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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1520 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  1st Session
                                S. 1520

 To expand recreational fishing opportunities through enhanced marine 
      fishery conservation and management, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 10, 2017

    Mr. Wicker (for himself, Mr. Nelson, Mr. Blunt, Mr. Schatz, Mr. 
Manchin, and Mr. Kennedy) introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL

 
 To expand recreational fishing opportunities through enhanced marine 
      fishery conservation and management, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``Modernizing 
Recreational Fisheries Management Act of 2017''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents; references.
Sec. 2. Findings.
Sec. 3. Definitions.
                  TITLE I--CONSERVATION AND MANAGEMENT

Sec. 101. Process for allocation review for South Atlantic and Gulf of 
                            Mexico mixed-use fisheries.
Sec. 102. Alternative fishery management.
Sec. 103. Study of limited access privilege programs for mixed-use 
                            fisheries.
Sec. 104. Rebuilding overfished fisheries.
Sec. 105. Modifications to the annual catch limit requirement.
Sec. 106. Exempted fishing permits.
  TITLE II--RECREATION FISHERY INFORMATION, RESEARCH, AND DEVELOPMENT

Sec. 201. Cooperative data collection.
Sec. 202. Recreational data collection.
    (c) References to the Magnuson-Stevens Fishery Conservation and 
Management Act.--Except as otherwise expressly provided, wherever in 
this Act an amendment or repeal is expressed in terms of an amendment 
to, or repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.).

SEC. 2. FINDINGS.

    (a) Recreational Fishing.--Section 2(a) (16 U.S.C. 1801(a)) is 
amended by adding at the end the following:
            ``(13) While both provide significant cultural and economic 
        benefits to the Nation, recreational fishing and commercial 
        fishing are fundamentally different activities, therefore 
        requiring management approaches adapted to the characteristics 
        of each sector.''.
    (b) Technical Correction.--Section 2(a)(3) (16 U.S.C. 1801(a)(3)) 
is amended to read as follows:
            ``(3) Commercial and recreational fishing constitute major 
        sources of employment and contribute significantly to the 
        economy of the Nation. Many coastal areas are dependent upon 
        fishing and related activities.''.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Natural Resources of the House 
                of Representatives.
            (2) Council.--The term ``Council'' means any Regional 
        Fishery Management Council established under section 302 of the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1852).
            (3) Limited access privilege program.--The term ``limited 
        access privilege program'' means a program that meets the 
        requirements of section 303A of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1853a).
            (4) Mixed-use fishery.--The term ``mixed-used fishery'' 
        means a Federal fishery in which two or more of the following 
        occur:
                    (A) Recreational fishing.
                    (B) Charter fishing.
                    (C) Commercial fishing.

                  TITLE I--CONSERVATION AND MANAGEMENT

SEC. 101. PROCESS FOR ALLOCATION REVIEW FOR SOUTH ATLANTIC AND GULF OF 
              MEXICO MIXED-USE FISHERIES.

    (a) Study of Allocations in Mixed-Use Fisheries.--Not later than 60 
days after the date of enactment of this Act, the Secretary of Commerce 
shall enter into an arrangement with the National Academy of Sciences 
to conduct a study of South Atlantic and Gulf of Mexico mixed-use 
fisheries--
            (1) to provide guidance to each applicable Council on 
        criteria that could be used for allocating fishing privileges, 
        including consideration of the conservation and socioeconomic 
        benefits of the commercial, recreational, and charter 
        components of a fishery, in the preparation of a fishery 
        management plan;
            (2) to identify sources of information that could 
        reasonably support the use of such criteria in allocation 
        decisions; and
            (3) to develop procedures for allocation reviews and 
        potential adjustments in allocations.
    (b) Report.--Not later than 1 year after the date an arrangement is 
entered into under subsection (a), the National Academy of Sciences 
shall submit to the appropriate committees of Congress a report on the 
study conducted under that subsection.
    (c) Process for Allocation Review and Establishment.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, and every 5 years thereafter, an 
        applicable Council shall perform a review of the allocations to 
        the commercial fishing sector and the recreational fishing 
        sector of all applicable fisheries in its jurisdiction.
            (2) Considerations.--In conducting a review under paragraph 
        (1), an applicable Council shall consider, in each allocation 
        decision, the conservation and socioeconomic benefits of--
                    (A) the commercial fishing sector; and
                    (B) the recreational fishing sector.
    (d) Definition of Applicable Council.--In this section, the term 
``applicable Council'' means--
            (1) the South Atlantic Fishery Management Council; or
            (2) the Gulf of Mexico Fishery Management Council.

