[Congressional Record Volume 164, Number 198 (Monday, December 17, 2018)]
[Senate]
[Pages S7636-S7639]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       MODERNIZING RECREATIONAL FISHERIES MANAGEMENT ACT OF 2017

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 441, S. 1520.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1520) to expand recreational fishing 
     opportunities through enhanced marine fishery conservation 
     and management, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

     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:


[[Page S7637]]


       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

[[Page S7638]]

     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)).
  Mr. McCONNELL. I ask unanimous consent that the committee-reported 
substitute amendment be withdrawn; that the Wicker substitute amendment 
be considered and agreed to; that the bill, as amended, be considered 
read a third time and passed; and that the motions to reconsider be 
considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
withdrawn.
  The amendment (No. 4115) in the nature of a substitute was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill (S. 1520, as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.
  Mr. McCONNELL. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. BOOZMAN. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.

[[Page S7639]]

  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________