[Congressional Record Volume 164, Number 200 (Wednesday, December 19, 2018)]
[House]
[Pages H10306-H10309]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       MODERNIZING RECREATIONAL FISHERIES MANAGEMENT ACT OF 2018

  Mr. GRAVES of Louisiana. Mr. Speaker, I move to suspend the rules and 
pass the bill (S. 1520) to expand recreational fishing opportunities 
through enhanced marine fishery conservation and management, and for 
other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 1520

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.

       (a) Short Title.--This Act may be cited as the 
     ``Modernizing Recreational Fisheries Management Act of 
     2018''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents; references.
Sec. 2. Findings.
Sec. 3. Definitions.

                  TITLE I--CONSERVATION AND MANAGEMENT

Sec. 101. Process for allocation review for South Atlantic and Gulf of 
              Mexico mixed-use fisheries.
Sec. 102. Fishery management measures.
Sec. 103. Study of limited access privilege programs for mixed-use 
              fisheries.

  TITLE II--RECREATION FISHERY INFORMATION, RESEARCH, AND DEVELOPMENT

Sec. 201. Cooperative data collection.
Sec. 202. Recreational data collection.

                    TITLE III--RULE OF CONSTRUCTION

Sec. 301. Rule of construction.

       (c) References to the Magnuson-Stevens Fishery Conservation 
     and Management Act.--Except as otherwise expressly provided, 
     wherever in this Act an amendment or repeal is expressed in 
     terms of an amendment to, or repeal of, a section or other 
     provision, the reference shall be considered to be made to a 
     section or other provision of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1801 et seq.).

     SEC. 2. FINDINGS.

       Section 2(a) (16 U.S.C. 1801(a)) is amended by adding at 
     the end the following:
       ``(13) While both provide significant cultural and economic 
     benefits to the Nation, recreational fishing and commercial 
     fishing are different activities. Therefore, science-based 
     conservation and management approaches should be adapted to 
     the characteristics of each sector.''.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Council.--The term ``Council'' means any Regional 
     Fishery Management Council

[[Page H10307]]

     established under section 302 of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1852).
       (3) Limited access privilege program.--The term ``limited 
     access privilege program'' means a program that meets the 
     requirements of section 303A of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1853a).
       (4) Mixed-use fishery.--The term ``mixed-use fishery'' 
     means a Federal fishery in which 2 or more of the following 
     occur:
       (A) Recreational fishing.
       (B) Charter fishing.
       (C) Commercial fishing.

                  TITLE I--CONSERVATION AND MANAGEMENT

     SEC. 101. PROCESS FOR ALLOCATION REVIEW FOR SOUTH ATLANTIC 
                   AND GULF OF MEXICO MIXED-USE FISHERIES.

       (a) Study of Allocations in Mixed-use Fisheries.--Not later 
     than 1 year after the date of enactment of this Act, the 
     Comptroller General of the United States shall conduct a 
     study and submit to the appropriate committees of Congress a 
     report on mixed-use fisheries in each applicable Council's 
     jurisdiction, which shall include--
       (1) recommendations on criteria that could be used by such 
     Councils for allocating or reallocating fishing privileges in 
     the preparation of a fishery management plan or plan 
     amendment, including consideration of the ecological, 
     conservation, economic, and social factors of each component 
     of a mixed-use fishery;
       (2) identification of the sources of information that could 
     reasonably support the use of such criteria in allocation 
     decisions;
       (3) an assessment of the budgetary requirements for 
     performing periodic allocation reviews for each applicable 
     Council; and
       (4) developing recommendations of procedures for allocation 
     reviews and potential adjustments in allocation.
       (b) Consultation With Stakeholders.--The Comptroller 
     General of the United States shall consult with the National 
     Oceanic and Atmospheric Administration, the applicable 
     Councils, the Science and Statistical Committees of such 
     Councils, the applicable State fisheries management 
     commissions, the recreational fishing sector, the commercial 
     fishing sector, the charter fishing sector, and other 
     stakeholders, to the extent practicable, in conducting the 
     study required under subsection (a).
       (c) Definition of Applicable Council.--In this section, the 
     term ``applicable Council'' means--
       (1) the South Atlantic Fishery Management Council; or
       (2) the Gulf of Mexico Fishery Management Council.

     SEC. 102. FISHERY MANAGEMENT MEASURES.

