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S. 1520 — what changed

Modernizing Recreational Fisheries Management Act of 2018

From Reported in Senate to Engrossed in Senate. 8 sections amended, 1 added, and 3 removed between Reported in Senate and Engrossed in Senate.

Section 1 Short title; table of contents; references

(a)
changed Short title— This Act may be cited as the “Modernizing Recreational Fisheries Management Act of 2017”.2018”.
(b)
Table of contents— The table of contents of this Act is as follows:
(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

added Section 2(a) (16 U.S.C. 1801(a)) is amended by adding at the end the following:

added “(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.”

(a)
removed Recreational fishing— Section 2(a) (16 U.S.C. 1801(a)) is amended by adding at the end the following:

removed “(13) While both provide significant cultural and economic benefits to the Nation, recreational fishing and commercial fishing are fundamentally different activities, therefore requiring management approaches adapted to the characteristics of each sector.”

(b)
removed Technical correction— Section 2(a)(3) (16 U.S.C. 1801(a)(3)) is amended to read as follows:

removed “(3) Commercial and recreational fishing constitute major sources of employment and contribute significantly to the economy of the Nation. Many coastal areas are dependent upon fishing and related activities.”

Sec. 3 Definitions

In this Act:

(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)
changed Mixed-use fishery— The term mixed-used mixed-use fishery means a Federal fishery in which two 2 or more of the following occur:
(A)
Recreational fishing.
(B)
Charter fishing.
(C)
Commercial fishing.

Sec. 101 Process for allocation review for South Atlantic and Gulf of Mexico mixed-use fisheries

(a)
changed Study of allocations in mixed-Use mixed-use fisheries— Not later than 60 days 1 year after the date of enactment of this Act, the Secretary Comptroller General of Commerce shall enter into an arrangement with the National Academy of Sciences to United States shall conduct a study of South Atlantic and Gulf submit to the appropriate committees of Mexico Congress a report on mixed-use fisheries—fisheries in each applicable Council’s jurisdiction, which shall include—
(1)
changed to provide guidance to each applicable Council recommendations on criteria that could be used by such Councils for allocating or reallocating fishing privileges, privileges in the preparation of a fishery management plan or plan amendment, including consideration of the conservation and socioeconomic benefits of the commercial, recreational, ecological, conservation, economic, and charter components social factors of a fishery, in the preparation each component of a fishery management plan;mixed-use fishery;
(2)
changed to identify identification of the sources of information that could reasonably support the use of such criteria in allocation decisions; anddecisions;
(3)
changed to develop procedures an assessment of the budgetary requirements for performing periodic allocation reviews and potential adjustments in allocations.for each applicable Council; and
(4)
added developing recommendations of procedures for allocation reviews and potential adjustments in allocation.
(b)
changed Report—Consultation with stakeholders— Not later than 1 year after The Comptroller General of the date an arrangement is entered into under subsection (a), United States shall consult with the National Academy Oceanic and Atmospheric Administration, the applicable Councils, the Science and Statistical Committees of Sciences shall submit 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 appropriate committees of Congress a report on extent practicable, in conducting the study conducted required under that subsection.subsection (a).
(c)
added Definition of applicable council— In this section, the term applicable Council means—
(c)
removed Process for allocation review and establishment—
(1)
removed In general— Not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, an applicable Council shall perform a review of the allocations to the commercial fishing sector and the recreational fishing sector of all applicable fisheries in its jurisdiction.
(2)
removed Considerations— In conducting a review under paragraph (1), an applicable Council shall consider, in each allocation decision, the conservation and socioeconomic benefits of—
(A)
removed the commercial fishing sector; and
(B)
removed the recreational fishing sector.
(d)
removed Definition of applicable Council— In this section, the term applicable Council means—
(1)
renumbered was (5)(3) the South Atlantic Fishery Management Council; or
(2)
renumbered was (5)(4) 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:

changed “(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 alternative 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, including such as extraction rates, fishing mortality targets, harvest control rules, or traditional or cultural practices of native communities; communities in such fishery or fishery component; and”

