[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1520 Reported in Senate (RS)]
<DOC>
Calendar No. 441
115th CONGRESS
2d Session
S. 1520
[Report No. 115-264]
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, Mr. Kennedy, Mr. Inhofe, Mr. Cochran, Mr. Cassidy, Ms.
Klobuchar, Mr. Donnelly, Mr. Young, Mrs. Fischer, Mr. Menendez, Mr.
Peters, and Mr. Jones) introduced the following bill; which was read
twice and referred to the Committee on Commerce, Science, and
Transportation
June 5, 2018
Reported by Mr. Thune, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS;
REFERENCES.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the
``Modernizing Recreational Fisheries Management Act of
2017''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents of this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents; references.
<DELETED>Sec. 2. Findings.
<DELETED>Sec. 3. Definitions.
<DELETED>TITLE I--CONSERVATION AND MANAGEMENT
<DELETED>Sec. 101. Process for allocation review for South Atlantic and
Gulf of Mexico mixed-use fisheries.
<DELETED>Sec. 102. Alternative fishery management.
<DELETED>Sec. 103. Study of limited access privilege programs for
mixed-use fisheries.
<DELETED>Sec. 104. Rebuilding overfished fisheries.
<DELETED>Sec. 105. Modifications to the annual catch limit requirement.
<DELETED>Sec. 106. Exempted fishing permits.
<DELETED>TITLE II--RECREATION FISHERY INFORMATION, RESEARCH, AND
DEVELOPMENT
<DELETED>Sec. 201. Cooperative data collection.
<DELETED>Sec. 202. Recreational data collection.
<DELETED> (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.).</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> (a) Recreational Fishing.--Section 2(a) (16 U.S.C.
1801(a)) is amended by adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Technical Correction.--Section 2(a)(3) (16 U.S.C.
1801(a)(3)) is amended to read as follows:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--</DELETED>
<DELETED> (A) the Committee on Commerce, Science,
and Transportation of the Senate; and</DELETED>
<DELETED> (B) the Committee on Natural Resources of
the House of Representatives.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (4) Mixed-use fishery.--The term ``mixed-used
fishery'' means a Federal fishery in which two or more of the
following occur:</DELETED>
<DELETED> (A) Recreational fishing.</DELETED>
<DELETED> (B) Charter fishing.</DELETED>
<DELETED> (C) Commercial fishing.</DELETED>
<DELETED>TITLE I--CONSERVATION AND MANAGEMENT</DELETED>
<DELETED>SEC. 101. PROCESS FOR ALLOCATION REVIEW FOR SOUTH ATLANTIC AND
GULF OF MEXICO MIXED-USE FISHERIES.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) to identify sources of information that could
reasonably support the use of such criteria in allocation
decisions; and</DELETED>
<DELETED> (3) to develop procedures for allocation reviews
and potential adjustments in allocations.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Process for Allocation Review and Establishment.--
</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Considerations.--In conducting a review under
paragraph (1), an applicable Council shall consider, in each
allocation decision, the conservation and socioeconomic
benefits of--</DELETED>
<DELETED> (A) the commercial fishing sector;
and</DELETED>
<DELETED> (B) the recreational fishing
sector.</DELETED>
<DELETED> (d) Definition of Applicable Council.--In this section,
the term ``applicable Council'' means--</DELETED>
<DELETED> (1) the South Atlantic Fishery Management Council;
or</DELETED>
<DELETED> (2) the Gulf of Mexico Fishery Management
Council.</DELETED>
<DELETED>SEC. 102. ALTERNATIVE FISHERY MANAGEMENT.</DELETED>
<DELETED> (a) Management.--Section 302(h) (16 U.S.C. 1852(h)) is
amended--</DELETED>
<DELETED> (1) in paragraph (7)(C), by striking ``; and'' and
inserting a semicolon;</DELETED>
<DELETED> (2) by redesignating paragraph (8) as paragraph
(9); and</DELETED>
<DELETED> (3) by inserting after paragraph (7) the
following:</DELETED>
<DELETED> ``(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''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 103. STUDY OF LIMITED ACCESS PRIVILEGE PROGRAMS FOR
MIXED-USE FISHERIES.</DELETED>
<DELETED> (a) Study on Limited Access Privilege Programs.--
</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) study the use of limited access
privilege programs in mixed-use fisheries, including--
</DELETED>
<DELETED> (i) identifying any inequities
caused by a limited access privilege
program;</DELETED>
<DELETED> (ii) recommending policies to
address the inequities identified in clause
(i), such as--</DELETED>
<DELETED> (I) referenda that cover
all participants and sectors in the
fishery before establishment, not just
the commercial sector
participants;</DELETED>
<DELETED> (II) auctions or lotteries
for quota assignment in lieu of free
quota transfers;</DELETED>
<DELETED> (III) limited duration of
access privileges with periodic auction
to assign quota ownership;</DELETED>
<DELETED> (IV) mandatory sector
allocation analyses prior to quota
assignment; and</DELETED>
<DELETED> (V) compensated
reallocation plans to allow allocations
to shift as demand and demographics
shift; and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (2) Considerations.--In conducting the study under
paragraph (1), the Ocean Studies Board shall consider, at a
minimum--</DELETED>
