I 

113TH CONGRESS 

1ST SESSION H. R. 3063 

To amend the Magnuson-Stevens Fishery Conservation and Management Act 

to require the Secretary of Commerce to develop a plan to conduct 

stock assessments for all stocks of fish for which a fishery management 

plan is in effect under that Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 2, 2013 

Mr. WITTMAN introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To amend the Magnuson-Stevens Fishery Conservation and 

Management Act to require the Secretary of Commerce 

to develop a plan to conduct stock assessments for all 

stocks of fish for which a fishery management plan is 

in effect under that Act, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Healthy Fisheries 

5 through Better Science Act’’. 


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1 SEC. 2. DEFINITION OF STOCK ASSESSMENT. 

2 Section 3 of the Magnuson-Stevens Fishery Con3 servation and Management Act (16 U.S.C. 1802) is 

4 amended by redesignating the paragraphs after paragraph 

5 (42) in order as paragraphs (44) through (52), and by 

6 inserting after paragraph (42) the following: 

7 ‘‘(43) The term ‘stock assessment’ means an 

8 evaluation of the past, present, and future status of 

9 a stock of fish, that includes— 

10 ‘‘(A) a range of life history characteristics 

11 for such stock, including— 

12 ‘‘(i) the geographical boundaries of 

13 such stock; and 

14 ‘‘(ii) information on age, growth, nat15 ural mortality, sexual maturity and repro16 duction, feeding habits, and habitat pref17 erences of such stock; and 

18 ‘‘(B) fishing for the stock.’’. 

19 SEC. 3. STOCK ASSESSMENT PLAN. 

20 (a) IN GENERAL.—Section 404 of the Magnuson-Ste21 vens Fishery Conservation and Management Act (16 

22 U.S.C. 18881c) is amended by adding at the end the fol23 lowing: 

24 ‘‘(e) STOCK ASSESSMENT PLAN.— 

25 ‘‘(1) IN GENERAL.—The Secretary shall develop 

26 and publish in the Federal Register, on the same 


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1 schedule as required for the strategic plan required 

2 under section 404(b) of such Act, a plan to conduct 

3 stock assessments for all stocks of fish for which a 

4 fishery management plan is in effect under this Act. 

5 ‘‘(2) CONTENTS.—The plan shall— 

6 ‘‘(A) for each stock of fish for which a 

7 stock assessment has previously been con8 ducted— 

9 ‘‘(i) establish a schedule for updating 

10 the stock assessment that is reasonable 

11 given the biology and characteristics of the 

12 stock; and 

13 ‘‘(ii) subject to the availability of ap14 propriations, require completion of a new 

15 stock assessment, or an update of the most 

16 recent stock assessment— 

17 ‘‘(I) every 5 years; or 

18 ‘‘(II) within such other time pe19 riod specified and justified by the Sec20 retary in the plan; 

21 ‘‘(B) for each stock of fish for which a 

22 stock assessment has not previously been con23 ducted— 

24 ‘‘(i) establish a schedule for con25 ducting an initial stock assessment that is 


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1 reasonable given the biology and character2 istics of the stock; and 

3 ‘‘(ii) subject to the availability of ap4 propriations, require completion of the ini5 tial stock assessment within 3 years after 

6 the plan is published in the Federal Reg7 ister unless another time period is specified 

8 and justified by the Secretary in the plan; 

9 and 

10 ‘‘(C) identify data and analysis, especially 

11 concerning recreational fishing, that, if avail12 able, would reduce uncertainty in and improve 

13 the accuracy of future stock assessments, in14 cluding whether such data and analysis could 

15 be 10 provided by nongovernmental sources, in16 cluding fishermen, fishing communities, univer17 sities, and research institutions. 

18 ‘‘(3) WAIVER OF STOCK ASSESSMENT REQUIRE19 MENT.—Notwithstanding subparagraphs (A)(ii) and 

20 (B)(ii), a stock assessment is not required for a 

21 stock of fish in the plan if the Secretary determines 

22 that such a stock assessment is not necessary and 

23 justifies such determination in the Federal Register 

24 notice required by this subsection.’’. 


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1 (b) DEADLINE.—Notwithstanding paragraph (1) of 

2 section 404(e) of such Act, as amended by this section, 

3 the Secretary of Commerce shall issue the first stock as4 sessment plan under such section by not later than 1 year 

5 after the date of enactment of this Act. 

