H.R. 5699

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5699 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 5699

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

October 6, 2025

Mr. Rutherford 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 2025''.

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 
3(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 of such seasonal 
fishery is not practicable, to adjust the 
management of such seasonal fishery, including 
by using--
(I) 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
(II) multi-year annual catch 
limits, including block average annual 
catch limits of up to 3 years.
(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 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) Alternative to MRIP.--If, after consultation with the standing 
committee and relevant States, the Administrator determines that it is 
not practicable to reduce the PSE for data collected through the MRIP 
for a given seasonal fishery to 30 percent or less, the Administrator, 
in collaboration with the standing committee and relevant States and 
stakeholders, may develop alternative data collection and monitoring 
methodologies and, subject to peer review and validation, use such 
alternative data collection and monitoring methodologies in place of 
the MRIP for such seasonal fishery.
(d) 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; and
(B) not later than 3 years after the date on which 
a State first reports such data, develop and implement 
a plan to use such data--
(i) without calibration to data collected 
pursuant to any Federal program, including the 
MRIP; and
(ii) as the baseline for the calibration of 
historic estimates of recreational catch in 
place of data collected through the MRIP.
(4) Use of state data.--
(A) In federal stock assessments and regulatory 
actions.--Data collected through a recreational fishery 
catch and effort data collection program of a State 
carried out under this subsection may be used in 
Federal stock assessments and regulatory actions.
(B) In place of mrip data.--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, including with respect 
to management decisions.
(C) Calibration with mrip data.--
(i) In general.--As applicable, data 
collected through the MRIP--
(I) shall be calibrated to data 
collected through a recreational 
fishery catch and effort data 
collection program of a State carried 
out under this subsection; and
(II) may only be so calibrated 
after the data described in subclause 
(I) is compared to data collected 
through such a program of another 
State.
(ii) Prohibition.--Data collected through a 
recreational fishery catch and effort data 
collection program of a State carried out under 
this subsection may not be calibrated to data 
collected through 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 has had a 
fishing season substantially reduced or full 
annual closures proposed; 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.
(e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Administrator to carry out this section $15,000,000 
for each of fiscal years 2026 through 2031.

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--
(1) by redesignating paragraphs (43) through (50) as 
paragraphs (44) through (51), respectively;
(2) 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, 
including--
``(A) a range of life history characteristics for 
such stock of fish, including, to the extent 
practicable--
``(i) the geographical boundaries of such 
stock of fish; and
``(ii) information regarding age, growth, 
natural mortality, sexual maturity and 
reproduction, feeding habits, and habitat 
preferences of such stock of fish; and
``(B) fishing for the stock of fish.''; and
(3) by redesignating the second paragraph (33) as paragraph 
(52).
(b) Stock Assessment Plan.--
(1) In general.--Section 404 of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1881c) is 
amended by adding at the end the following:
``(f) Stock Assessment Plan.--
``(1) In general.--The Secretary shall develop and publish 
in the Federal Register, on the same schedule as required for 
each strategic plan required under subsection (b), a plan to 
conduct stock assessments for priority stocks of fish for which 
a fishery management plan is in effect under this Act.
``(2) Contents.--Each plan described in paragraph (1) 
shall--
``(A) for each priority 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 of 
fish; 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 priority 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 not later than 3 years 
after the date on which the plan is published 
in the Federal Register unless another time 
period is specified and justified by the 
Secretary in the plan; and
``(C)(i) identify data and analysis, including both 
data and analysis that is and is not available at the 
time the plan is prepared, that would reduce the 
uncertainty, improve the accuracy, and increase the 
efficiency of future stock assessments; and
``(ii) with respect to data and analysis identified 
under clause (i), determine whether such data and 
analysis could be provided by fishermen, fishing 
communities, universities, and research institutions, 
to the extent that the use of such data would be 
consistent with the requirements in section 301(a)(2).
``(3) Waiver of stock assessment requirement.--
Notwithstanding subparagraphs (A)(ii) and (B)(ii) of paragraph 
(2), a stock assessment is not required for a stock of fish in 
the plan described in paragraph (1) if the Secretary determines 
that such stock assessment is not necessary and justifies such 
determination in the Federal Register notice required by this 
subsection.''.
(2) Deadline.--Notwithstanding section 404(f)(1) of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1881c(f)(1)), as added by this section, the Secretary of 
Commerce shall issue the first stock assessment plan under 
section 404(f) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1881c(f)), as added by this section, 
not later than 2 years after the date of the enactment of this 
section.

SEC. 6. FISHERY-INDEPENDENT SURVEYS BY INDEPENDENT ENTITIES.

(a) In General.--The Administrator shall establish a program to 
enter into contracts with independent entities on a competitive basis 
under which such independent entities shall conduct fishery-independent 
surveys designed to estimate the absolute abundance of stocks of fish 
included in the Fish Stock Sustainability Index on behalf of the 
Administrator.
(b) Applications.--To be eligible to enter into a contract under 
the program established under subsection (a), an independent entity 
shall submit to the Administrator an application in such form, at such 
time, and containing such information as the Administrator determines 
appropriate, including evidence of the following:
(1) Use by the independent entity of modern or cutting-edge 
science.
(2) The ability of the independent entity to handle data in 
a reliable manner.
(c) Use of Data.--Upon favorable peer review, the Administrator, in 
consultation with the relevant scientific and statistical committees 
and independent entity and with consideration of the report submitted 
under section 7, shall incorporate data collected pursuant to a 
fishery-independent abundance survey conducted by an independent entity 
under the program established under subsection (a) in management 
decisions.
(d) Report.--The Administrator shall annually submit to the 
Committee on Natural Resources of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate a 
report regarding the findings of surveys conducted pursuant to this 
section and the incorporation of the results of such surveys in 
management decisions pursuant to subsection (c).

SEC. 7. REPORT.

Not later than 1 year after the date of the enactment of this 
section, the National Academies, in consultation with the Harte 
Research Institute for Gulf of Mexico Studies, shall submit to the 
Committee on Natural Resources of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the Senate and 
make publicly available a report regarding--
(1) the incorporation of the results of the study titled 
``Estimating the Absolute Abundance of Age-2+ Red Snapper 
(Lutjanus campechanus) in the U.S. Gulf of Mexico'' (August 16, 
2021) in management decisions of the National Marine Fisheries 
Service; and
(2) recommendations regarding the incorporation of data 
collected pursuant to section 6 in management decisions of the 
National Marine Fisheries Service.

SEC. 8. TRANSPARENCY AND PUBLIC PROCESS.

(a) Advice.--Section 302(g)(1)(B) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1852(g)(1)(B)) is amended by 
adding at the end the following: ``Each scientific and statistical 
committee shall develop such advice in a transparent manner and allow 
for public involvement in the process.''.
(b) Meetings.--Section 302(i)(2) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1852(i)(2)) is amended by 
adding at the end the following:
``(G) Each Council shall make available on the internet 
website of the Council--
``(i) with respect to each meeting of the Council 
and Council coordination committee established under 
subsection (l) that is not closed in accordance with 
paragraph (3), to the extent practicable, a Webcast, 
live audio recording, or live broadcast of each such 
meeting; and
``(ii) with respect to each meeting of the Council 
and of the scientific and statistical committee 
established by the Council under subsection (g)(1)(A) 
that is not closed in accordance with paragraph (3), by 
not later than 30 days after the conclusion of each 
such meeting, an audio or video (if the meeting was 
held in person or by video conference) recording or a 
searchable audio or written transcript of each such 
meeting.
``(H) The Secretary shall maintain and make available to 
the public an archive of each recording and transcript made 
available under subparagraph (G).''.
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