[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2023 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 2023

            To modernize recreational fisheries management.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 6, 2017

  Mr. Graves of Louisiana (for himself, Mr. Gene Green of Texas, Mr. 
  Wittman, and Mr. Webster of Florida) introduced the following bill; 
        which was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
            To modernize recreational fisheries management.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Modernizing 
Recreational Fisheries Management Act of 2017''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References to the Magnuson-Stevens Fishery Conservation and 
                            Management Act.
Sec. 3. Findings.
                  TITLE I--CONSERVATION AND MANAGEMENT

Sec. 101. Process for allocation review for South Atlantic and Gulf of 
                            Mexico mixed-use fisheries.
Sec. 102. Alternative fishery management.
Sec. 103. Moratorium on limited access privilege programs for mixed-use 
                            fisheries.
Sec. 104. Rebuilding overfished and depleted fisheries.
Sec. 105. Modifications to the annual catch limit requirement.
Sec. 106. Exempted fishing permits.
  TITLE II--RECREATION FISHERY INFORMATION, RESEARCH, AND DEVELOPMENT

Sec. 201. Cooperative data collection.
Sec. 202. Recreational data collection.

SEC. 2. REFERENCES TO THE MAGNUSON-STEVENS FISHERY CONSERVATION AND 
              MANAGEMENT ACT.

    Except as otherwise expressly provided, wherever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.).

SEC. 3. FINDINGS.

    (a) Recreational Fishing.--Section 2(a) (16 U.S.C. 1801(a)) is 
amended by adding at the end the following:
            ``(13) While both provide significant cultural and economic 
        benefits to the Nation, recreational fishing and commercial 
        fishing are fundamentally different activities, therefore 
        requiring management approaches adapted to the characteristics 
        of each sector.''.
    (b) Technical Correction.--Section 2(a)(3) (16 U.S.C. 1801(a)(3)) 
is amended to read as follows:
            ``(3) Commercial and recreational fishing constitute major 
        sources of employment and contributes significantly to the 
        economy of the Nation. Many coastal areas are dependent upon 
        fishing and related activities.''.

                  TITLE I--CONSERVATION AND MANAGEMENT

SEC. 101. PROCESS FOR ALLOCATION REVIEW FOR SOUTH ATLANTIC AND GULF OF 
              MEXICO MIXED-USE FISHERIES.

    (a) Study of Allocations in Mixed-Use Fisheries.--Not later than 60 
days after the date of enactment of this Act, the Secretary of Commerce 
shall enter into an arrangement with the National Academy of Sciences 
to conduct a study of the South Atlantic and Gulf of Mexico mixed-use 
fisheries--
            (1) to provide guidance to the South Atlantic Fishery 
        Management Council and Gulf of Mexico Fishery Management 
        Council on criteria that could be used for allocating fishing 
        privileges, including consideration of the conservation and 
        socioeconomic benefits of the commercial, recreational, and 
        charter components of a fishery, to a Regional Fishery 
        Management Council established under section 302 of the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1852) in the preparation of a fishery management plan 
        under that Act;
            (2) to identify sources of information that could 
        reasonably support the use of such criteria in allocation 
        decisions; and
            (3) to develop procedures for allocation reviews and 
        potential adjustments in allocations based on the guidelines 
        and requirements established by this section.
    (b) Report.--Pursuant to subsection (a), not later than 1 year 
after the date an arrangement is entered into, the National Academy of 
Sciences shall submit a report on the study to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Natural Resources of the House of Representatives.
    (c) Process for Allocation Review and Establishment.--The Gulf of 
Mexico Fishery Management Council and South Atlantic Fishery Management 
Council shall--
            (1) notwithstanding the report required pursuant to this 
        section, and any other provision of law, shall each--
                    (A) within 2 years after the date of enactment of 
                this Act, perform an initial review of the allocations 
                to the commercial fishing sector and the recreational 
                fishing sector of all applicable fisheries in the 
                Councils' respective jurisdictions; and
                    (B) every 3 years thereafter, perform a review of 
                such allocations; and
            (2) consider the conservation and socioeconomic benefits of 
        each of the commercial fishing sector and the recreational 
        fishing sector in any allocation decisions.

