II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF2 ERENCES. 

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

4 ‘‘Modernizing Recreational Fisheries Management Act of 

5 2017’’. 

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

7 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. 

8 (c) REFERENCES TO THE MAGNUSON-STEVENS

9 FISHERY CONSERVATION AND MANAGEMENT ACT.—Ex10 cept as otherwise expressly provided, wherever in this Act 

11 an amendment or repeal is expressed in terms of an 

12 amendment to, or repeal of, a section or other provision, 

13 the reference shall be considered to be made to a section 

14 or other provision of the Magnuson-Stevens Fishery Con15 servation and Management Act (16 U.S.C. 1801 et seq.). 


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1 SEC. 2. FINDINGS. 

2 (a) RECREATIONAL FISHING.—Section 2(a) (16 

3 U.S.C. 1801(a)) is amended by adding at the end the fol4 lowing: 

5 ‘‘(13) While both provide significant cultural 

6 and economic benefits to the Nation, recreational 

7 fishing and commercial fishing are fundamentally 

8 different activities, therefore requiring management 

9 approaches adapted to the characteristics of each 

10 sector.’’. 

11 (b) TECHNICAL CORRECTION.—Section 2(a)(3) (16 

12 U.S.C. 1801(a)(3)) is amended to read as follows: 

13 ‘‘(3) Commercial and recreational fishing con14 stitute major sources of employment and contribute 

15 significantly to the economy of the Nation. Many 

16 coastal areas are dependent upon fishing and related 

17 activities.’’. 

18 SEC. 3. DEFINITIONS. 

19 In this Act: 

20 (1) APPROPRIATE COMMITTEES OF CON21 GRESS.—The term ‘‘appropriate committees of Con22 gress’’ means— 

23 (A) the Committee on Commerce, Science, 

24 and Transportation of the Senate; and 

25 (B) the Committee on Natural Resources 

26 of the House of Representatives. 


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

2 Regional Fishery Management Council established 

3 under section 302 of the Magnuson-Stevens Fishery 

4 Conservation and Management Act (16 U.S.C. 

5 1852). 

6 (3) LIMITED ACCESS PRIVILEGE PROGRAM.— 

7 The term ‘‘limited access privilege program’’ means 

8 a program that meets the requirements of section 

9 303A of the Magnuson-Stevens Fishery Conserva10 tion and Management Act (16 U.S.C. 1853a). 

11 (4) MIXED-USE FISHERY.—The term ‘‘mixed12 used fishery’’ means a Federal fishery in which two 

13 or more of the following occur: 

14 (A) Recreational fishing. 

15 (B) Charter fishing. 

16 (C) Commercial fishing. 

17 TITLE I—CONSERVATION AND 

18 MANAGEMENT 

19 SEC. 101. PROCESS FOR ALLOCATION REVIEW FOR SOUTH 

20 ATLANTIC AND GULF OF MEXICO MIXED-USE 

21 FISHERIES. 

22 (a) STUDY OF ALLOCATIONS IN MIXED-USE FISH23 ERIES.—Not later than 60 days after the date of enact24 ment of this Act, the Secretary of Commerce shall enter 

25 into an arrangement with the National Academy of 


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1 Sciences to conduct a study of South Atlantic and Gulf 

2 of Mexico mixed-use fisheries— 

3 (1) to provide guidance to each applicable 

4 Council on criteria that could be used for allocating 

5 fishing privileges, including consideration of the con6 servation and socioeconomic benefits of the commer7 cial, recreational, and charter components of a fish8 ery, in the preparation of a fishery management 

9 plan; 

10 (2) to identify sources of information that could 

11 reasonably support the use of such criteria in alloca12 tion decisions; and 

13 (3) to develop procedures for allocation reviews 

14 and potential adjustments in allocations. 

15 (b) REPORT.—Not later than 1 year after the date 

16 an arrangement is entered into under subsection (a), the 

17 National Academy of Sciences shall submit to the appro18 priate committees of Congress a report on the study con19 ducted under that subsection. 

20 (c) PROCESS FOR ALLOCATION REVIEW AND ESTAB21 LISHMENT.— 

22 (1) IN GENERAL.—Not later than 2 years after 

23 the date of enactment of this Act, and every 5 years 

24 thereafter, an applicable Council shall perform a re25 view of the allocations to the commercial fishing secVerDate Sep 11 2014 22:58 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S1520.RS S1520

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1 tor and the recreational fishing sector of all applica2 ble fisheries in its jurisdiction. 

3 (2) CONSIDERATIONS.—In conducting a review 

4 under paragraph (1), an applicable Council shall 

5 consider, in each allocation decision, the conserva6 tion and socioeconomic benefits of— 

7 (A) the commercial fishing sector; and 

8 (B) the recreational fishing sector. 

9 (d) DEFINITION OF APPLICABLE COUNCIL.—In this 

10 section, the term ‘‘applicable Council’’ means— 

11 (1) the South Atlantic Fishery Management 

12 Council; or 

13 (2) the Gulf of Mexico Fishery Management 

14 Council. 

15 SEC. 102. ALTERNATIVE FISHERY MANAGEMENT. 

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

17 1852(h)) is amended— 

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

19 and inserting a semicolon; 

20 (2) by redesignating paragraph (8) as para21 graph (9); and 

22 (3) by inserting after paragraph (7) the fol23 lowing: 

24 ‘‘(8) have the authority to use alternative fish25 ery management measures in a recreational fishery 


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1 (or the recreational component of a mixed-use fish2 ery) in developing a fishery management plan, plan 

3 amendment, or proposed regulations, including ex4 traction rates, fishing mortality targets, harvest con5 trol rules, or traditional or cultural practices of na6 tive communities; and’’. 

