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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8705 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 8705

 To require the Administrator of the National Oceanic and Atmospheric 
Administration to reform the Marine Recreational Information Program of 
     the National Marine Fisheries Service, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 12, 2024

   Mr. Graves of Louisiana introduced the following bill; 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 Service, 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.

    This Act may be cited as the ``Fisheries Data Modernization and 
Accuracy Act of 2024''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Oceanic and Atmospheric 
        Administration, acting through the Director of the National 
        Marine Fisheries Service.
            (2) Fishery.--The term ``fishery'' has the meaning given 
        the term in section 3 of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1802).
            (3) Independent entity.--The term ``independent entity''--
                    (A) means an entity that--
                            (i) is not a unit of the National Oceanic 
                        and Atmospheric Administration; and
                            (ii) has expertise in areas of science 
                        related to fishery stock assessments; and
                    (B) includes--
                            (i) the National Academies of Sciences, 
                        Engineering, and Medicine; and
                            (ii) an institution of higher education (as 
                        such term is defined in section 101 of the 
                        Higher Education Act of 1965 (20 U.S.C. 1001)).
            (4) MRIP.--The term ``MRIP'' means the Marine Recreational 
        Information Program of the National Marine Fisheries Service.
            (5) National academies.--The term ``National Academies'' 
        means the National Academies of Sciences, Engineering, and 
        Medicine.
            (6) PSE.--The term ``PSE'' means the percent standard 
        error.
            (7) Pulse species.--The term ``pulse species'' means a 
        species that, due to regulatory constraints or the movement or 
        availability of the species on a seasonal basis--
                    (A) is caught--
                            (i) on an intermittent or infrequent basis; 
                        or
                            (ii) only during an abbreviated timeframe; 
                        and
                    (B) is likely not sampled in a representative 
                manner by data collected through the MRIP.
            (8) Regional fishery management council.--The term 
        ``Regional Fishery Management Council'' means a Regional 
        Fishery Management Council established under section 302 of the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1852).
            (9) Regional state fisheries commission.--The term 
        ``regional State fisheries commission'' means each of--
                    (A) the Atlantic States Marine Fisheries 
                Commission;
                    (B) the Gulf States Marine Fisheries Commission; 
                and
                    (C) the Pacific States Marine Fisheries Commission.
            (10) Scientific and statistical committee.--The term 
        ``scientific and statistical committee'' means a scientific and 
        statistical committee established pursuant to section 302(g) of 
        the Magnuson-Stevens Fishery Conservation and Management Act 
        (16 U.S.C. 1852(g)).
            (11) Seasonal fishery.--The term ``seasonal fishery'' means 
        a fishery--
                    (A) that is subject to an annual closed season; or
                    (B) that may be affected by in- or post-season 
                accountability measures that result in fishing or 
                harvest closures.
            (12) Standing committee.--The term ``standing committee'' 
        means the standing committee established pursuant to section 
        2(b)(1).
            (13) Stock of fish.--The term ``stock of fish'' has the 
        meaning given the term in section 3 of the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1802).
            (14) Wave.--The term ``wave'' means the shortest period in 
        which MRIP data are aggregated and reported for use in 
        management decisions.

SEC. 3. RECREATIONAL FISHING DATA COLLECTION REFORM.