SEC. 102. ALTERNATIVE FISHERY MANAGEMENT.

    (a) Repeal.--Section 407(d) (16 U.S.C. 1883), and the corresponding 
reference in the table of contents, are repealed.
    (b) Management.--Section 302(h) (16 U.S.C. 1852(h)) is amended by 
striking ``and'' after the semicolon at the end of paragraph (7), by 
redesignating paragraph (8) as paragraph (9), and by inserting the 
following after paragraph (7):
            ``(8) have the authority to use alternative fishery 
        management measures in a recreational fishery (or the 
        recreational component of a mixed-use fishery) in developing a 
        fishery management plan, plan amendment, or proposed 
        regulations, which may include extraction rates, fishing 
        mortality targets, harvest control rules, or traditional or 
        cultural practices of native communities; and''.
    (c) Summary.--Within 180 days after the date of the enactment of 
this Act, the Secretary of Commerce shall transmit a summary to 
Congress that describes actions to implement this subsection.

SEC. 103. MORATORIUM ON LIMITED ACCESS PRIVILEGE PROGRAMS FOR MIXED-USE 
              FISHERIES.

    For areas under the jurisdiction of the Gulf of Mexico Fishery 
Management Council or the South Atlantic Fishery Management Council, 
there shall be a moratorium on the development or consideration of any 
new limited access privilege program for any mixed-use fisheries 
consisting of both commercial and recreational fishing sectors.

SEC. 104. REBUILDING OVERFISHED AND DEPLETED FISHERIES.

    Section 304(e)(4)(A) (16 U.S.C. 1854(e)(4)(A)) is amended to read 
as follows:
                    ``(A) specify a time period for rebuilding the 
                fishery that--
                            ``(i) shall be as short as practicable, 
                        taking into account the status and biology of 
                        any overfished stock of fish, the needs of 
                        fishing communities, recommendations by 
                        international organizations in which the United 
                        States participates, and the interaction of the 
                        overfished stock of fish within the marine 
                        ecosystem; and
                            ``(ii) except where management measures 
                        under an international agreement in which the 
                        United States participates dictate otherwise, 
                        shall not exceed--
                                    ``(I) 10 years, except in cases 
                                where the biology of the stock of fish 
                                or other environmental conditions 
                                dictate otherwise; or
                                    ``(II) the sum of the time in which 
                                the affected stock of fish is expected 
                                to surpass its maximum sustainable 
                                yield biomass level in the absence of 
                                fishing mortality, and the mean 
                                generation of time of the affected 
                                stock of fish.''.

SEC. 105. MODIFICATIONS TO THE ANNUAL CATCH LIMIT REQUIREMENT.

    Section 302 (16 U.S.C. 1852) is amended by adding at the end the 
following:
    ``(m) Considerations for Modifications to Annual Catch Limit 
Requirements.--
            ``(1) Consideration of ecosystem and economic impacts.--In 
        establishing annual catch limits a Council may, consistent with 
        subsection (h)(6), consider changes in an ecosystem and the 
        economic needs of fishing communities.
            ``(2) Limitations to annual catch limit requirement for 
        special fisheries.--Notwithstanding subsection (h)(6), a 
        Council is not required to develop an annual catch limit for--
                    ``(A) an ecosystem-component species;
                    ``(B) a fishery for a species that has a life cycle 
                of approximately 1 year, unless the Secretary has 
                determined the fishery is subject to overfishing;
                    ``(C) a stock of fish for which--
                            ``(i) fishing mortality is below the 
                        fishing mortality target; and
                            ``(ii) a peer-reviewed stock survey and 
                        stock assessment have not been performed during 
                        the preceding 5-year period;
                    ``(D) the Secretary determines that overfishing is 
                not occurring; or
                    ``(E) for a sector of a fishery that is not 
                monitored by a data collection system determined by the 
                Secretary to be adequate for the development, 
                implementation, and enforcement of annual catch limits 
                specific to that sector, based on the evaluation 
                recommended by the National Academy of Sciences in its 
                report entitled `Review of the Marine Recreational 
                Information Program (2017)' of whether the design of a 
                Marine Recreational Information Program for the 
                purposes of stock assessment and the determination of 
                stock management reference points is compatible with 
                the needs of in-season management of annual catch 
                limits.
            ``(3) Authorization for multispecies complexes and 
        multiyear annual catch limits.--For purposes of subsection 
        (h)(6), a Council may establish--
                    ``(A) an annual catch limit for a stock complex; or
                    ``(B) annual catch limits for each year in any 
                continuous period that is not more than three years in 
                duration.
            ``(4) Ecosystem-component species defined.--In this 
        subsection the term `ecosystem-component species' means--
                    ``(A) a stock of fish that is a non-target, 
                incidentally harvested stock of fish in a fishery; or
                    ``(B) a nontarget, incidentally harvested stock of 
                fish that a Council or the Secretary has determined--
                            ``(i) is not subject to overfishing, 
                        approaching a depleted condition, or depleted; 
                        and
                            ``(ii) is not likely to become subject to 
                        overfishing or depleted in the absence of 
                        conservation and management measures.''.

