#aaeth ,,congress #b;d ,session ,s4 #aebj ,,an ,,act ,to expand recreational fishing opportunities through enhanced marine fishery conservation and management1 and for other purposes4 #a4 ,short title2 table of contents2 references 7a7 ,short title ,this ,act may be cited as the ,modernizing ,recreational ,fisheries ,management ,act of #bjah4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents2 references4,sec4 #b4 ,findings4,sec4 #c4 ,definitions4,,title ,i--,conservation and management,sec4 #aja4 ,process for allocation review for ,south ,atlantic and ,gulf of ,mexico mixed-use fisheries4,sec4 #ajb4 ,fishery management measures4,sec4 #ajc4 ,study of limited access privilege programs for mixed-use fisheries4,,title ,,ii--,recreation fishery information1 research1 and development,sec4 #bja4 ,cooperative data collection4,sec4 #bjb4 ,recreational data collection4,,title ,,iii--,rule of construction,sec4 #cja4 ,rule of construction4 7c7 ,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 #b4 ,findings ,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 different activities4 ,therefore1 science-based conservation and management approaches should be adapted to the characteristics of each sector4 4 #c4 ,definitions ,in this ,act3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7,b7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7#b7 ,council ,the term ,council means any ,regional ,fishery ,management ,council established under section #cjb of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheb74 7#c7 ,limited access privilege program ,the term limited access privilege program means a program that meets the requirements of section #cjc;,a of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahec;a74 7#d7 ,mixed-use fishery ,the term mixed-use fishery means a ,federal fishery in which #b or more of the following occur3 7,a7 ,recreational fishing4 7,b7 ,charter fishing4 7,c7 ,commercial fishing4 ,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 #a year after the date of enactment of this ,act1 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 jurisdiction1 which shall include-- 7#a7 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 amendment1 including consideration of the ecological1 conservation1 economic1 and social factors of each component of a mixed-use fishery2 7#b7 identification of the sources of information that could reasonably support the use of such criteria in allocation decisions2 7#c7 an assessment of the budgetary requirements for performing periodic allocation reviews for each applicable ,council2 and 7#d7 developing recommendations of procedures for allocation reviews and potential adjustments in allocation4 7b7 ,consultation with stakeholders ,the ,comptroller ,general of the ,united ,states shall consult with the ,national ,oceanic and ,atmospheric ,administration1 the applicable ,councils1 the ,science and ,statistical ,committees of such ,councils1 the applicable ,state fisheries management commissions1 the recreational fishing sector1 the commercial fishing sector1 the charter fishing sector1 and other stakeholders1 to the extent practicable1 in conducting the study required under subsection 7a74 7c7 ,definition of applicable council ,in this section1 the term applicable ,council means-- 7#a7 the ,south ,atlantic ,fishery ,management ,council2 or 7#b7 the ,gulf of ,mexico ,fishery ,management ,council4 #ajb4 ,fishery management measures 7a7 ,management ,section #cjb7;h7 7#af ,u4,s4,c4 #aheb7;h77 is amended-- 7#a7 in paragraph 7#g77;,c71 by striking 2 and and inserting a semicolon2 7#b7 by redesignating paragraph 7#h7 as paragraph 7#i72 and 7#c7 by inserting after paragraph 7#g7 the following3 7#h7 in addition to complying with the standards and requirements under paragraph 7#f71 sections #cja7;a71 #cjc7;a77#ae71 and #cjd7;e71 and other applicable provisions of this ,act1 have the authority to use 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 such as extraction rates1 fishing mortality targets1 harvest control rules1 or traditional or cultural practices of native communities in such fishery or fishery component2 and 4 7b7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,commerce shall submit to the appropriate committees of ,congress a report that describes any actions pursuant to paragraph 7#h7 of section #cjb7;h7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheb7;h771 as added by subsection 7a74 7c7 ,other fisheries ,nothing in paragraph 7#h7 of section #cjb7;h7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheb7;h771 as added by subsection 7a71 shall be construed to affect management of any fishery not described in such paragraph 7#h74 #ajc4 ,study of limited access privilege programs for mixed-use fisheries 7a7 ,study on limited access privilege programs ,not later than #b years after the date of enactment of this ,act1 the ,ocean ,studies ,board of the ,national ,academies of ,sciences1 ,engineering1 and ,medicine shall-- 7#a7 complete a study on the use of limited access privilege programs in mixed-use fisheries1 including-- 7,a7 an assessment of progress in meeting the goals of the program and this ,act2 7,b7 an assessment of the social1 economic1 and ecological effects of the program1 considering each sector of a mixed-use fishery and related businesses1 coastal communities1 and the environment2 7,c7 an assessment of any impacts to stakeholders in a mixed-use fishery caused by a limited access privilege program2 7,d7 recommendations of policies to address any impacts identified under subparagraph 7,c72 7,e7 identification of and recommendation of the different factors and information that should be considered when designing1 establishing1 or maintaining a limited access privilege program in a mixed-use fishery to