I 118th CONGRESS 2d Session H. R. 8705 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.

1. Short title This Act may be cited as the Fisheries Data Modernization and Accuracy Act of 2024 . 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. 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. 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. 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. 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). 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. 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). .