Sec. 4. State recreational fishery catch and effort data collection
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/bill/118/hr/8705/ih/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A State may, subject to the approval of the Administrator, carry out a program within the waters of such State and Federal waters to collect recreational fishing catch and effort data for individual, or sets, of species that are federally managed. If a State carries out a program under paragraph (1), the head of such program shall— ensure that such program complies with paragraph (3); collect recreational fishery catch and effort data with respect to such State; report such data that is necessary for Federal management to the Administrator in a manner and timeliness that complies with section 401 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1881 ); and take into consideration the burden of such program to the average angler such that such program is not overly burdensome to the point that substantial noncompliance would be expected.
The Administrator, in consultation with the regional State fisheries commissions, shall, with respect to data collected through a recreational fishery catch and effort data collection program of a State carried out under this subsection— establish universal standards regarding the collection of such data, including ensuring that such standards— allow for flexibility in the design of such programs to account for differences in recreational fishing activity between States; and facilitate the collection of comparable data between States within a region for the purposes of stock assessments and management; establish such data as the baseline for the calibration of historic estimates of recreational catch; and use such data to establish catch limits and monitor landings without calibration to any Federal program, including the MRIP.
Data collected through a State program carried out under this subsection may be used in Federal stock assessments and regulatory actions. If a State collects data pursuant to this subsection that is collected pursuant to the MRIP, the Administrator shall use the data collected by the State in place of the data collected pursuant to the MRIP. Upon approval by the Administrator of a recreational fishery catch and effort data collection program of a State under paragraph (1), funding previously allocated to such State for the collection of recreational fishery catch and effort data through the MRIP shall continue to be allocated to such State for such State to carry out such program of the State.
Not later than 180 days after the date of the enactment of this section, the Administrator shall establish and carry out a grant program to award amounts to States to develop, with respect to each such State, a new, or improve an existing, program described in subsection (a). To be eligible for a grant under this subsection, a State shall submit to the Administrator an application in such form, at such time, and containing such information as the Administrator determines appropriate.
A State that is awarded a grant under this subsection shall use such award— to support the development or improvement of a program described in subsection
(a)of such State; to enhance the timeliness of reporting by such State of data collected by such State through such program; and to increase the accuracy and precision of the data collected by such State pursuant to such program. In awarding grants under this subsection, the Administrator shall give priority to applications— based on the ability of the award to reduce the uncertainty of data collected through the MRIP, including with respect to— economically or socially important species; species a fishery of which is at risk of closure; and species a fishery of which is at risk of closing another fishery because the management of both fisheries are intermingled; and that would alter or improve an existing State program carried out under subsection
(a)to meet the requirements under subsection (a)(3). On the date that is 2 years after the date of the enactment of this section, and biennially thereafter, the Administrator shall submit to the appropriate congressional committees and make publicly available a report regarding the implementation of this section that includes— the number of States that have participated in the grant program established under subsection (b); a description of each State recreational fishery catch and effort data collection program; a description of how the Administrator incorporates data collected pursuant to each such program in fishery stock assessments, fishery management decisions, and catch monitoring; and an analysis regarding the improvement in data precision and the accuracy of data collected pursuant to each such program compared to data collected through the MRIP. Nothing in this section may be construed to negate, uncertify, or otherwise undo existing State programs to collect recreational fishing catch and effort data.
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Sec. 4
State recreational fishery catch and effort data collection
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