SEC. 205. LIMITATION ON FUTURE CATCH SHARE PRO-
GRAMS. 
(a) CATCH SHARE DEFINED.—Section 3 (16 U.S.C. 
1802) is amended by inserting after paragraph (2) the fol-
lowing: 
‘‘(2a) The term ‘catch share’ means any fishery 
management program that allocates a specific per-
centage of the total allowable catch for a fishery, or 
a specific fishing area, to an individual, cooperative, 
community, processor, representative of a commercial 
sector, or regional fishery association established in 
accordance with section 303A(c)(4), or other entity.’’. 
(b) CATCH SHARE REFERENDUM PILOT PROGRAM.— 
(1) IN
GENERAL.—Section 303A(c)(6)(D) (16 
U.S.C. 1853a(c)(6)(D)) is amended to read as follows: 
‘‘(D) CATCH
SHARE
REFERENDUM
PILOT 
PROGRAM.— 
‘‘(i) The New England, Mid-Atlantic, 
South Atlantic, and Gulf of Mexico Councils 
may not submit a fishery management plan 
or amendment that creates a catch share 
program for a fishery, and the Secretary 
may not approve or implement such a plan 
or amendment submitted by such a Council 
or a Secretarial plan or amendment under 
section 304(c) that creates such a program, 
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unless the final program has been approved, 
in a referendum in accordance with this 
subparagraph, by a majority of the permit 
holders eligible to participate in the fishery. 
For multispecies permits in the Gulf of 
Mexico, any permit holder with landings 
from within the sector of the fishery being 
considered for the catch share program 
within the 5-year period preceding the date 
of the referendum and still active in fishing 
in the fishery shall be eligible to participate 
in such a referendum. If a catch share pro-
gram is not approved by the requisite num-
ber of permit holders, it may be revised and 
submitted for approval in a subsequent ref-
erendum. 
‘‘(ii) The Secretary may, at the request 
of the New England Fishery Management 
Council, allow participation in such a ref-
erendum for a fishery under the Council’s 
authority, by fishing vessel crewmembers 
who derive a significant portion of their 
livelihood from such fishing. 
‘‘(iii) The Secretary shall conduct a 
referendum under this subparagraph, in-
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cluding notifying all permit holders eligible 
to participate in the referendum and mak-
ing available to them— 
‘‘(I) a copy of the proposed pro-
gram; 
‘‘(II) an estimate of the costs of 
the program, including costs to partici-
pants; 
‘‘(III) an estimate of the amount 
of fish or percentage of quota each per-
mit holder would be allocated; and 
‘‘(IV) information concerning the 
schedule, procedures, and eligibility re-
quirements for the referendum process. 
‘‘(iv) For the purposes of this subpara-
graph, the term ‘permit holder eligible to 
participate’ only includes the holder of a 
permit for a fishery under which fishing 
has occurred in 3 of the 5 years preceding 
a referendum for the fishery, unless sickness, 
injury, or other unavoidable hardship pre-
vented the permit holder from engaging in 
such fishing. 
‘‘(v) The Secretary may not implement 
any catch share program for any fishery 
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managed exclusively by the Secretary unless 
first petitioned by a majority of those per-
mit holders eligible to participate in the 
fishery.’’. 
(2) LIMITATION ON APPLICATION.—The amend-
ment made by paragraph (1) shall not apply to a 
catch share program that is submitted to, or proposed 
by, the Secretary of Commerce before the date of en-
actment of this Act. 
(3) REGULATIONS.—Before conducting a ref-
erendum under the amendment made by paragraph 
(1), the Secretary of Commerce shall issue regulations 
implementing such amendment after providing an op-
portunity for submission by the public of comments 
on the regulations. 
SEC. 206. STUDY OF LIMITED ACCESS PRIVILEGE PRO-
GRAMS FOR MIXED-USE FISHERIES. 
(a) STUDY
ON LIMITED ACCESS PRIVILEGE PRO-
GRAMS.—Not later than 1 year after the date of enactment 
of this Act, the Secretary of Commerce shall seek to enter 
into an arrangement under which the Ocean Studies Board 
of the National Academies of Sciences, Engineering, and 
Medicine shall— 
(1) study the use of limited access privilege pro-
grams in mixed-use fisheries, including— 
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(A) identifying any inequities caused by a 
limited access privilege program; 
(B) recommending policies to address the 
inequities identified in subparagraph (A); and 
(C) identifying and recommending the dif-
ferent factors and information a mixed-use fish-
ery should consider when designing, establishing, 
or maintaining a limited access privilege pro-
gram to mitigate any inequities identified in 
subparagraph (A); and 
(2) submit to the appropriate committees of Con-
gress a report on the study under paragraph (1), in-
cluding the recommendations under subparagraphs 
(B) and (C) of paragraph (1). 
