[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1520 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
1st Session
S. 1520
To expand recreational fishing opportunities through enhanced marine
fishery conservation and management, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 10, 2017
Mr. Wicker (for himself, Mr. Nelson, Mr. Blunt, Mr. Schatz, Mr.
Manchin, and Mr. Kennedy) introduced the following bill; which was read
twice and referred to the Committee on Commerce, Science, and
Transportation
_______________________________________________________________________
A BILL
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 2017''.
(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. Alternative fishery management.
Sec. 103. Study of limited access privilege programs for mixed-use
fisheries.
Sec. 104. Rebuilding overfished 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.
(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.
(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 contribute significantly to the
economy of the Nation. Many coastal areas are dependent upon
fishing and related activities.''.
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-used fishery''
means a Federal fishery in which two 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 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 South Atlantic and Gulf of Mexico mixed-use
fisheries--
(1) to provide guidance to each applicable 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, in the preparation of a fishery
management plan;
(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.
(b) Report.--Not later than 1 year after the date an arrangement is
entered into under subsection (a), the National Academy of Sciences
shall submit to the appropriate committees of Congress a report on the
study conducted under that subsection.
(c) Process for Allocation Review and Establishment.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and every 5 years thereafter, an
applicable Council shall perform a review of the allocations to
the commercial fishing sector and the recreational fishing
sector of all applicable fisheries in its jurisdiction.
(2) Considerations.--In conducting a review under paragraph
(1), an applicable Council shall consider, in each allocation
decision, the conservation and socioeconomic benefits of--
(A) the commercial fishing sector; and
(B) the recreational fishing sector.
(d) 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. ALTERNATIVE FISHERY MANAGEMENT.
(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) 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, including extraction rates, fishing mortality
targets, harvest control rules, or traditional or cultural
practices of native communities; 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 summarizing the alternative fishery
management measures each mixed-use fishery plans to implement under
section 302(h)(8) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1852(h)(8)), as amended.
SEC. 103. STUDY OF LIMITED ACCESS PRIVILEGE PROGRAMS FOR MIXED-USE
FISHERIES.
(a) Study on Limited Access Privilege Programs.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Ocean Studies Board of the National
Academies of Sciences, Engineering, and Medicine shall--
(A) study the use of limited access privilege
programs in mixed-use fisheries, including--
(i) identifying any inequities caused by a
limited access privilege program;
(ii) recommending policies to address the
inequities identified in clause (i), such as--
(I) referenda that cover all
participants and sectors in the fishery
before establishment, not just the
commercial sector participants;
(II) auctions or lotteries for
quota assignment in lieu of free quota
transfers;
(III) limited duration of access
privileges with periodic auction to
assign quota ownership;
(IV) mandatory sector allocation
analyses prior to quota assignment; and
(V) compensated reallocation plans
to allow allocations to shift as demand
and demographics shift; and
(iii) identifying and recommending the
different factors and information a mixed-use
fishery should consider when designing,
establishing, or maintaining a limited access
privilege program to mitigate any inequities
identified in clause (i); and
(B) submit to the appropriate committees of
Congress a report on the study under subparagraph (A),
including the recommendations under clauses (ii) and
(iii) of subparagraph (A).
(2) Considerations.--In conducting the study under
paragraph (1), the Ocean Studies Board shall consider, at a
minimum--
(A) the community impacts of assignment of quota to
only one sector;
(B) the disenfranchisement in the management
process of a sector not assigned quota; and
(C) the loss of public resource rent.
(b) Temporary Moratorium.--
(1) In general.--Except as provided in paragraph (2), there
shall be a moratorium on the submission and approval of a
limited access privilege program for a mixed-used fishery until
the date that the report is submitted under subsection
(a)(1)(B).
(2) Exception.--Subject to paragraph (3), a Council may
submit, and the Secretary of Commerce may approve, for a mixed-
use fishery that is managed under a limited access system, a
limited access privilege program if such program was part of a
pending fishery management plan or plan amendment before the
date of enactment of this Act.
(3) Mandatory review.--A Council that approves a limited
access privilege program under paragraph (2) shall, upon
issuance of the report required under subparagraph (a), review
and, to the extent practicable, revise the limited access
privilege program to be consistent with the recommendations of
the report or any subsequent statutory or regulatory
requirements designed to implement the recommendations of the
report.
(4) Rule of construction.--Nothing in this section may be
construed to affect a limited access privilege program approved
by the Secretary of Commerce before the date of enactment of
this Act.