(b)
changed 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 summarizing the alternative fishery management measures each mixed-use fishery plans that describes any actions pursuant to implement under paragraph (8) of section 302(h)(8) 302(h) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(h)(8)), 1852(h)), as amended.added by subsection (a).
(c)
added 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)
added 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—
(a)
removed Study on limited access privilege programs—
(1)
removed In general— Not later than 1 year after the date of enactment of this Act, the Ocean Studies Board of the National Academies of Sciences, Engineering, and Medicine shall—
(A)
removed study the use of limited access privilege programs in mixed-use fisheries, including—
(i)
removed identifying any inequities caused by a limited access privilege program;
(ii)
removed recommending policies to address the inequities identified in clause (i), such as—
(I)
removed referenda that cover all participants and sectors in the fishery before establishment, not just the commercial sector participants;
(II)
removed auctions or lotteries for quota assignment in lieu of free quota transfers;
(III)
removed limited duration of access privileges with periodic auction to assign quota ownership;
(IV)
removed mandatory sector allocation analyses prior to quota assignment; and
(V)
removed compensated reallocation plans to allow allocations to shift as demand and demographics shift; and
(iii)
removed identifying and recommending the different factors and information a mixed-use fishery should consider when designing, establishing, or maintaining a limited access privilege program to mitigate any inequities identified in clause (i); and
(B)
removed submit to the appropriate committees of Congress a report on the study under subparagraph (A), including the recommendations under clauses (ii) and (iii) of subparagraph (A).
(1)
changed Considerations— In conducting the complete a study under paragraph (1), on the Ocean Studies Board shall consider, at a minimum—use of limited access privilege programs in mixed-use fisheries, including—
(A)
added an assessment of progress in meeting the goals of the program and this Act;
(B)
changed an assessment of the community impacts social, economic, and ecological effects of assignment the program, considering each sector of quota to only one sector;a mixed-use fishery and related businesses, coastal communities, and the environment;
(C)
changed the disenfranchisement in the management process an assessment of any impacts to stakeholders in a sector not assigned quota; andmixed-use fishery caused by a limited access privilege program;
(D)
changed the loss recommendations of public resource rent.policies to address any impacts identified under subparagraph (C);
(E)
added 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
(F)
added 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)
added 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)
added 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.
(b)
removed Temporary moratorium—
(1)
removed In general— Except as provided in paragraph (2), there shall be a moratorium on the submission and approval of a limited access privilege program for a mixed-used fishery until the date that the report is submitted under subsection (a)(1)(B).
(2)
removed Exception— Subject to paragraph (3), a Council may submit, and the Secretary of Commerce may approve, for a mixed-use fishery that is managed under a limited access system, a limited access privilege program if such program was part of a pending fishery management plan or plan amendment before the date of enactment of this Act.
(3)
removed Mandatory review— A Council that approves a limited access privilege program under paragraph (2) shall, upon issuance of the report required under subparagraph (a), review and, to the extent practicable, revise the limited access privilege program to be consistent with the recommendations of the report or any subsequent statutory or regulatory requirements designed to implement the recommendations of the report.
(4)
removed Rule of construction— Nothing in this section may be construed to affect a limited access privilege program approved by the Secretary of Commerce before the date of enactment of this Act.

Sec. 104 Rebuilding overfished fisheries

removed

removed Section 304(e)(4)(A) (16 U.S.C. 1854(e)(4)(A)) is amended to read as follows:

removed “(A) specify a time period for rebuilding the fishery that—

removed “(i) shall be as short as possible, taking into account the status and biology of any overfished stock of fish, the needs of fishing communities, recommendations by international organizations in which the United States participates, and the interaction of the overfished stock of fish within the marine ecosystem; and

removed “(ii) except where management measures under an international agreement in which the United States participates dictate otherwise, shall not exceed—

removed “(I) 10 years; or

removed “(II) the sum of the time in which the affected stock of fish is expected to surpass its maximum sustainable yield biomass level in the absence of fishing mortality, and the mean generation of time of the affected stock of fish;”

Sec. 105 Modifications to the annual catch limit requirement

removed
(a)
removed Regional Fishery Management Councils— Section 302 (16 U.S.C. 1852) is amended by adding at the end the following:

removed “(m) Considerations for modifications to annual catch limit requirements

removed “(1) Annual catch limit requirement for certain data-poor fisheries—Notwithstanding subsection (h)(6), in the case of a stock of fish for which the total annual catch limit is 25 percent or more below the overfishing limit, a peer-reviewed stock survey and stock assessment have not been performed during the preceding 5 fishing years, and the stock is not subject to overfishing, a Council may, after notifying the Secretary, maintain the current annual catch limit for the stock until a peer-reviewed stock survey and stock assessment are conducted and the results can be considered by the Council and its scientific and statistical committee.

removed “(2) Authorization for multispecies complexes and multiyear annual catch limits—For purposes of subsection (h)(6), a Council may establish—

removed “(A) an annual catch limit for a stock complex; or

removed “(B) annual catch limits for each year in any continuous period that is not more than 3 years in duration.

removed “(3) Rule of construction—Nothing in this subsection shall be construed as providing an exemption from the requirements of section 301(a) of this Act.”

(b)
removed Action by the Secretary— Section 304 (16 U.S.C. 1854) is amended—
(1)
removed by striking “(i) International overfishing.—” and inserting “(j) International overfishing.—”;
(2)
removed in subsection (j)(1), as redesignated, by inserting “shall” before “immediately”; and
(3)
removed by adding at the end the following:

removed “(k) Stock surveys and assessments—Not later than 2 years after the date that the Secretary receives notice from a Council under section 302(m), the Secretary shall complete a peer-reviewed stock survey and stock assessment of the applicable stock of fish and transmit the results of the survey and assessment to the Council.”

