S. 1520Senate115th Congress (2017-2019)Enacted

Modernizing Recreational Fisheries Management Act of 2018

Introduced July 10, 2017

AI-Generated Summary

Updated April 15, 2026 at 5:09 PM UTC

The Modernizing Recreational Fisheries Management Act of 2018 aims to improve conservation and management of recreational and mixed‑use fisheries, especially in the South Atlantic and Gulf of Mexico. It directs studies on allocation criteria and limited‑access programs, expands the tools councils can use for recreational components, and strengthens data collection by fostering federal‑state partnerships and incorporating new technology. The bill primarily affects regional fishery management councils, state fisheries agencies, recreational anglers, charter operators, and commercial fishers.

Key Provisions

  • Directs the Comptroller General to study how fishing privileges should be allocated or re‑allocated in South Atlantic and Gulf of Mexico mixed‑use fisheries, considering ecological, economic and social factors.
  • Amends the Magnuson‑Stevens Act to let regional fishery councils use specific recreational‑focused management tools—such as harvest limits, mortality targets, and cultural practices—when drafting fishery plans.
  • Orders the National Academies’ Ocean Studies Board to evaluate limited‑access privilege programs in mixed‑use fisheries and report on their social, economic, and ecological impacts.
  • Requires the Secretary of Commerce to develop a report on how state and non‑government data (including electronic and smartphone‑based sources) can be better incorporated into stock assessments for recreational fisheries.
  • Creates a federal‑state partnership program that issues guidance, biennial reports, and grant funding to improve the accuracy and timeliness of recreational fishing data collection.
  • Mandates the Secretary to work with the National Academy of Sciences to assess and recommend changes to the Marine Recreational Information Program so it can support in‑season management of annual catch limits.

Legislative Activity

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21 earlier actions
Became Law Latest Action

Became Public Law No: 115-405.

December 31, 2018

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SenateIntro Referral

Introduced in Senate

July 10, 2017

SenateIntro Referral

Read twice and referred to the Committee on Commerce, Science, and Transportation.

July 10, 2017

SenateCommittee

Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.

February 28, 2018

SenateCommittee

Committee on Commerce, Science, and Transportation. Reported by Senator Thune with an amendment in the nature of a substitute. With written report No. 115-264.

June 5, 2018

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 441.

June 5, 2018

SenateFloor

Measure laid before Senate by unanimous consent. (consideration: CR S7636-7639; text as reported in Senate: CR S7636-7638)

December 17, 2018

SenateFloor

The committee substitute withdrawn by Unanimous Consent.

December 17, 2018

SenateFloor

Passed Senate with an amendment by Unanimous Consent.

December 17, 2018

SenateFloor

Message on Senate action sent to the House.

December 18, 2018

HouseFloor

Received in the House.

December 19, 2018 • 2:12 PM

HouseFloor

Held at the desk.

December 19, 2018 • 3:25 PM

HouseFloor

Mr. Graves (LA) moved to suspend the rules and pass the bill.

December 19, 2018 • 5:17 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H10306-10309)

December 19, 2018 • 5:18 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on S. 1520.

December 19, 2018 • 5:18 PM

HouseFloor

At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Graves (LA) objected to the Yea - Nay vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was considered as withdrawn.

December 19, 2018 • 5:27 PM

HouseFloor

Considered as unfinished business. (consideration: CR H10319)

December 19, 2018 • 7:45 PM

SenateFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by recorded vote (2/3 required): 350 - 11 (Roll no. 444).(text: CR H10306-10308)

December 19, 2018 • 7:51 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by recorded vote (2/3 required): 350 - 11 (Roll no. 444). (text: CR H10306-10308)

December 19, 2018 • 7:51 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

December 19, 2018 • 7:51 PM

President

Presented to President.

December 27, 2018

Became Law

Signed by President.

December 31, 2018

Became Law

Became Public Law No: 115-405.

December 31, 2018

Floor Debate

6 members

What members said about S. 1520 on the floor

4 Republicans2 Democrats
Garret Graves
Rep. Garret GravesR-LA-6 · Dec 19, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (S. 1520) to expand recreational fishing opportunities through enhanced marine fishery conservation and management, and for other purposes.…

Eric Swalwell
Rep. Eric SwalwellD-CA-15 · Dec 21, 2018

Mr. Speaker, I missed some votes on Wednesday, December 19, all votes on Thursday, December 20, and some votes today. Had I been present, I would have voted as follows: Roll Call Vote Number 440…

Raúl M. Grijalva
Rep. Raúl M. GrijalvaD-AZ-3 · Dec 19, 2018

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, S. 1520, known as the Modern Fish Act, expands opportunities for recreational fishermen by encouraging the use of multiple…

Mitch McConnell
Sen. Mitch McConnellR-KY · Dec 17, 2018

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 441, S. 1520. I ask unanimous consent that the committee-reported substitute amendment be…

John Boozman
Sen. John BoozmanR-AR · Dec 17, 2018

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Show 1 more
Thomas Massie
Rep. Thomas MassieR-KY-4 · Dec 19, 2018

Mr. Speaker, I demand a recorded vote.

Bill Text

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One Hundred Fifteenth Congress of the United States of America

2d Session

Begun and held at the City of Washington on Wednesday, the third day of January, two thousand and eighteen

S. 1520

AN ACT

To expand recreational fishing opportunities through enhanced marine fishery conservation and management, and for other purposes.

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:

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 mixed-use 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 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.).

2.

Findings

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.

.

3.

Definitions

In this Act:

(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.

I

Conservation and management

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.

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).

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.

II

Recreation fishery information, research, and development

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

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 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.

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

(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 in-season 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.

.

III

Rule of construction

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

Speaker of the House of Representatives

Vice President of the United States and President of the Senate