U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

79–010 

" ! SENATE 115TH CONGRESS

2d Session 

REPORT 

2018

115–264 

Calendar No. 441 

MODERNIZING RECREATIONAL FISHERIES 

MANAGEMENT ACT OF 2017 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 1520 

JUNE 5, 2018.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED FIFTEENTH CONGRESS

SECOND SESSION

JOHN THUNE, South Dakota, Chairman 

ROGER F. WICKER, Mississippi BILL NELSON, Florida 

ROY BLUNT, Missouri MARIA CANTWELL, Washington 

TED CRUZ, Texas AMY KLOBUCHAR, Minnesota 

DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut 

JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii 

DAN SULLIVAN, Alaska EDWARD J. MARKEY, Massachusetts 

DEAN HELLER, Nevada TOM UDALL, New Mexico 

JAMES M. INHOFE, Oklahoma GARY C. PETERS, Michigan 

MIKE LEE, Utah TAMMY BALDWIN, Wisconsin 

RON JOHNSON, Wisconsin TAMMY DUCKWORTH, Illinois 

SHELLEY MOORE CAPITO, West Virginia MARGARET WOOD HASSAN, New Hampshire 

CORY GARDNER, Colorado CATHERINE CORTEZ MASTO, Nevada 

TODD C. YOUNG, Indiana JON TESTER, Montana 

NICK ROSSI, Staff Director 

ADRIAN ARNAKIS, Deputy Staff Director 

JASON VAN BEEK, General Counsel 

KIM LIPSKY, Democratic Staff Director 

CHRISTOPHER DAY, Democratic Deputy Staff Director 


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1 16 U.S.C. 1801 et seq. 

Calendar No. 441 

115TH CONGRESS REPORT " ! SENATE 2d Session 115–264 

MODERNIZING RECREATIONAL FISHERIES MANAGEMENT 

ACT OF 2017 

JUNE 5, 2018.—Ordered to be printed 

Mr. THUNE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 1520] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 1520) to expand recreational fishing 

opportunities through enhanced marine fishery conservation and 

management, and for other purposes, having considered the same, 

reports favorably thereon with an amendment (in the nature of a 

substitute) and recommends that the bill (as amended) do pass. 

PURPOSE OF THE BILL

The purpose of this legislation is to amend the Magnuson-Stevens Fishery Conservation and Management Act (MSA) 1 to provide 

fisheries managers more flexibility in managing fisheries that are 

used by recreational, charter, and commercial fishing sectors 

through evidence-based decision making and partnership with nongovernmental sources. 

BACKGROUND AND NEEDS

Fisheries play an important role in the culture, food security, environment, and economy of the United States. United States commercial fishermen landed 9.6 billion pounds of seafood valued at 

$5.3 billion in 2016 and recreational anglers made over 63 million 


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2 National Marine Fisheries Service, Fisheries of the United States, 2016. U.S. Department 

of Commerce, Current Fishery Statistics No. 2016. 3 U.S. Department of Commerce, National Marine Fisheries Service, May 2017, Fisheries Economics of the United States 2015. NOAA Technical Memorandum NMFS-F/SPO-170. 4Most States’ seaward boundaries extend 3 miles from shore; however, the seaward boundaries of Texas, Puerto Rico, and the gulf coast of Florida are at 9 nautical miles. Louisiana has 

recently claimed State jurisdiction out to 10 miles (Act 336, passed by the State legislature in 

2011, and implemented by the State’s Wildlife and Fisheries Commission in 2012). 

marine recreational fishing trips, landing nearly 372 million fish.2

In 2015, recreational fishing contributed to nearly 440,000 American jobs, $63 billion in sales, $23 billion in income, and $36 billion 

in value-added contributions made to the gross domestic product.3

Marine fisheries resources in the United States are managed 

under State and Federal authorities. Fisheries in the U.S. Exclusive Economic Zone (U.S. EEZ) are managed under the authority 

of the MSA. The U.S. EEZ is the largest in the world; it extends 

from coastal State boundaries 4 to 200 nautical miles from shore, 

encompassing about 3.4 million square nautical miles of area. 

Within a few miles of shore, States are responsible for fisheries 

management, often in coordination with neighboring States and 

with the Federal Government. 

Recreational and commercial fishing are inherently different activities. Commercial fishing entails extracting large volumes of one 

or a few targeted species from the water and maximizing profit. 

