An act to expand recreational fishing opportunities through enhanced marine fishery conservation and management, and for other purposes
PL 115-405 (S.1520), enacted 12/31/2018

132 STAT. 5355 
PUBLIC LAW 115–405—DEC. 31, 2018 
Public Law 115–405 
115th Congress 
An Act 
To expand recreational fishing opportunities through enhanced marine fishery con-
servation 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 CON-
SERVATION 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 con-
servation and management approaches should be adapted to 
the characteristics of each sector.’’. 
SEC. 3. DEFINITIONS. 
In this Act: 
16 USC 1801 
note. 
Modernizing 
Recreational 
Fisheries 
Management 
Act of 2018. 
16 USC 1801 
note. 
Dec. 31, 2018 
[S. 1520] 
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132 STAT. 5356 
PUBLIC LAW 115–405—DEC. 31, 2018 
(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 Manage-
ment Act (16 U.S.C. 1852). 
(3) LIMITED ACCESS PRIVILEGE PROGRAM.—The term ‘‘lim-
ited 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 amend-
ment, 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 per-
forming 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— 
Assessment. 
Recommenda- 
tions. 
Criteria. 
Deadline. 
Reports. 
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132 STAT. 5357 
PUBLIC LAW 115–405—DEC. 31, 2018 
(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 rec-
reational 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 enact-
ment 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 Manage-
ment 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 dif-
ferent 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 
Recommenda- 
tions. 
Recommenda- 
tions. 
Deadline. 
Assessments. 
16 USC 1852 
note. 
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132 STAT. 5358 
PUBLIC LAW 115–405—DEC. 31, 2018 
(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 rec-
ommendations 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 
IN-
FORMATION, RESEARCH, AND DEVEL-
OPMENT 
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 con-
sultation with the science and statistical committees of the 
Councils established under section 302(g) and the Marine Fish-
eries 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 nongovern-
mental 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 con-
cerning 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 anal-
ysis 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 Com-
merce shall take into consideration and, to the extent feasible, 
implement the recommendations of the National Academy of 
Evaluations. 
16 USC 1881 
note. 
Recommenda- 
tions. 
Consultation. 
Reports. 
Reports. 
Review. 
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132 STAT. 5359 
PUBLIC LAW 115–405—DEC. 31, 2018 
Sciences in the report entitled ‘‘Review of the Marine Recreational 
Information Program (2017)’’, and shall submit, every 2 years fol-
lowing 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 Rec-
reational Information Program for the purposes of stock assess-
ment 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 para-
graph (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 subpara-
graphs (A) and (B) of paragraph (1) for each reg-
istry 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 col-
lected 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 
Estimates. 
Cooperation. 
Determination. 
Website. 
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132 STAT. 5360 
PUBLIC LAW 115–405—DEC. 31, 2018 
‘‘(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 para-
graph (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 require-
ments 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 require-
ments under the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.) to commercial, charter, 
16 USC 1801 
note. 
Recommenda- 
tions. 
Evaluation. 
Reports. 
Deadlines. 
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132 STAT. 5361 
PUBLIC LAW 115–405—DEC. 31, 2018 
LEGISLATIVE HISTORY—S. 1520: 
SENATE REPORTS: No. 115–264 (Comm. on Commerce, Science, and Transporta-
tion). 
CONGRESSIONAL RECORD, Vol. 164 (2018): 
Dec. 17, considered and passed Senate. 
Dec. 19, considered and passed House. 
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018): 
Dec. 31, Presidential statement. 
and recreational fisheries, including each component of mixed-use 
fisheries. 
Approved December 31, 2018. 
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