[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1520 Enrolled Bill (ENR)]
S.1520
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen
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,

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(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:

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TITLE I

-CONSERVATION AND MANAGEMENT

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(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.).

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TITLE III

-RULE OF CONSTRUCTION

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.''.

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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.

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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.

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(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).

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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.

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(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.

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TITLE II

-RECREATION FISHERY INFORMATION, RESEARCH, AND DEVELOPMENT

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.''.

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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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Modernizing Recreational Fisheries Management Act of 2018 — S. 1520

Other Sections

TITLE I

TITLE III

TITLE II

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