       (a) Management.--Section 302(h) (16 U.S.C. 1852(h)) is 
     amended--
       (1) in paragraph (7)(C), by striking ``; and'' and 
     inserting a semicolon;
       (2) by redesignating paragraph (8) as paragraph (9); and
       (3) by inserting after paragraph (7) the following:
       ``(8) in addition to complying with the standards and 
     requirements under paragraph (6), sections 301(a), 
     303(a)(15), and 304(e), and other applicable provisions of 
     this Act, have the authority to use fishery management 
     measures in a recreational fishery (or the recreational 
     component of a mixed-use fishery) in developing a fishery 
     management plan, plan amendment, or proposed regulations, 
     such as extraction rates, fishing mortality targets, harvest 
     control rules, or traditional or cultural practices of native 
     communities in such fishery or fishery component; and''.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Commerce shall submit 
     to the appropriate committees of Congress a report that 
     describes any actions pursuant to paragraph (8) of section 
     302(h) of the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1852(h)), as added by subsection 
     (a).
       (c) Other Fisheries.--Nothing in paragraph (8) of section 
     302(h) of the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1852(h)), as added by subsection 
     (a), shall be construed to affect management of any fishery 
     not described in such paragraph (8).

     SEC. 103. STUDY OF LIMITED ACCESS PRIVILEGE PROGRAMS FOR 
                   MIXED-USE FISHERIES.

       (a) Study on Limited Access Privilege Programs.--Not later 
     than 2 years after the date of enactment of this Act, the 
     Ocean Studies Board of the National Academies of Sciences, 
     Engineering, and Medicine shall--
       (1) complete a study on the use of limited access privilege 
     programs in mixed-use fisheries, including--
       (A) an assessment of progress in meeting the goals of the 
     program and this Act;
       (B) an assessment of the social, economic, and ecological 
     effects of the program, considering each sector of a mixed-
     use fishery and related businesses, coastal communities, and 
     the environment;
       (C) an assessment of any impacts to stakeholders in a 
     mixed-use fishery caused by a limited access privilege 
     program;
       (D) recommendations of policies to address any impacts 
     identified under subparagraph (C);
       (E) identification of and recommendation of the different 
     factors and information that should be considered when 
     designing, establishing, or maintaining a limited access 
     privilege program in a mixed-use fishery to mitigate any 
     impacts identified in subparagraph (C), to the extent 
     practicable; and
       (F) a review of best practices and challenges faced in the 
     design and implementation of limited access privilege 
     programs under the jurisdiction of each of the 8 Regional 
     Fishery Management Councils; and
       (2) submit to the appropriate committees of Congress a 
     report on the study under paragraph (1), including the 
     recommendations under subparagraphs (D) and (E) of paragraph 
     (1).
       (b) Exclusion.--Except as provided in subsection (a)(1)(F), 
     the study described in this section shall not include the 
     areas covered by the Pacific Fishery Management Council and 
     the North Pacific Fishery Management Council.

  TITLE II--RECREATION FISHERY INFORMATION, RESEARCH, AND DEVELOPMENT

     SEC. 201. COOPERATIVE DATA COLLECTION.

       (a) Improving Data Collection and Analysis.--Section 404 
     (16 U.S.C. 1881c) is amended by adding at the end the 
     following:
       ``(e) Improving Data Collection and Analysis.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Modernizing Recreational Fisheries 
     Management Act of 2017, the Secretary shall develop, in 
     consultation with the science and statistical committees of 
     the Councils established under section 302(g) and the Marine 
     Fisheries Commissions, and submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Natural Resources of the House of 
     Representatives a report on facilitating greater 
     incorporation of data, analysis, stock assessments, and 
     surveys from State agencies and nongovernmental sources 
     described in paragraph (2), to the extent such information is 
     consistent with section 301(a)(2), into fisheries management 
     decisions.
       ``(2) Content.--In developing the report under paragraph 
     (1), the Secretary shall--
       ``(A) identify types of data and analysis, especially 
     concerning recreational fishing, that can be used for 
     purposes of this Act as the basis for establishing 
     conservation and management measures as required by section 
     303(a)(1), including setting standards for the collection and 
     use of that data and analysis in stock assessments and 
     surveys and for other purposes;
       ``(B) provide specific recommendations for collecting data 
     and performing analyses identified as necessary to reduce 
     uncertainty in and improve the accuracy of future stock 
     assessments, including whether such data and analysis could 
     be provided by nongovernmental sources; and
       ``(C) consider the extent to which the acceptance and use 
     of data and analyses identified in the report in fishery 
     management decisions is practicable and compatible with the 
     requirements of section 301(a)(2).''.
       (b) NAS Report Recommendations.--The Secretary of Commerce 
     shall take into consideration and, to the extent feasible, 
     implement the recommendations of the National Academy of 
     Sciences in the report entitled ``Review of the Marine 
     Recreational Information Program (2017)'', and shall submit, 
     every 2 years following the date of enactment of this Act, a 
     report to the appropriate committees of Congress detailing 
     progress made implementing those recommendations. 
     Recommendations considered shall include--
       (1) prioritizing the evaluation of electronic data 
     collection, including smartphone applications, electronic 
     diaries for prospective data collection, and an internet 
     website option for panel members or for the public;
       (2) evaluating whether the design of the Marine 
     Recreational Information Program for the purposes of stock 
     assessment and the determination of stock management 
     reference points is compatible with the needs of in-season 
     management of annual catch limits; and
       (3) if the Marine Recreational Information Program is 
     incompatible with the needs of in-season management of annual 
     catch limits, determining an alternative method for in-season 
     management.

