,i #aahth ,,congress #b;d ,session ,h4 ,r4 #hgje ,,in ,,the ,,house ,,of ,,representatives ,june #ab1 #bjbd,mr4 ,graves of ,louisiana introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to require the ,administrator of the ,national ,oceanic and ,atmospheric ,administration to reform the ,marine ,recreational ,information ,program of the ,national ,marine ,fisheries ,service1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fisheries ,data ,modernization and ,accuracy ,act of #bjbd4 #b4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,national ,oceanic and ,atmospheric ,administration1 acting through the ,director of the ,national ,marine ,fisheries ,service4 7#b7 ,fishery ,the term fishery has the meaning given the term in section #c of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahjb74 7#c7 ,independent entity ,the term independent entity-- 7,a7 means an entity that-- 7i7 is not a unit of the ,national ,oceanic and ,atmospheric ,administration2 and 7ii7 has expertise in areas of science related to fishery stock assessments2 and 7,b7 includes-- 7i7 the ,national ,academies of ,sciences1 ,engineering1 and ,medicine2 and 7ii7 an institution of higher education 7as such term is defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja774 7#d7 ,,mrip ,the term ,,mrip means the ,marine ,recreational ,information ,program of the ,national ,marine ,fisheries ,service4 7#e7 ,national ,academies ,the term ,national ,academies means the ,national ,academies of ,sciences1 ,engineering1 and ,medicine4 7#f7 ,,pse ,the term ,,pse means the percent standard error4 7#g7 ,pulse species ,the term pulse species means a species that1 due to regulatory constraints or the movement or availability of the species on a seasonal basis-- 7,a7 is caught-- 7i7 on an intermittent or infrequent basis2 or 7ii7 only during an abbreviated timeframe2 and 7,b7 is likely not sampled in a representative manner by data collected through the ,,mrip4 7#h7 ,regional ,fishery ,management ,council ,the term ,regional ,fishery ,management ,council means a ,regional ,fishery ,management ,council established under section #cjb of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheb74 7#i7 ,regional ,state fisheries commission ,the term regional ,state fisheries commission means each of-- 7,a7 the ,atlantic ,states ,marine ,fisheries ,commission2 7,b7 the ,gulf ,states ,marine ,fisheries ,commission2 and 7,c7 the ,pacific ,states ,marine ,fisheries ,commission4 7#aj7 ,scientific and statistical committee ,the term scientific and statistical committee means a scientific and statistical committee established pursuant to section #cjb7;g7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheb7;g774 7#aa7 ,seasonal fishery ,the term seasonal fishery means a fishery-- 7,a7 that is subject to an annual closed season2 or 7,b7 that may be affected by in- or post-season accountability measures that result in fishing or harvest closures4 7#ab7 ,standing committee ,the term standing committee means the standing committee established pursuant to section #b7;b77#a74 7#ac7 ,stock of fish ,the term stock of fish has the meaning given the term in section #c of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahjb74 7#ad7 ,wave ,the term wave means the shortest period in which ,,mrip data are aggregated and reported for use in management decisions4 #c4 ,recreational fishing data collection reform 7a7 ,in general ,the ,administrator shall reform the ,,mrip in effect as of the date of the enactment of this section to meet the unique needs of individual regions and ,states1 taking into consideration the needs of ,state-level programs related to recreational fishing catch and effort surveys in effect as of the date of the enactment of this section to ensure that such reform does not unnecessarily dilute the effectiveness of such programs4 7b7 ,national ,academies 7#a7 ,standing committee 7,a7 ,in general ,the ,administrator shall enter into an agreement with the ,national ,academies to establish a standing committee within the ,national ,academies that shall meet regularly to discuss issues related to recreational fisheries data collection and management4 7,b7 ,independence ,in carrying out this subsection1 the standing committee shall operate independently and without the influence of the ,administrator4 7,c7 ,composition ,the standing committee shall include individuals who are experts in recreational fisheries data collection and management1 including representatives from ,state fish and wildlife agencies4 7#b7 ,consultation regarding ,,pse 7,a7 ,in general ,if the ,,pse for data collected through the ,,mrip for a given seasonal fishery reaches or exceeds #cj percent in a given wave1 or if a ,state submits a petition with respect to a given seasonal fishery under paragraph 7#d71 the ,administrator shall consult with the standing committee regarding options-- 7i7 to reduce the ,,pse of such seasonal fishery2 or 7ii7 if reducing the ,,pse is not practicable1 to adjust the management of such seasonal fishery1 including by using the management approaches described in section #cjb7;h77#h7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheb7;h77#h77 or multi-year annual catch limits4 7,b7 ,report ,after the ,administrator consults with the standing committee under subparagraph 7,a7 with respect to a seasonal fishery described in that subparagraph1 the ,administrator shall1 not later than #f months