7 (b) REPORT.—Not later than 180 days after the date 

8 of enactment of this Act, the Secretary of Commerce shall 

9 submit to the appropriate committees of Congress a report 

10 summarizing the alternative fishery management meas11 ures each mixed-use fishery plans to implement under sec12 tion 302(h)(8) of the Magnuson-Stevens Fishery Con13 servation and Management Act (16 U.S.C. 1852(h)(8)), 

14 as amended. 

15 SEC. 103. STUDY OF LIMITED ACCESS PRIVILEGE PRO16 GRAMS FOR MIXED-USE FISHERIES. 

17 (a) STUDY ON LIMITED ACCESS PRIVILEGE PRO18 GRAMS.— 

19 (1) IN GENERAL.—Not later than 1 year after 

20 the date of enactment of this Act, the Ocean Studies 

21 Board of the National Academies of Sciences, Engi22 neering, and Medicine shall— 

23 (A) study the use of limited access privi24 lege programs in mixed-use fisheries, includ25 ing— 


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1 (i) identifying any inequities caused 

2 by a limited access privilege program; 

3 (ii) recommending policies to address 

4 the inequities identified in clause (i), such 

5 as— 

6 (I) referenda that cover all par7 ticipants and sectors in the fishery be8 fore establishment, not just the com9 mercial sector participants; 

10 (II) auctions or lotteries for 

11 quota assignment in lieu of free quota 

12 transfers; 

13 (III) limited duration of access 

14 privileges with periodic auction to as15 sign quota ownership; 

16 (IV) mandatory sector allocation 

17 analyses prior to quota assignment; 

18 and 

19 (V) compensated reallocation 

20 plans to allow allocations to shift as 

21 demand and demographics shift; and 

22 (iii) identifying and recommending the 

23 different factors and information a mixed24 use fishery should consider when design25 ing, establishing, or maintaining a limited 


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1 access privilege program to mitigate any 

2 inequities identified in clause (i); and 

3 (B) submit to the appropriate committees 

4 of Congress a report on the study under sub5 paragraph (A), including the recommendations 

6 under clauses (ii) and (iii) of subparagraph (A). 

7 (2) CONSIDERATIONS.—In conducting the study 

8 under paragraph (1), the Ocean Studies Board shall 

9 consider, at a minimum— 

10 (A) the community impacts of assignment 

11 of quota to only one sector; 

12 (B) the disenfranchisement in the manage13 ment process of a sector not assigned quota; 

14 and 

15 (C) the loss of public resource rent. 

16 (b) TEMPORARY MORATORIUM.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (2), there shall be a moratorium on the sub19 mission and approval of a limited access privilege 

20 program for a mixed-used fishery until the date that 

21 the report is submitted under subsection (a)(1)(B). 

22 (2) EXCEPTION.—Subject to paragraph (3), a 

23 Council may submit, and the Secretary of Commerce 

24 may approve, for a mixed-use fishery that is man25 aged under a limited access system, a limited access 


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1 privilege program if such program was part of a 

2 pending fishery management plan or plan amend3 ment before the date of enactment of this Act. 

4 (3) MANDATORY REVIEW.—A Council that ap5 proves a limited access privilege program under 

6 paragraph (2) shall, upon issuance of the report re7 quired under subparagraph (a), review and, to the 

8 extent practicable, revise the limited access privilege 

9 program to be consistent with the recommendations 

10 of the report or any subsequent statutory or regu11 latory requirements designed to implement the rec12 ommendations of the report. 

13 (4) RULE OF CONSTRUCTION.—Nothing in this 

14 section may be construed to affect a limited access 

15 privilege program approved by the Secretary of 

16 Commerce before the date of enactment of this Act. 

17 SEC. 104. REBUILDING OVERFISHED FISHERIES. 

18 Section 304(e)(4)(A) (16 U.S.C. 1854(e)(4)(A)) is 

19 amended to read as follows: 

20 ‘‘(A) specify a time period for rebuilding 

21 the fishery that— 

22 ‘‘(i) shall be as short as possible, tak23 ing into account the status and biology of 

24 any overfished stock of fish, the needs of 

25 fishing communities, recommendations by 


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1 international organizations in which the 

2 United States participates, and the inter3 action of the overfished stock of fish within 

4 the marine ecosystem; and 

5 ‘‘(ii) except where management meas6 ures under an international agreement in 

7 which the United States participates dic8 tate otherwise, shall not exceed— 

9 ‘‘(I) 10 years; or 

10 ‘‘(II) the sum of the time in 

11 which the affected stock of fish is ex12 pected to surpass its maximum sus13 tainable yield biomass level in the ab14 sence of fishing mortality, and the 

15 mean generation of time of the af16 fected stock of fish;’’. 

