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[Senate Report 115-264]
[From the U.S. Government Publishing Office]

                                                      Calendar No. 441
115th Congress     }                                     {      Report
                                 SENATE
 2d Session        }                                     {     115-264
_______________________________________________________________________

       
       
       
       

                    MODERNIZING RECREATIONAL FISHERIES 
                          MANAGEMENT ACT OF 2017

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1520

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                  June 5, 2018.--Ordered to be printed  
                  
                                  ______

                         U.S. GOVERNMENT PUBLISHING OFFICE 

79-010                         WASHINGTON : 2018                   
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
                  
       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  MARGARETWOODHASSAN,NewHampshire
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

                                                      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 non-governmental 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 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\
---------------------------------------------------------------------------
    \1\16 U.S.C. 1801 et seq.
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \4\Most 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).
---------------------------------------------------------------------------
    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 non-governmental sources and to 
establish a partnership with States to 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 on-budget 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).

----------------------------------------------------------------------------------------------------------------
                                                          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 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 Federal-State 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\
---------------------------------------------------------------------------
    \5\The reported bill updates the year in the short title from 2017 
to 2018.
---------------------------------------------------------------------------

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 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 mixed-use 
        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.

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):

        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.
          (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);
          (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 Council[; and];
          (8) 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; and
          [(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 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
                          [(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).
          (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.
          [(7)][The 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 [two 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
                          [If 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--
                  [(A)](i) in the case of a fishery to which 
                section 302(a)(3) applies, immediately make 
                revisions necessary to achieve adequate 
                progress; or
                  [(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) * * *
  (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--
                          (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 such grants based on the ability of 
                the grant to improve the quality and accuracy 
                of such programs.
          [(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;
          (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.
          (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).

                                  [all]
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