6 SEC. 4. IMPROVING SCIENCE. 

7 (a) INCORPORATION OF INFORMATION FROM WIDE

8 VARIETY OF SOURCES.—Section 2(a)(8) of the Magnu9 son-Stevens Fishery Conservation and Management Act 

10 (16 U.S.C. 1801) is amended by adding at the end the 

11 following: ‘‘Fisheries management is most effective when 

12 it incorporates information provided by governmental and 

13 nongovernmental sources, including State and Federal 

14 agency staff, fishermen, fishing communities, universities, 

15 research institutions, and other appropriate entities. As 

16 appropriate, such information should be considered the 

17 best scientific information available and form the basis of 

18 conservation and management measures as required by 

19 this Act.’’. 

20 (b) IMPROVING DATA COLLECTION AND ANALYSIS.— 

21 (1) IN GENERAL.—Section 404 of the Magnu22 son-Stevens Fishery Conservation and Management 

23 Act (16 U.S.C. 1881c), as amended by this Act, is 

24 further amended by adding at the end the following: 


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1 ‘‘(f) IMPROVING DATA COLLECTION AND ANAL2 YSIS.— 

3 ‘‘(1) IN GENERAL.—The Secretary, in consulta4 tion with the science and statistical committee of the 

5 Councils established under section 302(g), shall de6 velop and publish in the Federal Register guidelines 

7 that will facilitate greater incorporation of data, 

8 analysis, and stock assessments from nongovern9 mental sources, including fishermen, fishing commu10 nities, universities, and research institutions, into 

11 fisheries management decisions. 

12 ‘‘(2) CONTENT.—The guidelines shall— 

13 ‘‘(A) identify types of data and analysis, 

14 especially concerning recreational fishing, that 

15 can be reliably used as the best scientific infor16 mation available for purposes of this Act and 

17 the basis for establishing conservation and man18 agement measures as required by section 

19 303(a)(1), including setting standards for the 

20 collection and use of such data and analysis in 

21 stock assessments and for other purposes; 

22 ‘‘(B) provide specific guidance for col23 lecting data and performing analyses identified 

24 as necessary to reduce the uncertainty referred 

25 to in section 404(e)(2)(C); and 


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1 ‘‘(C) establish a registry of persons pro2 viding such information. 

3 ‘‘(3) ACCEPTANCE AND USE OF DATA AND

4 ANALYSES.—The Secretary and Regional Fishery 

5 Management Councils shall— 

6 ‘‘(A) use all data and analyses that meet 

7 the guidelines published under paragraph (1) as 

8 the best scientific information available for pur9 poses of this Act in fisheries management deci10 sions, unless otherwise determined by the 

11 science and statistical committee of the Coun12 cils established pursuant to section 302(g) of 

13 the Act; 

14 ‘‘(B) explain in the Federal Register notice 

15 announcing the fishery management decision 

16 how such data and analyses have been used to 

17 establish conservation and management meas18 ures; and 

19 ‘‘(C) if any such data or analysis is not 

20 used, provide in the Federal Register notice an21 nouncing the fishery management decision an 

22 explanation developed by such science and sta23 tistical committee of why such data or analysis 

24 was not used.’’. 


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1 (b) DEADLINE.—The Secretary of Commerce shall 

2 develop and publish guidelines under the amendment 

3 made by subsection (a) by not later than 1 year after the 

4 date of enactment of this Act. 

5 SEC. 5. COST REDUCTION REPORT. 

6 Within 1 year after the date of enactment of this Act, 

7 the Secretary of Commerce, in consultation with the Re8 gional Fishery Management Councils, shall submit a re9 port to Congress that, with respect to each fishery gov10 erned by a fishery management plan in effect under the 

11 Magnuson-Stevens Fishery Conservation and Manage12 ment Act (16 U.S.C. 1801 et seq.)— 

13 (1) identifies the goals of the applicable pro14 grams governing monitoring and enforcement of 

15 fishing that is subject to such plan; 

16 (2) identifies methods to accomplish those 

17 goals, including human observers, electronic moni18 toring, and vessel monitoring systems; 

19 (3) certifies which such methods are most cost20 effective for fishing that is subject to such plan; and 

21 (4) explains why such most-cost-effective meth22 ods are not required, if applicable. 


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1 SEC. 6. COST SHARING. 

2 Section 304(d) of the Magnuson-Stevens Fishery 

3 Conservation and Management Act (16 U.S.C. 1854(d)) 

4 is amended by adding at the end the following: 

5 ‘‘(3) The Secretary shall not collect any fee 

6 under this section or section 313(a) before preparing 

7 an analysis that identifies the costs that will be re8 covered by the fee and the costs that will not be re9 covered by the fee. Such analysis shall be included 

10 in the applicable fisheries management plan.’’. 

Æ 


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