,i #aaeth ,,congress #ast ,session ,h4 ,r4 #bjbc ,,in ,,the ,,house ,,of ,,representatives ,april #f1 #bjag,mr4 ,graves of ,louisiana 7for himself1 ,mr4 ,gene ,green of ,texas1 ,mr4 ,wittman1 and ,mr4 ,webster of ,florida7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to modernize recreational fisheries management4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,modernizing ,recreational ,fisheries ,management ,act of #bjag4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,references to the ,magnuson-,stevens ,fishery ,conservation and ,management ,act4 ,sec4 #c4 ,findings4 ,title ,i--,conservation and ,management ,sec4 #aja4 ,process for allocation review for ,south ,atlantic and ,gulf of ,mexico mixed-use fisheries4 ,sec4 #ajb4 ,alternative fishery management4 ,sec4 #ajc4 ,moratorium on limited access privilege programs for mixed-use fisheries4 ,sec4 #ajd4 ,rebuilding overfished and depleted fisheries4 ,sec4 #aje4 ,modifications to the annual catch limit requirement4 ,sec4 #ajf4 ,exempted fishing permits4 ,title ,,ii--,recreation ,fishery ,information1 ,research1 and ,development ,sec4 #bja4 ,cooperative data collection4 ,sec4 #bjb4 ,recreational data collection4 #b4 ,references to the ,magnuson-,stevens ,fishery ,conservation and ,management ,act ,except as otherwise expressly provided1 wherever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq474 #c4 ,findings 7a7 ,recreational fishing ,section #b7;a7 7#af ,u4,s4,c4 #ahja7;a77 is amended by adding at the end the following3 7#ac7 ,while both provide significant cultural and economic benefits to the ,nation1 recreational fishing and commercial fishing are fundamentally different activities1 therefore requiring management approaches adapted to the characteristics of each sector4 4 7b7 ,technical correction ,section #b7;a77#c7 7#af ,u4,s4,c4 #ahja7;a77#c77 is amended to read as follows3 7#c7 ,commercial and recreational fishing constitute major sources of employment and contributes significantly to the economy of the ,nation4 ,many coastal areas are dependent upon fishing and related activities4 4 ,i ,conservation and ,management #aja4 ,process for allocation review for ,south ,atlantic and ,gulf of ,mexico mixed-use fisheries 7a7 ,study of allocations in mixed-,use fisheries ,not later than #fj days after the date of enactment of this ,act1 the ,secretary of ,commerce shall enter into an arrangement with the ,national ,academy of ,sciences to conduct a study of the ,south ,atlantic and ,gulf of ,mexico mixed-use fisheries-- 7#a7 to provide guidance to the ,south ,atlantic ,fishery ,management ,council and ,gulf of ,mexico ,fishery ,management ,council on criteria that could be used for allocating fishing privileges1 including consideration of the conservation and socioeconomic benefits of the commercial1 recreational1 and charter components of a fishery1 to a ,regional ,fishery ,management ,council established under section #cjb of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheb7 in the preparation of a fishery management plan under that ,act2 7#b7 to identify sources of information that could reasonably support the use of such criteria in allocation decisions2 and 7#c7 to develop procedures for allocation reviews and potential adjustments in allocations based on the guidelines and requirements established by this section4 7b7 ,report ,pursuant to subsection 7a71 not later than #a year after the date an arrangement is entered into1 the ,national ,academy of ,sciences shall submit a report on the study to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives4 7c7 ,process for allocation review and establishment ,the ,gulf of ,mexico ,fishery ,management ,council and ,south ,atlantic ,fishery ,management ,council shall-- 7#a7 notwithstanding the report required pursuant to this section1 and any other provision of law1 shall each-- 7,a7 within #b years after the date of enactment of this ,act1 perform an initial review of the allocations to the commercial fishing sector and the recreational fishing sector of all applicable fisheries in the ,councils' respective jurisdictions2 and 7,b7 every #c years thereafter1 perform a review of such allocations2 and 7#b7 consider the conservation and socioeconomic benefits of each of the commercial fishing sector and the recreational fishing sector in any allocation decisions4 #ajb4 ,alternative fishery management 7a7 ,repeal ,section #djg7;d7 7#af ,u4,s4,c4 #ahhc71 and the corresponding reference in the table of contents1 are repealed4 7b7 ,management ,section #cjb7;h7 7#af ,u4,s4,c4 #aheb7;h77 is amended by striking and after the semicolon at the end of paragraph 7#g71 by redesignating paragraph 7#h7 as paragraph 7#i71 and by inserting the following after paragraph 7#g73 7#h7 have the authority to use alternative fishery management measures in a recreational fishery 7or the recreational component of a mixed-use fishery7 in developing a fishery management plan1 plan amendment1 or proposed regulations1 which may include extraction rates1 fishing mortality targets1 harvest control rules1 or traditional or cultural practices of native communities2 and 4 7c7 ,summary ,within #ahj days after the date of the enactment of this ,act1 the ,secretary of ,commerce shall transmit a summary to ,congress that describes actions to implement this