(b) TEMPORARY MORATORIUM.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), there shall be a moratorium on the submis-
sion and approval of a limited access privilege pro-
gram for a mixed-used fishery until the date that the 
report is submitted under subsection (a)(1)(B). 
(2) EXCEPTION.—Subject to paragraph (3), a 
Council may submit, and the Secretary of Commerce 
may approve, for a mixed- use fishery that is man-
aged under a limited access system, a limited access 
privilege program if such program was part of a 
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pending fishery management plan or plan amend-
ment before the date of enactment of this Act. 
(3) MANDATORY REVIEW.—A Council that ap-
proves a limited access privilege program under para-
graph (2) shall, upon issuance of the report required 
under subparagraph (a), review and, to the extent 
practicable, revise the limited access privilege pro-
gram to be consistent with the recommendations of the 
report or any subsequent statutory or regulatory re-
quirements designed to implement the recommenda-
tions of the report. 
(4) RULE OF CONSTRUCTION.—Nothing in this 
section may be construed to affect a limited access 
privilege program approved by the Secretary of Com-
merce before the date of enactment of this Act. 
SEC. 207. 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 this Act, the Secretary shall 
develop, in consultation with the science and statis-
tical committees of the Councils established under sec-
tion 302(g) and the Marine Fisheries Commissions, 
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and submit to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee 
on Natural Resources of the House of Representatives 
a report on facilitating greater incorporation of data, 
analysis, stock assessments, and surveys from State 
agencies and nongovernmental sources described in 
paragraph (2) into fisheries management decisions. 
‘‘(2) NONGOVERNMENTAL SOURCES.—Nongovern-
mental sources referred to in paragraph (1) include 
the following: 
‘‘(A) Fishermen. 
‘‘(B) Fishing communities. 
‘‘(C) Universities. 
‘‘(D) Research and philanthropic institu-
tions. 
‘‘(3) CONTENT.—In developing the report under 
paragraph (1), the Secretary shall— 
‘‘(A) identify types of data and analysis, es-
pecially concerning recreational fishing, that can 
be reliably used for purposes of this Act as the 
basis for establishing conservation and manage-
ment measures as required by section 303(a)(1), 
including setting standards for the collection and 
use of that data and analysis in stock assess-
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ments and surveys and for other purposes as de-
termined by the Secretary; 
‘‘(B) provide specific recommendations for 
collecting data and performing analyses identi-
fied 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, includ-
ing fishermen, fishing communities, universities, 
and research institutions; 
‘‘(C) consider the extent to which it is pos-
sible to establish a registry of persons collecting 
or submitting the data and performing the anal-
yses identified under subparagraphs (A) and 
(B); and 
‘‘(D) consider the extent to which the ac-
ceptance and use of data and analyses identified 
in the report in fishery management decisions is 
practicable.’’. 
(b) DEADLINE.—The Secretary of Commerce shall de-
velop and publish guidelines under the amendment made 
by paragraph (a) by not later than 1 year after the date 
of enactment of this Act. 
(c) NAS REPORT RECOMMENDATIONS.—The Secretary 
of Commerce shall take into consideration and, to the extent 
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feasible, implement the recommendations of the National 
Academy of Sciences in the report entitled ‘‘Review of the 
Marine Recreational Information Program (2017)’’, includ-
ing— 
(1) prioritizing the evaluation of electronic data 
collection, including smartphone applications, elec-
tronic 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 man-
agement reference points is compatible with the needs 
of in-season management of annual catch limits; and 
(3) if the Marine Recreational Information Pro-
gram is incompatible with the needs of in-season 
management of annual catch limits, determining an 
alternative method for in-season management. 
SEC. 208. RECREATIONAL FISHING DATA. 
Section 401(g) (16 U.S.C. 1881(g)) is amended by re-
designating paragraph (4) as paragraph (5), and by insert-
ing after paragraph (3) the following: 
‘‘(4) FEDERAL-STATE PARTNERSHIPS.— 
‘‘(A) ESTABLISHMENT.—The Secretary shall 
establish partnerships with States to develop best 
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practices for implementation of State programs 
established pursuant to paragraph (2). 