after the date on which either the ,,pse for data collected through the ,,mrip for such seasonal fishery exceeds #cj percent in a given wave or the ,administrator receives a petition submitted by a ,state under paragraph 7#d71 publish a report specifying-- 7i7 the options considered under that subparagraph 7,a72 7ii7 the recommendation of the ,administrator regarding how-- 7,i7 to reduce the ,,pse for data collected through the ,,mrip for such seasonal fishery2 or 7,,ii7 to adjust the management of such seasonal fishery in a manner that allows continued access and considers recommendations contained in the report submitted to ,congress under section #ajb of the ,modernizing ,recreational ,fisheries ,management ,act of #bjah 7,public ,law #aae-dje72 and 7iii7 the reasoning1 written in a manner easily understood by the public1 for giving such recommendation4 7,c7 ,regional ,fishery ,management ,council ,if the ,administrator publishes a report under subparagraph 7,b7 with respect to a seasonal fishery described in subparagraph 7,a71 the ,administrator shall send such report to the relevant ,regional ,fishery ,management ,council for consideration4 7#c7 ,consideration ,in carrying out paragraphs 7#a7 and 7#b71 the ,administrator and the standing committee shall consider issues including the following3 7,a7 ,whether the data collected through the ,,mrip is appropriate and useful for management decisions1 including options to improve data collection methods4 7,b7 ,the extent to which existing and potential data collection options are-- 7i7 burdensome to anglers2 and 7ii7 an efficient or appropriate use of resources4 7,c7 ,whether and to what extent specific recommendations from the report published by the ,national ,academies titled ,data and ,management ,strategies for ,recreational ,fisheries with ,annual ,catch ,limits 7#bjba7 and other relevant ,national ,academies activities can and should be applied in light of the particular context of the fishery being considered4 7#d7 ,petition to initiate consultation ,a ,state may submit to the ,administrator a petition for the ,administrator to initiate the consultation process under paragraph 7#b7 with respect to a given seasonal fishery if-- 7,a7 the ,,pse for data collected through the ,,mrip for such seasonal fishery is-- 7i7 significantly greater or less than the preceding #c-year average ,,pse for such seasonal fishery2 or 7ii7 substantially greater than the ,,pse for data collected through ,state surveys for such seasonal fishery2 or 7,b7 data collected through the ,,mrip for such seasonal fishery is unreliable because the stock of fish of such seasonal fishery is-- 7i7 infrequently encountered through ,,mrip surveys2 or 7ii7 a pulse species4 7#e7 ,combined reports ,in carrying out this subsection1 the ,administrator may carry out a single consultation with the standing committee under paragraph 7#b7 with respect to #b or more species if the ,administrator and the standing committee jointly determine the underlying issues that triggered the consultation are highly similar4 7c7 ,rule of construction ,nothing in this section may be construed to override the role of the scientific and statistical committees in advising the ,regional ,fishery ,management ,councils regarding recommendations developed pursuant to this section4 #d4 ,state recreational fishery catch and effort data collection 7a7 ,state recreational fishery catch and effort data collection program 7#a7 ,in general ,a ,state may1 subject to the approval of the ,administrator1 carry out a program within the waters of such ,state and ,federal waters to collect recreational fishing catch and effort data for individual1 or sets1 of species that are federally managed4 7#b7 ,requirements ,if a ,state carries out a program under paragraph 7#a71 the head of such program shall-- 7,a7 ensure that such program complies with paragraph 7#c72 7,b7 collect recreational fishery catch and effort data with respect to such ,state2 7,c7 report such data that is necessary for ,federal management to the ,administrator in a manner and timeliness that complies with section #dja of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahha72 and 7,d7 take into consideration the burden of such program to the average angler such that such program is not overly burdensome to the point that substantial noncompliance would be expected4 7#c7 ,data requirements ,the ,administrator1 in consultation with the regional ,state fisheries commissions1 shall1 with respect to data collected through a recreational fishery catch and effort data collection program of a ,state carried out under this subsection-- 7,a7 establish universal standards regarding the collection of such data1 including ensuring that such standards-- 7i7 allow for flexibility in the design of such programs to account for differences in recreational fishing activity between ,states2 and 7ii7 facilitate the collection of comparable data between ,states within a region for the purposes of stock assessments and management2 7,b7 establish such data as the baseline for the calibration of historic estimates of recreational catch2 and 7,c7 use such data to establish catch limits and monitor landings without calibration to any ,federal program1 including the ,,mrip4 7#d7 ,use of ,state data 7,a7 ,in general ,data collected through a ,state program carried out under this subsection may be used in ,federal stock assessments and