```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1520 Enrolled Bill (ENR)]

        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 mixed-use 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:
        (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 mixed-use 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--
        (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 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 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 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.--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
            (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 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
                    ``(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 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), 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, 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.
```