Recreational fishermen often value the experience of fishing and 

maximizing days at sea can be more important than absolute catch. 

While an individual angler removes far fewer fish, there are often 

many more anglers and their activity is harder to monitor, so their 

cumulative impact is substantial. Charter boats and head boats are 

owned and operated by professionals whose customers are recreational anglers; their catch allocation is often included in the recreational allocation. Most regions assign allowable catch limits 

(ACLs) to commercial and recreational fishing industries separately; the charter quota is often included in the recreational quota. 

The demand for recreational fishing of stocks that are also commercially important necessitates scientific review of mixed-use fisheries, revisions in how ACLs are allocated among sectors, and review of how catch data is recorded, analyzed, and implemented into 

decision making. 

SUMMARY OF PROVISIONS

If enacted, S. 1520 would do the following: 

• Direct Fishery Management Councils (Councils) to review allocations to commercial and recreational fishing sectors every 5 

years. 

• Clarify that Councils have the authority to use certain fishery 

management measures in a recreational fishery in developing a 

management plan or proposed regulations. 

• Authorize Councils to establish annual catch limits for multispecies complexes or annual limits for each year in any continuous 

3-year period. 

• Direct the Secretary of Commerce (Secretary) to develop a report to Congress on facilitating greater incorporation of data, analysis, stock assessments, and surveys from State agencies and nongovernmental sources and to establish a partnership with States to 


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develop guidance detailing best practices for administering State 

programs. 

LEGISLATIVE HISTORY

S. 1520 was introduced on July 10, 2017, by Senator Wicker, for 

himself and Senators Nelson, Blunt, Schatz, Manchin, and Kennedy. Senators Cassidy, Cochran, Donnelly, Fischer, Inhofe, Jones, 

Klobuchar, Menendez, Peters, and Young are also cosponsors. On 

February 28, 2018, the Committee considered S. 1520 in open Executive Session. Senator Wicker offered an amendment in the nature 

of a substitute. Senator Blumenthal offered an amendment to provide continued support for State recreational data collection programs. 

The Committee adopted both amendments and ordered the bill, 

as amended, reported favorably by voice vote, with an amendment 

(in nature of substitute). Senators Udall, Cortez Masto, Markey, 

Cantwell, and Blumenthal asked to be recorded as voting ‘‘no’’ for 

the record. 

Representative Graves (R–LA–6) introduced a companion to 

S. 1520, H.R. 2023, on April 6, 2017, which was referred to the 

Committee on Natural Resources of the House of Representatives. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 1520—Modernizing Recreational Fisheries Management Act of 

2018 

Summary: S. 1520 would allow the National Oceanic and Atmospheric Administration (NOAA) to make grants to states to improve 

their registration practices for recreational fishing. The bill also 

would require NOAA and the National Academy of Sciences (NAS) 

to conduct several studies and reviews related to fishery conservation and management. 

Assuming appropriation of the necessary amounts, CBO estimates that implementing S. 1520 would cost $7 million over the 

2019–2023 period. 

Enacting the bill would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. CBO estimates 

that enacting S. 1520 would not increase net direct spending or onbudget deficits in any of the four consecutive 10-year periods beginning in 2029. 

S. 1520 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 

Estimated cost to the Federal government: The estimated budgetary effect of S. 1520 is shown in the following table. The costs 

of the legislation fall within budget function 300 (natural resources 

and environment). 


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By fiscal year, in millions of dollars— 

2018 2019 2020 2021 2022 2023 2019– 

2023 

INCREASES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ....................... 0 7 * * 0 0 7 

Estimated Outlays ......................................... 0 6 1 * * 0 7 

* = between zero and $500,000. 

Basis of estimate: For this estimate, CBO assumes that S. 1520 

will be enacted near the end of 2018 and that the necessary 

amounts will be appropriated each year beginning in 2019. 

S. 1520 would establish a partnership between NOAA and coastal states to improve implementation of those states’ processes for 

issuing recreational fishing permits. The partnership would aim to 

improve the recreational fishing data collected by states so that 

such data is adequate for NOAA to use when completing surveys 

of marine recreational fisheries. In 2018, NOAA provided $11 million to states to assist them with collecting recreational fishing 

data. Under the bill, NOAA would be authorized to provide additional grants to states and territories to improve their permitting 

programs. Using information from NOAA about the number of 

states and territories that would be likely to receive grants to update their processes for issuing recreational fishing permits and the 

average grant size, CBO estimates that implementing the grant 

program would cost $6 million over the 2019–2023 period. 

