    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 115-405
    115th Congress

    An Act

    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, <>
    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:

    [[Page 5356]]

    (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--

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    (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

    [[Page 5358]]

    (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

    [[Page 5359]]

    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.--
    ``(i) In general.--The Secretary may make
    grants to States to--
    ``(I) improve implementation of
    State programs consistent with this
    subsection; and

    [[Page 5360]]

    ``(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,

    [[Page 5361]]

    and recreational fisheries, including each component of mixed-use
    fisheries.

    Approved December 31, 2018.

    LEGISLATIVE HISTORY--S. 1520:
    ---------------------------------------------------------------------------

    SENATE REPORTS: No. 115-264 (Comm. on Commerce, Science, and
    Transportation).
    CONGRESSIONAL RECORD, Vol. 164 (2018):
    Dec. 17, considered and passed Senate.
    Dec. 19, considered and passed House.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
    Dec. 31, Presidential statement.