Text: S.1520 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-405 (12/31/2018)

 
[115th Congress Public Law 405]
[From the U.S. Government Publishing Office]



[[Page 132 STAT. 5355]]

Public Law 115-405
115th Congress

                                 An Act


 
  To expand recreational fishing opportunities through enhanced marine 
           fishery conservation and management, and for other 
             purposes. <<NOTE: Dec. 31, 2018 -  [S. 1520]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Modernizing 
Recreational Fisheries Management Act of 2018. 16 USC 1801 note.>> 
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. <<NOTE: 16 USC 1801 note.>>  DEFINITIONS.

    In this Act:

[[Page 132 STAT. 5356]]

            (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) <<NOTE: Deadline. Reports.>>  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) <<NOTE: Recommenda- tions. Criteria.>>  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) <<NOTE: Assessment.>>  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--

[[Page 132 STAT. 5357]]

            (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) <<NOTE: 16 USC 1852 note.>>  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) <<NOTE: Deadline. Assessments.>>  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) <<NOTE: Recommenda- tions.>>  recommendations of 
                policies to address any impacts identified under 
                subparagraph (C);
                    (E) <<NOTE: Recommenda- tions.>>  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

[[Page 132 STAT. 5358]]

                    (F) <<NOTE: Review.>>  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) <<NOTE: Reports.>>  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) <<NOTE: Consultation. Reports.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Evaluations. 16 USC 1881 note.>>  NAS Report 
Recommendations.--The Secretary of Commerce shall take into 
consideration and, to the extent feasible, implement the recommendations 
of the National Academy of

[[Page 132 STAT. 5359]]

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) <<NOTE: Website.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Cooperation.>>  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) <<NOTE: Estimates.>>  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

[[Page 132 STAT. 5360]]

                                    ``(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) <<NOTE: Deadlines.>>  Action by Secretary.--The Secretary 
shall--
            ``(1) <<NOTE: Evaluation. Reports.>>  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) <<NOTE: Recommenda- tions.>>  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. <<NOTE: 16 USC 1801 note.>>  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,

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and recreational fisheries, including each component of mixed-use 
fisheries.

    Approved December 31, 2018.

LEGISLATIVE HISTORY--S. 1520:
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SENATE REPORTS: No. 115-264 (Comm. on Commerce, Science, and 
Transportation).
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.

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