Title II — Fishery information, research, and development

S. 2824 · 113th Congress · Sep 16, 2014 · Lineage

II Fishery information, research, and development

Sec. 201 Fisheries research

(a)

Stock assessment plan— Section 404 (16 U.S.C. 1881c) is amended by adding at the end the following:

“(e) Stock assessment plan

“(1) In general—The Secretary, in consultation with the Councils, shall develop and publish in the Federal Register, on the same schedule as required for the strategic plan required under subsection (b), a plan to conduct stock assessments for all stocks of fish for which a fishery management plan is in effect under this Act.

“(2) Contents—The plan shall—

“(A) for each stock of fish for which a stock assessment has previously been conducted—

“(i) establish a schedule for updating the stock assessment that is reasonable given the biology and characteristics of the stock; and

“(ii) subject to the availability of appropriations, require completion of a new stock assessment, or an update of the most recent stock assessment—

“(I) at least once every 5 years, except a Council may delay action for not more than 3 additional 1-year periods; or

“(II) within such other time period specified and justified by the Secretary in the plan;

“(B) for each economically important stock of fish for which a stock assessment has not previously been conducted—

“(i) establish a schedule for conducting an initial stock assessment that is reasonable given the biology and characteristics of the stock; and

“(ii) subject to the availability of appropriations, require completion of the initial stock assessment not later than 3 years after the date that the plan is published in the Federal Register unless another time period is specified and justified by the Secretary in the plan; and

“(C) identify data and analysis, especially concerning recreational fishing, that, if available, would reduce uncertainty in and improve the accuracy of future stock assessments, including whether that data and analysis could be provided by nongovernmental sources, including fishermen, fishing communities, universities, and research institutions.

“(3) Waiver of stock assessment requirement—Notwithstanding subparagraphs (A)(ii) and (B)(ii) of paragraph (2), a stock assessment shall not be required for a stock of fish in the plan if the Secretary determines that such a stock assessment is not necessary and justifies the determination in the Federal Register notice required by this subsection.”

(b)

Deadline— Notwithstanding paragraph (1) of section 404(e) of the Magnuson-Stevens Fishery Conservation and Management Act, as added by this section, the Secretary of Commerce shall issue the first stock assessment plan under that section by not later than 1 year after the date of the enactment of this Act.

Sec. 202 Improving science

(a)

Improving data collection and analysis—

(1)

In general— Section 404 (16 U.S.C. 1881c), as amended by section 201 of this Act, is further amended by adding at the end the following:

“(f) Improving data collection and analysis

“(1) In general—The Secretary, in consultation with the scientific and statistical committees of the Councils established under section 302(g), 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 a report on facilitating greater incorporation of data, analysis, stock assessments, and surveys from nongovernmental sources, including fishermen, fishing communities, universities, and research institutions, into fisheries management decisions.

“(2) 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 the uncertainty referred to in section 404(e)(2)(C);

“(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 analysis identified in the report in fishery management decisions is practicable.”

(b)

Deadline— The Secretary of Commerce shall submit the report required under the amendment made by subsection (a) not later than 1 year after the date of the enactment of this Act.

Sec. 203 Focusing assets for improved fisheries outcomes

(a)

In general— Section 2(b) of the Act of August 11, 1939 (15 U.S.C. 713c–3(b)), is amended—

(1)

in paragraph (1)—

(A)

by striking “beginning with the fiscal year commencing July 1, 1954, and ending on June 30, 1957,”;

(B)

by striking “moneys” the first place that term appears and inserting “monies”; and

(C)

by striking “shall be maintained in a separate fund only for” and all that follows and inserting “shall only be used for the purposes described under subsection (c).”; and

(2)

by striking paragraph (2).

(b)

Limitations on bills transferring funds— Section 2(b) of the Act of August 11, 1939 (15 U.S.C. 713c–3(b)), as amended by subsection (a) of this section, is further amended by adding at the end the following:

“(2) Limitations on bills transferring funds

“(A) In general—It shall not be in order in the Senate or the House of Representatives to consider any bill, resolution, amendment, or conference report that reduces any amount in the fund referred to in paragraph (1) in a manner that is inconsistent with such paragraph.

“(B) Limitation on changes to this paragraph—It shall not be in order in the Senate or the House of Representatives to consider any bill, resolution, amendment, or conference report that would repeal or otherwise amend this paragraph.

“(C) Waiver—A provision of this paragraph may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn.

“(D) Appeals—An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on the point of order raised under this paragraph.

“(E) Rules of the Senate and the House of Representatives—This paragraph is enacted by Congress—

“(i) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and is deemed to be part of the rules of each house, respectively, but applicable only with respect to the procedure to be followed in the House in the case of a bill, resolution, amendment, or conference report under this paragraph, and it supersedes other rules only to the extent that it is inconsistent with such rules; and

“(ii) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.”

Sec. 204 Gulf of Mexico red snapper catch limits; repeal

Section 407 (16 U.S.C. 1883) is amended by striking subsection (d).