[Congressional Record Volume 164, Number 198 (Monday, December 17, 2018)]
[Senate]
[Pages S7658-S7660]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4115. Mr. McCONNELL (for Mr. Wicker (for himself and Mr. Manchin))
proposed an amendment to the bill S. 1520, to expand recreational
fishing opportunities through enhanced marine fishery conservation and
management, and for other purposes; as follows:
Strike all after the enacting clause and insert 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:
Sec. 1. Short title; table of contents; references.
Sec. 2. Findings.
Sec. 3. Definitions.
[[Page S7659]]
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
[[Page S7660]]
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.
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