17 SEC. 105. MODIFICATIONS TO THE ANNUAL CATCH LIMIT 

18 REQUIREMENT. 

19 (a) REGIONAL FISHERY MANAGEMENT COUNCILS.— 

20 Section 302 (16 U.S.C. 1852) is amended by adding at 

21 the end the following: 

22 ‘‘(m) CONSIDERATIONS FOR MODIFICATIONS TO AN23 NUAL CATCH LIMIT REQUIREMENTS.— 

24 ‘‘(1) ANNUAL CATCH LIMIT REQUIREMENT FOR

25 CERTAIN DATA-POOR FISHERIES.—Notwithstanding 


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1 subsection (h)(6), in the case of a stock of fish for 

2 which the total annual catch limit is 25 percent or 

3 more below the overfishing limit, a peer-reviewed 

4 stock survey and stock assessment have not been 

5 performed during the preceding 5 fishing years, and 

6 the stock is not subject to overfishing, a Council 

7 may, after notifying the Secretary, maintain the cur8 rent annual catch limit for the stock until a peer-re9 viewed stock survey and stock assessment are con10 ducted and the results can be considered by the 

11 Council and its scientific and statistical committee. 

12 ‘‘(2) AUTHORIZATION FOR MULTISPECIES COM13 PLEXES AND MULTIYEAR ANNUAL CATCH LIMITS.— 

14 For purposes of subsection (h)(6), a Council may es15 tablish— 

16 ‘‘(A) an annual catch limit for a stock 

17 complex; or 

18 ‘‘(B) annual catch limits for each year in 

19 any continuous period that is not more than 3 

20 years in duration. 

21 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

22 this subsection shall be construed as providing an 

23 exemption from the requirements of section 301(a) 

24 of this Act.’’. 


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1 (b) ACTION BY THE SECRETARY.—Section 304 (16 

2 U.S.C. 1854) is amended— 

3 (1) by striking ‘‘(i) INTERNATIONAL OVER4 FISHING.—’’ and inserting ‘‘(j) INTERNATIONAL

5 OVERFISHING.—’’; 

6 (2) in subsection (j)(1), as redesignated, by in7 serting ‘‘shall’’ before ‘‘immediately’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(k) STOCK SURVEYS AND ASSESSMENTS.—Not later 

10 than 2 years after the date that the Secretary receives no11 tice from a Council under section 302(m), the Secretary 

12 shall complete a peer-reviewed stock survey and stock as13 sessment of the applicable stock of fish and transmit the 

14 results of the survey and assessment to the Council.’’. 

15 SEC. 106. EXEMPTED FISHING PERMITS. 

16 (a) IN GENERAL.—Before the approval and issuance 

17 of an exempted fishing permit under section 600.745 of 

18 title 50, Code of Federal Regulations, or any successor 

19 regulation, the Secretary of Commerce shall— 

20 (1) direct a joint peer review of the application 

21 for the exempted fishing permit by the appropriate 

22 regional fisheries science center and State marine 

23 fisheries commission; and 


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1 (2) certify that the Council or Federal agency 

2 with jurisdiction over the affected fishery has deter3 mined that— 

4 (A) the fishing activity to be conducted 

5 under the proposed exempted fishing permit 

6 would not negatively impact any management 

7 measures or conservation objectives included 

8 within existing fishery management plans or 

9 plan amendments; 

10 (B) the social and economic impacts in 

11 both dollar amounts and loss of fishing oppor12 tunities on all participants in each sector of the 

13 fishery expected to occur as a result of the pro14 posed exempted fishing permit would be mini15 mal; 

16 (C) the information that would be collected 

17 through the fishing activity to be conducted 

18 under the proposed exempted fishing permit will 

19 have a positive and direct impact on the con20 servation, assessment, or management of the 

21 fishery; and 

22 (D) the Governor of each coastal State po23 tentially impacted by the proposed exempted 

24 fishing permit, as determined by the Secretary, 


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1 has been consulted on the fishing activity to be 

2 conducted. 

3 (b) DURATION AND RENEWAL.—Beginning on the 

4 date of enactment of this Act, each exempted fishing per5 mit issued under section 600.745 of title 50, Code of Fed6 eral Regulations, or any successor regulation— 

7 (1) shall expire at the end of the 12-month pe8 riod beginning on the date the exempted fishing per9 mit is issued; and 

10 (2) may be renewed in accordance with this sec11 tion. 

12 (c) SAVINGS PROVISION.—Except for subsection 

13 (b)(2), nothing in this section may be construed to affect 

14 an exempted fishing permit approved under section 

15 600.745 of title 50, Code of Federal Regulations, before 

16 the date of enactment of this Act. 

17 TITLE II—RECREATION FISHERY 

18 INFORMATION, RESEARCH, 

19 AND DEVELOPMENT 

20 SEC. 201. COOPERATIVE DATA COLLECTION. 

21 (a) IMPROVING DATA COLLECTION AND ANALYSIS.— 

22 Section 404 (16 U.S.C. 1881c) is amended by adding at 

23 the end the following: 

24 ‘‘(e) IMPROVING DATA COLLECTION AND ANAL25 YSIS.— 


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

2 the date of enactment of the Modernizing Rec3 reational Fisheries Management Act of 2017, the 

4 Secretary shall develop, in consultation with the 

5 science and statistical committees of the Councils es6 tablished under section 302(g) and the Marine Fish7 eries Commissions, and submit to the Committee on 

8 Commerce, Science, and Transportation of the Sen9 ate and the Committee on Natural Resources of the 

10 House of Representatives a report on facilitating 

11 greater incorporation of data, analysis, stock assess12 ments, and surveys from State agencies and non13 governmental sources described in paragraph (2) 

14 into fisheries management decisions. 

15 ‘‘(2) NONGOVERNMENTAL SOURCES.—Non16 governmental sources referred to in paragraph (1) 

17 include the following: 

18 ‘‘(A) Fishermen. 

