Sec. 27. Healthy fisheries through better science
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Section 3 ( 16 U.S.C. 1802 ), as amended by section 22(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: The term stock assessment means an evaluation of the past, present, and future status of a stock of fish, that includes— a range of life history characteristics for such stock, including— the geographical boundaries of such stock; and information on age, growth, natural mortality, sexual maturity and reproduction, feeding habits, and habitat preferences of such stock; and fishing for the stock. . Section 404 ( 16 U.S.C. 1881c ), as amended by section 9(d) of this Act, is further amended by adding at the end the following: 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. The plan shall— for each stock of fish for which a stock assessment has previously been conducted— establish a schedule for updating the stock assessment that is reasonable given the biology and characteristics of the stock; and subject to the availability of appropriations, require completion of a new stock assessment, or an update of the most recent stock assessment— every 5 years; or within such other time period specified and justified by the Secretary in the plan; for each stock of fish for which a stock assessment has not previously been conducted— establish a schedule for conducting an initial stock assessment that is reasonable given the biology and characteristics of the stock; and 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 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. 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. . 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. 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. . Section 404 ( 16 U.S.C. 1881c ), as amended by this section, is further amended by adding at the end the following: 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. The guidelines shall— 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 provide specific guidance for collecting data and performing analyses identified as necessary to reduce the uncertainty referred to in section 404(f)(2)(C). 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; and 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. . 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. 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. )— identifies the goals of the applicable programs governing monitoring and enforcement of fishing that is subject to such plan; identifies methods to accomplish those goals, including human observers, electronic monitoring, and vessel monitoring systems; certifies which such methods are most cost-effective for fishing that is subject to such plan; and explains why such most-cost-effective methods are not required, if applicable.
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