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

<DOC>

                                                       Calendar No. 441
115th CONGRESS
  2d Session
                                S. 1520

                          [Report No. 115-264]

 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, Mr. Kennedy, Mr. Inhofe, Mr. Cochran, Mr. Cassidy, Ms. 
  Klobuchar, Mr. Donnelly, Mr. Young, Mrs. Fischer, Mr. Menendez, Mr. 
 Peters, and Mr. Jones) introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 
                             Transportation

                              June 5, 2018

                Reported by Mr. Thune, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS; 
              REFERENCES.</DELETED>

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

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

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

<DELETED>Sec. 201. Cooperative data collection.
<DELETED>Sec. 202. Recreational data collection.
<DELETED>    (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.).</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    (a) Recreational Fishing.--Section 2(a) (16 U.S.C. 
1801(a)) is amended by adding at the end the following:</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Technical Correction.--Section 2(a)(3) (16 U.S.C. 
1801(a)(3)) is amended to read as follows:</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--</DELETED>
                <DELETED>    (A) the Committee on Commerce, Science, 
                and Transportation of the Senate; and</DELETED>
                <DELETED>    (B) the Committee on Natural Resources of 
                the House of Representatives.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (4) Mixed-use fishery.--The term ``mixed-used 
        fishery'' means a Federal fishery in which two or more of the 
        following occur:</DELETED>
                <DELETED>    (A) Recreational fishing.</DELETED>
                <DELETED>    (B) Charter fishing.</DELETED>
                <DELETED>    (C) Commercial fishing.</DELETED>

        <DELETED>TITLE I--CONSERVATION AND MANAGEMENT</DELETED>

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

<DELETED>    (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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) to identify sources of information that could 
        reasonably support the use of such criteria in allocation 
        decisions; and</DELETED>
        <DELETED>    (3) to develop procedures for allocation reviews 
        and potential adjustments in allocations.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Process for Allocation Review and Establishment.--
</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Considerations.--In conducting a review under 
        paragraph (1), an applicable Council shall consider, in each 
        allocation decision, the conservation and socioeconomic 
        benefits of--</DELETED>
                <DELETED>    (A) the commercial fishing sector; 
                and</DELETED>
                <DELETED>    (B) the recreational fishing 
                sector.</DELETED>
<DELETED>    (d) Definition of Applicable Council.--In this section, 
the term ``applicable Council'' means--</DELETED>
        <DELETED>    (1) the South Atlantic Fishery Management Council; 
        or</DELETED>
        <DELETED>    (2) the Gulf of Mexico Fishery Management 
        Council.</DELETED>

<DELETED>SEC. 102. ALTERNATIVE FISHERY MANAGEMENT.</DELETED>

<DELETED>    (a) Management.--Section 302(h) (16 U.S.C. 1852(h)) is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (7)(C), by striking ``; and'' and 
        inserting a semicolon;</DELETED>
        <DELETED>    (2) by redesignating paragraph (8) as paragraph 
        (9); and</DELETED>
        <DELETED>    (3) by inserting after paragraph (7) the 
        following:</DELETED>
        <DELETED>    ``(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''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 103. STUDY OF LIMITED ACCESS PRIVILEGE PROGRAMS FOR 
              MIXED-USE FISHERIES.</DELETED>

<DELETED>    (a) Study on Limited Access Privilege Programs.--
</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) study the use of limited access 
                privilege programs in mixed-use fisheries, including--
                </DELETED>
                        <DELETED>    (i) identifying any inequities 
                        caused by a limited access privilege 
                        program;</DELETED>
                        <DELETED>    (ii) recommending policies to 
                        address the inequities identified in clause 
                        (i), such as--</DELETED>
                                <DELETED>    (I) referenda that cover 
                                all participants and sectors in the 
                                fishery before establishment, not just 
                                the commercial sector 
                                participants;</DELETED>
                                <DELETED>    (II) auctions or lotteries 
                                for quota assignment in lieu of free 
                                quota transfers;</DELETED>
                                <DELETED>    (III) limited duration of 
                                access privileges with periodic auction 
                                to assign quota ownership;</DELETED>
                                <DELETED>    (IV) mandatory sector 
                                allocation analyses prior to quota 
                                assignment; and</DELETED>
                                <DELETED>    (V) compensated 
                                reallocation plans to allow allocations 
                                to shift as demand and demographics 
                                shift; and</DELETED>
                        <DELETED>    (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</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (2) Considerations.--In conducting the study under 
        paragraph (1), the Ocean Studies Board shall consider, at a 
        minimum--</DELETED>
                <DELETED>    (A) the community impacts of assignment of 
                quota to only one sector;</DELETED>
                <DELETED>    (B) the disenfranchisement in the 
                management process of a sector not assigned quota; 
                and</DELETED>
                <DELETED>    (C) the loss of public resource 
                rent.</DELETED>
<DELETED>    (b) Temporary Moratorium.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 104. REBUILDING OVERFISHED FISHERIES.</DELETED>

