Modernizing Recreational Fisheries Management Act of 2017
This bill requires the National Oceanic and Atmospheric Administration (NOAA) to 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.
The bill authorizes a regional fishery management council to use alternative fishery management measures in developing a fishery management plan for a recreational fishery or the recreational component of a mixed-use fishery.
The bill establishes a moratorium on any new limited access privilege programs (programs whereby limited access privileges to harvest a quantity of total allowable catch in a fishery are issued by federal permit) in mixed-use fisheries under the jurisdiction of the South Atlantic or Gulf of Mexico Fishery Management Councils. Additionally, the bill establishes exemptions from annual catch limit requirements for certain fisheries.
NOAA must follow certain guidelines before issuing a new exempted fishing permit.
NOAA must develop a report on facilitating greater incorporation of data, analysis, stock assessments, and surveys from state agencies and nongovernmental sources into fisheries management decisions. NOAA must also establish partnerships with states and make grants to improve recreational fisheries data collection.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2023 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 2023
To modernize recreational fisheries management.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 6, 2017
Mr. Graves of Louisiana (for himself, Mr. Gene Green of Texas, Mr.
Wittman, and Mr. Webster of Florida) introduced the following bill;
which was referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To modernize recreational fisheries management.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Modernizing
Recreational Fisheries Management Act of 2017''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. References to the Magnuson-Stevens Fishery Conservation and
Management Act.
Sec. 3. Findings.
TITLE I--CONSERVATION AND MANAGEMENT
Sec. 101. Process for allocation review for South Atlantic and Gulf of
Mexico mixed-use fisheries.
Sec. 102. Alternative fishery management.
Sec. 103. Moratorium on limited access privilege programs for mixed-use
fisheries.
Sec. 104. Rebuilding overfished and depleted fisheries.
Sec. 105. Modifications to the annual catch limit requirement.
Sec. 106. Exempted fishing permits.
TITLE II--RECREATION FISHERY INFORMATION, RESEARCH, AND DEVELOPMENT
Sec. 201. Cooperative data collection.
Sec. 202. Recreational data collection.
SEC. 2. 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. 3. FINDINGS.
(a) Recreational Fishing.--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 fundamentally different activities, therefore
requiring management approaches adapted to the characteristics
of each sector.''.
(b) Technical Correction.--Section 2(a)(3) (16 U.S.C. 1801(a)(3))
is amended to read as follows:
``(3) Commercial and recreational fishing constitute major
sources of employment and contributes significantly to the
economy of the Nation. Many coastal areas are dependent upon
fishing and related activities.''.
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 60
days after the date of enactment of this Act, 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--
(1) 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
privileges, including consideration of the conservation and
socioeconomic benefits of the commercial, recreational, and
charter components of a fishery, to a Regional Fishery
Management Council established under section 302 of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1852) in the preparation of a fishery management plan
under that Act;
(2) to identify sources of information that could
reasonably support the use of such criteria in allocation
decisions; and
(3) to develop procedures for allocation reviews and
potential adjustments in allocations based on the guidelines
and requirements established by this section.
(b) Report.--Pursuant to subsection (a), not later than 1 year
after the date an arrangement is entered into, the National Academy of
Sciences shall submit a report on the study to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Natural Resources of the House of Representatives.
(c) Process for Allocation Review and Establishment.--The Gulf of
Mexico Fishery Management Council and South Atlantic Fishery Management
Council shall--
(1) notwithstanding the report required pursuant to this
section, and any other provision of law, shall each--
(A) within 2 years after the date of enactment of
this Act, 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 jurisdictions; and
(B) every 3 years thereafter, perform a review of
such allocations; and
(2) consider the conservation and socioeconomic benefits of
each of the commercial fishing sector and the recreational
fishing sector in any allocation decisions.
SEC. 102. ALTERNATIVE FISHERY MANAGEMENT.
(a) Repeal.--Section 407(d) (16 U.S.C. 1883), and the corresponding
reference in the table of contents, are repealed.
(b) Management.--Section 302(h) (16 U.S.C. 1852(h)) is amended by
striking ``and'' after the semicolon at the end of paragraph (7), by
redesignating paragraph (8) as paragraph (9), and by inserting the
following after paragraph (7):
``(8) 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, which may include extraction rates, fishing
mortality targets, harvest control rules, or traditional or
cultural practices of native communities; and''.
(c) Summary.--Within 180 days after the date of the enactment of
this Act, the Secretary of Commerce shall transmit a summary to
Congress that describes actions to implement this subsection.
SEC. 103. 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 Council,
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 sectors.
SEC. 104. REBUILDING OVERFISHED AND DEPLETED FISHERIES.
Section 304(e)(4)(A) (16 U.S.C. 1854(e)(4)(A)) is amended to read
as follows:
``(A) specify a time period for rebuilding the
fishery that--
``(i) shall be as short as practicable,
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
``(ii) except where management measures
under an international agreement in which the
United States participates dictate otherwise,
shall not exceed--
``(I) 10 years, except in cases
where the biology of the stock of fish
or other environmental conditions
dictate otherwise; or
``(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.