subsection4 #ajc4 ,moratorium on limited access privilege programs for mixed-use fisheries ,for areas under the jurisdiction of the ,gulf of ,mexico ,fishery ,management ,council or the ,south ,atlantic ,fishery ,management ,council1 there shall be a moratorium on the development or consideration of any new limited access privilege program for any mixed-use fisheries consisting of both commercial and recreational fishing sectors4 #ajd4 ,rebuilding overfished and depleted fisheries ,section #cjd7;e77#d77;,a7 7#af ,u4,s4,c4 #ahed7;e77#d77;,a77 is amended to read as follows3 7,a7 specify a time period for rebuilding the fishery that-- 7i7 shall be as short as practicable1 taking into account the status and biology of any overfished stock of fish1 the needs of fishing communities1 recommendations by international organizations in which the ,united ,states participates1 and the interaction of the overfished stock of fish within the marine ecosystem2 and 7ii7 except where management measures under an international agreement in which the ,united ,states participates dictate otherwise1 shall not exceed-- 7,i7 #aj years1 except in cases where the biology of the stock of fish or other environmental conditions dictate otherwise2 or 7,,ii7 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 mortality1 and the mean generation of time of the affected stock of fish4 4 #aje4 ,modifications to the annual catch limit requirement ,section #cjb 7#af ,u4,s4,c4 #aheb7 is amended by adding at the end the following3 7m7 ,considerations for modifications to annual catch limit requirements 7#a7 ,consideration of ecosystem and economic impacts ,in establishing annual catch limits a ,council may1 consistent with subsection 7h77#f71 consider changes in an ecosystem and the economic needs of fishing communities4 7#b7 ,limitations to annual catch limit requirement for special fisheries ,notwithstanding subsection 7h77#f71 a ,council is not required to develop an annual catch limit for-- 7,a7 an ecosystem-component species2 7,b7 a fishery for a species that has a life cycle of approximately #a year1 unless the ,secretary has determined the fishery is subject to overfishing2 7,c7 a stock of fish for which-- 7i7 fishing mortality is below the fishing mortality target2 and 7ii7 a peer-reviewed stock survey and stock assessment have not been performed during the preceding #e-year period2 7,d7 the ,secretary determines that overfishing is not occurring2 or 7,e7 for a sector of a fishery that is not monitored by a data collection system determined by the ,secretary to be adequate for the development1 implementation1 and enforcement of annual catch limits specific to that sector1 based on the evaluation recommended by the ,national ,academy of ,sciences in its report entitled ,review of the ,marine ,recreational ,information ,program 7#bjag7 of whether the design of a ,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 limits4 7#c7 ,authorization for multispecies complexes and multiyear annual catch limits ,for purposes of subsection 7h77#f71 a ,council may establish-- 7,a7 an annual catch limit for a stock complex2 or 7,b7 annual catch limits for each year in any continuous period that is not more than three years in duration4 7#d7 ,ecosystem-component species defined ,in this subsection the term ecosystem-component species means-- 7,a7 a stock of fish that is a non-target1 incidentally harvested stock of fish in a fishery2 or 7,b7 a nontarget1 incidentally harvested stock of fish that a ,council or the ,secretary has determined-- 7i7 is not subject to overfishing1 approaching a depleted condition1 or depleted2 and 7ii7 is not likely to become subject to overfishing or depleted in the absence of conservation and management measures4 4 #ajf4 ,exempted fishing permits 7a7 ,in general ,before the approval and issuance of any new exempted fishing permit under section #fjj4gde of title #ej1 ,code of ,federal ,regulations1 or any successor regulations1 the ,secretary of ,commerce shall-- 7#a7 conduct a joint peer review of the proposed exempted fishing permit by the appropriate regional fisheries science center and ,state marine fisheries commission2 and 7#b7 certify that the regional fishery management council or ,federal agency with jurisdiction over the affected fishery determined that-- 7,a7 the fishing activity conducted under the proposed exempted fishing permit would be consistent with any management measures or conservation objectives included within existing fishery management plans or amendments2 7,b7 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 minimal2 7,c7 the information collected through fishing activity conducted under the proposed exempted fishing permit will have a positive and direct impact on the conservation1 assessment1 or management of the fishery2 and 7,d7 the ,governor of each ,state1 any part of which is located within #ajj nautical miles of the proposed activity under the exempted fishing permit has been consulted on the proposed exempted fishing permit4 7b7 ,duration and renewal ,any exempted fishing permit-- 7#a7 shall expire at the end of the #ab-month period beginning on the date the permit is issued2 and 7#b7 may be renewed consistent with this section4 ,,ii ,recreation ,fishery ,information1 ,research1 and ,development #bja4 ,cooperative data collection 