S. 1520 would require NOAA to contract with NAS to complete 

three reports related to mixed-use fishery management and data 

collection to assess fish stocks. The bill also would require NOAA 

to complete eight reports over the 2019–2023 period related to assess fishery conservation, management, and data collection. Using 

information from NOAA about similar reports, CBO estimates that 

those reports would cost about $1 million. 

Pay-As-You-Go considerations: None. 

Increase in long-term direct spending and deficits: CBO estimates that enacting S. 1520 would not increase net direct spending 

or on-budget deficits in any of the four consecutive 10-year periods 

beginning in 2029. 

Mandates: S. 1520 contains no intergovernmental or private-sector mandates as defined in UMRA. 

Estimate prepared by: Federal costs: Robert Reese; Mandates: 

Zach Byrum. 

Estimate reviewed by: Kim P. Cawley, Chief, Natural and Physical Resources Cost Estimates Unit; H. Samuel Papenfuss, Deputy 

Assistant Director for Budget Analysis. 

REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

S. 1520, as reported, would not create any new programs, but 

may impose new regulatory requirements. The bill affects commercial, charter, and recreational fishers and entities already subject 

to Federal fishing rules and regulations, and therefore the number 


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5The reported bill updates the year in the short title from 2017 to 2018. 

of persons covered should be consistent with the current levels of 

individuals impacted under current regulations. 

ECONOMIC IMPACT

Enactment of this legislation is not expected to have any significant adverse impacts on the Nation’s economy. 

PRIVACY

The reported bill is not expected to impact the personal privacy 

of individuals. 

PAPERWORK

The Secretary would be required to submit, every 2 years following the date of enactment of this Act, a report to the appropriate committees of Congress detailing progress made implementing recommendations of the National Academy of Sciences report entitled, ‘‘Review of the Marine Recreational Information Program (2017).’’ 

The Secretary would be required to submit to the appropriate 

committees of Congress and publish biennial reports on FederalState partnerships. 

The Secretary would be required to enter into an agreement with 

the National Academy of Sciences to develop a report on improvement of the Marine Recreational Information Program. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title; table of contents; references. 

This section would provide that the Act may be cited as the Modernizing Recreational Fisheries Management Act of 2018.5

Section 2. Findings. 

This section would amend section 2(a) of the MSA to add that 

recreational and commercial fishing, as fundamentally different activities, require different management approaches. 

Section 3. Definitions. 

This section would provide technical definitions for the purposes 

of this Act, notably ‘‘mixed-use fishery,’’ which would be defined as 

a Federal fishery in which two or more of the following occur: recreational fishing, charter fishing, and commercial fishing. 

Section 101. Process for allocation review for South Atlantic and 

Gulf of Mexico mixed-use fisheries. 

This section would direct the Secretary to enter into an agreement with the National Academy of Sciences to conduct a study 


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and to provide a report on South Atlantic and Gulf of Mexico 

mixed-use fisheries to provide guidance to Councils on criteria that 

could be used for allocating fishing privileges. This section also 

would direct the South Atlantic and Gulf of Mexico Fishery Management Councils to review allocations to the commercial and recreational fishing sectors 2 years after the date of enactment of this 

Act and every 5 years thereafter. In consideration of the ecological, 

economic, and social factors of each sector, these reviews do not 

necessarily need to result in a change of allocation. 

Section 102. Fishery management measures. 

This section would clarify that Councils possess the authority to 

use certain fishery management measures in a recreational fishery 

(or the recreational component of a mixed-use fishery) when developing a management plan or proposed regulations, such as extraction rates, fishing mortality targets, harvest control rules, or traditional or cultural practices of native communities. The Committee 

does not intend for this clarification of Council authority to be interpreted as altering in any way the annual catch limits, accountability measures, national standards, or other sustainable fishing 

requirements of the MSA. This section also would direct the Secretary to submit a report to Congress summarizing the fishery 

management measures dealt with in this provision that the Councils plan to implement in each recreational and mixed-use fishery 

they manage. 

Section 103. Study of limited access privilege programs for mixeduse fisheries. 

