Under the Magnuson-Stevens Fisheries Conservation and Management Act (FCMA), managers are required to use the "best scientific information available" in the preparation of federal fishery management plans (National Standard 2 in the FCMA). However, the Act provides no further guidance as to how conformance to this standard should be determined. Because adherence to this standard has often been contentious, Congress has considered adding a definition for what constitutes "best scientific information available" in the reauthorization of the FCMA. This report examines both the current application and the controversy over the standard and concludes that a legislative definition would be too inflexible to accommodate regional differences and future advances in science and technology. Instead, the report recommends that NOAA Fisheries adopt procedural guidelines to ensure that the scientific information used in the development of fishery management plans is relevant and timely and is the product of processes characterized by inclusiveness, transparency and openness, timeliness, and peer review.

Under the Magnuson-Stevens Fisheries Conservation and Management Act (FCMA), managers are required to use the a best scientific information availablea in the preparation of federal fishery management plans (National Standard 2 in the FCMA). However, the Act provides no further guidance as to how conformance to this standard should be determined. Because adherence to this standard has often been contentious, Congress has considered adding a definition for what constitutes a best scientific information availablea in the reauthorization of the FCMA. This report examines both the current application and the controversy over the standard and concludes that a legislative definition would be too inflexible to accommodate regional differences and future advances in science and technology. Instead, the report recommends that NOAA Fisheries adopt procedural guidelines to ensure that the scientific information used in the development of fishery management plans is relevant and timely and is the product of processes characterized by inclusiveness, transparency and openness, timeliness, and peer review."

Under the Magnuson-Stevens Fisheries Conservation and Management Act (FCMA), managers are required to use the "best scientific information available" in the preparation of federal fishery management plans (National Standard 2 in the FCMA). However, the Act provides no further guidance as to how conformance to this standard should be determined. Because adherence to this standard has often been contentious, Congress has considered adding a definition for what constitutes "best scientific information available" in the reauthorization of the FCMA. This report examines both the current application and the controversy over the standard and concludes that a legislative definition would be too inflexible to accommodate regional differences and future advances in science and technology. Instead, the report recommends that NOAA Fisheries adopt procedural guidelines to ensure that the scientific information used in the development of fishery management plans is relevant and timely and is the product of processes characterized by inclusiveness, transparency and openness, timeliness, and peer review.

NMFS has a difficult and complex task in managing U.S. marine fisheries. Despite some successes, too many stocks continue to decline. Over the past decade, several problems have been identified that have contributed to the current dissatisfaction with how marine fisheries are managed. This dissatisfaction is evident from the large number of lawsuits filed by the fishing industry and environmental organizations. One central problem is overfishing. Overfishing issues have been discussed in a series of NRC reports, and these reports identify overcapitalization, and technological and gear improvements as some of the causes. The reports recommend ways to stem these problems and to advance the practice of fishery science at NMFS. This report reiterates some of these recommendations, and makes new recommendations to enhance the use of data and science for fisheries management.

Ensuring a healthy supply of fish & other marine species in the waters beyond each state's jurisdiction is a Federal responsibility carried out by the National Marine Fisheries Service (NMFS) & 8 fishery management councils. This report assesses NMFS' compliance with three provisions of the Magnuson-Stevens Act, which require it to: use the best available scientific information for fishery management; take into account the economic importance of fishery resources to fishing communities as it adopts measures to manage fishery resources; & identify essential fish habitat, the adverse impacts on that habitat, & the actions needed to conserve & enhance that habitat. Charts & tables.