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Title II — Fishery information, research, and development

S. 1748 · 115th Congress · Aug 3, 2017 · 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, submit to Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives, 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 State fish and wildlife agencies, fishermen, fishing communities, universities, research institutions, and philathropic organizations.

“(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 State fish and wildlife agencies, fishermen, fishing communities, universities, research institutions, and philanthropic organizations, 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.”

(2)
Deadline— The Secretary of Commerce shall submit the report required by section 404(f) of the Magnuson-Stevens Fishery Conservation and Management Act, as added by paragraph (1), not later than 1 year after the date of the enactment of this Act.
(b)
NAS report recommendations— The Secretary of Commerce shall consider, 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 applications, electronic diaries for prospective data collection, and an Internet website option; 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 that is consistent with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).