SEC. 106. EXEMPTED FISHING PERMITS.

    (a) In General.--Before the approval and issuance of any new 
exempted fishing permit under section 600.745 of title 50, Code of 
Federal Regulations, or any successor regulations, the Secretary of 
Commerce shall--
            (1) conduct a joint peer review of the proposed exempted 
        fishing permit by the appropriate regional fisheries science 
        center and State marine fisheries commission; and
            (2) certify that the regional fishery management council or 
        Federal agency with jurisdiction over the affected fishery 
        determined that--
                    (A) the fishing activity conducted under the 
                proposed exempted fishing permit would be consistent 
                with any management measures or conservation objectives 
                included within existing fishery management plans or 
                amendments;
                    (B) the social and economic impacts in both dollar 
                amounts and loss of fishing opportunities on all 
                participants in each sector of the fishery expected to 
                occur as a result of the proposed exempted fishing 
                permit would be minimal;
                    (C) the information collected through fishing 
                activity conducted under the proposed exempted fishing 
                permit will have a positive and direct impact on the 
                conservation, assessment, or management of the fishery; 
                and
                    (D) the Governor of each State, any part of which 
                is located within 100 nautical miles of the proposed 
                activity under the exempted fishing permit has been 
                consulted on the proposed exempted fishing permit.
    (b) Duration and Renewal.--Any exempted fishing permit--
            (1) shall expire at the end of the 12-month period 
        beginning on the date the permit is issued; and
            (2) may be renewed consistent with this section.

  TITLE II--RECREATION FISHERY INFORMATION, RESEARCH, AND DEVELOPMENT

SEC. 201. COOPERATIVE DATA COLLECTION.