19 ‘‘(B) Fishing communities. 

20 ‘‘(C) Universities. 

21 ‘‘(D) Research and philanthropic institu22 tions. 

23 ‘‘(3) CONTENT.—In developing the report 

24 under paragraph (1), the Secretary shall— 


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1 ‘‘(A) identify types of data and analysis, 

2 especially concerning recreational fishing, that 

3 can be reliably used for purposes of this Act as 

4 the basis for establishing conservation and man5 agement measures as required by section 

6 303(a)(1), including setting standards for the 

7 collection and use of that data and analysis in 

8 stock assessments and surveys and for other 

9 purposes; 

10 ‘‘(B) provide specific recommendations for 

11 collecting data and performing analyses identi12 fied as necessary to reduce uncertainty in and 

13 improve the accuracy of future stock assess14 ments, including whether such data and anal15 ysis could be provided by nongovernmental 

16 sources, including fishermen, fishing commu17 nities, universities, and research institutions; 

18 ‘‘(C) consider the extent to which it is pos19 sible to establish a registry of persons collecting 

20 or submitting the data and performing the 

21 analyses identified under subparagraphs (A) 

22 and (B); and 

23 ‘‘(D) consider the extent to which the ac24 ceptance and use of data and analyses identiVerDate Sep 11 2014 22:58 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6401 E:\BILLS\S1520.RS S1520

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1 fied in the report in fishery management deci2 sions is practicable.’’. 

3 (b) NAS REPORT RECOMMENDATIONS.—The Sec4 retary of Commerce shall take into consideration and, to 

5 the extent feasible, implement the recommendations of the 

6 National Academy of Sciences in the report entitled ‘‘Re7 view of the Marine Recreational Information Program 

8 (2017)’’, including— 

9 (1) prioritizing the evaluation of electronic data 

10 collection, including smartphone applications, elec11 tronic diaries for prospective data collection, and an 

12 Internet website option for panel members or for the 

13 public; 

14 (2) evaluating whether the design of the Marine 

15 Recreational Information Program for the purposes 

16 of stock assessment and the determination of stock 

17 management reference points is compatible with the 

18 needs of in-season management of annual catch lim19 its; and 

20 (3) if the Marine Recreational Information Pro21 gram is incompatible with the needs of in-season 

22 management of annual catch limits, determining an 

23 alternative method for in-season management. 


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1 SEC. 202. RECREATIONAL DATA COLLECTION. 

2 (a) FEDERAL-STATE PARTNERSHIPS.—Section 

3 401(g) (16 U.S.C. 1881(g)) is amended— 

4 (1) by redesignating paragraph (4) as para5 graph (5); and 

6 (2) by inserting after paragraph (3) the fol7 lowing: 

8 ‘‘(4) FEDERAL-STATE PARTNERSHIPS.— 

9 ‘‘(A) ESTABLISHMENT.—The Secretary 

10 shall establish a partnership with a State to de11 velop best practices for implementing the State 

12 program established under paragraph (2). 

13 ‘‘(B) GUIDANCE.—The Secretary shall de14 velop guidance, in cooperation with the States, 

15 that details best practices for administering 

16 State programs pursuant to paragraph (2), and 

17 provide such guidance to the States. 

18 ‘‘(C) BIENNIAL REPORT.—The Secretary 

19 shall submit to the appropriate committees of 

20 Congress and publish biennial reports that in21 clude— 

22 ‘‘(i) the estimated accuracy of— 

23 ‘‘(I) the information provided 

24 under subparagraphs (A) and (B) of 

25 paragraph (1) for each registry proVerDate Sep 11 2014 22:58 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6401 E:\BILLS\S1520.RS S1520

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1 gram established under that para2 graph; and 

3 ‘‘(II) the information from each 

4 State program that is used to assist 

5 in completing surveys or evaluating 

6 effects of conservation and manage7 ment measures under paragraph (2); 

8 ‘‘(ii) priorities for improving rec9 reational fishing data collection; and 

10 ‘‘(iii) an explanation of any use of in11 formation collected by such State programs 

12 and by the Secretary. 

13 ‘‘(D) STATES GRANT PROGRAM.—The Sec14 retary shall make grants to States to improve 

15 implementation of State programs consistent 

16 with this subsection. The Secretary shall 

17 prioritize such grants based on the ability of the 

18 grant to improve the quality and accuracy of 

19 such programs. 

20 ‘‘(E) FUNDING.—A portion of the funds 

21 made available through the Saltonstall–Ken22 nedy Grant Program under section 2 of the 

23 Saltonstall–Kennedy Act (15 U.S.C. 713c–3) 

24 shall be provided for implementation of this sec25 tion.’’. 


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1 (b) ACTION BY SECRETARY OF COMMERCE.—The 

2 Secretary of Commerce shall— 

3 (1) not later than 90 days after the date of en4 actment of this Act, enter into an agreement with 

5 the National Academy of Sciences to evaluate, in the 

6 form of a report, whether the design of the Marine 

7 Recreational Information Program, for the purposes 

8 of stock assessment and the determination of stock 

9 management reference points, is compatible with the 

10 needs of in-season management of annual catch lim11 its under section 303(a)(15) of the Magnuson-Ste12 vens Fishery Conservation and Management Act (16 

13 U.S.C. 1853(a)(1)), including whether in-season 

14 management of annual catch limits is appropriate 

15 for all recreational fisheries; and 

16 (2) not later than 180 days after the date the 

17 Secretary receives the report under paragraph (1), 

18 submit to the appropriate committees of Congress 

19 recommendations regarding— 

20 (A) changes that could be made to the Ma21 rine Recreational Information Program to make 

22 the program compatible with in-season manage23 ment of annual catch limits and other require24 ments under section 303(a)(15) of that Act for 

25 those recreational fisheries for which in-season 


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1 management of annual catch limits is appro2 priate; and 

3 (B) alternative management approaches 

4 that could be applied to recreational fisheries 

5 for which the Marine Recreational Information 

6 Program is incapable of providing data at the 

7 level of accuracy and timeliness necessary for 

8 in-season management of annual catch limits, 

9 consistent with other requirements of this Act. 

