US Codex
Pub. L.
Notes

Title I — Conservation and Management

115th Congress · Approved Dec 31, 2018 · 132 Stat. 5355

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 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)
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—
(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)
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)
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 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)
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 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.