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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.
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