<DELETED>    Section 304(e)(4)(A) (16 U.S.C. 1854(e)(4)(A)) is amended 
to read as follows:</DELETED>
                <DELETED>    ``(A) specify a time period for rebuilding 
                the fishery that--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) except where management 
                        measures under an international agreement in 
                        which the United States participates dictate 
                        otherwise, shall not exceed--</DELETED>
                                <DELETED>    ``(I) 10 years; 
                                or</DELETED>
                                <DELETED>    ``(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;''.</DELETED>

<DELETED>SEC. 105. MODIFICATIONS TO THE ANNUAL CATCH LIMIT 
              REQUIREMENT.</DELETED>

<DELETED>    (a) Regional Fishery Management Councils.--Section 302 (16 
U.S.C. 1852) is amended by adding at the end the following:</DELETED>
<DELETED>    ``(m) Considerations for Modifications to Annual Catch 
Limit Requirements.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Authorization for multispecies complexes and 
        multiyear annual catch limits.--For purposes of subsection 
        (h)(6), a Council may establish--</DELETED>
                <DELETED>    ``(A) an annual catch limit for a stock 
                complex; or</DELETED>
                <DELETED>    ``(B) annual catch limits for each year in 
                any continuous period that is not more than 3 years in 
                duration.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Action by the Secretary.--Section 304 (16 U.S.C. 1854) 
is amended--</DELETED>
        <DELETED>    (1) by striking ``(i) International Overfishing.--
        '' and inserting ``(j) International Overfishing.--
        '';</DELETED>
        <DELETED>    (2) in subsection (j)(1), as redesignated, by 
        inserting ``shall'' before ``immediately''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 106. EXEMPTED FISHING PERMITS.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) certify that the Council or Federal agency 
        with jurisdiction over the affected fishery has determined 
        that--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) shall expire at the end of the 12-month period 
        beginning on the date the exempted fishing permit is issued; 
        and</DELETED>
        <DELETED>    (2) may be renewed in accordance with this 
        section.</DELETED>
<DELETED>    (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.</DELETED>

   <DELETED>TITLE II--RECREATION FISHERY INFORMATION, RESEARCH, AND 
                         DEVELOPMENT</DELETED>

<DELETED>SEC. 201. COOPERATIVE DATA COLLECTION.</DELETED>

<DELETED>    (a) Improving Data Collection and Analysis.--Section 404 
(16 U.S.C. 1881c) is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(e) Improving Data Collection and Analysis.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Nongovernmental sources.--Nongovernmental 
        sources referred to in paragraph (1) include the 
        following:</DELETED>
                <DELETED>    ``(A) Fishermen.</DELETED>
                <DELETED>    ``(B) Fishing communities.</DELETED>
                <DELETED>    ``(C) Universities.</DELETED>
                <DELETED>    ``(D) Research and philanthropic 
                institutions.</DELETED>
        <DELETED>    ``(3) Content.--In developing the report under 
        paragraph (1), the Secretary shall--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(D) consider the extent to which the 
                acceptance and use of data and analyses identified in 
                the report in fishery management decisions is 
                practicable.''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 202. RECREATIONAL DATA COLLECTION.</DELETED>