    (a) 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 States, 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 programs.
    (b) National Academies.--
            (1) Standing committee.--
                    (A) 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 management.
                    (B) Independence.--In carrying out this subsection, 
                the standing committee shall operate independently and 
                without the influence of the Administrator.
                    (C) Composition.--The standing committee shall 
                include individuals who are experts in recreational 
                fisheries data collection and management, including 
                representatives from State fish and wildlife agencies.
            (2) Consultation regarding pse.--
                    (A) In general.--If the PSE for data collected 
                through the MRIP for a given seasonal fishery reaches 
                or exceeds 30 percent in a given wave, or if a State 
                submits a petition with respect to a given seasonal 
                fishery under paragraph (4), the Administrator shall 
                consult with the standing committee regarding options--
                            (i) to reduce the PSE of such seasonal 
                        fishery; or
                            (ii) if reducing the PSE is not 
                        practicable, to adjust the management of such 
                        seasonal fishery, including by using the 
                        management approaches described in section 
                        302(h)(8) of the Magnuson-Stevens Fishery 
                        Conservation and Management Act (16 U.S.C. 
                        1852(h)(8)) or multi-year annual catch limits.
                    (B) Report.--After the Administrator consults with 
                the standing committee under subparagraph (A) with 
                respect to a seasonal fishery described in that 
                subparagraph, the Administrator shall, not later than 6 
                months after the date on which either the PSE for data 
                collected through the MRIP for such seasonal fishery 
                exceeds 30 percent in a given wave or the Administrator 
                receives a petition submitted by a State under 
                paragraph (4), publish a report specifying--
                            (i) the options considered under that 
                        subparagraph (A);
                            (ii) the recommendation of the 
                        Administrator regarding how--
                                    (I) to reduce the PSE for data 
                                collected through the MRIP for such 
                                seasonal fishery; or
                                    (II) 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 102 
                                of the Modernizing Recreational 
                                Fisheries Management Act of 2018 
                                (Public Law 115-405); and
                            (iii) the reasoning, written in a manner 
                        easily understood by the public, for giving 
                        such recommendation.
                    (C) Regional fishery management council.--If the 
                Administrator publishes a report under subparagraph (B) 
                with respect to a seasonal fishery described in 
                subparagraph (A), the Administrator shall send such 
                report to the relevant Regional Fishery Management 
                Council for consideration.
            (3) Consideration.--In carrying out paragraphs (1) and (2), 
        the Administrator and the standing committee shall consider 
        issues including the following:
                    (A) Whether the data collected through the MRIP is 
                appropriate and useful for management decisions, 
                including options to improve data collection methods.
                    (B) The extent to which existing and potential data 
                collection options are--
                            (i) burdensome to anglers; and
                            (ii) an efficient or appropriate use of 
                        resources.
                    (C) 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'' (2021) and other relevant National Academies 
                activities can and should be applied in light of the 
                particular context of the fishery being considered.
            (4) Petition to initiate consultation.--A State may submit 
        to the Administrator a petition for the Administrator to 
        initiate the consultation process under paragraph (2) with 
        respect to a given seasonal fishery if--
                    (A) the PSE for data collected through the MRIP for 
                such seasonal fishery is--
                            (i) significantly greater or less than the 
                        preceding 3-year average PSE for such seasonal 
                        fishery; or
                            (ii) substantially greater than the PSE for 
                        data collected through State surveys for such 
                        seasonal fishery; or
                    (B) data collected through the MRIP for such 
                seasonal fishery is unreliable because the stock of 
                fish of such seasonal fishery is--
                            (i) infrequently encountered through MRIP 
                        surveys; or
                            (ii) a pulse species.
            (5) Combined reports.--In carrying out this subsection, the 
        Administrator may carry out a single consultation with the 
        standing committee under paragraph (2) with respect to 2 or 
        more species if the Administrator and the standing committee 
        jointly determine the underlying issues that triggered the 
        consultation are highly similar.
    (c) 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 section.

SEC. 4. STATE RECREATIONAL FISHERY CATCH AND EFFORT DATA COLLECTION.