10 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF11 ERENCES. 

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

13 ‘‘Modernizing Recreational Fisheries Management Act of 

14 2018’’. 

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

16 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. 


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TITLE III—RULE OF CONSTRUCTION 

Sec. 301. Rule of construction. 

1 (c) REFERENCES TO THE MAGNUSON-STEVENS FISH2 ERY CONSERVATION AND MANAGEMENT ACT.—Except as 

3 otherwise expressly provided, wherever in this Act an 

4 amendment or repeal is expressed in terms of an amend5 ment to, or repeal of, a section or other provision, the ref6 erence shall be considered to be made to a section or other 

7 provision of the Magnuson-Stevens Fishery Conservation 

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

9 SEC. 2. FINDINGS. 

10 Section 2(a) (16 U.S.C. 1801(a)) is amended by add11 ing at the end the following: 

12 ‘‘(13) While both provide significant cultural 

13 and economic benefits to the Nation, recreational fish14 ing and commercial fishing are different activities. 

15 Therefore, management approaches should be adapted 

16 to the characteristics of each sector.’’. 

17 SEC. 3. DEFINITIONS. 

18 In this Act: 

19 (1) APPROPRIATE COMMITTEES OF CONGRESS.— 

20 The term ‘‘appropriate committees of Congress’’ 

21 means— 

22 (A) the Committee on Commerce, Science, 

23 and Transportation of the Senate; and 


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1 (B) the Committee on Natural Resources of 

2 the House of Representatives. 

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

4 Regional Fishery Management Council established 

5 under section 302 of the Magnuson-Stevens Fishery 

6 Conservation and Management Act (16 U.S.C. 1852). 

7 (3) LIMITED ACCESS PRIVILEGE PROGRAM.—The 

8 term ‘‘limited access privilege program’’ means a pro9 gram that meets the requirements of section 303A of 

10 the Magnuson-Stevens Fishery Conservation and 

11 Management Act (16 U.S.C. 1853a). 

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

13 fishery’’ means a Federal fishery in which 2 or more 

14 of the following occur: 

15 (A) Recreational fishing. 

16 (B) Charter fishing. 

17 (C) Commercial fishing. 

18 TITLE I—CONSERVATION AND 

19 MANAGEMENT 

20 SEC. 101. PROCESS FOR ALLOCATION REVIEW FOR SOUTH 

21 ATLANTIC AND GULF OF MEXICO MIXED-USE 

22 FISHERIES. 

23 (a) STUDY OF ALLOCATIONS IN MIXED-USE FISH24 ERIES.—Not later than 60 days after the date of enactment 

25 of this Act, the Secretary of Commerce shall enter into an 


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1 arrangement with the National Academy of Sciences to con2 duct a study of South Atlantic and Gulf of Mexico mixed3 use fisheries— 

4 (1) to provide guidance to each applicable Coun5 cil on criteria that could be used for allocating fishing 

6 privileges, including consideration of the ecological, 

7 economic, and social factors of each component of a 

8 mixed-use fishery, in the preparation of a fishery 

9 management plan; 

10 (2) to identify sources of information that could 

11 reasonably support the use of such criteria in alloca12 tion decisions; and 

13 (3) to develop procedures for allocation reviews 

14 and potential adjustments in allocations. 

15 (b) REPORT.—Not later than 1 year after the date an 

16 arrangement is entered into under subsection (a), the Na17 tional Academy of Sciences shall submit to the appropriate 

18 committees of Congress a report on the study conducted 

19 under that subsection. 

20 (c) PROCESS FOR ALLOCATION REVIEW AND ESTAB21 LISHMENT.— 

22 (1) IN GENERAL.—Not later than 2 years after 

23 the date of enactment of this Act, and every 5 years 

24 thereafter, an applicable Council shall perform a re25 view of the allocations to the commercial fishing secVerDate Sep 11 2014 22:58 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6203 E:\BILLS\S1520.RS S1520

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1 tor and the recreational fishing sector of all applica2 ble fisheries in its jurisdiction, consistent with the 

3 provisions of this Act. 

4 (2) CONSIDERATIONS.—In conducting a review 

5 under paragraph (1), an applicable Council shall 

6 consider, in each allocation decision, the ecological, 

7 economic, and social factors of— 

8 (A) the commercial fishing sector; and 

9 (B) the recreational fishing sector. 

