[Congressional Record Volume 148, Number 119 (Thursday, September 19, 2002)]
[Senate]
[Pages S8930-S8931]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. SNOWE (for herself and Ms. Collins):
  S. 2972. A bill to amend the Magnuson-Stevens Fishery Conservation 
and Management Act to provide for a cooperative research and management 
program, and for other purposes; to the Committee on Commerce, Science, 
and Transportation.
  Ms. SNOWE. Madam President, I rise today to introduce a bill which 
would help restore credibility in the National Oceanic and Atmospheric 
Administration, NOAA, and the National Marine Fisheries Service's, 
NMFS, data collection programs and improve their cooperative research 
and management programs.
  I am introducing this bill today because of recent events in New 
England in which a commercial fisherman noticed that the trawl warps on 
the NOAA research vessel, Albatross IV, were improperly marked. As a 
result of this mis-calibration, the groundfish stock assessment data 
gathered since February 2000 may be inaccurate and its usability for 
management purposes is questionable. This fish-counting error could not 
have come at a worse time for NMFS, which is under a federal judge's 
order to impose some of New England's strictest fishing restrictions by 
next August.
  This revelation and the possibility of other discrepancies is 
severely eroding the credibility of NMFS's stock assessments. These 
stock assessments form the foundation for all of our fisheries 
regulations and determine how many fish our fishermen can harvest. When 
these stock assessments are flawed and lack credibility, the entire 
process is adversely affected. We must act now to restore this 
credibility in the process and ensure that our stock assessments are as 
accurate as possible.
  My bill would require the National Research Council to conduct an 
independent review of NMFS' data collection techniques; its protocols 
through which stock assessment equipment is calibrated, operated, 
inspected, and maintained; the frequency and financial cost of these 
quality control checks; how the accuracy and validity of data collected 
with sampling equipment is verified; and how measurement error is 
accounted for in stock assessment modeling and analysis based on these 
data. The National Research Council completed a report on the Northeast 
Fishery stock assessment process in 1998, so this new study would build 
upon the previous one. This assessment will provide us with an 
independent baseline to determine the extent of NMFS' data collection 
discrepancies.
  Additionally, my bill will require NMFS to implement a national 
cooperative research program to facilitate industry involvement in data 
collection and stock assessments. I have also included a section that 
authorizes $3 million to enable cooperative comparative trawl research 
between the NMFS and fishing industry participants in the Northeast 
multi-species groundfish fishery. The fishing industry has been calling 
for a commercial vessel to trawl alongside the NOAA's vessels and this 
provision would require it. Nothing will help restore NMFS's 
credibility more than having commercial fishermen verifying its data.
  The third section of this bill would address a flexibility concern 
for fisheries management. Earlier this year NMFS came out with new 
biological targets for groundfish. In other words, NMFS increased how 
many fish there have to be in order for the fishery to be considered 
recovered. The law is not clear on whether or not a change in the 
biological targets means the time-line for recovery changes as well. 
NMFS has interpreted the law to mean that despite a change in the 
biological targets, the fish must be recovered in the same amount of 
time. Accordingly, I have drafted language which allows, but does not 
require, the Secretary to adjust the time allowed for recovery if the 
biological targets have changed in the middle of the rebuilding plan. 
This provision would clarify existing law and make Congress' intent 
clearer.
  As Ranking Member of the Subcommittee on Oceans, Atmosphere, and 
Fisheries, I am dedicated to ensuring that our stock assessments are as 
accurate as possible and the process we use

[[Page S8931]]

is transparent to all the stakeholders. This bill will allow us to take 
a critical step forward in ensuring that we can restore credibility and 
faith in this important process. I urge my colleagues to join me and 
support this bill.
  I ask unanimous consent that the text of the bill be printed in the 
Record.

                                S. 2972

       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 Research 
     Improvement Act''.

     SEC. 2. INDEPENDENT PEER REVIEW OF DATA COLLECTION 
                   PROCEDURES.

       The Magnuson-Stevens Fishery Conservation and Management 
     Act is amended by adding at the end of Title IV the 
     following:

     ``SEC. 408. PEER REVIEW.

       ``The National Academy of Sciences shall review and 
     recommend measures for improving National Marine Fisheries 
     Service's procedures for ensuring data quality in the data 
     collection phase of the stock assessment program. In this 
     review, they shall address the quality control protocols 
     through which stock assessment equipment is calibrated, 
     operated, inspected, and maintained; the frequency and 
     financial cost of these quality control checks; how the 
     accuracy and validity of data collected with sampling 
     equipment is verified; and how measurement error is accounted 
     for in stock assessment modeling and analysis based on these 
     data. This review shall apply to all activities that affect 
     stock assessment data quality, whether conducted by the 
     National Marine Fisheries Service or by National Marine 
     Fisheries Service contractors.''.

     SEC. 3. COOPERATIVE RESEARCH AND MANAGEMENT.

       The Magnuson-Stevens Fishery Conservation and Management 
     Act is amended by adding at the end the following:

             ``TITLE V--COOPERATIVE RESEARCH AND MANAGEMENT

     ``SEC. 501. ESTABLISHMENT OF PROGRAM.

       ``(a) In General.--The Secretary shall establish a national 
     cooperative research and management program to be 
     administered by the National Marine Fisheries Service, based 
     on recommendations by the Councils. The program shall consist 
     of cooperative research and management activities between 
     fishing industry participants, the affected States, and the 
     Service.
       ``(b) Research Awards.--Each research project under this 
     program shall be awarded on a standard competitive basis 
     established by the Service, in consultation with the 
     Councils. Each Council shall establish a research steering 
     committee to carry out this subsection.
       ``(c) Guidelines.--The Secretary, in consultation with the 
     appropriate Council and the fishing industry, shall create 
     guidelines so that participants in this program are not 
     penalized for loss of catch history or unexpended days-at-sea 
     as part of a limited entry system.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to the National Marine 
     Fisheries Service, in addition to amounts otherwise 
     authorized by this Act, the following amounts, to remain 
     available until expended, for the conduct of this program:
       ``(1) $25,000,000 for fiscal year 2003.
       ``(2) $30,000,000 for fiscal year 2004.
       ``(3) $35,000,000 for fiscal year 2005.
       ``(4) $40,000,000 for fiscal year 2006.
       ``(5) $45,000,000 for fiscal year 2007.
       ``(e) New England Trawl Survey.--Of the funds authorized in 
     subsection (d) $3,000,000 shall be authorized for the purpose 
     of cooperative comparative trawl research between the 
     National Marine Fisheries Service and fishing industry 
     participants for the Northeast multispecies groundfish 
     fishery, which the Secretary shall design and administer with 
     input from fishing industry participants and other interested 
     stakeholders.''.

     SEC. 4. REGULATORY FLEXIBILITY.

       Section 304(e)(4)(A)(ii) of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1854(e)(4)(A)(ii)) 
     is amended to read as follows:
       ``(ii) not exceed 10 years, except in the case where a 
     rebuilding target is changed during the rebuilding period, 
     the Council or the Secretary may extend the time period for 
     the rebuilding to accommodate the new target;''.
                                 ______