<DELETED> (A) the community impacts of assignment of
quota to only one sector;</DELETED>
<DELETED> (B) the disenfranchisement in the
management process of a sector not assigned quota;
and</DELETED>
<DELETED> (C) the loss of public resource
rent.</DELETED>
<DELETED> (b) Temporary Moratorium.--</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 104. REBUILDING OVERFISHED FISHERIES.</DELETED>
<DELETED> Section 304(e)(4)(A) (16 U.S.C. 1854(e)(4)(A)) is amended
to read as follows:</DELETED>
<DELETED> ``(A) specify a time period for rebuilding
the fishery that--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) except where management
measures under an international agreement in
which the United States participates dictate
otherwise, shall not exceed--</DELETED>
<DELETED> ``(I) 10 years;
or</DELETED>
<DELETED> ``(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;''.</DELETED>
<DELETED>SEC. 105. MODIFICATIONS TO THE ANNUAL CATCH LIMIT
REQUIREMENT.</DELETED>
<DELETED> (a) Regional Fishery Management Councils.--Section 302 (16
U.S.C. 1852) is amended by adding at the end the following:</DELETED>
<DELETED> ``(m) Considerations for Modifications to Annual Catch
Limit Requirements.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Authorization for multispecies complexes and
multiyear annual catch limits.--For purposes of subsection
(h)(6), a Council may establish--</DELETED>
<DELETED> ``(A) an annual catch limit for a stock
complex; or</DELETED>
<DELETED> ``(B) annual catch limits for each year in
any continuous period that is not more than 3 years in
duration.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Action by the Secretary.--Section 304 (16 U.S.C. 1854)
is amended--</DELETED>
<DELETED> (1) by striking ``(i) International Overfishing.--
'' and inserting ``(j) International Overfishing.--
'';</DELETED>
<DELETED> (2) in subsection (j)(1), as redesignated, by
inserting ``shall'' before ``immediately''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 106. EXEMPTED FISHING PERMITS.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) certify that the Council or Federal agency
with jurisdiction over the affected fishery has determined
that--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) shall expire at the end of the 12-month period
beginning on the date the exempted fishing permit is issued;
and</DELETED>
<DELETED> (2) may be renewed in accordance with this
section.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>TITLE II--RECREATION FISHERY INFORMATION, RESEARCH, AND
DEVELOPMENT</DELETED>
<DELETED>SEC. 201. COOPERATIVE DATA COLLECTION.</DELETED>
<DELETED> (a) Improving Data Collection and Analysis.--Section 404
(16 U.S.C. 1881c) is amended by adding at the end the
following:</DELETED>
<DELETED> ``(e) Improving Data Collection and Analysis.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Nongovernmental sources.--Nongovernmental
sources referred to in paragraph (1) include the
following:</DELETED>
<DELETED> ``(A) Fishermen.</DELETED>
<DELETED> ``(B) Fishing communities.</DELETED>
<DELETED> ``(C) Universities.</DELETED>
<DELETED> ``(D) Research and philanthropic
institutions.</DELETED>
<DELETED> ``(3) Content.--In developing the report under
paragraph (1), the Secretary shall--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(D) consider the extent to which the
acceptance and use of data and analyses identified in
the report in fishery management decisions is
practicable.''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 202. RECREATIONAL DATA COLLECTION.</DELETED>
<DELETED> (a) Federal-State Partnerships.--Section 401(g) (16 U.S.C.
1881(g)) is amended--</DELETED>
<DELETED> (1) by redesignating paragraph (4) as paragraph
(5); and</DELETED>
<DELETED> (2) by inserting after paragraph (3) the
following:</DELETED>
<DELETED> ``(4) Federal-state partnerships.--</DELETED>
<DELETED> ``(A) Establishment.--The Secretary shall
establish a partnership with a State to develop best
practices for implementing the State program
established under paragraph (2).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(C) Biennial report.--The Secretary
shall submit to the appropriate committees of Congress
and publish biennial reports that include--</DELETED>
<DELETED> ``(i) the estimated accuracy of--
</DELETED>
<DELETED> ``(I) the information
provided under subparagraphs (A) and
(B) of paragraph (1) for each registry
program established under that
paragraph; and</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(ii) priorities for improving
recreational fishing data collection;
and</DELETED>
<DELETED> ``(iii) an explanation of any use
of information collected by such State programs
and by the Secretary.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Action by Secretary of Commerce.--The Secretary of
Commerce shall--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
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.
Sec. 104. Rebuilding overfished fisheries.
Sec. 105. Authorization for multispecies complexes and multiyear catch
limits.
Sec. 106. Exempted fishing permits.
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, 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 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 ecological, economic, and social
factors of each component of a mixed-use 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,
consistent with the provisions of this Act.