10 (d) DEFINITION OF APPLICABLE COUNCIL.—In this 

11 section, the term ‘‘applicable Council’’ means— 

12 (1) the South Atlantic Fishery Management 

13 Council; or 

14 (2) the Gulf of Mexico Fishery Management 

15 Council. 

16 SEC. 102. FISHERY MANAGEMENT MEASURES. 

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

18 1852(h)) is amended— 

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

20 inserting a semicolon; 

21 (2) by redesignating paragraph (8) as para22 graph (9); and 

23 (3) by inserting after paragraph (7) the fol24 lowing: 


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1 ‘‘(8) have the authority to use fishery manage2 ment measures in a recreational fishery (or the rec3 reational component of a mixed-use fishery) in devel4 oping a fishery management plan, plan amendment, 

5 or proposed regulations, such as extraction rates, fish6 ing mortality targets, harvest control rules, or tradi7 tional or cultural practices of native communities; 

8 and’’. 

9 (b) REPORT.—Not later than 180 days after the date 

10 of enactment of this Act, the Secretary of Commerce shall 

11 submit to the appropriate committees of Congress a report 

12 that describes any actions pursuant to paragraph (8) of sec13 tion 302(h) of the Magnuson-Stevens Fishery Conservation 

14 and Management Act (16 U.S.C. 1852(h)), as added by sub15 section (a). 

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

17 section 302(h) of the Magnuson-Stevens Fishery Conserva18 tion and Management Act (16 U.S.C. 1852(h)), as added 

19 by subsection (a), shall be construed to affect management 

20 of any fishery not described in such paragraph (8). 

21 SEC. 103. STUDY OF LIMITED ACCESS PRIVILEGE PRO22 GRAMS FOR MIXED-USE FISHERIES. 

23 (a) STUDY ON LIMITED ACCESS PRIVILEGE PRO24 GRAMS.— 


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1 (1) IN GENERAL.—Not later than 2 years after 

2 the date of enactment of this Act, the Ocean Studies 

3 Board of the National Academies of Sciences, Engi4 neering, and Medicine shall— 

5 (A) complete a study on the use of limited 

6 access privilege programs in mixed-use fisheries, 

7 including— 

8 (i) an assessment of progress in meet9 ing the goals of the program and this Act; 

10 (ii) an assessment of the social, eco11 nomic, and ecological effects of the program, 

12 considering each sector of a mixed-use fish13 ery and related businesses, coastal commu14 nities, and the environment; 

15 (iii) an assessment of any impacts to 

16 stakeholders in a mixed-use fishery caused 

17 by a limited access privilege program; 

18 (iv) recommendations of policies to ad19 dress any impacts identified under clause 

20 (iii); and 

21 (v) identification of and recommenda22 tion of the different factors and information 

23 that should be considered when designing, 

24 establishing, or maintaining a limited ac25 cess privilege program in a mixed-use fishVerDate Sep 11 2014 22:58 Jun 05, 2018 Jkt 079200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6203 E:\BILLS\S1520.RS S1520

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1 ery to mitigate any impacts identified in 

2 clause (iii); and 

3 (B) submit to the appropriate committees of 

4 Congress a report on the study under subpara5 graph (A), including the recommendations under 

6 clauses (iv) and (v) of subparagraph (A). 

7 (2) EXCLUSION.—The study described in this 

8 subsection shall not include the areas covered by the 

9 North Pacific Fishery Management Council. 

10 (b) TEMPORARY MORATORIUM.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (2), with respect to applicable Councils, there 

13 shall be a moratorium on the submission and ap14 proval of a limited access privilege program for a 

15 mixed-used fishery for 2 years after the date of enact16 ment of this Act. 

17 (2) EXCEPTION.—Subject to paragraph (3), an 

18 applicable Council may submit, and the Secretary of 

19 Commerce may approve, for a mixed-use fishery that 

20 is managed under a limited access system, a limited 

21 access privilege program if such program was part of 

22 a pending fishery management plan or plan amend23 ment before the date of enactment of this Act. 

24 (3) MANDATORY REVIEW.—An applicable Coun25 cil that approves a limited access privilege program 


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1 under paragraph (2) shall, upon issuance of the re2 port required under subparagraph (a), review and, to 

3 the extent practicable, revise the limited access privi4 lege program to be consistent with the recommenda5 tions of the report or any subsequent statutory or reg6 ulatory requirements designed to implement the rec7 ommendations of the report. 

8 (4) LIMITED ACCESS PRIVILEGE PROGRAM.— 

9 Nothing in this section may be construed to affect a 

10 limited access privilege program approved by the Sec11 retary of Commerce before the date of enactment of 

12 this Act. 

13 (5) APPLICABLE COUNCIL.—In this subsection, 

14 the term ‘‘applicable Council’’ means— 

15 (A) the Gulf of Mexico Fishery Management 

16 Council; 

17 (B) the South Atlantic Fishery Management 

18 Council; or 

19 (C) the Mid-Atlantic Fishery Management 

20 Council. 

21 SEC. 104. REBUILDING OVERFISHED FISHERIES. 

22 Section 304(e) (16 U.S.C. 1854(e)) is amended— 

23 (1) in paragraph (4), by amending subpara24 graph (A)(ii) to read as follows: 


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1 ‘‘(ii) not exceed the shortest time pos2 sible within which the stock of fish would be 

3 rebuilt without fishing occurring, plus one 

4 mean generation, unless management meas5 ures under international agreement in 

6 which the United States participates dictate 

7 otherwise;’’; and 

8 (2) in paragraph (7)— 

9 (A) by redesignating subparagraphs (A) 

10 and (B) as clauses (i) and (ii); 

11 (B) by striking ‘‘(7) The Secretary’’ and in12 serting the following: 

13 ‘‘(7)(A) The Secretary’’; 

14 (C) by striking ‘‘If the Secretary’’ and in15 serting the following: 

