Sec. 8. Improving fisheries data collection
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The Secretary of Commerce shall issue guidance regarding the use of electronic monitoring for the purposes of monitoring fisheries that are subject to the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ). The guidance shall— distinguish between monitoring for data collection and research purposes and monitoring for compliance and enforcement purposes; and include minimum criteria, objectives, or performance standards for electronic monitoring.
In issuing the guidance the Secretary shall— consult with the Regional Fishery Management Councils and interstate fishery management commissions; publish the proposed guidance; and provide an opportunity for the submission by the public of comments on the proposed guidance. Subject to subparagraph (B), and after the issuance of the final guidance, a Council, or the Secretary for fisheries referred to in section 302(a)(3) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1852(a)(3) ), may, in accordance with the guidance, on a fishery-by-fishery basis and consistent with the existing objectives and management goals of a fishery management plan and the Act for a fishery issued by the Council or the Secretary, respectively, amend such plan— to incorporate electronic monitoring as an alternative tool for data collection and monitoring purposes or for compliance and enforcement purposes (or both); and to allow for the replacement of a percentage of on-board observers with electronic monitoring.
Subparagraph
(A)shall apply to a fishery only if the Council or Secretary, respectively, determines that such monitoring will yield comparable data collection and compliance results. Before the issuance of final guidance, a Council, or the Secretary for fisheries referred to in section 302(a)(3) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1852(a)(3) ), may, subject to the requirements of such Act, on a fishery-by-fishery basis, and consistent with the existing objectives and management goals of a fishery management plan for a fishery issued by the Council or the Secretary, respectively, conduct a pilot project for the use of electronic monitoring for the fishery. The Secretary shall issue final guidance under this subsection by not later than 12 months after the date of enactment of this Act. The Secretary shall work with the Regional Fishery Management Councils and nongovernmental entities to develop and implement the use pursuant to the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ) of video survey technologies and expanded use of acoustic survey technologies.
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