‘‘(B) GUIDANCE.—The Secretary shall de-
velop guidance, in cooperation with the States, 
that details best practices for administering 
State programs pursuant to paragraph (2), and 
provide such guidance to the State.’’. 
SEC. 209. MISCELLANEOUS AMENDMENTS RELATING TO 
FISHERY MANAGEMENT COUNCILS. 
(a) COUNCIL JURISDICTION FOR OVERLAPPING FISH-
ERIES.—Section 302(a)(1) (16 U.S.C. 1852(a)) is amend-
ed— 
(1) in subparagraph (A), in the second sen-
tence— 
(A) by striking ‘‘18’’ and inserting ‘‘19’’; 
and 
(B) by inserting before the period at the end 
‘‘and a liaison who is a member of the Mid-At-
lantic Fishery Management Council to represent 
the interests of fisheries under the jurisdiction of 
such Council’’; and 
(2) in subparagraph (B), in the second sen-
tence— 
(A) by striking ‘‘21’’ and inserting ‘‘22’’; 
and 
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(B) by inserting before the period at the end 
‘‘and a liaison who is a member of the New Eng-
land Fishery Management Council to represent 
the interests of fisheries under the jurisdiction of 
such Council’’. 
(b) COUNCIL SEAT.—Section 302(b)(2) (16 U.S.C. 
1852(b)(2)) is amended— 
(1) in subparagraph (A), by striking ‘‘or rec-
reational’’ and inserting ‘‘, recreational, or subsist-
ence fishing’’; and 
(2) in subparagraph (C), in the second sentence, 
by inserting ‘‘, and in the case of the Governor of 
Alaska with the subsistence fishing interests of the 
State,’’ after ‘‘interests of the State’’. 
(c) PURPOSE.—Section 2(b)(3) (16 U.S.C. 1801(b)(3)) 
is amended by striking ‘‘and recreational’’ and inserting 
‘‘, recreational, and subsistence’’. 
(d) PROHIBITION
ON CONSIDERING RED SNAPPER 
KILLED DURING REMOVAL OF OIL RIGS.—Any red snap-
per that are killed during the removal of any offshore oil 
rig in the Gulf of Mexico shall not be considered in deter-
mining under the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1801 et seq.) whether the 
total allowable catch for red snapper has been reached. 
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(e) PROHIBITION
ON CONSIDERING FISH SEIZED 
FROM FOREIGN FISHING.—Any fish that are seized from 
a foreign vessel engaged in illegal fishing activities in the 
exclusive economic zone shall not be considered in deter-
mining under the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1801 et seq.) the total al-
lowable catch for that fishery. 
TITLE III—HEALTHY FISHERIES 
THROUGH BETTER SCIENCE 
SEC. 301. HEALTHY FISHERIES THROUGH BETTER SCIENCE. 
(a) DEFINITION OF STOCK ASSESSMENT.—Section 3 
(16 U.S.C. 1802), as amended by section 102(a) of this Act, 
is further amended by redesignating the paragraphs after 
paragraph (42) in order as paragraphs (44) through (53), 
and by inserting after paragraph (42) the following: 
‘‘(43) The term ‘stock assessment’ means an eval-
uation of the past, present, and future status of a 
stock of fish, that includes— 
‘‘(A) a range of life history characteristics 
for such stock, including— 
‘‘(i) the geographical boundaries of 
such stock; and 
‘‘(ii) information on age, growth, nat-
ural mortality, sexual maturity and repro-
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duction, feeding habits, and habitat pref-
erences of such stock; and 
‘‘(B) fishing for the stock.’’. 
(b) STOCK ASSESSMENT PLAN.— 
(1) IN
GENERAL.—Section 404 (16 U.S.C. 
1881c), as amended by section 207(a) of this Act, is 
further amended by adding at the end the following: 
‘‘(f) STOCK ASSESSMENT PLAN.— 
‘‘(1) IN GENERAL.—The Secretary shall develop 
and publish in the Federal Register, on the same 
schedule as required for the strategic plan required 
under subsection (b) of this section, a plan to conduct 
stock assessments for all stocks of fish for which a 
fishery management plan is in effect under this Act. 
