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Code · BILL · 118th Congress · H.R. 8705 (Introduced in House) — To require the Administrator of the National Oceanic and Atmospheric Administration to reform the Marine Recreational... · Sec. 3

Sec. 3. Recreational fishing data collection reform

732 words·~3 min read·/bill/118/hr/8705/ih/section-3

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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. 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.
In carrying out this subsection, the standing committee shall operate independently and without the influence of the Administrator. The standing committee shall include individuals who are experts in recreational fisheries data collection and management, including representatives from State fish and wildlife agencies. 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— to reduce the PSE of such seasonal fishery; or 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.
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— the options considered under that subparagraph (A); the recommendation of the Administrator regarding how— to reduce the PSE for data collected through the MRIP for such seasonal fishery; or 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 the reasoning, written in a manner easily understood by the public, for giving such recommendation. 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. In carrying out paragraphs
(1)and (2), the Administrator and the standing committee shall consider issues including the following: Whether the data collected through the MRIP is appropriate and useful for management decisions, including options to improve data collection methods. The extent to which existing and potential data collection options are— burdensome to anglers; and an efficient or appropriate use of resources. 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. 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— the PSE for data collected through the MRIP for such seasonal fishery is— significantly greater or less than the preceding 3-year average PSE for such seasonal fishery; or substantially greater than the PSE for data collected through State surveys for such seasonal fishery; or data collected through the MRIP for such seasonal fishery is unreliable because the stock of fish of such seasonal fishery is— infrequently encountered through MRIP surveys; or a pulse species. 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. 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.
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Sec. 3
Recreational fishing data collection reform
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