[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1520 Engrossed in Senate (ES)]
<DOC>
115th CONGRESS
2d Session
S. 1520
_______________________________________________________________________
AN ACT
To expand recreational fishing opportunities through enhanced marine
fishery conservation and management, and for other purposes.
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; REFERENCES.
(a) Short Title.--This Act may be cited as the ``Modernizing
Recreational Fisheries Management Act of 2018''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents; references.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--CONSERVATION AND MANAGEMENT
Sec. 101. Process for allocation review for South Atlantic and Gulf of
Mexico mixed-use fisheries.
Sec. 102. Fishery management measures.
Sec. 103. Study of limited access privilege programs for mixed-use
fisheries.
TITLE II--RECREATION FISHERY INFORMATION, RESEARCH, AND DEVELOPMENT
Sec. 201. Cooperative data collection.
Sec. 202. Recreational data collection.
TITLE III--RULE OF CONSTRUCTION
Sec. 301. Rule of construction.
(c) 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. 2. FINDINGS.
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 different activities. Therefore, science-based
conservation and management approaches should be adapted to the
characteristics of each sector.''.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Council.--The term ``Council'' means any Regional
Fishery Management Council established under section 302 of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1852).
(3) Limited access privilege program.--The term ``limited
access privilege program'' means a program that meets the
requirements of section 303A of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1853a).
(4) Mixed-use fishery.--The term ``mixed-use fishery''
means a Federal fishery in which 2 or more of the following
occur:
(A) Recreational fishing.
(B) Charter fishing.
(C) Commercial fishing.
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 1
year after the date of enactment of this Act, the Comptroller General
of the United States shall conduct a study and submit to the
appropriate committees of Congress a report on mixed-use fisheries in
each applicable Council's jurisdiction, which shall include--
(1) recommendations on criteria that could be used by such
Councils for allocating or reallocating fishing privileges in
the preparation of a fishery management plan or plan amendment,
including consideration of the ecological, conservation,
economic, and social factors of each component of a mixed-use
fishery;
(2) identification of the sources of information that could
reasonably support the use of such criteria in allocation
decisions;
(3) an assessment of the budgetary requirements for
performing periodic allocation reviews for each applicable
Council; and
(4) developing recommendations of procedures for allocation
reviews and potential adjustments in allocation.
(b) Consultation With Stakeholders.--The Comptroller General of the
United States shall consult with the National Oceanic and Atmospheric
Administration, the applicable Councils, the Science and Statistical
Committees of such Councils, the applicable State fisheries management
commissions, the recreational fishing sector, the commercial fishing
sector, the charter fishing sector, and other stakeholders, to the
extent practicable, in conducting the study required under subsection
(a).
(c) Definition of Applicable Council.--In this section, the term
``applicable Council'' means--
(1) the South Atlantic Fishery Management Council; or
(2) the Gulf of Mexico Fishery Management Council.
SEC. 102. FISHERY MANAGEMENT MEASURES.
(a) Management.--Section 302(h) (16 U.S.C. 1852(h)) is amended--
(1) in paragraph (7)(C), by striking ``; and'' and
inserting a semicolon;
(2) by redesignating paragraph (8) as paragraph (9); and
(3) by inserting after paragraph (7) the following:
``(8) in addition to complying with the standards and
requirements under paragraph (6), sections 301(a), 303(a)(15),
and 304(e), and other applicable provisions of this Act, have
the authority to use 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, such as extraction rates,
fishing mortality targets, harvest control rules, or
traditional or cultural practices of native communities in such
fishery or fishery component; and''.
(b) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Commerce shall submit to the appropriate
committees of Congress a report that describes any actions pursuant to
paragraph (8) of section 302(h) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852(h)), as added by
subsection (a).
(c) Other Fisheries.--Nothing in paragraph (8) of section 302(h) of
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1852(h)), as added by subsection (a), shall be construed to affect
management of any fishery not described in such paragraph (8).
SEC. 103. STUDY OF LIMITED ACCESS PRIVILEGE PROGRAMS FOR MIXED-USE
FISHERIES.
(a) Study on Limited Access Privilege Programs.--Not later than 2
years after the date of enactment of this Act, the Ocean Studies Board
of the National Academies of Sciences, Engineering, and Medicine
shall--
(1) complete a study on the use of limited access privilege
programs in mixed-use fisheries, including--
(A) an assessment of progress in meeting the goals
of the program and this Act;
(B) an assessment of the social, economic, and
ecological effects of the program, considering each
sector of a mixed-use fishery and related businesses,
coastal communities, and the environment;
(C) an assessment of any impacts to stakeholders in
a mixed-use fishery caused by a limited access
privilege program;
(D) recommendations of policies to address any
impacts identified under subparagraph (C);
(E) identification of and recommendation of the
different factors and information that should be
considered when designing, establishing, or maintaining
a limited access privilege program in a mixed-use
fishery to mitigate any impacts identified in
subparagraph (C), to the extent practicable; and
(F) a review of best practices and challenges faced
in the design and implementation of limited access
privilege programs under the jurisdiction of each of
the 8 Regional Fishery Management Councils; and
(2) submit to the appropriate committees of Congress a
report on the study under paragraph (1), including the
recommendations under subparagraphs (D) and (E) of paragraph
(1).
