Amendment modifies language in the bill allowing for the use of graduate students in the collection of recreational fishing data; clarifies that guidance prepared by the National Academy of Sciences regarding the economic benefits of commercial and recreational fishing within the mixed-use fisheries is to be given to the south Atlantic and the Gulf of Mexico councils; modifies the provisions in law regarding the council review of limited access programs to include not only the benefits of the program, but also any adverse impacts; finally, the amendment includes language to allow stock assessments to include information from universities, fishermen, fishing communities, and research institutions, in addition to State and Federal fisheries data.

1. 1

   Change 1: Rewrites page 46, lines 5–9

   ReplacesPrinted page

   Removes page 46, lines 5–9 of the printed bill. See that page

   Inserted: (4) The Secretary shall, to the extent practicable, when hiring individuals to collect information regarding marine recreational fishing under this subsection, give preference to students studying fisheries conservation and management, water resource issues, or other relevant subjects at an institution of higher education in the United States.

   Original wording

   Page 46, strike lines 5 through 9 and insert the following:

2. 2

   Change 2: Replaces “Regional Fishery” through line 22 with “the South Atlantic Fishery Management Council and Gulf of Mexico Fishery Management Counc…”

   ReplacesPage 46, lines 19–22Printed page

   [struck: Regional Fishery …][inserted: the South Atlantic Fishery Management Council and Gulf of Mexico Fishery Management Council on criteria that]

   Original wording

   Page 46, beginning at line 19, strike “Regional Fishery” and all that follows through line 22 and insert “the South Atlantic Fishery Management Council and Gulf of Mexico Fishery Management Council on criteria that”.

3. 3

   Change 3: Adds SEC. __. REQUIREMENTS FOR LIMITED ACCESS PRIVILEGES on page 47, line 22

   Adds a sectionPrinted page

   Inserted: SEC. __. REQUIREMENTS FOR LIMITED ACCESS PRIVILEGES.

   Inserted: Section 3303A(c)(1)(G) (16 U.S.C. 1853a(c)(1)(G)) is amended to read as follows:

   Inserted: "(G) include provisions for a formal and detailed review 5 years after the implementation of the program, and thereafter the regular monitoring and review by the Council and the Secretary of the operations and impacts of the program, to coincide with scheduled Council review of the relevant fishery management plan (but no less frequently than once every 7 years) including--

   Inserted: "(i) determining progress in meeting the goals of the program and this Act;

   Inserted: "(ii) delineating the positive and negative economic effects of the program on fishermen and processors who are part of the program and the coastal communities in which they reside; and

   Inserted: "(iii) any necessary modification of the program to meet those goals, including a formal schedule for action to be taken within 2 years;".

   Inserted: SEC. __. HEALTHY FISHERIES THROUGH BETTER SCIENCE.

   Inserted: (a) Definition of Stock Assessment.--Section 3 (16 U.S.C. 1802), as amended by section 23(a) of this Act, is further amended by redesignating the paragraphs after paragraph (42) in order as paragraphs (44) through (53), and by inserting after paragraph (42) the following:

   Inserted: "(43) The term 'stock assessment' means an evaluation of the past, present, and future status of a stock of fish, that includes--

   Inserted: "(A) a range of life history characteristics for such stock, including--

   Inserted: "(i) the geographical boundaries of such stock; and

   Inserted: "(ii) information on age, growth, natural mortality, sexual maturity and reproduction, feeding habits, and habitat preferences of such stock; and

   Show 34 more inserted paragraphsShow less

   Inserted: "(B) fishing for the stock.".

