[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3063 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3063

 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
to require the Secretary of Commerce to develop a plan to conduct stock 
assessments for all stocks of fish for which a fishery management plan 
          is in effect under that Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 2013

 Mr. Wittman introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
to require the Secretary of Commerce to develop a plan to conduct stock 
assessments for all stocks of fish for which a fishery management plan 
          is in effect under that Act, 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 ``Healthy Fisheries through Better 
Science Act''.

SEC. 2. DEFINITION OF STOCK ASSESSMENT.

    Section 3 of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1802) is amended by redesignating the 
paragraphs after paragraph (42) in order as paragraphs (44) through 
(52), and by inserting after paragraph (42) the following:
            ``(43) The term `stock assessment' means an evaluation of 
        the past, present, and future status of a stock of fish, that 
        includes--
                    ``(A) a range of life history characteristics for 
                such stock, including--
                            ``(i) the geographical boundaries of such 
                        stock; and
                            ``(ii) information on age, growth, natural 
                        mortality, sexual maturity and reproduction, 
                        feeding habits, and habitat preferences of such 
                        stock; and
                    ``(B) fishing for the stock.''.

SEC. 3. STOCK ASSESSMENT PLAN.

    (a) In General.--Section 404 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 18881c) is amended by adding 
at the end the following:
    ``(e) Stock Assessment Plan.--
            ``(1) In general.--The Secretary shall develop and publish 
        in the Federal Register, on the same schedule as required for 
        the strategic plan required under section 404(b) of such Act, a 
        plan to conduct stock assessments for all stocks of fish for 
        which a fishery management plan is in effect under this Act.
            ``(2) Contents.--The plan shall--
                    ``(A) for each stock of fish for which a stock 
                assessment has previously been conducted--
                            ``(i) establish a schedule for updating the 
                        stock assessment that is reasonable given the 
                        biology and characteristics of the stock; and
                            ``(ii) subject to the availability of 
                        appropriations, require completion of a new 
                        stock assessment, or an update of the most 
                        recent stock assessment--
                                    ``(I) every 5 years; or
                                    ``(II) within such other time 
                                period specified and justified by the 
                                Secretary in the plan;
                    ``(B) for each stock of fish for which a stock 
                assessment has not previously been conducted--
                            ``(i) establish a schedule for conducting 
                        an initial stock assessment that is reasonable 
                        given the biology and characteristics of the 
                        stock; and
                            ``(ii) 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
                    ``(C) 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 10 provided by nongovernmental 
                sources, including fishermen, fishing communities, 
                universities, and research institutions.
            ``(3) Waiver of stock assessment requirement.--
        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.''.
    (b) Deadline.--Notwithstanding paragraph (1) of section 404(e) of 
such Act, as amended by this section, the Secretary of Commerce shall 
issue the first stock assessment plan under such section by not later 
than 1 year after the date of enactment of this Act.

SEC. 4. IMPROVING SCIENCE.

    (a) Incorporation of Information From Wide Variety of Sources.--
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, research institutions, and other appropriate 
entities. 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.''.
    (b) Improving Data Collection and Analysis.--
            (1) In general.--Section 404 of the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1881c), as 
        amended by this Act, is further amended by adding at the end 
        the following:
    ``(f) Improving Data Collection and Analysis.--
            ``(1) In general.--The Secretary, in consultation with the 
        science and statistical committee of the Councils 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.
            ``(2) Content.--The guidelines shall--
                    ``(A) identify types of data and analysis, 
                especially concerning recreational fishing, that can be 
                reliably used as the best scientific information 
                available for purposes of this Act and 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;
                    ``(B) provide specific guidance for collecting data 
                and performing analyses identified as necessary to 
                reduce the uncertainty referred to in section 
                404(e)(2)(C); and
                    ``(C) establish a registry of persons providing 
                such information.
            ``(3) Acceptance and use of data and analyses.--The 
        Secretary and Regional Fishery Management Councils shall--
                    ``(A) 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;
                    ``(B) 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; and
                    ``(C) if any such data or analysis is not used, 
                provide in the Federal Register notice announcing the 
                fishery management decision an explanation developed by 
                such science and statistical committee of why such data 
                or analysis was not used.''.
    (b) Deadline.--The Secretary of Commerce shall develop and publish 
guidelines under the amendment made by subsection (a) by not later than 
1 year after the date of enactment of this Act.

SEC. 5. COST REDUCTION REPORT.

    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.)--
            (1) identifies the goals of the applicable programs 
        governing monitoring and enforcement of fishing that is subject 
        to such plan;
            (2) identifies methods to accomplish those goals, including 
        human observers, electronic monitoring, and vessel monitoring 
        systems;
            (3) certifies which such methods are most cost-effective 
        for fishing that is subject to such plan; and
            (4) explains why such most-cost-effective methods are not 
        required, if applicable.

SEC. 6. COST SHARING.

    Section 304(d) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1854(d)) is amended by adding at the end the 
following:
            ``(3) The Secretary shall not collect any fee under this 
        section or section 313(a) before preparing an analysis that 
        identifies the costs that will be recovered by the fee and the 
        costs that will not be recovered by the fee. Such analysis 
        shall be included in the applicable fisheries management 
        plan.''.
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