management plans4 ,in defining such term1 the ,secretary shall consider factors including whether a species covered by such definition1 throughout the lifecycle of such species-- 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 7#b7 ,definitions ,section #c 7#af ,u4,s4,c4 #ahjb7 is amended-- 7,a7 by redesignating the second paragraph 7#cc7 as paragraph 7#ec72 7,b7 by redesignating paragraphs 7#bh7 through 7#ej7 as paragraphs 7#cj7 through 7#eb71 respectively2 7,c7 by redesignating paragraphs 7#ai7 through 7#bg7 as paragraphs 7#bj7 through 7#bh71 respectively2 7,d7 by inserting after paragraph 7#ah7 the following3 7#ai7 ,the term forage fish-- 7,a7 has the meaning given the term by the ,secretary under section #cje7n72 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 ,secretary1 in coordination with the ,councils1 under section #cjd7;a71 means any species identified in such plan as a forage fish4 2 and 7,e7 by inserting after paragraph 7#bh71 as so redesignated by paragraph 7#c7 of this section1 the following3 7#bi7 ,the term low trophic level means a position in the marine food web in which the fish generally consume plankton4 4 7c7 ,scientific advice ,section #cjb7;g77#a77;,b7 7#af ,u4,s4,c4 #aheb7;g77#a77;,b77 is amended to read as follows3 7,b7 ,each scientific and statistical committee shall provide its ,council ongoing scientific advice for fishery management decisions1 including recommendations for-- 7i7 acceptable biological catch2 7ii7 preventing overfishing2 7iii7 maximum sustainable yield2 7iv7 achieving rebuilding targets2 7v7 maintaining a sufficient abundance1 diversity1 and localized distribution of forage fish populations to support their role in marine ecosystems2 and 7vi7 reports on stock status and health1 bycatch1 habitat status1 social and economic impacts of management measures1 and sustainability of fishing practices4 4 7d7 ,council functions 7#a7 ,research priorities ,section #cjb7;h77#g7 7#af ,u4,s4,c4 #aheb7;h77#g77 is amended1 in the matter preceding subparagraph 7,a71 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 amended-- 7,a7 in paragraph 7#aa71 as so redesignated by section #ejg of this ,act1 by striking and at the end2 7,b7 by redesignating paragraph 7#ab71 as so redesignated by section #ejg of this ,act1 as paragraph 7#ac72 and 7,c7 by inserting after paragraph 7#aa7 the following3 7#ab7 develop a list of unmanaged forage fish occurring in the area under its authority and recommend within fishery management plans the prohibition of the development of any new directed forage fish fishery until the ,council has-- 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 paragraphs 7#a7 and 7#b7 shall take effect #b years after the date of the enactment of this section4 7e7 ,contents of fishery management plans 7#a7 ,forage fish management ,section #cjc7;a7 7#af ,u4,s4,c4 #ahec7;a77 is amended-- 7,a7 in paragraph 7#af71 as added by section #ajb of this ,act1 by striking and at the end2 7,b7 in paragraph 7#ag71 as added by section #ajb of this ,act1 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#ah7 when setting annual catch limits for forage fish fisheries1 assess and specify 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 amendments made by paragraph 7#a7 shall take effect #e years after the date of the enactment of this section4 7f7 ,action by ,secretary ,section #cjd 7#af ,u4,s4,c4 #ahed7 is 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 the enactment of the ,sustaining ,america's ,fisheries for the ,future ,act of #bjbe1 the ,secretary1 in coordination with the ,councils1 shall establish by regulation guidelines to assist the ,councils in implementing sections #c7ai71 #cjb7;h77#i71 and #cjc7;a77#af74 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 4 7g7 ,river herring and shad 7#a7 ,definitions ,in this subsection-- 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 the enactment of this subsection1 the ,secretary 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 7#af ,u4,s4,c4 #aheb7;h77#a772 7,b7 initiate additional fishery management plan amendments to be completed in not more than #a 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 seq47 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 7#af ,u4,s4,c4 #ahec7;a77#aa771 reallocate existing resources to provide1 for not less than #ej percent of all relevant fishing trips1 not fewer than #a at-sea observer or an onboard electronic or video means of producing equivalent at-sea monitoring information1 for any vessel using mid-water trawl or paired mid-water trawl fishing gear in the ,atlantic herring and ,atlantic mackerel fisheries4 7h7 ,rule of construction ,nothing in this section may 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 7#af ,u4,s4,c4 #ahef72 or 7,b7 the ,atlantic ,coastal ,fisheries ,cooperative ,management ,act 7#af ,u4,s4,c4 #eaja 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 to enforce that ,plan and inserting to enforce and monitor 7including electronic monitoring7 implementation of such ,plan4 #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 of fish not managed pursuant to the ,atlantic ,tunas ,convention ,act of #aige 7#af ,u4,s4,c4 #iga et seq471 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 ,atlantic ,tunas ,convention 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 #d ,commissioners to serve as delegates of the ,united ,states to the ,commission as follows3 7,a7 #a ,commissioner shall be a ,federal employee who shall serve as ,chair4 7,b7 #c ,commissioners shall not be ,federal employees1 of whom-- 7i7 #a shall have knowledge and experience regarding commercial fishing in the ,atlantic ,ocean1 ,gulf of ,mexico1 or ,caribbean ,sea2 7ii7 #a shall have knowledge and experience regarding recreational fishing in the ,atlantic ,ocean1 ,gulf of ,mexico1 or ,caribbean ,sea2 and 7iii7 #a shall have knowledge and experience in marine conservation and shall represent the public interest in marine conservation and nonconsumptive 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 #c years4 7,b7 ,consecutive terms ,no individual appointed under paragraph 7#a7 shall serve more than #b consecutive terms as ,commissioner4 7,c7 ,pleasure of ,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 #b ,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 the ,atlantic ,tunas ,convention ,act of #aige 7#af ,u4,s4,c4 #iga;d7c77#c77 is amended by striking or decreasing4 #fjb4 ,conservation ,commissioner of ,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 ,representation ,the ,united ,states shall be represented on the ,commission by #e ,united ,states ,commissioners4 7#b7 ,appointment 7,a7 ,in general ,the ,president shall appoint individuals to serve on the ,commission4 7,b7 ,qualifications of ,commissioners ,in making appointments under this paragraph1 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-- 7i7 #a of whom shall be an officer or employee of the ,department of ,commerce2 7ii7 #a of whom shall be the chairman or a member of the ,western ,pacific ,fishery ,management ,council2 7iii7 #a of whom shall be the chairman or a member of the ,pacific ,fishery ,management ,council2 and 7iv7 #a 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#c7 ,pleasure of ,president ,each individual appointed by the ,president to serve on the ,commission shall serve at the pleasure of the ,president4 7#d7 ,rules of procedure ,the ,commissioners shall be entitled to adopt such rules of procedure as they find necessary and to select a chairman from among members who are officers or employees of the ,united ,states ,government4 4 #fjc4 ,conservation ,commissioner of ,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 #d 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 #a of whom shall be an officer or employee of the ,department of ,commerce2 and 7,b7 #a of whom shall be an individual with knowledge and experience in marine conservation1 and who shall represent the public interest in marine conservation and nonconsumptive uses of the eastern tropical ,pacific ,ocean4 7#d7 ,limitation on appointments ,the ,president may not appoint more than #b ,commissioners under paragraph 7#a7 who reside in a ,state other than a ,state the vessels of which 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 #bjbf1 #fih1adb1jjj4 7#b7 ,for fiscal year #bjbg1 #gad1bjj1jjj4 7#c7 ,for fiscal year #bjbh1 #gcj1fbf1jjj4 7#d7 ,for fiscal year #bjbi1 #gdg1dca1jjj4 7#e7 ,for fiscal year #bjcj1 #gfd1fba1jjj4