SEC. 102. ALTERNATIVE FISHERY MANAGEMENT.

    (a) Management.--Section 302(h) (16 U.S.C. 1852(h)) is amended--
            (1) in paragraph (7)(C), by striking ``; and'' and 
        inserting a semicolon;
            (2) by redesignating paragraph (8) as paragraph (9); and
            (3) by inserting after paragraph (7) the following:
            ``(8) have the authority to use alternative 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, including extraction rates, fishing mortality 
        targets, harvest control rules, or traditional or cultural 
        practices of native communities; and''.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Commerce shall submit to the appropriate 
committees of Congress a report summarizing the alternative fishery 
management measures each mixed-use fishery plans to implement under 
section 302(h)(8) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1852(h)(8)), as amended.

SEC. 103. STUDY OF LIMITED ACCESS PRIVILEGE PROGRAMS FOR MIXED-USE 
              FISHERIES.

    (a) Study on Limited Access Privilege Programs.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Ocean Studies Board of the National 
        Academies of Sciences, Engineering, and Medicine shall--
                    (A) study the use of limited access privilege 
                programs in mixed-use fisheries, including--
                            (i) identifying any inequities caused by a 
                        limited access privilege program;
                            (ii) recommending policies to address the 
                        inequities identified in clause (i), such as--
                                    (I) referenda that cover all 
                                participants and sectors in the fishery 
                                before establishment, not just the 
                                commercial sector participants;
                                    (II) auctions or lotteries for 
                                quota assignment in lieu of free quota 
                                transfers;
                                    (III) limited duration of access 
                                privileges with periodic auction to 
                                assign quota ownership;
                                    (IV) mandatory sector allocation 
                                analyses prior to quota assignment; and
                                    (V) compensated reallocation plans 
                                to allow allocations to shift as demand 
                                and demographics shift; and
                            (iii) identifying and recommending the 
                        different factors and information a mixed-use 
                        fishery should consider when designing, 
                        establishing, or maintaining a limited access 
                        privilege program to mitigate any inequities 
                        identified in clause (i); and
                    (B) submit to the appropriate committees of 
                Congress a report on the study under subparagraph (A), 
                including the recommendations under clauses (ii) and 
                (iii) of subparagraph (A).
            (2) Considerations.--In conducting the study under 
        paragraph (1), the Ocean Studies Board shall consider, at a 
        minimum--
                    (A) the community impacts of assignment of quota to 
                only one sector;
                    (B) the disenfranchisement in the management 
                process of a sector not assigned quota; and
                    (C) the loss of public resource rent.
    (b) Temporary Moratorium.--
            (1) In general.--Except as provided in paragraph (2), there 
        shall be a moratorium on the submission and approval of a 
        limited access privilege program for a mixed-used fishery until 
        the date that the report is submitted under subsection 
        (a)(1)(B).
            (2) Exception.--Subject to paragraph (3), a Council may 
        submit, and the Secretary of Commerce may approve, for a mixed-
        use fishery that is managed under a limited access system, a 
        limited access privilege program if such program was part of a 
        pending fishery management plan or plan amendment before the 
        date of enactment of this Act.
            (3) Mandatory review.--A Council that approves a limited 
        access privilege program under paragraph (2) shall, upon 
        issuance of the report required under subparagraph (a), review 
        and, to the extent practicable, revise the limited access 
        privilege program to be consistent with the recommendations of 
        the report or any subsequent statutory or regulatory 
        requirements designed to implement the recommendations of the 
        report.
            (4) Rule of construction.--Nothing in this section may be 
        construed to affect a limited access privilege program approved 
        by the Secretary of Commerce before the date of enactment of 
        this Act.

SEC. 104. REBUILDING OVERFISHED FISHERIES.

    Section 304(e)(4)(A) (16 U.S.C. 1854(e)(4)(A)) is amended to read 
as follows:
                    ``(A) specify a time period for rebuilding the 
                fishery that--
                            ``(i) shall be as short as possible, taking 
                        into account the status and biology of any 
                        overfished stock 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) except where management measures 
                        under an international agreement in which the 
                        United States participates dictate otherwise, 
                        shall not exceed--
                                    ``(I) 10 years; or
                                    ``(II) 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 of time of the affected 
                                stock of fish;''.

SEC. 105. MODIFICATIONS TO THE ANNUAL CATCH LIMIT REQUIREMENT.