This section would direct the Ocean Studies Board of the National Academies of Sciences, Engineering, and Medicine to study 

and report to Congress on the use of limited access privilege programs in mixed-use fisheries to identify any resulting inequities 

and recommend policies to address them, and to identify and recommend the different factors and information a mixed-use fishery 

should consider when designing a limited access privilege program. 

This section also would impose a moratorium on the submission 

and approval of a limited access privilege program for a mixed-use 

fishery for 2 years after the date of enactment of this Act. This 

moratorium would not apply to those programs that are part of a 

pending fishery management plan or plan amendment before such 

enactment. 

Section 104. Rebuilding overfished fisheries. 

This section would add a provision to the MSA limiting the time 

period for rebuilding a fishery under a rebuilding plan to the sum 

of the time in which the affected stock of fish is expected to surpass 

its maximum sustainable yield biomass level in the absence of fishing mortality and the mean generation time of that stock. This section also would provide criteria for the Secretary in finding that rebuilding has not occurred. Additionally, this section would require 

that new fishery management plans, plan amendments, or proposed regulations for fisheries that have failed to rebuild to the biomass necessary to achieve maximum sustainable yield have at 

least a 75 percent chance of rebuilding the fishery within the proposed time limits. 


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Section 105. Authorization for multispecies complexes and multiyear 

catch limits. 

This section would authorize the Councils to establish annual 

catch limits for multispecies complexes or annual catch limits for 

each year in any continuous 3-year period. 

Section 106. Exempted fishing permits. 

This section would require a Regional Administrator who issues 

an exempted fishing permit to respond in writing to an objection 

to the issuance of the exempted fishing permit by a Council, Interstate Marine Fisheries Commission, or affected State fish and wildlife agency. This section also would require at the end of 12 months 

the Council or Secretary who prepares or implements an exempted 

fishing permit to review the exempted fishing permit and determine if any unintended negative impacts have occurred. 

Section 201. Cooperative data collection. 

This section would direct the Secretary to develop, in consultation with the Councils and Marine Fisheries Commissions, a report 

to Congress on facilitating greater incorporation of data, analysis, 

stock assessments, and surveys from State agencies and non-governmental sources, such as fishermen, fishing communities, and research institutions. This section also would require the Secretary 

to submit a report to Congress every 2 years detailing progress 

made in implementing recommendations from the National Academy of Sciences report entitled, ‘‘Review of the Marine Recreational 

Information Program (2017).’’ 

Section 202. Recreational data collection. 

This section would add a provision to section 401(g) of the MSA 

on Federal-State partnerships, including directing the Secretary to 

establish a partnership with States to develop guidance detailing 

best practices for administering State programs, providing biennial 

reports to Congress on the accuracy of registry programs. This section also would direct the Secretary to make grants to States to improve implementation of State programs and assist them in complying with requirements related to changes in recreational data 

collection. Additionally, this section also would direct the Secretary 

to enter into an agreement with the National Academy of Sciences 

to evaluate whether the design of the Marine Recreational Information Program is compatible with needs of in-season management of 

annual catch limits. 

Section 301. Rule of construction. 

This section would specify that this bill does not modify the requirements of sections 301(a), 302(h)(6), or 303(a)(15) of the MSA. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 


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MAGNUSON-STEVENS FISHERY CONSERVATION AND 

MANAGEMENT ACT 

[16 U.S.C. 1801 et seq.] 

SEC. 2. FINDINGS, PURPOSES AND POLICY. 

[16 U.S.C. 1801] 

(a) FINDINGS.—The Congress finds and declares the following: 

(1) The fish off the coasts of the United States, the highly 

migratory species of the high seas, the species which dwell on 

or in the Continental Shelf appertaining to the United States, 

and the anadromous species which spawn in United States rivers or estuaries, constitute valuable and renewable natural resources. These fishery resources contribute to the food supply, 

economy, and health of the Nation and provide recreational opportunities. 

(2) Certain stocks of fish have declined to the point where 

their survival is threatened, and other stocks of fish have been 

so substantially reduced in number that they could become 

similarly threatened as a consequence of (A) increased fishing 

pressure, (B) the inadequacy of fishery resource conservation 

and management practices and controls, or (C) direct and indirect habitat losses which have resulted in a diminished capacity to support existing fishing levels. 