(b) Exclusion.--Except as provided in subsection (a)(1)(F), the
study described in this section shall not include the areas covered by
the Pacific Fishery Management Council and the North Pacific Fishery
Management Council.
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.--Not later than 1 year after the date of
enactment of the Modernizing Recreational Fisheries Management
Act of 2017, the Secretary shall develop, in consultation with
the science and statistical committees of the Councils
established under section 302(g) and the Marine Fisheries
Commissions, and submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Natural
Resources of the House of Representatives a report on
facilitating greater incorporation of data, analysis, stock
assessments, and surveys from State agencies and
nongovernmental sources described in paragraph (2), to the
extent such information is consistent with section 301(a)(2),
into fisheries management decisions.
``(2) Content.--In developing the report under paragraph
(1), the Secretary shall--
``(A) identify types of data and analysis,
especially concerning recreational fishing, that can be
used for purposes of this Act as 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; and
``(C) consider the extent to which the acceptance
and use of data and analyses identified in the report
in fishery management decisions is practicable and
compatible with the requirements of section
301(a)(2).''.
(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 the report
entitled ``Review of the Marine Recreational Information Program
(2017)'', and shall submit, every 2 years following the date of
enactment of this Act, a report to the appropriate committees of
Congress detailing progress made implementing those recommendations.
Recommendations considered shall include--
(1) prioritizing the evaluation of electronic data
collection, including smartphone applications, electronic
diaries for prospective data collection, and an internet
website option for panel members or for the public;
(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
(3) if the Marine Recreational Information Program is
incompatible with the needs of in-season management of annual
catch limits, determining an alternative method for in-season
management.
SEC. 202. RECREATIONAL DATA COLLECTION.
Section 401 (16 U.S.C. 1881) is amended--
(1) in subsection (g)--
(A) by redesignating paragraph (4) as paragraph
(5); and
(B) by inserting after paragraph (3) the following:
``(4) Federal-state partnerships.--
``(A) Establishment.--The Secretary shall establish
a partnership with a State to develop best practices
for implementing the State program established under
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 appropriate committees of Congress and publish
biennial reports that include--
``(i) the estimated accuracy of--
``(I) the information provided
under subparagraphs (A) and (B) of
paragraph (1) for each registry program
established under that paragraph; and
``(II) the information from each
State program that is used to assist in
completing surveys or evaluating
effects of conservation and management
measures 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.
``(D) States grant program.--
``(i) In general.--The Secretary may make
grants to States to--
``(I) improve implementation of
State programs consistent with this
subsection; and
``(II) assist such programs in
complying with requirements related to
changes in recreational data collection
under paragraph (3).
``(ii) Use of funds.--Any funds awarded
through such grants shall be used to support
data collection, quality assurance, and
outreach to entities submitting such data. The
Secretary shall prioritize such grants based on
the ability of the grant to improve the quality
and accuracy of such programs.''; and
(2) by adding at the end the following:
``(h) Action by Secretary.--The Secretary shall--
``(1) within 90 days after the date of the enactment of the
Modernizing Recreational Fisheries Management Act of 2018,
enter into an agreement with the National Academy of Sciences
to evaluate, in the form of a report--
``(A) how the design of the Marine Recreational
Information Program, for the purposes of stock
assessment and the determination of stock management
reference points, can be improved to better meet the
needs of in-season management of annual catch limits
under section 303(a)(15); and
``(B) what actions the Secretary, Councils, and
States could take to improve the accuracy and
timeliness of data collection and analysis to improve
the Marine Recreational Information Program and
facilitate in-season management; and
``(2) within 6 months after receiving the report under
paragraph (1), submit to Congress recommendations regarding--
``(A) changes to be made to the Marine Recreational
Information Program to make the program better meet the
needs of in-season management of annual catch limits
and other requirements under such section; and
``(B) alternative management approaches that could
be applied to recreational fisheries for which the
Marine Recreational Information Program is not meeting
the needs of in-season management of annual catch
limits, consistent with other requirements of this Act,
until such time as the changes in subparagraph (A) are
implemented.''.
TITLE III--RULE OF CONSTRUCTION
SEC. 301. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed as modifying the
requirements of sections 301(a), 302(h)(6), 303(a)(15), or 304(e) of
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1851(a), 1852(h)(6), 1853(a)(15), and 1854(e)), or the equal
application of such requirements and other standards and requirements
under the Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.) to commercial, charter, and recreational
fisheries, including each component of mixed-use fisheries.
Passed the Senate December 17, 2018.
Attest:
Secretary.
115th CONGRESS
2d Session
S. 1520
_______________________________________________________________________
AN ACT
To expand recreational fishing opportunities through enhanced marine
fishery conservation and management, and for other purposes.