    (a) State Recreational Fishery Catch and Effort Data Collection 
Program.--
            (1) In general.--A State may, subject to the approval of 
        the Administrator, carry out a program within the waters of 
        such State and Federal waters to collect recreational fishing 
        catch and effort data for individual, or sets, of species that 
        are federally managed.
            (2) Requirements.--If a State carries out a program under 
        paragraph (1), the head of such program shall--
                    (A) ensure that such program complies with 
                paragraph (3);
                    (B) collect recreational fishery catch and effort 
                data with respect to such State;
                    (C) report such data that is necessary for Federal 
                management to the Administrator in a manner and 
                timeliness that complies with section 401 of the 
                Magnuson-Stevens Fishery Conservation and Management 
                Act (16 U.S.C. 1881); and
                    (D) 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 expected.
            (3) Data requirements.--The Administrator, in consultation 
        with the regional State fisheries commissions, shall, with 
        respect to data collected through a recreational fishery catch 
        and effort data collection program of a State carried out under 
        this subsection--
                    (A) establish universal standards regarding the 
                collection of such data, including ensuring that such 
                standards--
                            (i) allow for flexibility in the design of 
                        such programs to account for differences in 
                        recreational fishing activity between States; 
                        and
                            (ii) facilitate the collection of 
                        comparable data between States within a region 
                        for the purposes of stock assessments and 
                        management;
                    (B) establish such data as the baseline for the 
                calibration of historic estimates of recreational 
                catch; and
                    (C) use such data to establish catch limits and 
                monitor landings without calibration to any Federal 
                program, including the MRIP.
            (4) Use of state data.--
                    (A) In general.--Data collected through a State 
                program carried out under this subsection may be used 
                in Federal stock assessments and regulatory actions.
                    (B) MRIP.--If a State collects data pursuant to 
                this subsection that is collected pursuant to the MRIP, 
                the Administrator shall use the data collected by the 
                State in place of the data collected pursuant to the 
                MRIP.
            (5) Subsequent funding.--Upon approval by the Administrator 
        of a recreational fishery catch and effort data collection 
        program of a State under paragraph (1), 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 State.
    (b) Grant Program.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this section, the Administrator shall 
        establish and carry out a grant program to award amounts to 
        States to develop, with respect to each such State, a new, or 
        improve an existing, program described in subsection (a).
            (2) Applications.--To be eligible for a grant under this 
        subsection, a State shall submit to the Administrator an 
        application in such form, at such time, and containing such 
        information as the Administrator determines appropriate.
            (3) Use of funds.--A State that is awarded a grant under 
        this subsection shall use such award--
                    (A) to support the development or improvement of a 
                program described in subsection (a) of such State;
                    (B) to enhance the timeliness of reporting by such 
                State of data collected by such State through such 
                program; and
                    (C) to increase the accuracy and precision of the 
                data collected by such State pursuant to such program.
            (4) Priority.--In awarding grants under this subsection, 
        the Administrator shall give priority to applications--
                    (A) based on the ability of the award to reduce the 
                uncertainty of data collected through the MRIP, 
                including with respect to--
                            (i) economically or socially important 
                        species;
                            (ii) species a fishery of which is at risk 
                        of closure; and
                            (iii) species a fishery of which is at risk 
                        of closing another fishery because the 
                        management of both fisheries are intermingled; 
                        and
                    (B) that would alter or improve an existing State 
                program carried out under subsection (a) to meet the 
                requirements under subsection (a)(3).
    (c) Report.--On the date that is 2 years after the date of the 
enactment of this section, and biennially thereafter, the Administrator 
shall submit to the appropriate congressional committees and make 
publicly available a report regarding the implementation of this 
section that includes--
            (1) the number of States that have participated in the 
        grant program established under subsection (b);
            (2) a description of each State recreational fishery catch 
        and effort data collection program;
            (3) a description of how the Administrator incorporates 
        data collected pursuant to each such program in fishery stock 
        assessments, fishery management decisions, and catch 
        monitoring; and
            (4) 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 MRIP.
    (d) Rule of Construction.--Nothing in this section may be construed 
to negate, uncertify, or otherwise undo existing State programs to 
collect recreational fishing catch and effort data.

SEC. 5. HEALTHY FISHERIES THROUGH BETTER SCIENCE.

    (a) Definition of Stock Assessment.--Section 3 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1802) is 
amended--
            (1) by redesignating paragraphs (43) through (50) as 
        paragraphs (44) through (51), respectively;
            (2) by inserting after paragraph (42) the following:
            ``(43) The term `stock assessment' means an evaluation of 
        the past, present, and future status of a stock of fish, 
        including--
                    ``(A) a range of life history characteristics for 
                such stock of fish, including, to the extent 
                practicable--
                            ``(i) the geographical boundaries of such 
                        stock of fish; and
                            ``(ii) information regarding age, growth, 
                        natural mortality, sexual maturity and 
                        reproduction, feeding habits, and habitat 
                        preferences of such stock of fish; and
                    ``(B) fishing for the stock of fish.''; and
            (3) by redesignating the second paragraph (33) as paragraph 
        (52).
    (b) Stock Assessment Plan.--
            (1) In general.--Section 404 of the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1881c) is 
        amended by adding at the end the following:
    ``(f) Stock Assessment Plan.--
            ``(1) In general.--The Secretary shall develop and publish 
        in the Federal Register, on the same schedule as required for 
        each strategic plan required under subsection (b), a plan to 
        conduct stock assessments for priority stocks of fish for which 
        a fishery management plan is in effect under this Act.
            ``(2) Contents.--Each plan described in paragraph (1) 
        shall--
                    ``(A) for each priority 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 of 
                        fish; 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) every 5 years; or
                                    ``(II) within such other time 
                                period specified and justified by the 
                                Secretary in the plan;
                    ``(B) for each priority 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 on which the plan is published 
                        in the Federal Register unless another time 
                        period is specified and justified by the 
                        Secretary in the plan; and
                    ``(C)(i) identify data and analysis, including both 
                data and analysis that is and is not available at the 
                time the plan is prepared, that would reduce the 
                uncertainty, improve the accuracy, and increase the 
                efficiency of future stock assessments; and
                    ``(ii) with respect to data and analysis identified 
                under clause (i), determine whether such data and 
                analysis could be provided by fishermen, fishing 
                communities, universities, and research institutions, 
                to the extent that the use of such data would be 
                consistent with the requirements in section 301(a)(2).
            ``(3) Waiver of stock assessment requirement.--
        Notwithstanding subparagraphs (A)(ii) and (B)(ii) of paragraph 
        (2), a stock assessment is not required for a stock of fish in 
        the plan described in paragraph (1) if the Secretary determines 
        that such stock assessment is not necessary and justifies such 
        determination in the Federal Register notice required by this 
        subsection.''.
            (2) Deadline.--Notwithstanding section 404(f)(1) of the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1881c(f)(1)), as added by this section, the Secretary of 
        Commerce shall issue the first stock assessment plan under 
        section 404(f) of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1881c(f)), as added by this section, 
        not later than 2 years after the date of the enactment of this 
        section.