Section 302 (16 U.S.C. 1852) is amended by adding at the end the
following:
``(m) Considerations for Modifications to Annual Catch Limit
Requirements.--
``(1) Consideration of ecosystem and economic impacts.--In
establishing annual catch limits a Council may, consistent with
subsection (h)(6), consider changes in an ecosystem and the
economic needs of fishing communities.
``(2) Limitations to annual catch limit requirement for
special fisheries.--Notwithstanding subsection (h)(6), a
Council is not required to develop an annual catch limit for--
``(A) an ecosystem-component species;
``(B) a fishery for a species that has a life cycle
of approximately 1 year, unless the Secretary has
determined the fishery is subject to overfishing;
``(C) a stock of fish for which--
``(i) fishing mortality is below the
fishing mortality target; and
``(ii) a peer-reviewed stock survey and
stock assessment have not been performed during
the preceding 5-year period;
``(D) the Secretary determines that overfishing is
not occurring; or
``(E) for a sector of a fishery that is not
monitored by a data collection system determined by the
Secretary to be adequate for the development,
implementation, and enforcement of annual catch limits
specific to that sector, based on the evaluation
recommended by the National Academy of Sciences in its
report entitled `Review of the Marine Recreational
Information Program (2017)' 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
limits.
``(3) Authorization for multispecies complexes and
multiyear annual catch limits.--For purposes of subsection
(h)(6), a Council may establish--
``(A) an annual catch limit for a stock complex; or
``(B) annual catch limits for each year in any
continuous period that is not more than three years in
duration.
``(4) Ecosystem-component species defined.--In this
subsection the term `ecosystem-component species' means--
``(A) a stock of fish that is a non-target,
incidentally harvested stock of fish in a fishery; or
``(B) a nontarget, incidentally harvested stock of
fish that a Council or the Secretary has determined--
``(i) is not subject to overfishing,
approaching a depleted condition, or depleted;
and
``(ii) is not likely to become subject to
overfishing or depleted in the absence of
conservation and management measures.''.
SEC. 106. EXEMPTED FISHING PERMITS.
(a) In General.--Before the approval and issuance of any new
exempted fishing permit under section 600.745 of title 50, Code of
Federal Regulations, or any successor regulations, the Secretary of
Commerce shall--
(1) conduct a joint peer review of the proposed exempted
fishing permit by the appropriate regional fisheries science
center and State marine fisheries commission; and
(2) certify that the regional fishery management council or
Federal agency with jurisdiction over the affected fishery
determined that--
(A) 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
amendments;
(B) 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) the information collected through fishing
activity 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) the Governor of each State, any part of which
is located within 100 nautical miles of the proposed
activity under the exempted fishing permit has been
consulted on the proposed exempted fishing permit.
(b) Duration and Renewal.--Any exempted fishing permit--
(1) shall expire at the end of the 12-month period
beginning on the date the permit is issued; and
(2) may be renewed consistent with this section.
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) In general.--The Secretary, in consultation with the
science and statistical committees of the Councils established
under section 302(g) and the Marine Fisheries Commissions,
shall develop and submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Natural
Resources of the House of Representatives by not later than 1
year after the date of the enactment of the Modernizing
Recreational Fisheries Management Act of 2017 a report on
facilitating greater incorporation of data, analysis, stock
assessments, and surveys from State agencies and
nongovernmental sources described in paragraph (2) into
fisheries management decisions.
``(2) Nongovernmental sources.--Nongovernmental sources
referred to in paragraph (1) are the following:
``(A) Fishermen.
``(B) Fishing communities.
``(C) Universities.
``(D) Research institutions.
``(3) Content.--The report under paragraph (1) shall--
``(A) identify types of data and analysis,
especially concerning recreational fishing, that can be
reliably used for purposes of this Act and 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) 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;
``(C) consider the extent to which it is possible
to establish a registry of persons providing such
information; and
``(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) 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 its report
entitled ``Review of the Marine Recreational Information Program
(2017)'', including--
(1) prioritizing the evaluation of electronic data
collection for the Fishing Effort Survey, including smartphone
apps, electronic diaries for prospective data collection, and
an Internet website option for all or just panel members; and
(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, if such program is incompatible with
such needs, determining an alternative method for in-season
management.
SEC. 202. RECREATIONAL DATA COLLECTION.
(a) Federal-State Partnerships.--Section 401(g) (16 U.S.C. 1881(g))
is amended by redesignating paragraph (4) as paragraph (5), and by
inserting after paragraph (3) the following:
``(4) Federal-state partnerships.--
``(A) Establishment.--The Secretary shall establish
partnerships with States to develop best practices for
implementation of State programs established pursuant
to 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 Congress and publish biennial reports that
include--
``(i) the estimated accuracy of the
registry program established under paragraph
(1) and of State programs that are exempted
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, including a description
of any consideration given to the information
by the Secretary.
``(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.
``(E) Funding.--A portion of the funds appropriated
to the Marine Recreational Information Program shall be
provided for implementation of this section.''.
(b) Action by Secretary.--The Secretary of Commerce shall--
(1) within 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) within 6 months after receiving the report under
paragraph (1), 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 appropriate.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Water, Power and Oceans.
Subcommittee Hearings Held.
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