S. 1520 

One Hundred Fifteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Wednesday, 

the third day of January, two thousand and eighteen 

An Act 

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

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

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

(a) SHORT TITLE.—This Act may be cited as the ‘‘Modernizing 

Recreational Fisheries Management Act of 2018’’. 

(b) TABLE OF CONTENTS.—The table of contents of this Act 

is as follows: 

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

Sec. 2. Findings. 

Sec. 3. Definitions. 

TITLE I—CONSERVATION AND MANAGEMENT 

Sec. 101. Process for allocation review for South Atlantic and Gulf of Mexico mixeduse fisheries. 

Sec. 102. Fishery management measures. 

Sec. 103. Study of limited access privilege programs for mixed-use fisheries. 

TITLE II—RECREATION FISHERY INFORMATION, RESEARCH, AND 

DEVELOPMENT 

Sec. 201. Cooperative data collection. 

Sec. 202. Recreational data collection. 

TITLE III—RULE OF CONSTRUCTION 

Sec. 301. Rule of construction. 

(c) REFERENCES TO THE MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT.—Except as otherwise expressly 

provided, wherever in this Act an amendment or repeal is expressed 

in terms of an amendment to, or repeal of, a section or other 

provision, the reference shall be considered to be made to a section 

or other provision of the Magnuson-Stevens Fishery Conservation 

and Management Act (16 U.S.C. 1801 et seq.). 

SEC. 2. FINDINGS. 

Section 2(a) (16 U.S.C. 1801(a)) is amended by adding at the 

end the following: 

‘‘(13) While both provide significant cultural and economic 

benefits to the Nation, recreational fishing and commercial 

fishing are different activities. Therefore, science-based conservation and management approaches should be adapted to 

the characteristics of each sector.’’. 

SEC. 3. DEFINITIONS. 

In this Act: 
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(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term 

‘‘appropriate committees of Congress’’ means— 

(A) the Committee on Commerce, Science, and 

Transportation of the Senate; and 

(B) the Committee on Natural Resources of the House 

of Representatives. 

(2) COUNCIL.—The term ‘‘Council’’ means any Regional 

Fishery Management Council established under section 302 

of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852). 

(3) LIMITED ACCESS PRIVILEGE PROGRAM.—The term ‘‘limited access privilege program’’ means a program that meets 

the requirements of section 303A of the Magnuson-Stevens 

Fishery Conservation and Management Act (16 U.S.C. 1853a). 

(4) MIXED-USE FISHERY.—The term ‘‘mixed-use fishery’’ 

means a Federal fishery in which 2 or more of the following 

occur: 

(A) Recreational fishing. 

(B) Charter fishing. 

(C) Commercial fishing. 

TITLE I—CONSERVATION AND 

MANAGEMENT 

SEC. 101. PROCESS FOR ALLOCATION REVIEW FOR SOUTH ATLANTIC 

AND GULF OF MEXICO MIXED-USE FISHERIES. 

(a) STUDY OF ALLOCATIONS IN MIXED-USE FISHERIES.—Not later 

than 1 year after the date of enactment of this Act, the Comptroller 

General of the United States shall conduct a study and submit 

to the appropriate committees of Congress a report on mixed-use 

fisheries in each applicable Council’s jurisdiction, which shall 

include— 

(1) recommendations on criteria that could be used by 

such Councils for allocating or reallocating fishing privileges 

in the preparation of a fishery management plan or plan amendment, including consideration of the ecological, conservation, 

economic, and social factors of each component of a mixeduse fishery; 

(2) identification of the sources of information that could 

reasonably support the use of such criteria in allocation 

decisions; 

(3) an assessment of the budgetary requirements for performing periodic allocation reviews for each applicable Council; 

and 

(4) developing recommendations of procedures for allocation 

reviews and potential adjustments in allocation. 

(b) CONSULTATION WITH STAKEHOLDERS.—The Comptroller 

General of the United States shall consult with the National Oceanic 

and Atmospheric Administration, the applicable Councils, the 

Science and Statistical Committees of such Councils, the applicable 

State fisheries management commissions, the recreational fishing 

sector, the commercial fishing sector, the charter fishing sector, 

and other stakeholders, to the extent practicable, in conducting 

the study required under subsection (a). 

(c) DEFINITION OF APPLICABLE COUNCIL.—In this section, the 

term ‘‘applicable Council’’ means— 
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(1) the South Atlantic Fishery Management Council; or 

(2) the Gulf of Mexico Fishery Management Council. 

SEC. 102. FISHERY MANAGEMENT MEASURES. 