(2) Considerations.--In conducting a review under paragraph
(1), an applicable Council shall consider, in each allocation
decision, the ecological, economic, and social factors 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. 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) 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; 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.--
(1) In general.--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--
(A) complete a study on the use of limited access
privilege programs in mixed-use fisheries, including--
(i) an assessment of progress in meeting
the goals of the program and this Act;
(ii) 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;
(iii) an assessment of any impacts to
stakeholders in a mixed-use fishery caused by a
limited access privilege program;
(iv) recommendations of policies to address
any impacts identified under clause (iii); and
(v) 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 clause
(iii); and
(B) submit to the appropriate committees of
Congress a report on the study under subparagraph (A),
including the recommendations under clauses (iv) and
(v) of subparagraph (A).
(2) Exclusion.--The study described in this subsection
shall not include the areas covered by the North Pacific
Fishery Management Council.
(b) Temporary Moratorium.--
(1) In general.--Except as provided in paragraph (2), with
respect to applicable Councils, there shall be a moratorium on
the submission and approval of a limited access privilege
program for a mixed-used fishery for 2 years after the date of
enactment of this Act.
(2) Exception.--Subject to paragraph (3), an applicable
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.--An applicable 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) Limited access privilege program.--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.
(5) Applicable council.--In this subsection, the term
``applicable Council'' means--
(A) the Gulf of Mexico Fishery Management Council;
(B) the South Atlantic Fishery Management Council;
or
(C) the Mid-Atlantic Fishery Management Council.
SEC. 104. REBUILDING OVERFISHED FISHERIES.
Section 304(e) (16 U.S.C. 1854(e)) is amended--
(1) in paragraph (4), by amending subparagraph (A)(ii) to
read as follows:
``(ii) not exceed the shortest time
possible within which the stock of fish would
be rebuilt without fishing occurring, plus one
mean generation, unless management measures
under international agreement in which the
United States participates dictate
otherwise;''; and
(2) in paragraph (7)--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii);
(B) by striking ``(7) The Secretary'' and inserting
the following:
``(7)(A) The Secretary'';
(C) by striking ``If the Secretary'' and inserting
the following:
``(B) If the Secretary'';
(D) in subparagraph (A), as so redesignated, by
striking ``two years'' and inserting the following: ``2
years. The Secretary shall find that adequate progress
toward ending overfishing and rebuilding affected fish
stocks has not resulted if--
``(i) the status of the stock is not improving,
such that it becomes unlikely that the stock will be
rebuilt within the rebuilding time period;
``(ii) the applicable fishing mortality rate or
catch limits are exceeded, and the causes and
rebuilding consequences of such exceedances have not
been corrected;
``(iii) the rebuilding expectations are
significantly changed due to new information about the
status of the stock, and the new information indicates
that less progress than expected has been made toward
rebuilding the stock; or
``(iv) for other reasons, as appropriate.''; and
(E) by adding at the end the following:
``(C) A Council shall not adopt, and the Secretary shall
not approve, a fishery management plan, plan amendment, or
proposed regulation required under this subsection for any
fishery that has previously been under such a plan that did not
rebuild such fishery to the biomass necessary to achieve
maximum sustainable yield, as determined by the Council's
scientific and statistical committee, unless the new plan,
amendment, or proposed regulation has at least a 75 percent
chance of rebuilding the fishery within the time limit proposed
by the Council, as calculated by the Council's scientific and
statistical committee pursuant to section 302(g)(1)(B).''.
SEC. 105. AUTHORIZATION FOR MULTISPECIES COMPLEXES AND MULTIYEAR CATCH
LIMITS.
Section 302 (16 U.S.C. 1852) is amended by adding at the end the
following:
``(m) Authorization for Multispecies Complexes and Multiyear Catch
Limits.--For purposes of subsection (h)(6), a Council may establish--
``(1) an annual catch limit for a stock complex; or
``(2) annual catch limits for each year in any continuous
period that is not more than 3 years in duration.''.
SEC. 106. EXEMPTED FISHING PERMITS.
(a) Objections.--If the Fishery Management Council, the Interstate
Marine Fisheries Commission, or the fish and wildlife agency of an
affected State objects to 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 Regional Administrator of
the National Marine Fisheries Service who issued such exempted fishing
permit shall respond to such entity in writing detailing why such
exempted fishing permit was issued.
(b) 12-month Finding.--At the end of the 12-month period beginning
on the date the exempted fishing permit is issued under section 600.745
of title 50, Code of Federal Regulations, or any successor regulation,
the Council that prepared the fishery management plan, or the Secretary
in the case of a fishery management plan prepared and implemented by
the Secretary, shall review the exempted fishing permit and determine
whether any unintended negative impacts have occurred that would
warrant the discontinuation of the permit.
(c) Savings Provision.--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), 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.--The Secretary may make
grants to States to improve implementation of State
programs consistent with this subsection, and assist
such programs in complying with requirements related to
changes in recreational data collection under paragraph
(3). 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), or 303(a)(15) of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1851(a); 1852(h)(6); 1853(a)(15)).
Calendar No. 441
115th CONGRESS
2d Session
S. 1520
[Report No. 115-264]
_______________________________________________________________________
A BILL
To expand recreational fishing opportunities through enhanced marine
fishery conservation and management, and for other purposes.
_______________________________________________________________________
June 5, 2018
Reported with an amendment