[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.
____________________