    (a) Regional Fishery Management Councils.--Section 302 (16 U.S.C. 
1852) is amended by adding at the end the following:
    ``(m) Considerations for Modifications to Annual Catch Limit 
Requirements.--
            ``(1) Annual catch limit requirement for certain data-poor 
        fisheries.--Notwithstanding subsection (h)(6), in the case of a 
        stock of fish for which the total annual catch limit is 25 
        percent or more below the overfishing limit, a peer-reviewed 
        stock survey and stock assessment have not been performed 
        during the preceding 5 fishing years, and the stock is not 
        subject to overfishing, a Council may, after notifying the 
        Secretary, maintain the current annual catch limit for the 
        stock until a peer-reviewed stock survey and stock assessment 
        are conducted and the results can be considered by the Council 
        and its scientific and statistical committee.
            ``(2) Authorization for multispecies complexes and 
        multiyear annual catch limits.--For purposes of subsection 
        (h)(6), a Council may establish--
                    ``(A) an annual catch limit for a stock complex; or
                    ``(B) annual catch limits for each year in any 
                continuous period that is not more than 3 years in 
                duration.
            ``(3) Rule of construction.--Nothing in this subsection 
        shall be construed as providing an exemption from the 
        requirements of section 301(a) of this Act.''.
    (b) Action by the Secretary.--Section 304 (16 U.S.C. 1854) is 
amended--
            (1) by striking ``(i) International Overfishing.--'' and 
        inserting ``(j) International Overfishing.--'';
            (2) in subsection (j)(1), as redesignated, by inserting 
        ``shall'' before ``immediately''; and
            (3) by adding at the end the following:
    ``(k) Stock Surveys and Assessments.--Not later than 2 years after 
the date that the Secretary receives notice from a Council under 
section 302(m), the Secretary shall complete a peer-reviewed stock 
survey and stock assessment of the applicable stock of fish and 
transmit the results of the survey and assessment to the Council.''.

SEC. 106. EXEMPTED FISHING PERMITS.

    (a) In General.--Before the approval and issuance of an exempted 
fishing permit under section 600.745 of title 50, Code of Federal 
Regulations, or any successor regulation, the Secretary of Commerce 
shall--
            (1) direct a joint peer review of the application for the 
        exempted fishing permit by the appropriate regional fisheries 
        science center and State marine fisheries commission; and
            (2) certify that the Council or Federal agency with 
        jurisdiction over the affected fishery has determined that--
                    (A) the fishing activity to be conducted under the 
                proposed exempted fishing permit would not negatively 
                impact any management measures or conservation 
                objectives included within existing fishery management 
                plans or plan amendments;
                    (B) the social and economic impacts in both dollar 
                amounts and loss of fishing opportunities on all 
                participants in each sector of the fishery expected to 
                occur as a result of the proposed exempted fishing 
                permit would be minimal;
                    (C) the information that would be collected through 
                the fishing activity to be conducted under the proposed 
                exempted fishing permit will have a positive and direct 
                impact on the conservation, assessment, or management 
                of the fishery; and
                    (D) the Governor of each coastal State potentially 
                impacted by the proposed exempted fishing permit, as 
                determined by the Secretary, has been consulted on the 
                fishing activity to be conducted.
    (b) Duration and Renewal.--Beginning on the date of enactment of 
this Act, each exempted fishing permit issued under section 600.745 of 
title 50, Code of Federal Regulations, or any successor regulation--
            (1) shall expire at the end of the 12-month period 
        beginning on the date the exempted fishing permit is issued; 
        and
            (2) may be renewed in accordance with this section.
    (c) Savings Provision.--Except for subsection (b)(2), nothing in 
this section may be construed to affect an exempted fishing permit 
approved under section 600.745 of title 50, Code of Federal 
Regulations, before the date of enactment of this Act.

  TITLE II--RECREATION FISHERY INFORMATION, RESEARCH, AND DEVELOPMENT

SEC. 201. COOPERATIVE DATA COLLECTION.