SEC. 6. FISHERY-INDEPENDENT SURVEYS BY INDEPENDENT ENTITIES.

    (a) 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 
Administrator.
    (b) Applications.--To be eligible to enter into a contract under 
the program established under subsection (a), an independent entity 
shall submit to the Administrator an application in such form, at such 
time, and containing such information as the Administrator determines 
appropriate, including evidence of the following:
            (1) Use by the independent entity of modern or cutting-edge 
        science.
            (2) The ability of the independent entity to handle data in 
        a reliable manner.
    (c) Use of Data.--Upon favorable peer review, the Administrator, in 
consultation with the relevant scientific and statistical committees 
and independent entity and with consideration of the report submitted 
under section 7, shall incorporate data collected pursuant to a 
fishery-independent abundance survey conducted by an independent entity 
under the program established under subsection (a) in management 
decisions.
    (d) Report.--The Administrator shall annually submit to the 
Committee on Natural Resources of the House of Representatives and the 
Committee on Commerce, Science, 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 (c).

SEC. 7. REPORT.

    Not later than 1 year after the date of the enactment of this 
section, the National Academies, in consultation with the Harte 
Research Institute for Gulf of Mexico Studies, shall submit to the 
Committee on Natural Resources of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate and 
make publicly available a report regarding--
            (1) the incorporation of the results of the study titled 
        ``Estimating the Absolute Abundance of Age-2+ Red Snapper 
        (Lutjanus campechanus) in the U.S. Gulf of Mexico'' (August 16, 
        2021) in management decisions of the National Marine Fisheries 
        Service; and
            (2) recommendations regarding the incorporation of data 
        collected pursuant to section 6 in management decisions of the 
        National Marine Fisheries Service.

SEC. 8. TRANSPARENCY AND PUBLIC PROCESS.

    (a) Advice.--Section 302(g)(1)(B) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1852(g)(1)(B)) is amended by 
adding at the end the following: ``Each scientific and statistical 
committee shall develop such advice in a transparent manner and allow 
for public involvement in the process.''.
    (b) Meetings.--Section 302(i)(2) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1852(i)(2)) is amended by 
adding at the end the following:
            ``(G) Each Council shall make available on the Internet 
        website of the Council--
                    ``(i) with respect to each meeting of the Council 
                and Council coordination committee established under 
                subsection (l) that is not closed in accordance with 
                paragraph (3), to the extent practicable, a Webcast, 
                live audio recording, or live broadcast of each such 
                meeting; and
                    ``(ii) with respect to each meeting of the Council 
                and of the scientific and statistical committee 
                established by the Council under subsection (g)(1)(A) 
                that is not closed in accordance with paragraph (3), by 
                not later than 30 days after the conclusion of each 
                such meeting, an audio or video (if the meeting was 
                held in person or by video conference) recording or a 
                searchable audio or written transcript of each such 
                meeting.
            ``(H) The Secretary shall maintain and make available to 
        the public an archive of each recording and transcript made 
        available under subparagraph (G).''.
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