(3) Commercial and recreational fishing constitutes a major 

source of employment and contributes significantly to the economy of the Nation. Many coastal areas are dependent upon 

fishing and related activities, and their economies have been 

badly damaged by the overfishing of fishery resources at an 

ever-increasing rate over the past decade. The activities of 

massive foreign fishing fleets in waters adjacent to such coastal areas have contributed to such damage, interfered with domestic fishing efforts, and caused destruction of the fishing 

gear of United States fishermen. 

(4) International fishery agreements have not been effective 

in preventing or terminating the overfishing of these valuable 

fishery resources. There is danger that irreversible effects from 

overfishing will take place before an effective international 

agreement on fishery management jurisdiction can be negotiated, signed, ratified, and implemented. 

(5) Fishery resources are finite but renewable. If placed 

under sound management before overfishing has caused irreversible effects, the fisheries can be conserved and maintained 

so as to provide optimum yields on a continuing basis. 

(6) A national program for the conservation and management of the fishery resources of the United States is necessary 

to prevent overfishing, to rebuild overfished stocks, to insure 

conservation, to facilitate long-term protection of essential fish 

habitats, and to realize the full potential of the Nation’s fishery 

resources. 

(7) A national program for the development of fisheries 

which are underutilized or not utilized by the United States 

fishing industry, including bottom fish off Alaska, is necessary 

to assure that our citizens benefit from the employment, food 

supply, and revenue which could be generated thereby. 


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(8) The collection of reliable data is essential to the effective 

conservation, management, and scientific understanding of the 

fishery resources of the United States. 

(9) One of the greatest long-term threats to the viability of 

commercial and recreational fisheries is the continuing loss of 

marine, estuarine, and other aquatic habitats. Habitat considerations should receive increased attention for the conservation 

and management of fishery resources of the United States. 

(10) Pacific Insular Areas contain unique historical, cultural, 

legal, political, and geographical circumstances which make 

fisheries resources important in sustaining their economic 

growth. 

(11) A number of the Fishery Management Councils have 

demonstrated significant progress in integrating ecosystem 

considerations in fisheries management using the existing authorities provided under this Act. 

(12) International cooperation is necessary to address illegal, 

unreported, and unregulated fishing and other fishing practices which may harm the sustainability of living marine resources and disadvantage the United States fishing industry. 

(13) While both provide significant cultural and economic 

benefits to the Nation, recreational fishing and commercial fishing are different activities. Therefore, management approaches 

should be adapted to the characteristics of each sector. 

(b) * * * 

SEC. 302. REGIONAL FISHERY MANAGEMENT COUNCILS. 

[16 U.S.C. 1852] 

(a) * * * 

(h) FUNCTIONS.—Each Council shall, in accordance with the provisions of this Act— 

(1) for each fishery under its authority that requires conservation and management, prepare and submit to the Secretary (A) a fishery management plan, and (B) amendments to 

each such plan that are necessary from time to time (and 

promptly whenever changes in conservation and management 

measures in another fishery substantially affect the fishery for 

which such plan was developed); 

(2) prepare comments on any application for foreign fishing 

transmitted to it under section 204(b)(4)(C) or section 204(d), 

and any fishery management plan or amendment transmitted 

to it under section 304(c)(4); 

(3) conduct public hearings, at appropriate times and in appropriate locations in the geographical area concerned, so as to 

allow all interested persons an opportunity to be heard in the 

development of fishery management plans and amendments to 

such plans, and with respect to the administration and implementation of the provisions of this Act (and for purposes of this 

paragraph, the term ‘‘geographical area concerned’’ may include an area under the authority of another Council if the fish 

in the fishery concerned migrate into, or occur in, that area or 

if the matters being heard affect fishermen of that area; but 

not unless such other Council is first consulted regarding the 

conduct of such hearings within its area); 


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(4) submit to the Secretary such periodic reports as the 

Council deems appropriate, and any other relevant report 

which may be requested by the Secretary; 

(5) review on a continuing basis, and revise as appropriate, 

the assessments and specifications made pursuant to section 

303(a)(3) and (4) with respect to the optimum yield from, the 

capacity and extent to which United States fish processors will 

process United States harvested fish from, and the total allowable level of foreign fishing in, each fishery (except as provided 

in subsection (a)(3)) within its geographical area of authority; 

(6) develop annual catch limits for each of its managed fisheries that may not exceed the fishing level recommendations of 

its scientific and statistical committee or the peer review process established under subsection (g); 

