[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1520 Engrossed in Senate (ES)]

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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.