7a7 ,improving data collection and analysis ,section #djd 7#af ,u4,s4,c4 #ahha;c7 is amended by adding at the end the following3 7e7 ,improving data collection and analysis 7#a7 ,in general ,the ,secretary1 in consultation with the science and statistical committees of the ,councils established under section #cjb7;g7 and the ,marine ,fisheries ,commissions1 shall develop and submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives by not later than #a year after the date of the enactment of the ,modernizing ,recreational ,fisheries ,management ,act of #bjag a report on facilitating greater incorporation of data1 analysis1 stock assessments1 and surveys from ,state agencies and nongovernmental sources described in paragraph 7#b7 into fisheries management decisions4 7#b7 ,nongovernmental sources ,nongovernmental sources referred to in paragraph 7#a7 are the following3 7,a7 ,fishermen4 7,b7 ,fishing communities4 7,c7 ,universities4 7,d7 ,research institutions4 7#c7 ,content ,the report under paragraph 7#a7 shall-- 7,a7 identify types of data and analysis1 especially concerning recreational fishing1 that can be reliably used for purposes of this ,act and the basis for establishing conservation and management measures as required by section #cjc7;a77#a71 including setting standards for the collection and use of that data and analysis in stock assessments and surveys and for other purposes2 7,b7 provide specific recommendations for collecting data and performing analyses identified as necessary to reduce uncertainty in and improve the accuracy of future stock assessments1 including whether such data and analysis could be provided by nongovernmental sources1 including fishermen1 fishing communities1 universities1 and research institutions2 7,c7 consider the extent to which it is possible to establish a registry of persons providing such information2 and 7,d7 consider the extent to which the acceptance and use of data and analyses identified in the report in fishery management decisions is practicable4 4 7b7 ,,nas report recommendations ,the ,secretary of ,commerce shall take into consideration and1 to the extent feasible1 implement the recommendations of the ,national ,academy of ,sciences in its report entitled ,review of the ,marine ,recreational ,information ,program 7#bjag71 including-- 7#a7 prioritizing the evaluation of electronic data collection for the ,fishing ,effort ,survey1 including smartphone apps1 electronic diaries for prospective data collection1 and an ,internet website option for all or just panel members2 and 7#b7 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 and1 if such program is incompatible with such needs1 determining an alternative method for in-season management4 #bjb4 ,recreational data collection 7a7 ,federal-,state partnerships ,section #dja7;g7 7#af ,u4,s4,c4 #ahha7;g77 is amended by redesignating paragraph 7#d7 as paragraph 7#e71 and by inserting after paragraph 7#c7 the following3 7#d7 ,federal-,state partnerships 7,a7 ,establishment ,the ,secretary shall establish partnerships with ,states to develop best practices for implementation of ,state programs established pursuant to paragraph 7#b74 7,b7 ,guidance ,the ,secretary shall develop guidance1 in cooperation with the ,states1 that details best practices for administering ,state programs pursuant to paragraph 7#b71 and provide such guidance to the ,states4 7,c7 ,biennial report ,the ,secretary shall submit to the ,congress and publish biennial reports that include-- 7i7 the estimated accuracy of the registry program established under paragraph 7#a7 and of ,state programs that are exempted under paragraph 7#b72 7ii7 priorities for improving recreational fishing data collection2 and 7iii7 an explanation of any use of information collected by such ,state programs and by the ,secretary1 including a description of any consideration given to the information by the ,secretary4 7,d7 ,states grant program ,the ,secretary shall make grants to ,states to improve implementation of ,state programs consistent with this subsection4 ,the ,secretary shall prioritize such grants based on the ability of the grant to improve the quality and accuracy of such programs4 7,e7 ,funding ,a portion of the funds appropriated to the ,marine ,recreational ,information ,program shall be provided for implementation of this section4 4 7b7 ,action by ,secretary ,the ,secretary of ,commerce shall-- 7#a7 within #ij days after the date of enactment of this ,act1 enter into an agreement with the ,national ,academy of ,sciences to evaluate1 in the form of a report1 whether the design of the ,marine ,recreational ,information ,program1 for the purposes of stock assessment and the determination of stock management reference points1 is compatible with the needs of in-season management of annual catch limits under section #cjc7;a77#ae7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahec7;a77#a771 including whether in-season management of annual catch limits is appropriate for all recreational fisheries2 and 7#b7 within #f months after receiving the report under paragraph 7#a71 submit to ,congress recommendations of changes to 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 such section for those recreational fisheries for which in-season management of annual catch limits is appropriate4