(7) develop, in conjunction with the scientific and statistical 

committee, multi-year research priorities for fisheries, fisheries 

interactions, habitats, and other areas of research that are necessary for management purposes, that shall— 

(A) establish priorities for 5-year periods; 

(B) be updated as necessary; and 

(C) be submitted to the Secretary and the regional 

science centers of the National Marine Fisheries Service 

for their consideration in developing research priorities 

and budgets for the region of the Councilø; and¿; 

(8) have the authority to use fishery management measures in 

a recreational fishery (or the recreational component of a mixeduse 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; and 

ø(8)¿(9) conduct any other activities which are required by, 

or provided for in, this Act or which are necessary and appropriate to the foregoing functions. 

(i) * * * 

(m) AUTHORIZATION FOR MULTISPECIES COMPLEXES AND

MULTIYEAR CATCH LIMITS.—For purposes of subsection (h)(6), a 

Council may establish— 

(1) an annual catch limit for a stock complex; or 

(2) annual catch limits for each year in any continuous period that is not more than 3 years in duration. 

SEC. 304. ACTION BY SECRETARY. 

[16 U.S.C. 1854] 

(a) * * * 

(e) REBUILDING OVERFISHED FISHERIES.— 

(1) The Secretary shall report annually to the Congress and 

the Councils on the status of fisheries within each Council’s 

geographical area of authority and identify those fisheries that 

are overfished or are approaching a condition of being overfished. For those fisheries managed under a fishery management plan or international agreement, the status shall be determined using the criteria for overfishing specified in such 

plan or agreement. A fishery shall be classified as approaching 

a condition of being overfished if, based on trends in fishing effort, fishery resource size, and other appropriate factors, the 


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Secretary estimates that the fishery will become overfished 

within two years. 

(2) If the Secretary determines at any time that a fishery is 

overfished, the Secretary shall immediately notify the appropriate Council and request that action be taken to end overfishing in the fishery and to implement conservation and management measures to rebuild affected stocks of fish. The Secretary shall publish each notice under this paragraph in the 

Federal Register. 

(3) Within 2 years after an identification under paragraph 

(1) or notification under paragraphs (2) or (7), the appropriate 

Council (or the Secretary, for fisheries under section 302(a)(3)) 

shall prepare and implement a fishery management plan, plan 

amendment, or proposed regulations for the fishery to which 

the identification or notice applies— 

(A) to end overfishing immediately in the fishery and to 

rebuild affected stocks of fish; or 

(B) to prevent overfishing from occurring in the fishery 

whenever such fishery is identified as approaching an 

overfished condition. 

(4) For a fishery that is overfished, any fishery management 

plan, amendment, or proposed regulations prepared pursuant 

to paragraph (3) or paragraph (5) for such fishery shall— 

(A) specify a time period for rebuilding the fishery that 

shall— 

(i) be as short as possible, taking into account the 

status and biology of any overfished stocks of fish, the 

needs of fishing communities, recommendations by 

international organizations in which the United States 

participates, and the interaction of the overfished 

stock of fish within the marine ecosystem; and 

ø(ii) not exceed 10 years, except in cases where the 

biology of the stock of fish, other environmental conditions, or management measures under an international agreement in which the United States participates dictate otherwise;¿ 

(ii) not exceed the shortest time possible within which 

the stock of fish would be rebuilt without fishing occurring, plus one mean generation, unless management 

measures under international agreement in which the 

United States participates dictate otherwise; 

(B) allocate both overfishing restrictions and recovery 

benefits fairly and equitably among sectors of the fishery; 

and 

(C) for fisheries managed under an international agreement, reflect traditional participation in the fishery, relative to other nations, by fishermen of the United States. 

(5) If, within the 2-year period beginning on the date of identification or notification that a fishery is overfished, the Council does not submit to the Secretary a fishery management 

plan, plan amendment, or proposed regulations required by 

paragraph (3)(A), the Secretary shall prepare a fishery management plan or plan amendment and any accompanying regulations to stop overfishing and rebuild affected stocks of fish 

within 9 months under subsection (c). 


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(6) During the development of a fishery management plan, 

a plan amendment, or proposed regulations required by this 

subsection, the Council may request the Secretary to implement interim measures to reduce overfishing under section 

305(c) until such measures can be replaced by such plan, 

amendment, or regulations. Such measures, if otherwise in 

compliance with the provisions of this Act, may be implemented even though they are not sufficient by themselves to 

stop overfishing of a fishery. 