(a) MANAGEMENT.—Section 302(h) (16 U.S.C. 1852(h)) is 

amended— 

(1) in paragraph (7)(C), by striking ‘‘; and’’ and inserting 

a semicolon; 

(2) by redesignating paragraph (8) as paragraph (9); and 

(3) by inserting after paragraph (7) the following: 

‘‘(8) in addition to complying with the standards and 

requirements under paragraph (6), sections 301(a), 303(a)(15), 

and 304(e), and other applicable provisions of this Act, have 

the authority to use fishery management measures in a recreational fishery (or the recreational component of a 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 in such fishery 

or fishery component; and’’. 

(b) REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce shall submit to the 

appropriate committees of Congress a report that describes any 

actions pursuant to paragraph (8) of section 302(h) of the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C. 

1852(h)), as added by subsection (a). 

(c) OTHER FISHERIES.—Nothing in paragraph (8) of section 

302(h) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(h)), as added by subsection (a), shall 

be construed to affect management of any fishery not described 

in such paragraph (8). 

SEC. 103. STUDY OF LIMITED ACCESS PRIVILEGE PROGRAMS FOR 

MIXED-USE FISHERIES. 

(a) STUDY ON LIMITED ACCESS PRIVILEGE PROGRAMS.—Not later 

than 2 years after the date of enactment of this Act, the Ocean 

Studies Board of the National Academies of Sciences, Engineering, 

and Medicine shall— 

(1) complete a study on the use of limited access privilege 

programs in mixed-use fisheries, including— 

(A) an assessment of progress in meeting the goals 

of the program and this Act; 

(B) an assessment of the social, economic, and 

ecological effects of the program, considering each sector 

of a mixed-use fishery and related businesses, coastal 

communities, and the environment; 

(C) an assessment of any impacts to stakeholders in 

a mixed-use fishery caused by a limited access privilege 

program; 

(D) recommendations of policies to address any impacts 

identified under subparagraph (C); 

(E) identification of and recommendation of the different factors and information that should be considered 

when designing, establishing, or maintaining a limited 

access privilege program in a mixed-use fishery to mitigate 

any impacts identified in subparagraph (C), to the extent 

practicable; and 
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(F) a review of best practices and challenges faced 

in the design and implementation of limited access privilege 

programs under the jurisdiction of each of the 8 Regional 

Fishery Management Councils; and 

(2) submit to the appropriate committees of Congress a 

report on the study under paragraph (1), including the recommendations under subparagraphs (D) and (E) of paragraph 

(1). 

(b) EXCLUSION.—Except as provided in subsection (a)(1)(F), the 

study described in this section shall not include the areas covered 

by the Pacific Fishery Management Council and the North Pacific 

Fishery Management Council. 

TITLE II—RECREATION FISHERY INFORMATION, RESEARCH, AND DEVELOPMENT 

SEC. 201. COOPERATIVE DATA COLLECTION. 

(a) IMPROVING DATA COLLECTION AND ANALYSIS.—Section 404 

(16 U.S.C. 1881c) is amended by adding at the end the following: 

‘‘(e) IMPROVING DATA COLLECTION AND ANALYSIS.— 

‘‘(1) IN GENERAL.—Not later than 1 year after the date 

of enactment of the Modernizing Recreational Fisheries 

Management Act of 2017, the Secretary shall develop, in consultation with the science and statistical committees of the 

Councils established under section 302(g) and the Marine Fisheries Commissions, and submit to the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee 

on Natural Resources of the House of Representatives a report 

on facilitating greater incorporation of data, analysis, stock 

assessments, and surveys from State agencies and nongovernmental sources described in paragraph (2), to the extent such 

information is consistent with section 301(a)(2), into fisheries 

management decisions. 

‘‘(2) CONTENT.—In developing the report under paragraph 

(1), the Secretary shall— 

‘‘(A) identify types of data and analysis, especially concerning recreational fishing, that can be used for purposes 

of this Act as the basis for establishing conservation and 

management measures as required by section 303(a)(1), 

including setting standards for the collection and use of 

that data and analysis in stock assessments and surveys 

and for other purposes; 

‘‘(B) provide specific recommendations for collecting 

data and performing analyses identified as necessary to 

reduce uncertainty in and improve the accuracy of future 

stock assessments, including whether such data and analysis could be provided by nongovernmental sources; and 

‘‘(C) consider the extent to which the acceptance and 

use of data and analyses identified in the report in fishery 

management decisions is practicable and compatible with 

the requirements of section 301(a)(2).’’. 

