Public Law 115-405

PUBLIC LAW 115–405—DEC. 31, 2018

132 STAT. 5355

Public Law 115–405
115th Congress
An Act
To expand recreational fishing opportunities through enhanced marine fishery conservation and management, and for other purposes.

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; REFERENCES.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Modernizing
Recreational Fisheries Management Act of 2018’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act
is as follows:

Dec. 31, 2018
[S. 1520]
Modernizing
Recreational
Fisheries
Management
Act of 2018.
16 USC 1801
note.

Sec. 1. Short title; table of contents; references.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I—CONSERVATION AND MANAGEMENT
Sec. 101. Process for allocation review for South Atlantic and Gulf of Mexico mixeduse fisheries.
Sec. 102. Fishery management measures.
Sec. 103. Study of limited access privilege programs for mixed-use fisheries.
TITLE II—RECREATION FISHERY INFORMATION, RESEARCH, AND
DEVELOPMENT
Sec. 201. Cooperative data collection.
Sec. 202. Recreational data collection.
TITLE III—RULE OF CONSTRUCTION
Sec. 301. Rule of construction.

(c) REFERENCES TO THE
SERVATION AND MANAGEMENT

MAGNUSON-STEVENS FISHERY CONACT.—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.

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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 different activities. Therefore, science-based conservation and management approaches should be adapted to
the characteristics of each sector.’’.
SEC. 3. DEFINITIONS.

16 USC 1801
note.

In this Act:

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132 STAT. 5356

PUBLIC LAW 115–405—DEC. 31, 2018
(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) MIXED-USE FISHERY.—The term ‘‘mixed-use fishery’’
means a Federal fishery in which 2 or more of the following
occur:
(A) Recreational fishing.
(B) Charter fishing.
(C) Commercial fishing.

TITLE I—CONSERVATION AND
MANAGEMENT
SEC. 101. PROCESS FOR ALLOCATION REVIEW FOR SOUTH ATLANTIC
AND GULF OF MEXICO MIXED-USE FISHERIES.
Deadline.
Reports.

Recommendations.
Criteria.

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Assessment.

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(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 mixeduse 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—

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PUBLIC LAW 115–405—DEC. 31, 2018

132 STAT. 5357

(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 mixeduse 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 MagnusonStevens 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).

16 USC 1852
note.

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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

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Deadline.
Assessments.

Recommendations.
Recommendations.

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132 STAT. 5358
Review.

Reports.

PUBLIC LAW 115–405—DEC. 31, 2018

(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.

TITLE II—RECREATION FISHERY INFORMATION, RESEARCH, AND DEVELOPMENT
SEC. 201. COOPERATIVE DATA COLLECTION.

Consultation.
Reports.

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Recommendations.

Evaluations.
16 USC 1881
note.

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(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.—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), to the extent such
information is consistent with section 301(a)(2), into fisheries
management decisions.
‘‘(2) CONTENT.—In developing the report under paragraph
(1), the Secretary shall—
‘‘(A) 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;
‘‘(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; and
‘‘(C) 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).’’.
(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

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PUBLIC LAW 115–405—DEC. 31, 2018

132 STAT. 5359

Sciences in the report entitled ‘‘Review of the Marine Recreational
Information Program (2017)’’, 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) prioritizing the evaluation of electronic data collection,
including smartphone applications, electronic diaries for
prospective data collection, and an 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.

Website.

Determination.

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SEC. 202. RECREATIONAL DATA COLLECTION.

Section 401 (16 U.S.C. 1881) is amended—
(1) in subsection (g)—
(A) by redesignating paragraph (4) as paragraph (5);
and
(B) 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.
‘‘(D) STATES GRANT PROGRAM.—
‘‘(i) IN GENERAL.—The Secretary may make grants
to States to—
‘‘(I) improve implementation of State programs
consistent with this subsection; and

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Cooperation.

Estimates.

PUBL405

132 STAT. 5360

PUBLIC LAW 115–405—DEC. 31, 2018
‘‘(II) assist such programs in complying with
requirements related to changes in recreational
data collection under paragraph (3).
‘‘(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.’’; and
(2) by adding at the end the following:
‘‘(h) ACTION BY SECRETARY.—The Secretary shall—
‘‘(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—
‘‘(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 inseason management of annual catch limits under section
303(a)(15); and
‘‘(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
‘‘(2) within 6 months after receiving the report under paragraph (1), submit to Congress recommendations regarding—
‘‘(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
‘‘(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.’’.

Deadlines.
Evaluation.
Reports.

Recommendations.

TITLE III—RULE OF CONSTRUCTION

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16 USC 1801
note.

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SEC. 301. RULE OF CONSTRUCTION.

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,

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PUBLIC LAW 115–405—DEC. 31, 2018

132 STAT. 5361

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

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Approved December 31, 2018.

LEGISLATIVE HISTORY—S. 1520:
SENATE REPORTS: No. 115–264 (Comm. on Commerce, Science, and Transportation).
CONGRESSIONAL RECORD, Vol. 164 (2018):
Dec. 17, considered and passed Senate.
Dec. 19, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
Dec. 31, Presidential statement.

Æ

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