    (a) Improving Data Collection and Analysis.--Section 404 (16 U.S.C. 
1881c) is amended by adding at the end the following:
    ``(e) Improving Data Collection and Analysis.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Modernizing Recreational Fisheries Management 
        Act of 2017, the Secretary shall develop, in consultation with 
        the science and statistical committees of the Councils 
        established under section 302(g) and the Marine Fisheries 
        Commissions, and submit to the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on Natural 
        Resources of the House of Representatives a report on 
        facilitating greater incorporation of data, analysis, stock 
        assessments, and surveys from State agencies and 
        nongovernmental sources described in paragraph (2) into 
        fisheries management decisions.
            ``(2) Nongovernmental sources.--Nongovernmental sources 
        referred to in paragraph (1) include the following:
                    ``(A) Fishermen.
                    ``(B) Fishing communities.
                    ``(C) Universities.
                    ``(D) Research and philanthropic institutions.
            ``(3) 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 
                reliably 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, including fishermen, fishing 
                communities, universities, and research institutions;
                    ``(C) consider the extent to which it is possible 
                to establish a registry of persons collecting or 
                submitting the data and performing the analyses 
                identified under subparagraphs (A) and (B); and
                    ``(D) consider the extent to which the acceptance 
                and use of data and analyses identified in the report 
                in fishery management decisions is practicable.''.
    (b) NAS Report Recommendations.--The Secretary of Commerce shall 
take into consideration and, to the extent feasible, implement the 
recommendations of the National Academy of Sciences in the report 
entitled ``Review of the Marine Recreational Information Program 
(2017)'', including--
            (1) prioritizing the evaluation of electronic data 
        collection, including smartphone applications, electronic 
        diaries for prospective data collection, and an Internet 
        website option for panel members or for the public;
            (2) evaluating whether the design of the Marine 
        Recreational Information Program for the purposes of stock 
        assessment and the determination of stock management reference 
        points is compatible with the needs of in-season management of 
        annual catch limits; and
            (3) if the Marine Recreational Information Program is 
        incompatible with the needs of in-season management of annual 
        catch limits, determining an alternative method for in-season 
        management.

SEC. 202. RECREATIONAL DATA COLLECTION.

    (a) Federal-State Partnerships.--Section 401(g) (16 U.S.C. 1881(g)) 
is amended--
            (1) by redesignating paragraph (4) as paragraph (5); and
            (2) by inserting after paragraph (3) the following:
            ``(4) Federal-state partnerships.--
                    ``(A) Establishment.--The Secretary shall establish 
                a partnership with a State to develop best practices 
                for implementing the State program established under 
                paragraph (2).
                    ``(B) Guidance.--The Secretary shall develop 
                guidance, in cooperation with the States, that details 
                best practices for administering State programs 
                pursuant to paragraph (2), and provide such guidance to 
                the States.
                    ``(C) Biennial report.--The Secretary shall submit 
                to the appropriate committees of Congress and publish 
                biennial reports that include--
                            ``(i) the estimated accuracy of--
                                    ``(I) the information provided 
                                under subparagraphs (A) and (B) of 
                                paragraph (1) for each registry program 
                                established under that paragraph; and
                                    ``(II) the information from each 
                                State program that is used to assist in 
                                completing surveys or evaluating 
                                effects of conservation and management 
                                measures under paragraph (2);
                            ``(ii) priorities for improving 
                        recreational fishing data collection; and
                            ``(iii) an explanation of any use of 
                        information collected by such State programs 
                        and by the Secretary.
                    ``(D) States grant program.--The Secretary shall 
                make grants to States to improve implementation of 
                State programs consistent with this subsection. The 
                Secretary shall prioritize such grants based on the 
                ability of the grant to improve the quality and 
                accuracy of such programs.
                    ``(E) Funding.--A portion of the funds made 
                available through the Saltonstall-Kennedy Grant Program 
                under section 2 of the Saltonstall-Kennedy Act (15 
                U.S.C. 713c-3) shall be provided for implementation of 
                this section.''.
    (b) Action by Secretary of Commerce.--The Secretary of Commerce 
shall--
            (1) not later than 90 days after the date of enactment of 
        this Act, enter into an agreement with the National Academy of 
        Sciences to evaluate, in the form of a report, whether the 
        design of the Marine Recreational Information Program, for the 
        purposes of stock assessment and the determination of stock 
        management reference points, is compatible with the needs of 
        in-season management of annual catch limits under section 
        303(a)(15) of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1853(a)(1)), including whether in-
        season management of annual catch limits is appropriate for all 
        recreational fisheries; and
            (2) not later than 180 days after the date the Secretary 
        receives the report under paragraph (1), submit to the 
        appropriate committees of Congress recommendations regarding--
                    (A) changes that could be made to the Marine 
                Recreational Information Program to make the program 
                compatible with in-season management of annual catch 
                limits and other requirements under section 303(a)(15) 
                of that Act for those recreational fisheries for which 
                in-season management of annual catch limits is 
                appropriate; and
                    (B) alternative management approaches that could be 
                applied to recreational fisheries for which the Marine 
                Recreational Information Program is incapable of 
                providing data at the level of accuracy and timeliness 
                necessary for in-season management of annual catch 
                limits, consistent with other requirements of this Act.
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