(b) NAS REPORT RECOMMENDATIONS.—The Secretary of Commerce shall take into consideration and, to the extent feasible, 

implement the recommendations of the National Academy of 
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Sciences in the report entitled ‘‘Review of the Marine Recreational 

Information Program (2017)’’, and shall submit, every 2 years following the date of enactment of this Act, a report to the appropriate 

committees of Congress detailing progress made implementing those 

recommendations. Recommendations considered shall include— 

(1) prioritizing the evaluation of electronic data collection, 

including smartphone applications, electronic diaries for 

prospective data collection, and an internet website option for 

panel members or for the public; 

(2) evaluating whether the design of the Marine Recreational Information Program for the purposes of stock assessment and the determination of stock management reference 

points is compatible with the needs of in-season management 

of annual catch limits; and 

(3) if the Marine Recreational Information Program is 

incompatible with the needs of in-season management of annual 

catch limits, determining an alternative method for in-season 

management. 

SEC. 202. RECREATIONAL DATA COLLECTION. 

Section 401 (16 U.S.C. 1881) is amended— 

(1) in subsection (g)— 

(A) by redesignating paragraph (4) as paragraph (5); 

and 

(B) by inserting after paragraph (3) the following: 

‘‘(4) FEDERAL-STATE PARTNERSHIPS.— 

‘‘(A) ESTABLISHMENT.—The Secretary shall establish 

a partnership with a State to develop best practices for 

implementing the State program established under paragraph (2). 

‘‘(B) GUIDANCE.—The Secretary shall develop guidance, 

in cooperation with the States, that details best practices 

for administering State programs pursuant to paragraph 

(2), and provide such guidance to the States. 

‘‘(C) BIENNIAL REPORT.—The Secretary shall submit 

to the appropriate committees of Congress and publish 

biennial reports that include— 

‘‘(i) the estimated accuracy of— 

‘‘(I) the information provided under subparagraphs (A) and (B) of paragraph (1) for each registry program established under that paragraph; 

and 

‘‘(II) the information from each State program 

that is used to assist in completing surveys or 

evaluating effects of conservation and management 

measures under paragraph (2); 

‘‘(ii) priorities for improving recreational fishing 

data collection; and 

‘‘(iii) an explanation of any use of information collected by such State programs and by the Secretary. 

‘‘(D) STATES GRANT PROGRAM.— 

‘‘(i) IN GENERAL.—The Secretary may make grants 

to States to— 

‘‘(I) improve implementation of State programs 

consistent with this subsection; and 
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‘‘(II) assist such programs in complying with 

requirements related to changes in recreational 

data collection under paragraph (3). 

‘‘(ii) USE OF FUNDS.—Any funds awarded through 

such grants shall be used to support data collection, 

quality assurance, and outreach to entities submitting 

such data. The Secretary shall prioritize such grants 

based on the ability of the grant to improve the quality 

and accuracy of such programs.’’; and 

(2) by adding at the end the following: 

‘‘(h) ACTION BY SECRETARY.—The Secretary shall— 

‘‘(1) within 90 days after the date of the enactment of 

the Modernizing Recreational Fisheries Management Act of 

2018, enter into an agreement with the National Academy 

of Sciences to evaluate, in the form of a report— 

‘‘(A) how the design of the Marine Recreational 

Information Program, for the purposes of stock assessment 

and the determination of stock management reference 

points, can be improved to better meet the needs of inseason management of annual catch limits under section 

303(a)(15); and 

‘‘(B) what actions the Secretary, Councils, and States 

could take to improve the accuracy and timeliness of data 

collection and analysis to improve the Marine Recreational 

Information Program and facilitate in-season management; 

and 

‘‘(2) within 6 months after receiving the report under paragraph (1), submit to Congress recommendations regarding— 

‘‘(A) changes to be made to the Marine Recreational 

Information Program to make the program better meet 

the needs of in-season management of annual catch limits 

and other requirements under such section; and 

‘‘(B) alternative management approaches that could 

be applied to recreational fisheries for which the Marine 

Recreational Information Program is not meeting the needs 

of in-season management of annual catch limits, consistent 

with other requirements of this Act, until such time as 

the changes in subparagraph (A) are implemented.’’. 

TITLE III—RULE OF CONSTRUCTION 

SEC. 301. RULE OF CONSTRUCTION. 

Nothing in this Act shall be construed as modifying the requirements of sections 301(a), 302(h)(6), 303(a)(15), or 304(e) of the 

Magnuson-Stevens Fishery Conservation and Management Act (16 

U.S.C. 1851(a), 1852(h)(6), 1853(a)(15), and 1854(e)), or the equal 

application of such requirements and other standards and requirements under the Magnuson-Stevens Fishery Conservation and 

Management Act (16 U.S.C. 1801 et seq.) to commercial, charter, 
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and recreational fisheries, including each component of mixed-use 

fisheries. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.