ø(7)¿øThe Secretary¿ (7)(A) The Secretary shall review any 

fishery management plan, plan amendment, or regulations required by this subsection at routine intervals that may not exceed øtwo years¿. 2 years. The Secretary shall find that adequate progress toward ending overfishing and rebuilding affected fish stocks has not resulted if— 

(i) the status of the stock is not improving, such that it 

becomes unlikely that the stock will be rebuilt within the 

rebuilding time period; 

(ii) the applicable fishing mortality rate or catch limits 

are exceeded, and the causes and rebuilding consequences 

of such exceedances have not been corrected; 

(iii) the rebuilding expectations are significantly changed 

due to new information about the status of the stock, and 

the new information indicates that less progress than expected has been made toward rebuilding the stock; or 

(iv) for other reasons, as appropriate.; and 

øIf the Secretary¿ 

(B) If the Secretary finds as a result of the review that 

such plan, amendment, or regulations have not resulted in 

adequate progress toward ending overfishing and rebuilding affected fish stocks, the Secretary shall— 

ø(A)¿(i) in the case of a fishery to which section 302(a)(3) 

applies, immediately make revisions necessary to achieve 

adequate progress; or 

ø(B)¿(ii) for all other fisheries, immediately notify the 

appropriate Council. Such notification shall recommend 

further conservation and management measures which the 

Council should consider under paragraph (3) to achieve 

adequate progress. 

(C) A Council shall not adopt, and the Secretary shall 

not approve, a fishery management plan, plan amendment, 

or proposed regulation required under this subsection for 

any fishery that has previously been under such a plan that 

did not rebuild such fishery to the biomass necessary to 

achieve maximum sustainable yield, as determined by the 

Council’s scientific and statistical committee, unless the 

new plan, amendment, or proposed regulation has at least 

a 75 percent chance of rebuilding the fishery within the 

time limit proposed by the Council, as calculated by the 

Council’s scientific and statistical committee pursuant to 

section 302(g)(1)(B). 

(f) * * * 

SEC. 401. REGISTRATION AND INFORMATION MANAGEMENT. 

[16 U.S.C. 1881] 

(a) * * * 


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(g) RECREATIONAL FISHERIES.— 

(1) FEDERAL PROGRAM.—The Secretary shall establish and 

implement a regionally based registry program for recreational 

fishermen in each of the 8 fishery management regions. The 

program, which shall not require a fee before January 1, 2011, 

shall provide for— 

(A) the registration (including identification and contact 

information) of individuals who engage in recreational 

fishing— 

(i) in the Exclusive Economic Zone; 

(ii) for anadromous species; or 

(iii) for Continental Shelf fishery resources beyond 

the Exclusive Economic Zone; and 

(B) if appropriate, the registration (including the ownership, operator, and identification of the vessel) of vessels 

used in such fishing. 

(2) STATE PROGRAMS.—The Secretary shall exempt from registration under the program recreational fishermen and charter fishing vessels licensed, permitted, or registered under the 

laws of a State if the Secretary determines that information 

from the State program is suitable for the Secretary’s use or 

is used to assist in completing marine recreational fisheries 

statistical surveys, or evaluating the effects of proposed conservation and management measures for marine recreational 

fisheries. 

(3) DATA COLLECTION.— 

(A) IMPROVEMENT OF THE MARINE RECREATIONAL FISHERY

STATISTICS SURVEY.—Within 24 months after the date of 

enactment of the Magnuson-Stevens Fishery Conservation 

and Management Reauthorization Act of 2006, the Secretary, in consultation with representatives of the recreational fishing industry and experts in statistics, technology, and other appropriate fields, shall establish a program to improve the quality and accuracy of information 

generated by the Marine Recreational Fishery Statistics 

Survey, with a goal of achieving acceptable accuracy and 

utility for each individual fishery. 

(B) NRC REPORT RECOMMENDATIONS.—The program 

shall take into consideration and, to the extent feasible, 

implement the recommendations of the National Research 

Council in its report Review of Recreational Fisheries Survey Methods (2006), including— 

(i) redesigning the Survey to improve the effectiveness and appropriateness of sampling and estimation 

procedures, its applicability to various kinds of management decisions, and its usefulness for social and 

economic analyses; and 

(ii) providing for ongoing technical evaluation and 

modification as needed to meet emerging management 

needs. 