mitigate any impacts identified in subparagraph 7,c71 to the extent practicable2 and 7,f7 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 #h ,regional ,fishery ,management ,councils2 and 7#b7 submit to the appropriate committees of ,congress a report on the study under paragraph 7#a71 including the recommendations under subparagraphs 7,d7 and 7,e7 of paragraph 7#a74 7b7 ,exclusion ,except as provided in subsection 7a77#a77;,f71 the study described in this section shall not include the areas covered by the ,pacific ,fishery ,management ,council and the ,north ,pacific ,fishery ,management ,council4 ,,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 ,not later than #a year after the date of enactment of the ,modernizing ,recreational ,fisheries ,management ,act of #bjag1 the ,secretary shall develop1 in consultation with the science and statistical committees of the ,councils established under section #cjb7;g7 and the ,marine ,fisheries ,commissions1 and submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report on facilitating greater incorporation of data1 analysis1 stock assessments1 and surveys from ,state agencies and nongovernmental sources described in paragraph 7#b71 to the extent such information is consistent with section #cja7;a77#b71 into fisheries management decisions4 7#b7 ,content ,in developing the report under paragraph 7#a71 the ,secretary shall-- 7,a7 identify types of data and analysis1 especially concerning recreational fishing1 that can be used for purposes of this ,act as 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 sources2 and 7,c7 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 #cja7;a77#b74 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 the report entitled ,review of the ,marine ,recreational ,information ,program 7#bjag71 and shall submit1 every #b years following the date of enactment of this ,act1 a report to the appropriate committees of ,congress detailing progress made implementing those recommendations4 ,recommendations considered shall include-- 7#a7 prioritizing the evaluation of electronic data collection1 including smartphone applications1 electronic diaries for prospective data collection1 and an internet website option for panel members or for the public2 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 limits2 and 7#c7 if the ,marine ,recreational ,information ,program is incompatible with the needs of in-season management of annual catch limits1 determining an alternative method for in-season management4 #bjb4 ,recreational data collection ,section #dja 7#af ,u4,s4,c4 #ahha7 is amended-- 7#a7 in subsection 7g7-- 7,a7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7,b7 by inserting after paragraph 7#c7 the following3 7#d7 ,federal-,state partnerships 7,a7 ,establishment ,the ,secretary shall establish a partnership with a ,state to develop best practices for implementing the ,state program established under 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 appropriate committees of ,congress and publish biennial reports that include-- 7i7 the estimated accuracy of-- 7,i7 the information provided under subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 for each registry program established under that paragraph2 and 7,,ii7 the information from each ,state program that is used to assist in completing surveys or evaluating effects of conservation and management measures 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 ,secretary4 7,d7 ,states grant program 7i7 ,in general ,the ,secretary may make grants to ,states to-- 7,i7 improve implementation of ,state programs consistent with this subsection2 and 7,,ii7 assist such programs in complying with requirements related to changes in recreational data collection under paragraph 7#c74 7ii7 ,use of funds ,any funds awarded through such grants shall be used to support data collection1 quality assurance1 and outreach to entities submitting such data4 ,the ,secretary shall prioritize such grants based on the ability of the grant to improve the quality and accuracy of such programs4 2 and 7#b7 by adding at the end the following3 7h7 ,action by ,secretary ,the ,secretary shall-- 7#a7 within #ij days after the date of the enactment of the ,modernizing ,recreational ,fisheries ,management ,act of #bjah1 enter into an agreement with the ,national ,academy of ,sciences to evaluate1 in the form of a report-- 7,a7 how the design of the ,marine ,recreational ,information ,program1 for the purposes of stock assessment and the determination of stock management reference points1 can be improved to better meet the needs of in-season management of annual catch limits under section #cjc7;a77#ae72 and 7,b7 what actions the ,secretary1 ,councils1 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 management2 and 7#b7 within #f months after receiving the report under paragraph 7#a71 submit to ,congress recommendations regarding-- 7,a7 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 section2 and 7,b7 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 limits1 consistent with other requirements of this ,act1 until such time as the changes in subparagraph 7,a7 are implemented4 4 ,,iii ,rule of construction #cja4 ,rule of construction ,nothing in this ,act shall be construed as modifying the requirements of sections #cja7;a71 #cjb7;h77#f71 #cjc7;a77#ae71 or #cjd7;e7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahea7;a71 #aheb7;h77#f71 #ahec7;a77#ae71 and #ahed7;e771 or the equal application of such requirements and other standards and requirements under the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq47 to commercial1 charter1 and recreational fisheries1 including each component of mixed-use fisheries4 ,passed the ,senate ,december #ag1 #bjah4,secretary