‘‘(2) CONTENTS.—The plan shall— 
‘‘(A) for each stock of fish for which a stock 
assessment has previously been conducted— 
‘‘(i) establish a schedule for updating 
the stock assessment that is reasonable given 
the biology and characteristics of the stock; 
and 
‘‘(ii) subject to the availability of ap-
propriations, require completion of a new 
stock assessment, or an update of the most 
recent stock assessment— 
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‘‘(I) every 5 years; or 
‘‘(II) within such other time pe-
riod specified and justified by the Sec-
retary in the plan; 
‘‘(B) for each stock of fish for which a stock 
assessment has not previously been conducted— 
‘‘(i) establish a schedule for conducting 
an initial stock assessment that is reason-
able given the biology and characteristics of 
the stock; and 
‘‘(ii) subject to the availability of ap-
propriations, require completion of the ini-
tial stock assessment within 3 years after 
the plan is published in the Federal Reg-
ister unless another time period is specified 
and justified by the Secretary in the plan; 
and 
‘‘(C) identify data and analysis, especially 
concerning recreational fishing, that, if avail-
able, would reduce uncertainty in and improve 
the accuracy of future stock assessments, includ-
ing whether such data and analysis could be pro-
vided by fishermen, fishing communities, univer-
sities, and research institutions, to the extent 
that use of such data would be consistent with 
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the requirements in section 301(a)(2) to base 
conservation and management measures on the 
best scientific information available. 
‘‘(3) WAIVER OF STOCK ASSESSMENT REQUIRE-
MENT.—Notwithstanding subparagraphs (A)(ii) and 
(B)(ii), a stock assessment is not required for a stock 
of fish in the plan if the Secretary determines that 
such a stock assessment is not necessary and justifies 
such determination in the Federal Register notice re-
quired by this subsection.’’. 
(2) 
DEADLINE.—Notwithstanding 
section 
404(f)(1) of the Magnuson-Stevens Fishery Conserva-
tion and Management Act, as amended by this sec-
tion, the Secretary of Commerce shall issue the first 
stock assessment plan under such section by not later 
than 2 years after the date of enactment of this Act. 
SEC. 302. TRANSPARENCY AND PUBLIC PROCESS. 
(a) 
ADVICE.—Section 
302(g)(1)(B) 
(16 
U.S.C. 
1852(g)(1)(B)) is amended by adding at the end the fol-
lowing: ‘‘Each scientific and statistical committee shall de-
velop such advice in a transparent manner and allow for 
public involvement in the process.’’. 
(b) 
MEETINGS.—Section 
302(i)(2) 
(16 
U.S.C. 
1852(i)(2)) is amended by adding at the end the following: 
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‘‘(G) Each Council shall make available on 
the Internet Web site of the Council— 
‘‘(i) to the extent practicable, a 
Webcast, an audio recording, or a live 
broadcast of each meeting of the Council, 
and of the Council Coordination Committee 
established under subsection (l), that is not 
closed in accordance with paragraph (3); 
and 
‘‘(ii) audio, video (if the meeting was 
in person or by video conference), or a 
searchable audio or written transcript of 
each meeting of the Council and of the meet-
ings of committees referred to in section 
(g)(1)(B) of the Council by not later than 
30 days after the conclusion of the meeting. 
‘‘(H) The Secretary shall maintain and 
make available to the public an archive of Coun-
cil and scientific and statistical committee meet-
ing audios, videos, and transcripts made avail-
able under clauses (i) and (ii) of subparagraph 
(G).’’. 
(c) FISHERY IMPACT STATEMENTS.— 
(1) REQUIREMENT.—Section 303 (16 U.S.C. 
1853) is amended— 
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‘‘(2) DEFINITIONS.—For purposes of this sub-
section: 
‘‘(A) COVERED WATERS.—The term ‘covered 
waters’ means Federal waters off the coast of 
Florida. 
‘‘(B) DIVER.—The term ‘diver’ means a 
person who is wholly or partially submerged in 
covered water and is equipped with a face mask, 
face mask and snorkel, or underwater breathing 
apparatus. 
‘‘(C) SHARK
FEEDING.—The term ‘shark 
feeding’ means— 
‘‘(i) the introduction of food or any 
other substance into covered water for the 
purpose of feeding or attracting sharks; or 
‘‘(ii) presenting food or any other sub-
stance to a shark for the purpose of feeding 
or attracting sharks. 
‘‘(3) EXCEPTION.—This subsection shall not 
apply to shark feeding conducted— 
‘‘(A) by a research institution, university, 
or government agency for research purposes; or 
‘‘(B) for the purpose of harvesting sharks.’’. 
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