SEC. 104. REBUILDING OVERFISHED 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 possible, 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; 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.
(a) Regional Fishery Management Councils.--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) Annual catch limit requirement for certain data-poor
fisheries.--Notwithstanding subsection (h)(6), in the case of a
stock of fish for which the total annual catch limit is 25
percent or more below the overfishing limit, a peer-reviewed
stock survey and stock assessment have not been performed
during the preceding 5 fishing years, and the stock is not
subject to overfishing, a Council may, after notifying the
Secretary, maintain the current annual catch limit for the
stock until a peer-reviewed stock survey and stock assessment
are conducted and the results can be considered by the Council
and its scientific and statistical committee.
``(2) 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 3 years in
duration.
``(3) Rule of construction.--Nothing in this subsection
shall be construed as providing an exemption from the
requirements of section 301(a) of this Act.''.
(b) Action by the Secretary.--Section 304 (16 U.S.C. 1854) is
amended--
(1) by striking ``(i) International Overfishing.--'' and
inserting ``(j) International Overfishing.--'';
(2) in subsection (j)(1), as redesignated, by inserting
``shall'' before ``immediately''; and
(3) by adding at the end the following:
``(k) Stock Surveys and Assessments.--Not later than 2 years after
the date that the Secretary receives notice from a Council under
section 302(m), the Secretary shall complete a peer-reviewed stock
survey and stock assessment of the applicable stock of fish and
transmit the results of the survey and assessment to the Council.''.
SEC. 106. EXEMPTED FISHING PERMITS.
(a) In General.--Before the approval and issuance of an exempted
fishing permit under section 600.745 of title 50, Code of Federal
Regulations, or any successor regulation, the Secretary of Commerce
shall--
(1) direct a joint peer review of the application for the
exempted fishing permit by the appropriate regional fisheries
science center and State marine fisheries commission; and
(2) certify that the Council or Federal agency with
jurisdiction over the affected fishery has determined that--
(A) the fishing activity to be conducted under the
proposed exempted fishing permit would not negatively
impact any management measures or conservation
objectives included within existing fishery management
plans or plan 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 that would be collected through
the fishing activity to be 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 coastal State potentially
impacted by the proposed exempted fishing permit, as
determined by the Secretary, has been consulted on the
fishing activity to be conducted.
(b) Duration and Renewal.--Beginning on the date of enactment of
this Act, each exempted fishing permit issued under section 600.745 of
title 50, Code of Federal Regulations, or any successor regulation--
(1) shall expire at the end of the 12-month period
beginning on the date the exempted fishing permit is issued;
and
(2) may be renewed in accordance with this section.
(c) Savings Provision.--Except for subsection (b)(2), nothing in
this section may be construed to affect an exempted fishing permit
approved under section 600.745 of title 50, Code of Federal
Regulations, before the date of enactment of this Act.
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) into
fisheries management decisions.
``(2) Nongovernmental sources.--Nongovernmental sources
referred to in paragraph (1) include the following:
``(A) Fishermen.
``(B) Fishing communities.
``(C) Universities.
``(D) Research and philanthropic institutions.
``(3) 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
reliably 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, including fishermen, fishing
communities, universities, and research institutions;
``(C) consider the extent to which it is possible
to establish a registry of persons collecting or
submitting the data and performing the analyses
identified under subparagraphs (A) and (B); 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 the report
entitled ``Review of the Marine Recreational Information Program
(2017)'', including--
(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.
(a) Federal-State Partnerships.--Section 401(g) (16 U.S.C. 1881(g))
is amended--
(1) by redesignating paragraph (4) as paragraph (5); and
(2) 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.--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 made
available through the Saltonstall-Kennedy Grant Program
under section 2 of the Saltonstall-Kennedy Act (15
U.S.C. 713c-3) shall be provided for implementation of
this section.''.
(b) Action by Secretary of Commerce.--The Secretary of Commerce
shall--
(1) not later than 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) not later than 180 days after the date the Secretary
receives the report under paragraph (1), submit to the
appropriate committees of Congress recommendations regarding--
(A) changes that could 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 section 303(a)(15)
of that Act for those recreational fisheries for which
in-season management of annual catch limits is
appropriate; and
(B) alternative management approaches that could be
applied to recreational fisheries for which the Marine
Recreational Information Program is incapable of
providing data at the level of accuracy and timeliness
necessary for in-season management of annual catch
limits, consistent with other requirements of this Act.
<all>