Sec. 106 Exempted fishing permits

removed
(a)
removed In general— Before the approval and issuance of an exempted fishing permit under section 600.745 of title 50, Code of Federal Regulations, or any successor regulation, the Secretary of Commerce shall—
(1)
removed direct a joint peer review of the application for the exempted fishing permit by the appropriate regional fisheries science center and State marine fisheries commission; and
(2)
removed certify that the Council or Federal agency with jurisdiction over the affected fishery has determined that—
(A)
removed the fishing activity to be conducted under the proposed exempted fishing permit would not negatively impact any management measures or conservation objectives included within existing fishery management plans or plan amendments;
(B)
removed the social and economic impacts in both dollar amounts and loss of fishing opportunities on all participants in each sector of the fishery expected to occur as a result of the proposed exempted fishing permit would be minimal;
(C)
removed the information that would be collected through the fishing activity to be conducted under the proposed exempted fishing permit will have a positive and direct impact on the conservation, assessment, or management of the fishery; and
(D)
removed the Governor of each coastal State potentially impacted by the proposed exempted fishing permit, as determined by the Secretary, has been consulted on the fishing activity to be conducted.
(b)
removed Duration and renewal— Beginning on the date of enactment of this Act, each exempted fishing permit issued under section 600.745 of title 50, Code of Federal Regulations, or any successor regulation—
(1)
removed shall expire at the end of the 12-month period beginning on the date the exempted fishing permit is issued; and
(2)
removed may be renewed in accordance with this section.
(c)
removed Savings provision— Except for subsection (b)(2), nothing in this section may be construed to affect an exempted fishing permit approved under section 600.745 of title 50, Code of Federal Regulations, before the date of enactment of this Act.

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

changed “(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 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) (2), to the extent such information is consistent with section 301(a)(2), into fisheries management decisions.

changed “(2) Nongovernmental sources—Nongovernmental sources referred to in Content—In developing the report under paragraph (1) include (1), the following:Secretary shall—

changed “(A) Fishermen.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;

changed “(B) Fishing communities.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

changed “(C) Universities.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).”

removed “(D) Research and philanthropic institutions.

removed “(3) Content—In developing the report under paragraph (1), the Secretary shall—

removed “(A) identify types of data and analysis, especially concerning recreational fishing, that can be reliably 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;

removed “(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 analysis could be provided by nongovernmental sources, including fishermen, fishing communities, universities, and research institutions;

removed “(C) consider the extent to which it is possible to establish a registry of persons collecting or submitting the data and performing the analyses identified under subparagraphs (A) and (B); and

removed “(D) consider the extent to which the acceptance and use of data and analyses identified in the report in fishery management decisions is practicable.”

(b)
changed NAS report recommendations— The Secretary of Commerce shall take into consideration and, to the extent feasible, implement the recommendations of the National Academy of Sciences in the report entitled “Review of the Marine Recreational Information Program (2017)”, including—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)
changed prioritizing the evaluation of electronic data collection, including smartphone applications, electronic diaries for prospective data collection, and an Internet 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)
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

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

(1)
added in subsection (g)—
(a)
removed Federal-State partnerships— Section 401(g) (16 U.S.C. 1881(g)) is amended—
(A)
renumbered was (2)(3) by redesignating paragraph (4) as paragraph (5); and
(B)
renumbered was (2)(4) 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) 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 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.

added “(D) States grant program

added “(i) In general—The Secretary may make grants to States to—

added “(I) improve implementation of State programs consistent with this subsection; and

added “(II) assist such programs in complying with requirements related to changes in recreational data collection under paragraph (3).

added “(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.”

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

added “(h) Action by Secretary—The Secretary shall—

added “(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—

added “(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

added “(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

added “(2) within 6 months after receiving the report under paragraph (1), submit to Congress recommendations regarding—

added “(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

added “(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.”

removed “(D) States grant program—The Secretary shall make grants to States to improve implementation of State programs consistent with this subsection. The Secretary shall prioritize such grants based on the ability of the grant to improve the quality and accuracy of such programs.

removed “(E) Funding—A portion of the funds made available through the Saltonstall–Kennedy Grant Program under section 2 of the Saltonstall–Kennedy Act (15 U.S.C. 713c–3) shall be provided for implementation of this section.”

(b)
removed Action by Secretary of Commerce— The Secretary of Commerce shall—
(1)
removed not later than 90 days after the date of enactment of this Act, enter into an agreement with the National Academy of Sciences to evaluate, in the form of a report, 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 under section 303(a)(15) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853(a)(1)), including whether in-season management of annual catch limits is appropriate for all recreational fisheries; and
(2)
removed not later than 180 days after the date the Secretary receives the report under paragraph (1), submit to the appropriate committees of Congress recommendations regarding—
(A)
removed changes that could be made to the Marine Recreational Information Program to make the program compatible with in-season management of annual catch limits and other requirements under section 303(a)(15) of that Act for those recreational fisheries for which in-season management of annual catch limits is appropriate; and
(B)
removed alternative management approaches that could be applied to recreational fisheries for which the Marine Recreational Information Program is incapable of providing data at the level of accuracy and timeliness necessary for in-season management of annual catch limits, consistent with other requirements of this Act.

Sec. 301 Rule of construction

added

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