[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 8705 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 8705 To require the Administrator of the National Oceanic and Atmospheric Administration to reform the Marine Recreational Information Program of the National Marine Fisheries Service, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES June 12, 2024 Mr. Graves of Louisiana introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To require the Administrator of the National Oceanic and Atmospheric Administration to reform the Marine Recreational Information Program of the National Marine Fisheries Service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fisheries Data Modernization and Accuracy Act of 2024''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the National Oceanic and Atmospheric Administration, acting through the Director of the National Marine Fisheries Service. (2) Fishery.--The term ``fishery'' has the meaning given the term in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802). (3) Independent entity.--The term ``independent entity''-- (A) means an entity that-- (i) is not a unit of the National Oceanic and Atmospheric Administration; and (ii) has expertise in areas of science related to fishery stock assessments; and (B) includes-- (i) the National Academies of Sciences, Engineering, and Medicine; and (ii) an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)). (4) MRIP.--The term ``MRIP'' means the Marine Recreational Information Program of the National Marine Fisheries Service. (5) National academies.--The term ``National Academies'' means the National Academies of Sciences, Engineering, and Medicine. (6) PSE.--The term ``PSE'' means the percent standard error. (7) Pulse species.--The term ``pulse species'' means a species that, due to regulatory constraints or the movement or availability of the species on a seasonal basis-- (A) is caught-- (i) on an intermittent or infrequent basis; or (ii) only during an abbreviated timeframe; and (B) is likely not sampled in a representative manner by data collected through the MRIP. (8) Regional fishery management council.--The term ``Regional Fishery Management Council'' means a Regional Fishery Management Council established under section 302 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852). (9) Regional state fisheries commission.--The term ``regional State fisheries commission'' means each of-- (A) the Atlantic States Marine Fisheries Commission; (B) the Gulf States Marine Fisheries Commission; and (C) the Pacific States Marine Fisheries Commission. (10) Scientific and statistical committee.--The term ``scientific and statistical committee'' means a scientific and statistical committee established pursuant to section 302(g) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(g)). (11) Seasonal fishery.--The term ``seasonal fishery'' means a fishery-- (A) that is subject to an annual closed season; or (B) that may be affected by in- or post-season accountability measures that result in fishing or harvest closures. (12) Standing committee.--The term ``standing committee'' means the standing committee established pursuant to section 2(b)(1). (13) Stock of fish.--The term ``stock of fish'' has the meaning given the term in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802). (14) Wave.--The term ``wave'' means the shortest period in which MRIP data are aggregated and reported for use in management decisions. SEC. 3. RECREATIONAL FISHING DATA COLLECTION REFORM. (a) In General.--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. (b) National Academies.-- (1) Standing committee.-- (A) In general.--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. (B) Independence.--In carrying out this subsection, the standing committee shall operate independently and without the influence of the Administrator. (C) Composition.--The standing committee shall include individuals who are experts in recreational fisheries data collection and management, including representatives from State fish and wildlife agencies. (2) Consultation regarding pse.-- (A) In general.--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-- (i) to reduce the PSE of such seasonal fishery; or (ii) 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. (B) Report.--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-- (i) the options considered under that subparagraph (A); (ii) the recommendation of the Administrator regarding how-- (I) to reduce the PSE for data collected through the MRIP for such seasonal fishery; or (II) 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 (iii) the reasoning, written in a manner easily understood by the public, for giving such recommendation. (C) Regional fishery management council.--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. (3) Consideration.--In carrying out paragraphs (1) and (2), the Administrator and the standing committee shall consider issues including the following: (A) Whether the data collected through the MRIP is appropriate and useful for management decisions, including options to improve data collection methods. (B) The extent to which existing and potential data collection options are-- (i) burdensome to anglers; and (ii) an efficient or appropriate use of resources. (C) 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. (4) Petition to initiate consultation.--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-- (A) the PSE for data collected through the MRIP for such seasonal fishery is-- (i) significantly greater or less than the preceding 3-year average PSE for such seasonal fishery; or (ii) substantially greater than the PSE for data collected through State surveys for such seasonal fishery; or (B) data collected through the MRIP for such seasonal fishery is unreliable because the stock of fish of such seasonal fishery is-- (i) infrequently encountered through MRIP surveys; or (ii) a pulse species. (5) Combined reports.--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. (c) Rule of Construction.--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. SEC. 4. STATE RECREATIONAL FISHERY CATCH AND EFFORT DATA COLLECTION. (a) State Recreational Fishery Catch and Effort Data Collection Program.-- (1) In general.--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. (2) Requirements.--If a State carries out a program under paragraph (1), the head of such program shall-- (A) ensure that such program complies with paragraph (3); (B) collect recreational fishery catch and effort data with respect to such State; (C) 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 (D) 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. (3) Data requirements.--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-- (A) establish universal standards regarding the collection of such data, including ensuring that such standards-- (i) allow for flexibility in the design of such programs to account for differences in recreational fishing activity between States; and (ii) facilitate the collection of comparable data between States within a region for the purposes of stock assessments and management; (B) establish such data as the baseline for the calibration of historic estimates of recreational catch; and (C) use such data to establish catch limits and monitor landings without calibration to any Federal program, including the MRIP. (4) Use of state data.-- (A) In general.--Data collected through a State program carried out under this subsection may be used in Federal stock assessments and regulatory actions. (B) MRIP.--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. (5) Subsequent funding.--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. (b) Grant Program.-- (1) In general.--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). (2) Applications.--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. (3) Use of funds.--A State that is awarded a grant under this subsection shall use such award-- (A) to support the development or improvement of a program described in subsection (a) of such State; (B) to enhance the timeliness of reporting by such State of data collected by such State through such program; and (C) to increase the accuracy and precision of the data collected by such State pursuant to such program. (4) Priority.--In awarding grants under this subsection, the Administrator shall give priority to applications-- (A) based on the ability of the award to reduce the uncertainty of data collected through the MRIP, including with respect to-- (i) economically or socially important species; (ii) species a fishery of which is at risk of closure; and (iii) species a fishery of which is at risk of closing another fishery because the management of both fisheries are intermingled; and (B) that would alter or improve an existing State program carried out under subsection (a) to meet the requirements under subsection (a)(3). (c) Report.--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-- (1) the number of States that have participated in the grant program established under subsection (b); (2) a description of each State recreational fishery catch and effort data collection program; (3) 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 (4) 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. (d) Rule of Construction.--Nothing in this section may be construed to negate, uncertify, or otherwise undo existing State programs to collect recreational fishing catch and effort data. SEC. 5. HEALTHY FISHERIES THROUGH BETTER SCIENCE. (a) Definition of Stock Assessment.--Section 3 of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1802) is amended--