16 ‘‘(B) If the Secretary’’; 

17 (D) in subparagraph (A), as so redesig18 nated, by striking ‘‘two years’’ and inserting the 

19 following: ‘‘2 years. The Secretary shall find that 

20 adequate progress toward ending overfishing and 

21 rebuilding affected fish stocks has not resulted 

22 if— 

23 ‘‘(i) the status of the stock is not improving, 

24 such that it becomes unlikely that the stock will 

25 be rebuilt within the rebuilding time period; 


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1 ‘‘(ii) the applicable fishing mortality rate 

2 or catch limits are exceeded, and the causes and 

3 rebuilding consequences of such exceedances have 

4 not been corrected; 

5 ‘‘(iii) the rebuilding expectations are sig6 nificantly changed due to new information about 

7 the status of the stock, and the new information 

8 indicates that less progress than expected has 

9 been made toward rebuilding the stock; or 

10 ‘‘(iv) for other reasons, as appropriate.’’; 

11 and 

12 (E) by adding at the end the following: 

13 ‘‘(C) A Council shall not adopt, and the Sec14 retary shall not approve, a fishery management plan, 

15 plan amendment, or proposed regulation required 

16 under this subsection for any fishery that has pre17 viously been under such a plan that did not rebuild 

18 such fishery to the biomass necessary to achieve max19 imum sustainable yield, as determined by the Coun20 cil’s scientific and statistical committee, unless the 

21 new plan, amendment, or proposed regulation has at 

22 least a 75 percent chance of rebuilding the fishery 

23 within the time limit proposed by the Council, as cal24 culated by the Council’s scientific and statistical com25 mittee pursuant to section 302(g)(1)(B).’’. 


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1 SEC. 105. AUTHORIZATION FOR MULTISPECIES COMPLEXES 

2 AND MULTIYEAR CATCH LIMITS. 

3 Section 302 (16 U.S.C. 1852) is amended by adding 

4 at the end the following: 

5 ‘‘(m) AUTHORIZATION FOR MULTISPECIES COM6 PLEXES AND MULTIYEAR CATCH LIMITS.—For purposes of 

7 subsection (h)(6), a Council may establish— 

8 ‘‘(1) an annual catch limit for a stock complex; 

9 or 

10 ‘‘(2) annual catch limits for each year in any 

11 continuous period that is not more than 3 years in 

12 duration.’’. 

13 SEC. 106. EXEMPTED FISHING PERMITS. 

14 (a) OBJECTIONS.—If the Fishery Management Coun15 cil, the Interstate Marine Fisheries Commission, or the fish 

16 and wildlife agency of an affected State objects to the ap17 proval and issuance of an exempted fishing permit under 

18 section 600.745 of title 50, Code of Federal Regulations, or 

19 any successor regulation, the Regional Administrator of the 

20 National Marine Fisheries Service who issued such exempt21 ed fishing permit shall respond to such entity in writing 

22 detailing why such exempted fishing permit was issued. 

23 (b) 12-MONTH FINDING.—At the end of the 12-month 

24 period beginning on the date the exempted fishing permit 

25 is issued under section 600.745 of title 50, Code of Federal 

26 Regulations, or any successor regulation, the Council that 


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1 prepared the fishery management plan, or the Secretary in 

2 the case of a fishery management plan prepared and imple3 mented by the Secretary, shall review the exempted fishing 

4 permit and determine whether any unintended negative im5 pacts have occurred that would warrant the discontinuation 

6 of the permit. 

7 (c) SAVINGS PROVISION.—Nothing in this section may 

8 be construed to affect an exempted fishing permit approved 

9 under section 600.745 of title 50, Code of Federal Regula10 tions, before the date of enactment of this Act. 

11 TITLE II—RECREATION FISHERY 

12 INFORMATION, RESEARCH, 

13 AND DEVELOPMENT 

14 SEC. 201. COOPERATIVE DATA COLLECTION. 

15 (a) IMPROVING DATA COLLECTION AND ANALYSIS.— 

16 Section 404 (16 U.S.C. 1881c) is amended by adding at 

17 the end the following: 

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

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

20 the date of enactment of the Modernizing Recreational 

21 Fisheries Management Act of 2017, the Secretary 

22 shall develop, in consultation with the science and 

23 statistical committees of the Councils established 

24 under section 302(g) and the Marine Fisheries Com25 missions, and submit to the Committee on Commerce, 


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1 Science, and Transportation of the Senate and the 

2 Committee on Natural Resources of the House of Rep3 resentatives a report on facilitating greater incorpo4 ration of data, analysis, stock assessments, and sur5 veys from State agencies and nongovernmental 

6 sources described in paragraph (2), to the extent such 

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

8 fisheries management decisions. 

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

10 paragraph (1), the Secretary shall— 

11 ‘‘(A) identify types of data and analysis, es12 pecially concerning recreational fishing, that can 

13 be used for purposes of this Act as the basis for 

14 establishing conservation and management meas15 ures as required by section 303(a)(1), including 

16 setting standards for the collection and use of 

17 that data and analysis in stock assessments and 

18 surveys and for other purposes; 

19 ‘‘(B) provide specific recommendations for 

20 collecting data and performing analyses identi21 fied as necessary to reduce uncertainty in and 

22 improve the accuracy of future stock assessments, 

23 including whether such data and analysis could 

24 be provided by nongovernmental sources; and 


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1 ‘‘(C) consider the extent to which the accept2 ance and use of data and analyses identified in 

3 the report in fishery management decisions is 

4 practicable and compatible with the require5 ments of section 301(a)(2).’’. 

