[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:
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(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--
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(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
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(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
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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
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``(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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