<DELETED>    (a) Federal-State Partnerships.--Section 401(g) (16 U.S.C. 
1881(g)) is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraph (4) as paragraph 
        (5); and</DELETED>
        <DELETED>    (2) by inserting after paragraph (3) the 
        following:</DELETED>
        <DELETED>    ``(4) Federal-state partnerships.--</DELETED>
                <DELETED>    ``(A) Establishment.--The Secretary shall 
                establish a partnership with a State to develop best 
                practices for implementing the State program 
                established under paragraph (2).</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Biennial report.--The Secretary 
                shall submit to the appropriate committees of Congress 
                and publish biennial reports that include--</DELETED>
                        <DELETED>    ``(i) the estimated accuracy of--
                        </DELETED>
                                <DELETED>    ``(I) the information 
                                provided under subparagraphs (A) and 
                                (B) of paragraph (1) for each registry 
                                program established under that 
                                paragraph; and</DELETED>
                                <DELETED>    ``(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);</DELETED>
                        <DELETED>    ``(ii) priorities for improving 
                        recreational fishing data collection; 
                        and</DELETED>
                        <DELETED>    ``(iii) an explanation of any use 
                        of information collected by such State programs 
                        and by the Secretary.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Action by Secretary of Commerce.--The Secretary of 
Commerce shall--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>

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 mixed-use fisheries.
Sec. 102. Fishery management measures.
Sec. 103. Study of limited access privilege programs for mixed-use 
                            fisheries.
Sec. 104. Rebuilding overfished fisheries.
Sec. 105. Authorization for multispecies complexes and multiyear catch 
                            limits.
Sec. 106. Exempted fishing permits.

  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, management 
        approaches should be adapted to the characteristics of each 
        sector.''.

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-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 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 ecological, economic, and social 
        factors of each component of a mixed-use 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, 
        consistent with the provisions of this Act.
            (2) Considerations.--In conducting a review under paragraph 
        (1), an applicable Council shall consider, in each allocation 
        decision, the ecological, economic, and social factors 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. 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) 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''.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Commerce shall submit to the appropriate 
committees of Congress a report that describes any actions pursuant to 
paragraph (8) of section 302(h) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1852(h)), as added by 
subsection (a).
    (c) Other Fisheries.--Nothing in paragraph (8) of section 302(h) of 
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1852(h)), as added by subsection (a), shall be construed to affect 
management of any fishery not described in such paragraph (8).

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 2 years after the date of 
        enactment of this Act, the Ocean Studies Board of the National 
        Academies of Sciences, Engineering, and Medicine shall--
                    (A) complete a study on the use of limited access 
                privilege programs in mixed-use fisheries, including--
                            (i) an assessment of progress in meeting 
                        the goals of the program and this Act;
                            (ii) 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;
                            (iii) an assessment of any impacts to 
                        stakeholders in a mixed-use fishery caused by a 
                        limited access privilege program;
                            (iv) recommendations of policies to address 
                        any impacts identified under clause (iii); and
                            (v) 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 clause 
                        (iii); and
                    (B) submit to the appropriate committees of 
                Congress a report on the study under subparagraph (A), 
                including the recommendations under clauses (iv) and 
                (v) of subparagraph (A).
            (2) Exclusion.--The study described in this subsection 
        shall not include the areas covered by the North Pacific 
        Fishery Management Council.
    (b) Temporary Moratorium.--
            (1) In general.--Except as provided in paragraph (2), with 
        respect to applicable Councils, there shall be a moratorium on 
        the submission and approval of a limited access privilege 
        program for a mixed-used fishery for 2 years after the date of 
        enactment of this Act.
            (2) Exception.--Subject to paragraph (3), an applicable 
        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.--An applicable 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) Limited access privilege program.--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.
            (5) Applicable council.--In this subsection, the term 
        ``applicable Council'' means--
                    (A) the Gulf of Mexico Fishery Management Council;
                    (B) the South Atlantic Fishery Management Council; 
                or
                    (C) the Mid-Atlantic Fishery Management Council.

SEC. 104. REBUILDING OVERFISHED FISHERIES.

    Section 304(e) (16 U.S.C. 1854(e)) is amended--
            (1) in paragraph (4), by amending subparagraph (A)(ii) to 
        read as follows:
                            ``(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;''; and
            (2) in paragraph (7)--
                    (A) by redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii);
                    (B) by striking ``(7) The Secretary'' and inserting 
                the following:
            ``(7)(A) The Secretary'';
                    (C) by striking ``If the Secretary'' and inserting 
                the following:
            ``(B) If the Secretary'';
                    (D) in subparagraph (A), as so redesignated, by 
                striking ``two years'' and inserting the following: ``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
                    (E) by adding at the end the following:
            ``(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).''.

SEC. 105. AUTHORIZATION FOR MULTISPECIES COMPLEXES AND MULTIYEAR CATCH 
              LIMITS.

    Section 302 (16 U.S.C. 1852) is amended by adding at the end the 
following:
    ``(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. 106. EXEMPTED FISHING PERMITS.