     SEC. 202. RECREATIONAL DATA COLLECTION.

       Section 401 (16 U.S.C. 1881) is amended--
       (1) in subsection (g)--
       (A) by redesignating paragraph (4) as paragraph (5); and
       (B) by inserting after paragraph (3) the following:
       ``(4) Federal-state partnerships.--
       ``(A) Establishment.--The Secretary shall establish a 
     partnership with a State to develop best practices for 
     implementing the State program established under paragraph 
     (2).
       ``(B) Guidance.--The Secretary shall develop guidance, in 
     cooperation with the States, that details best practices for 
     administering State programs pursuant to paragraph (2), and 
     provide such guidance to the States.
       ``(C) Biennial report.--The Secretary shall submit to the 
     appropriate committees of Congress and publish biennial 
     reports that include--
       ``(i) the estimated accuracy of--

       ``(I) the information provided under subparagraphs (A) and 
     (B) of paragraph (1) for each registry program established 
     under that paragraph; and
       ``(II) the information from each State program that is used 
     to assist in completing surveys or evaluating effects of 
     conservation and management measures under paragraph (2);

[[Page H10308]]

       ``(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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Louisiana (Mr. Graves) and the gentleman from Arizona (Mr. Grijalva) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Louisiana.


                             General Leave

  Mr. GRAVES of Louisiana. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days to revise and extend their 
remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Louisiana?
  There was no objection.
  Mr. GRAVES of Louisiana. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, back in April of last year, in April of 2017, we 
introduced legislation known as the Modern Fish Act, the Modernizing 
Recreational Fisheries Management Act. A few months later, in July, on 
July 10, the Senate introduced a companion measure.
  Mr. Speaker, the House bill has 24 bipartisan cosponsors and, on July 
11, the House passed this bill, the House version, H.R. 2023, as part 
of H.R. 200, the overall Magnuson-Stevens Fisheries Conservation Act 
Reauthorization.
  Mr. Speaker, Magnuson-Stevens was first authorized in 1976, very 
important legislation that largely at the time was designed to manage 
commercial fishing out in Federal waters across the United States.
  Over time, we have seen extraordinary changes in fishing, both in 
commercial fishing, in technology and demand on species, changes in 
technology and science and our ability to better manage these species; 
and, importantly, Mr. Speaker, changes in the demand from recreational 
fishers. People like you and I, myself and our kids, we enjoy going out 
and fishing.
  Magnuson-Stevens was designed largely to manage the commercial side, 
and it largely lacked the important balance or consideration of the 
millions and millions of fishers, of anglers, that go out and enjoy it 
just as families, and this bill helps to fix that.
  The Modern Fish Act will recognize in Federal law for the first time 
that recreational fishing and commercial fishing are fundamentally 
different activities and, therefore, should be managed differently to 
fit the characteristics of each sector.
  Mr. Speaker, while recreational fishing is an experience-based 
activity, commercial fishing is designed for profit. It is a for-profit 
activity, it is a business activity.
  We have seen significant evolution in the way that the States manage 
State waters, recreational and commercial fishing in State waters. And 
let's keep in mind, there is nothing that distinguishes State waters 
and Federal waters. When you get outside the seaward boundaries of 
States, generally 3 miles in most States, it is indistinguishable. The 
species go back and forth, but the management styles have fundamentally 
changed.
  In my home State of Louisiana, our recreational fishers have 
determined that they are going to impose a fee on themselves to improve 
the collection of data to improve the science to better inform our 
fishery management decisions. The Federal Government has the 
opportunity to do the same thing and, in some cases, to better involve 
States to ensure the complementary nature of fisheries management in 
the Gulf of Mexico, the Atlantic, the Pacific, Alaska, and in other 
areas.
  This bill will allow the Regional Fishery Management Councils to 
manage recreational fisheries more successfully based on public access, 
without hard quotas, or TACs. Ultimately, these changes will help to 
avoid sudden closures and drastically changing fishing regulations that 
have been plaguing many Federally managed fisheries.