(C) METHODOLOGY.—Unless the Secretary determines 

that alternate methods will achieve this goal more efficiently and effectively, the program shall, to the extent 

possible, include— 


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(i) an adequate number of intercepts to accurately 

estimate recreational catch and effort; 

(ii) use of surveys that target anglers registered or 

licensed at the State or Federal level to collect participation and effort data; 

(iii) collection and analysis of vessel trip report data 

from charter fishing vessels; 

(iv) development of a weather corrective factor that 

can be applied to recreational catch and effort estimates; and 

(v) an independent committee composed of recreational fishermen, academics, persons with expertise 

in stock assessments and survey design, and appropriate personnel from the National Marine Fisheries 

Service to review the collection estimates, geographic, 

and other variables related to dockside intercepts and 

to identify deficiencies in recreational data collection, 

and possible correction measures. 

(D) DEADLINE.—The Secretary shall complete the program under this paragraph and implement the improved 

Marine Recreational Fishery Statistics Survey not later 

than January 1, 2009. 

(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.—The Secretary may make 

grants to States to improve implementation of State programs consistent with this subsection, and assist such programs in complying with requirements related to changes 

in recreational data collection under paragraph (3). 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 


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such grants based on the ability of the grant to improve the 

quality and accuracy of such programs. 

ø(4)¿(5) REPORT.—Within 24 months after establishment of 

the program, the Secretary shall submit a report to Congress 

that describes the progress made toward achieving the goals 

and objectives of the program. 

(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. 

SEC. 404. FISHERIES RESEARCH. 

[16 U.S.C. 1881c] 

(a) IN GENERAL.—The Secretary shall initiate and maintain, in 

cooperation with the Councils, a comprehensive program of fishery 

research to carry out and further the purposes, policy, and provisions of this Act. Such program shall be designed to acquire knowledge and information, including statistics, on fishery conservation 

and management and on the economics and social characteristics 

of the fisheries. 

(b) STRATEGIC PLAN.—Within one year after the date of enactment of the Sustainable Fisheries Act and at least every 3 years 

thereafter, the Secretary shall develop and publish in the Federal 

Register a strategic plan for fisheries research for the 5 years immediately following such publication. The plan shall— 

(1) identify and describe a comprehensive program with a 

limited number of priority objectives for research in each of the 

areas specified in subsection (c); 

(2) indicate goals and timetables for the program described 

in paragraph (1); 

(3) provide a role for commercial fishermen in such research, 

including involvement in field testing; 


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(4) provide for collection and dissemination, in a timely manner, of complete and accurate information concerning fishing 

activities, catch, effort, stock assessments, and other research 

conducted under this section; and 

(5) be developed in cooperation with the Councils and affected States, and provide for coordination with the Councils, 

affected States, and other research entities. 

(c) AREAS OF RESEARCH.—Areas of research are as follows: 

(1) Research to support fishery conservation and management, including but not limited to, biological research concerning the abundance and life history parameters of stocks of 

fish, the interdependence of fisheries or stocks of fish, the identification of essential fish habitat, the impact of pollution on 

fish populations, the impact of wetland and estuarine degradation, and other factors affecting the abundance and availability 

of fish. 

(2) Conservation engineering research, including the study of 

fish behavior and the development and testing of new gear 

technology and fishing techniques to minimize bycatch and any 

adverse effects on essential fish habitat and promote efficient 

harvest of target species. 

(3) Research on the fisheries, including the social, cultural, 

and economic relationships among fishing vessel owners, crew, 

United States fish processors, associated shoreside labor, seafood markets and fishing communities. 

(4) Information management research, including the development of a fishery information base and an information management system that will permit the full use of information in 

the support of effective fishery conservation and management. 

(d) PUBLIC NOTICE.—In developing the plan required under subsection (a), the Secretary shall consult with relevant Federal, State, 

and international agencies, scientific and technical experts, and 

other interested persons, public and private, and shall publish a 

proposed plan in the Federal Register for the purpose of receiving 

public comment on the plan. The Secretary shall ensure that affected commercial fishermen are actively involved in the development of the portion of the plan pertaining to conservation engineering research. Upon final publication in the Federal Register, the 

plan shall be submitted by the Secretary to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Resources of the House of Representatives. 

(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. 


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(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). 

Æ 


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