Sec. 4. Improving science
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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, research institutions, and other appropriate entities. 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. .
Section 404 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1881c ), as amended by this Act, is further amended by adding at the end the following: The Secretary, in consultation with the science and statistical committee of the Councils 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.
The guidelines shall— identify types of data and analysis, especially concerning recreational fishing, that can be reliably used as the best scientific information available 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 such data and analysis in stock assessments and for other purposes; provide specific guidance for collecting data and performing analyses identified as necessary to reduce the uncertainty referred to in section 404(e)(2)(C); and establish a registry of persons providing such information.
The Secretary and Regional Fishery Management Councils shall— 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; 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; and if any such data or analysis is not used, provide in the Federal Register notice announcing the fishery management decision an explanation developed by such science and statistical committee of why such data or analysis was not used. . The Secretary of Commerce shall develop and publish guidelines under the amendment made by subsection
(a)by not later than 1 year after the date of enactment of this Act.
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