regulatory actions4 7,b7 ,,mrip ,if a ,state collects data pursuant to this subsection that is collected pursuant to the ,,mrip1 the ,administrator shall use the data collected by the ,state in place of the data collected pursuant to the ,,mrip4 7#e7 ,subsequent funding ,upon approval by the ,administrator of a recreational fishery catch and effort data collection program of a ,state under paragraph 7#a71 funding previously allocated to such ,state for the collection of recreational fishery catch and effort data through the ,,mrip shall continue to be allocated to such ,state for such ,state to carry out such program of the ,state4 7b7 ,grant program 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this section1 the ,administrator shall establish and carry out a grant program to award amounts to ,states to develop1 with respect to each such ,state1 a new1 or improve an existing1 program described in subsection 7a74 7#b7 ,applications ,to be eligible for a grant under this subsection1 a ,state shall submit to the ,administrator an application in such form1 at such time1 and containing such information as the ,administrator determines appropriate4 7#c7 ,use of funds ,a ,state that is awarded a grant under this subsection shall use such award-- 7,a7 to support the development or improvement of a program described in subsection 7a7 of such ,state2 7,b7 to enhance the timeliness of reporting by such ,state of data collected by such ,state through such program2 and 7,c7 to increase the accuracy and precision of the data collected by such ,state pursuant to such program4 7#d7 ,priority ,in awarding grants under this subsection1 the ,administrator shall give priority to applications-- 7,a7 based on the ability of the award to reduce the uncertainty of data collected through the ,,mrip1 including with respect to-- 7i7 economically or socially important species2 7ii7 species a fishery of which is at risk of closure2 and 7iii7 species a fishery of which is at risk of closing another fishery because the management of both fisheries are intermingled2 and 7,b7 that would alter or improve an existing ,state program carried out under subsection 7a7 to meet the requirements under subsection 7a77#c74 7c7 ,report ,on the date that is #b years after the date of the enactment of this section1 and biennially thereafter1 the ,administrator shall submit to the appropriate congressional committees and make publicly available a report regarding the implementation of this section that includes-- 7#a7 the number of ,states that have participated in the grant program established under subsection 7b72 7#b7 a description of each ,state recreational fishery catch and effort data collection program2 7#c7 a description of how the ,administrator incorporates data collected pursuant to each such program in fishery stock assessments1 fishery management decisions1 and catch monitoring2 and 7#d7 an analysis regarding the improvement in data precision and the accuracy of data collected pursuant to each such program compared to data collected through the ,,mrip4 7d7 ,rule of construction ,nothing in this section may be construed to negate1 uncertify1 or otherwise undo existing ,state programs to collect recreational fishing catch and effort data4 #e4 ,healthy fisheries through better science 7a7 ,definition of stock assessment ,section #c of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahjb7 is amended-- 7#a7 by redesignating paragraphs 7#dc7 through 7#ej7 as paragraphs 7#dd7 through 7#ea71 respectively2 7#b7 by inserting after paragraph 7#db7 the following3 7#dc7 ,the term stock assessment means an evaluation of the past1 present1 and future status of a stock of fish1 including-- 7,a7 a range of life history characteristics for such stock of fish1 including1 to the extent practicable-- 7i7 the geographical boundaries of such stock of fish2 and 7ii7 information regarding age1 growth1 natural mortality1 sexual maturity and reproduction1 feeding habits1 and habitat preferences of such stock of fish2 and 7,b7 fishing for the stock of fish4 2 and 7#c7 by redesignating the second paragraph 7#cc7 as paragraph 7#eb74 7b7 ,stock assessment plan 7#a7 ,in general ,section #djd of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahha;c7 is amended by adding at the end the following3 7f7 ,stock assessment plan 7#a7 ,in general ,the ,secretary shall develop and publish in the ,federal ,register1 on the same schedule as required for each strategic plan required under subsection 7b71 a plan to conduct stock assessments for priority stocks of fish for which a fishery management plan is in effect under this ,act4 7#b7 ,contents ,each plan described in paragraph 7#a7 shall-- 7,a7 for each priority stock of fish for which a stock assessment has previously been conducted-- 7i7 establish a schedule for updating the stock assessment that is reasonable given the biology and characteristics of the stock of fish2 and 7ii7 subject to the availability of appropriations1 require completion of a new stock assessment1 or an update of the most recent stock assessment-- 7,i7 every #e years2 or 7,,ii7 within such other time period specified and justified by the ,secretary in the plan2 7,b7 for each priority stock of fish for which a stock assessment has not previously been conducted-- 7i7 establish a schedule for conducting an initial stock assessment that is reasonable given the biology and characteristics of the stock2 and 7ii7 subject to the availability of appropriations1 require completion of the initial stock assessment not later than #c years after the date on which the plan is published in the ,federal ,register unless another time period is specified and justified by the ,secretary in the plan2 and 7,c7 7i7 identify data and analysis1 including both data and analysis that is and is not available at the time the plan is prepared1 that would reduce the uncertainty1 improve the accuracy1 and increase the efficiency of future stock assessments2 and 7ii7 with respect to data and analysis identified under clause 7i71 determine whether such data and analysis could be provided by fishermen1 fishing communities1 universities1 and research institutions1 to the extent that the use of such data would be consistent with the requirements in section #cja7;a77#b74 7#c7 ,waiver of stock assessment requirement ,notwithstanding subparagraphs 7,a77ii7 and 7,b77ii7 of paragraph 7#b71 a stock assessment is not required for a stock of fish in the plan described in paragraph 7#a7 if the ,secretary determines that such stock assessment is not necessary and justifies such determination in the ,federal ,register notice required by this subsection4 4 7#b7 ,deadline ,notwithstanding section #djd7;f77#a7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahha;c7f77#a771 as added by this section1 the ,secretary of ,commerce shall issue the first stock assessment plan under section #djd7;f7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahha;c7f771 as added by this section1 not later than #b years after the date of the enactment of this section4 #f4 ,fishery-,independent surveys by independent entities 7a7 ,in general ,the ,administrator shall establish a program to enter into contracts with independent entities on a competitive basis under which such independent entities shall conduct fishery-independent surveys designed to estimate the absolute abundance of stocks of fish included in the ,fish ,stock ,sustainability ,index on behalf of the ,administrator4 7b7 ,applications ,to be eligible to enter into a contract under the program established under subsection 7a71 an independent entity shall submit to the ,administrator an application in such form1 at such time1 and containing such information as the ,administrator determines appropriate1 including evidence of the following3 7#a7 ,use by the independent entity of modern or cutting-edge science4 7#b7 ,the ability of the independent entity to handle data in a reliable manner4 7c7 ,use of data ,upon favorable peer review1 the ,administrator1 in consultation with the relevant scientific and statistical committees and independent entity and with consideration of the report submitted under section #g1 shall incorporate data collected pursuant to a fishery-independent abundance survey conducted by an independent entity under the program established under subsection 7a7 in management decisions4 7d7 ,report ,the ,administrator shall annually submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report regarding the findings of surveys conducted pursuant to this section and the incorporation of the results of such surveys in management decisions pursuant to subsection 7c74 #g4 ,report ,not later than #a year after the date of the enactment of this section1 the ,national ,academies1 in consultation with the ,harte ,research ,institute for ,gulf of ,mexico ,studies1 shall submit to the ,committee on ,natural ,resources of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and make publicly available a report regarding-- 7#a7 the incorporation of the results of the study titled ,estimating the ,absolute ,abundance of ,age-#b ,red ,snapper 7,lutjanus campechanus7 in the ,u4,s4 ,gulf of ,mexico 7,august #af1 #bjba7 in management decisions of the ,national ,marine ,fisheries ,service2 and 7#b7 recommendations regarding the incorporation of data collected pursuant to section #f in management decisions of the ,national ,marine ,fisheries ,service4 #h4 ,transparency and public process 7a7 ,advice ,section #cjb7;g77#a77;,b7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheb7;g77#a77;,b77 is amended by adding at the end the following3 ,each scientific and statistical committee shall develop such advice in a transparent manner and allow for public involvement in the process44 7b7 ,meetings ,section #cjb7;i77#b7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheb7;i77#b77 is amended by adding at the end the following3 7,g7 ,each ,council shall make available on the ,internet website of the ,council-- 7i7 with respect to each meeting of the ,council and ,council coordination committee established under subsection 7l7 that is not closed in accordance with paragraph 7#c71 to the extent practicable1 a ,webcast1 live audio recording1 or live broadcast of each such meeting2 and 7ii7 with respect to each meeting of the ,council and of the scientific and statistical committee established by the ,council under subsection 7g77#a77;,a7 that is not closed in accordance with paragraph 7#c71 by not later than #cj days after the conclusion of each such meeting1 an audio or video 7if the meeting was held in person or by video conference7 recording or a searchable audio or written transcript of each such meeting4 7,h7 ,the ,secretary shall maintain and make available to the public an archive of each recording and transcript made available under subparagraph 7,g74 4