    (a) Objections.--If the Fishery Management Council, the Interstate 
Marine Fisheries Commission, or the fish and wildlife agency of an 
affected State objects to 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 Regional Administrator of 
the National Marine Fisheries Service who issued such exempted fishing 
permit shall respond to such entity in writing detailing why such 
exempted fishing permit was issued.
    (b) 12-month Finding.--At the end of the 12-month period beginning 
on the date the exempted fishing permit is issued under section 600.745 
of title 50, Code of Federal Regulations, or any successor regulation, 
the Council that prepared the fishery management plan, or the Secretary 
in the case of a fishery management plan prepared and implemented by 
the Secretary, shall review the exempted fishing permit and determine 
whether any unintended negative impacts have occurred that would 
warrant the discontinuation of the permit.
    (c) Savings Provision.--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), to the 
        extent such information is consistent with section 301(a)(2), 
        into fisheries management decisions.
            ``(2) Content.--In developing the report under paragraph 
        (1), the Secretary shall--
                    ``(A) identify types of data and analysis, 
                especially concerning recreational fishing, that can be 
                used for purposes of this Act as the basis for 
                establishing conservation and management measures as 
                required by section 303(a)(1), including setting 
                standards for the collection and use of that data and 
                analysis in stock assessments and surveys and for other 
                purposes;
                    ``(B) provide specific recommendations for 
                collecting data and performing analyses identified as 
                necessary to reduce uncertainty in and improve the 
                accuracy of future stock assessments, including whether 
                such data and analysis could be provided by 
                nongovernmental sources; and
                    ``(C) consider the extent to which the acceptance 
                and use of data and analyses identified in the report 
                in fishery management decisions is practicable and 
                compatible with the requirements of section 
                301(a)(2).''.
    (b) NAS Report Recommendations.--The Secretary of Commerce shall 
take into consideration and, to the extent feasible, implement the 
recommendations of the National Academy of Sciences in the report 
entitled ``Review of the Marine Recreational Information Program 
(2017)'', and shall submit, every 2 years following the date of 
enactment of this Act, a report to the appropriate committees of 
Congress detailing progress made implementing those recommendations. 
Recommendations considered shall include--
            (1) prioritizing the evaluation of electronic data 
        collection, including smartphone applications, electronic 
        diaries for prospective data collection, and an internet 
        website option for panel members or for the public;
            (2) evaluating whether the design of the Marine 
        Recreational Information Program for the purposes of stock 
        assessment and the determination of stock management reference 
        points is compatible with the needs of in-season management of 
        annual catch limits; and
            (3) if the Marine Recreational Information Program is 
        incompatible with the needs of in-season management of annual 
        catch limits, determining an alternative method for in-season 
        management.

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.--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.''; and
            (2) by adding at the end the following:
    ``(h) Action by Secretary.--The Secretary shall--
            ``(1) within 90 days after the date of the enactment of the 
        Modernizing Recreational Fisheries Management Act of 2018, 
        enter into an agreement with the National Academy of Sciences 
        to evaluate, in the form of a report--
                    ``(A) how the design of the Marine Recreational 
                Information Program, for the purposes of stock 
                assessment and the determination of stock management 
                reference points, can be improved to better meet the 
                needs of in-season management of annual catch limits 
                under section 303(a)(15); and
                    ``(B) what actions the Secretary, Councils, and 
                States could take to improve the accuracy and 
                timeliness of data collection and analysis to improve 
                the Marine Recreational Information Program and 
                facilitate in-season management; and
            ``(2) within 6 months after receiving the report under 
        paragraph (1), submit to Congress recommendations regarding--
                    ``(A) changes to be made to the Marine Recreational 
                Information Program to make the program better meet the 
                needs of in-season management of annual catch limits 
                and other requirements under such section; and
                    ``(B) alternative management approaches that could 
                be applied to recreational fisheries for which the 
                Marine Recreational Information Program is not meeting 
                the needs of in-season management of annual catch 
                limits, consistent with other requirements of this Act, 
                until such time as the changes in subparagraph (A) are 
                implemented.''.

                    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), or 303(a)(15) of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1851(a); 1852(h)(6); 1853(a)(15)).
                                                       Calendar No. 441

115th CONGRESS

  2d Session

                                S. 1520

                          [Report No. 115-264]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                              June 5, 2018

                       Reported with an amendment
```