    (a) Improving Data Collection and Analysis.--Section 404 (16 U.S.C. 
1881c) is amended by adding at the end the following:
    ``(e) Improving Data Collection and Analysis.--
            ``(1) In general.--The Secretary, in consultation with the 
        science and statistical committees of the Councils established 
        under section 302(g) and the Marine Fisheries Commissions, 
        shall develop and submit to the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on Natural 
        Resources of the House of Representatives by not later than 1 
        year after the date of the enactment of the Modernizing 
        Recreational Fisheries Management Act of 2017 a report on 
        facilitating greater incorporation of data, analysis, stock 
        assessments, and surveys from State agencies and 
        nongovernmental sources described in paragraph (2) into 
        fisheries management decisions.
            ``(2) Nongovernmental sources.--Nongovernmental sources 
        referred to in paragraph (1) are the following:
                    ``(A) Fishermen.
                    ``(B) Fishing communities.
                    ``(C) Universities.
                    ``(D) Research institutions.
            ``(3) Content.--The report under paragraph (1) shall--
                    ``(A) identify types of data and analysis, 
                especially concerning recreational fishing, that can be 
                reliably used for purposes of this Act and the basis 
                for establishing conservation and management measures 
                as required by section 303(a)(1), including setting 
                standards for the collection and use of that data and 
                analysis in stock assessments and surveys and for other 
                purposes;
                    ``(B) provide specific recommendations for 
                collecting data and performing analyses identified as 
                necessary to reduce uncertainty in and improve the 
                accuracy of future stock assessments, including whether 
                such data and analysis could be provided by 
                nongovernmental sources, including fishermen, fishing 
                communities, universities, and research institutions;
                    ``(C) consider the extent to which it is possible 
                to establish a registry of persons providing such 
                information; and
                    ``(D) consider the extent to which the acceptance 
                and use of data and analyses identified in the report 
                in fishery management decisions is practicable.''.
    (b) NAS Report Recommendations.--The Secretary of Commerce shall 
take into consideration and, to the extent feasible, implement the 
recommendations of the National Academy of Sciences in its report 
entitled ``Review of the Marine Recreational Information Program 
(2017)'', including--
            (1) prioritizing the evaluation of electronic data 
        collection for the Fishing Effort Survey, including smartphone 
        apps, electronic diaries for prospective data collection, and 
        an Internet website option for all or just panel members; and
            (2) evaluating whether the design of the Marine 
        Recreational Information Program for the purposes of stock 
        assessment and the determination of stock management reference 
        points is compatible with the needs of in-season management of 
        annual catch limits and, if such program is incompatible with 
        such needs, determining an alternative method for in-season 
        management.

SEC. 202. RECREATIONAL DATA COLLECTION.

    (a) Federal-State Partnerships.--Section 401(g) (16 U.S.C. 1881(g)) 
is amended by redesignating paragraph (4) as paragraph (5), and by 
inserting after paragraph (3) the following:
            ``(4) Federal-state partnerships.--
                    ``(A) Establishment.--The Secretary shall establish 
                partnerships with States to develop best practices for 
                implementation of State programs established pursuant 
                to paragraph (2).
                    ``(B) Guidance.--The Secretary shall develop 
                guidance, in cooperation with the States, that details 
                best practices for administering State programs 
                pursuant to paragraph (2), and provide such guidance to 
                the States.
                    ``(C) Biennial report.--The Secretary shall submit 
                to the Congress and publish biennial reports that 
                include--
                            ``(i) the estimated accuracy of the 
                        registry program established under paragraph 
                        (1) and of State programs that are exempted 
                        under paragraph (2);
                            ``(ii) priorities for improving 
                        recreational fishing data collection; and
                            ``(iii) an explanation of any use of 
                        information collected by such State programs 
                        and by the Secretary, including a description 
                        of any consideration given to the information 
                        by the Secretary.
                    ``(D) States grant program.--The Secretary shall 
                make grants to States to improve implementation of 
                State programs consistent with this subsection. The 
                Secretary shall prioritize such grants based on the 
                ability of the grant to improve the quality and 
                accuracy of such programs.
                    ``(E) Funding.--A portion of the funds appropriated 
                to the Marine Recreational Information Program shall be 
                provided for implementation of this section.''.
    (b) Action by Secretary.--The Secretary of Commerce shall--
            (1) within 90 days after the date of enactment of this Act, 
        enter into an agreement with the National Academy of Sciences 
        to evaluate, in the form of a report, whether the design of the 
        Marine Recreational Information Program, for the purposes of 
        stock assessment and the determination of stock management 
        reference points, is compatible with the needs of in-season 
        management of annual catch limits under section 303(a)(15) of 
        the Magnuson-Stevens Fishery Conservation and Management Act 
        (16 U.S.C. 1853(a)(1)), including whether in-season management 
        of annual catch limits is appropriate for all recreational 
        fisheries; and
            (2) within 6 months after receiving the report under 
        paragraph (1), submit to Congress recommendations of changes to 
        be made to the Marine Recreational Information Program to make 
        the program compatible with in-season management of annual 
        catch limits and other requirements under such section for 
        those recreational fisheries for which in-season management of 
        annual catch limits is appropriate.
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