  The State of Louisiana is one of the most productive ecosystems in 
the North American Continent. We have nearly 90 percent of the 
freshwater inputs in the Gulf of Mexico coming through our State. We 
have one of the top commercial fishing industries in the Nation--in 
fact, the largest in the continental United States--and we produce more 
shrimp, blue crabs, oysters, crayfish, and other species than anywhere 
else in this Nation.
  It is important to also keep in mind that we are one of the top 
recreational fishing destinations. We are a place where many people 
like to come to fish: redfish, speckled trout, red snapper, Amberjack, 
cobia, and many, many other species. We have got to have that balance. 
This bill moves in the right direction to ensure that we do have a 
balance.
  Lastly, Mr. Speaker, let me just say this. The regulations, the laws, 
that manage our roads, we have a very different structure on how 18 
wheelers, how trucks are managed, versus cars; we have different rules 
on how civilians versus military engage; we also have a different tax 
code for businesses and individuals. This bill simply does the same 
thing: it recognizes that there is a difference between commercial 
fishing and recreational fishing.
  Especially in our home, in the Gulf of Mexico, it recognizes that 
there is extraordinary participation on the recreational side of 
fishers, of just the general public, going out there and enjoying that 
experiential activity to go out there and go catch fish in the Gulf of 
Mexico. We must ensure that we have better science, that we have better 
decisions in the Gulf of Mexico, and that we have better balance on how 
these fisheries are managed.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GRIJALVA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, S. 1520, known as the Modern Fish Act, expands 
opportunities for recreational fishermen by encouraging the use of 
multiple fisheries management tools. Importantly, S. 1520 keeps the 
core conservation provisions of the Magnuson-Stevens Act intact by 
making it clear that fisheries managers can use multiple tools, but 
annual catch limits cannot be exceeded.

[[Page H10309]]

  This bill encourages managers to think about how to manage fisheries 
in a way that benefits both conservation and fishing access.
  I applaud Senator Wicker and Senator Nelson for the hard work they 
have undertaken to get this bill across the finish line. This bill is a 
major improvement from the version that was introduced in the House 
earlier this year, and I commend my colleagues in the Senate for 
getting it to a place where all of us can support it.

  This year, we have seen progress on recreational fisheries issues, 
driven by advancements in technologies and data collection systems. 
While the recreational fishing industry is vital to the economy of the 
United States, the last thing we want is another tragedy of the commons 
or policies that undercut that progress.
  The changes made to S. 1520 meet the demands of the recreational 
fishing industry while also ensuring access to sustainable fisheries.
  I am thankful for the good faith effort shown on both sides of the 
aisle and for a bipartisan bill that does not compromise the 
sustainability of our Nation's fisheries.
  Mr. Speaker, I yield back the balance of my time.
  Mr. GRAVES of Louisiana. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I reiterate that this is bipartisan legislation. I thank 
my friend from Arizona for the cooperation in ensuring that we get text 
that everyone agrees is a step in the right direction in improving that 
balance in the management of commercial and recreational fisheries, in 
ensuring that we have the best science informing our decisions and that 
our resource managers have access to that information and are allowed 
to use it. I thank the 24 bipartisan cosponsors from States like 
Georgia, South Carolina, Florida, Texas, and many other coastal States 
in the United States that worked with us on this to ensure that we move 
in the right direction. And I thank the dean of the House and the king 
in the North, Congressman  Don Young, for all of the work that he has 
done for decades in progressing Federal fisheries management policy.
  Mr. Speaker, I want to thank Bill Ball, Dustin Davidson, and the many 
staff who helped to work on this legislation, and I yield back the 
balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Louisiana (Mr. Graves) that the House suspend the rules 
and pass the bill, S. 1520.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. GRAVES of Louisiana. Mr. Speaker, I object to the vote on the 
ground that a quorum is not present and make the point of order that a 
quorum is not present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.
  The point of no quorum is considered withdrawn.

                          ____________________