6 (b) NAS REPORT RECOMMENDATIONS.—The Secretary 

7 of Commerce shall take into consideration and, to the extent 

8 feasible, implement the recommendations of the National 

9 Academy of Sciences in the report entitled ‘‘Review of the 

10 Marine Recreational Information Program (2017)’’, and 

11 shall submit, every 2 years following the date of enactment 

12 of this Act, a report to the appropriate committees of Con13 gress detailing progress made implementing those rec14 ommendations. Recommendations considered shall in15 clude— 

16 (1) prioritizing the evaluation of electronic data 

17 collection, including smartphone applications, elec18 tronic diaries for prospective data collection, and an 

19 internet website option for panel members or for the 

20 public; 

21 (2) evaluating whether the design of the Marine 

22 Recreational Information Program for the purposes of 

23 stock assessment and the determination of stock man24 agement reference points is compatible with the needs 

25 of in-season management of annual catch limits; and 


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1 (3) if the Marine Recreational Information Pro2 gram is incompatible with the needs of in-season 

3 management of annual catch limits, determining an 

4 alternative method for in-season management. 

5 SEC. 202. RECREATIONAL DATA COLLECTION. 

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

7 (1) in subsection (g)— 

8 (A) by redesignating paragraph (4) as 

9 paragraph (5); and 

10 (B) by inserting after paragraph (3) the fol11 lowing: 

12 ‘‘(4) FEDERAL-STATE PARTNERSHIPS.— 

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

14 establish a partnership with a State to develop 

15 best practices for implementing the State pro16 gram established under paragraph (2). 

17 ‘‘(B) GUIDANCE.—The Secretary shall de18 velop guidance, in cooperation with the States, 

19 that details best practices for administering 

20 State programs pursuant to paragraph (2), and 

21 provide such guidance to the States. 

22 ‘‘(C) BIENNIAL REPORT.—The Secretary 

23 shall submit to the appropriate committees of 

24 Congress and publish biennial reports that in25 clude— 


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1 ‘‘(i) the estimated accuracy of— 

2 ‘‘(I) the information provided 

3 under subparagraphs (A) and (B) of 

4 paragraph (1) for each registry pro5 gram established under that para6 graph; and 

7 ‘‘(II) the information from each 

8 State program that is used to assist in 

9 completing surveys or evaluating effects 

10 of conservation and management meas11 ures under paragraph (2); 

12 ‘‘(ii) priorities for improving rec13 reational fishing data collection; and 

14 ‘‘(iii) an explanation of any use of in15 formation collected by such State programs 

16 and by the Secretary. 

17 ‘‘(D) STATES GRANT PROGRAM.—The Sec18 retary may make grants to States to improve 

19 implementation of State programs consistent 

20 with this subsection, and assist such programs in 

21 complying with requirements related to changes 

22 in recreational data collection under paragraph 

23 (3). Any funds awarded through such grants 

24 shall be used to support data collection, quality 

25 assurance, and outreach to entities submitting 


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1 such data. The Secretary shall prioritize such 

2 grants based on the ability of the grant to im3 prove the quality and accuracy of such pro4 grams.’’; and 

5 (2) by adding at the end the following: 

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

7 ‘‘(1) within 90 days after the date of the enact8 ment of the Modernizing Recreational Fisheries Man9 agement Act of 2018, enter into an agreement with 

10 the National Academy of Sciences to evaluate, in the 

11 form of a report— 

12 ‘‘(A) how the design of the Marine Rec13 reational Information Program, for the purposes 

14 of stock assessment and the determination of 

15 stock management reference points, can be im16 proved to better meet the needs of in-season man17 agement of annual catch limits under section 

18 303(a)(15); and 

19 ‘‘(B) what actions the Secretary, Councils, 

20 and States could take to improve the accuracy 

21 and timeliness of data collection and analysis to 

22 improve the Marine Recreational Information 

23 Program and facilitate in-season management; 

24 and 


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1 ‘‘(2) within 6 months after receiving the report 

2 under paragraph (1), submit to Congress rec3 ommendations regarding— 

4 ‘‘(A) changes to be made to the Marine Rec5 reational Information Program to make the pro6 gram better meet the needs of in-season manage7 ment of annual catch limits and other require8 ments under such section; and 

9 ‘‘(B) alternative management approaches 

10 that could be applied to recreational fisheries for 

11 which the Marine Recreational Information Pro12 gram is not meeting the needs of in-season man13 agement of annual catch limits, consistent with 

14 other requirements of this Act, until such time as 

15 the changes in subparagraph (A) are imple16 mented.’’. 

17 TITLE III—RULE OF 

18 CONSTRUCTION 

19 SEC. 301. RULE OF CONSTRUCTION. 

20 Nothing in this Act shall be construed as modifying 

21 the requirements of sections 301(a), 302(h)(6), or 

22 303(a)(15) of the Magnuson-Stevens Fishery Conservation 

23 and Management Act (16 U.S.C. 1851(a); 1852(h)(6); 

24 1853(a)(15)). 


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Calendar No. 441 

115TH CONGRESS 

2D SESSION S. 1520 

[Report No. 115–264] 

A BILL 

To expand recreational fishing opportunities 

and management, and for other purposes. through enhanced marine fishery conservation 

JUNE 5, 2018 

Reported with an amendment 


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