   Inserted: (b) Stock Assessment Plan.--

   Inserted: (1) In general.--Section 404 (16 U.S.C. 1881c), as amended by section 10(d) of this Act, is further amended by adding at the end the following:

   Inserted: "(f) Stock Assessment Plan.--

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

   Inserted: "(2) Contents.--The plan shall--

   Inserted: "(A) for each stock of fish for which a stock assessment has previously been conducted--

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

   Inserted: "(ii) subject to the availability of appropriations, require completion of a new stock assessment, or an update of the most recent stock assessment--

   Inserted: "(I) every 5 years; or

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

   Inserted: "(B) for each stock of fish for which a stock assessment has not previously been conducted--

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

   Inserted: "(ii) subject to the availability of appropriations, require completion of the initial stock assessment within 3 years after the plan is published in the Federal Register unless another time period is specified and justified by the Secretary in the plan; and

   Inserted: "(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 such data and analysis could be provided by fishermen, fishing communities, universities, and research institutions.

   Inserted: "(3) Waiver of stock assessment requirement.--Notwithstanding subparagraphs (A)(ii) and (B)(ii), a stock assessment is not required for a stock of fish in the plan if the Secretary determines that such a stock assessment is not necessary and justifies such determination in the Federal Register notice required by this subsection.".

   Inserted: (2) Deadline.--Notwithstanding paragraph (1) of section 404(f) of the Magnuson-Stevens Fishery Conservation and Management Act, as amended by this section, the Secretary of Commerce shall issue the first stock assessment plan under such section by not later than 2 years after the date of enactment of this Act.

   Inserted: (c) Improving Science.--

   Inserted: (1) Incorporation of information from wide variety of sources.--Section 2(a)(8) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801) is amended by adding at the end the following: "Fisheries management is most effective when it incorporates information provided by governmental and nongovernmental sources, including State and Federal agency staff, fishermen, fishing communities, universities, and research institutions. As appropriate, such information should be considered the best scientific information available and form the basis of conservation and management measures as required by this Act.".

   Inserted: (2) Improving data collection and analysis.--Section 404 (16 U.S.C. 1881c), as amended by this section, is further amended by adding at the end the following:

   Inserted: "(g) Improving Data Collection and Analysis.--

   Inserted: "(1) In general.--The Secretary, in consultation with the Councils acting in reliance on their science and statistical committees established under section 302(g), shall develop and publish in the Federal Register guidelines that will facilitate greater incorporation of data, analysis, and stock assessments from nongovernmental sources, including fishermen, fishing communities, universities, and research institutions, into fisheries management decisions.

   Inserted: "(2) Content.--The guidelines shall--

   Inserted: "(A) identify types of data and analysis, especially concerning recreational fishing, that can be reliably used as the basis for establishing conservation and management measures as required by section 303(a)(1), including setting standards for the collection and use of such data and analysis in stock assessments and for other purposes; and

   Inserted: "(B) provide specific guidance for collecting data and performing analyses identified as necessary to reduce the uncertainty referred to in section 404(f)(2)(C).

   Inserted: "(3) Acceptance and use of data and analyses.--The Secretary and Regional Fishery Management Councils shall--

   Inserted: "(A) use all data and analyses that meet the guidelines published under paragraph (1) as the best scientific information available for purposes of this Act in fisheries management decisions, unless otherwise determined by the science and statistical committee of the Councils established pursuant to section 302(g) of the Act; and

   Inserted: "(B) explain in the Federal Register notice announcing the fishery management decision how such data and analyses have been used to establish conservation and management measures.".

   Inserted: (3) Deadline.--The Secretary of Commerce shall develop and publish guidelines under the amendment made by paragraph (2) by not later than 1 year after the date of enactment of this Act.

   Inserted: (d) Cost Reduction Report.--Within 1 year after the date of enactment of this Act, the Secretary of Commerce, in consultation with the Regional Fishery Management Councils, shall submit a report to Congress that, with respect to each fishery governed by a fishery management plan in effect under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.)--

   Inserted: (1) identifies the goals of the applicable programs governing monitoring and enforcement of fishing that is subject to such plan;

   Inserted: (2) identifies methods to accomplish those goals, including human observers, electronic monitoring, and vessel monitoring systems;

   Inserted: (3) certifies which such methods are most cost-effective for fishing that is subject to such plan; and

   Inserted: (4) explains why such most-cost-effective methods are not required, if applicable.

   Original wording

   Page 47, after line 22, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed