Driftnet Modernization and Bycatch Reduction Act

IB Union Calendar No. 402 117TH CONGRESS 2D SESSION H. R. 404 [Report No. 117–561] To improve the management of driftnet fishing. IN THE HOUSE OF REPRESENTATIVES JANUARY 21, 2021 Mr. LIEU (for himself, Mr. FITZPATRICK, Mr. WITTMAN, Mr. LOWENTHAL, Ms. LEE of California, Mr. MAST, Mr. PALAZZO, Mr. CASE, Mr. SCHIFF, Mr. HARDER of California, Mr. GRIFFITH, Mr. THOMPSON of California, Ms. NORTON, Ms. ESHOO, Mr. LARSEN of Washington, Mr. BUCHANAN, and Mr. BLUMENAUER) introduced the following bill; which was referred to the Committee on Natural Resources NOVEMBER 16, 2022 Additional sponsors: Mrs. NAPOLITANO, Mr. DEFAZIO, Mr. RICE of South Carolina, Mr. CLEAVER, Ms. LOFGREN, Mr. GOTTHEIMER, Ms. MATSUI, and Mr. MCGOVERN NOVEMBER 16, 2022 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on January 21, 2021] VerDate Sep 11 2014 23:04 Nov 16, 2022 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H404.RH H404 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 404 RH A BILL To improve the management of driftnet fishing. VerDate Sep 11 2014 23:04 Nov 16, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H404.RH H404 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 404 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Driftnet Modernization 4 and Bycatch Reduction Act’’. 5 SEC. 2. DEFINITION. 6 Section 3(25) of the Magnuson-Stevens Fishery Con- 7 servation and Management Act (16 U.S.C. 1802(25)) is 8 amended by inserting ‘‘, or with a mesh size of 14 inches 9 or greater,’’ after ‘‘more’’. 10 SEC. 3. FINDINGS AND POLICY. 11 (a) FINDINGS.—Section 206(b) of the Magnuson-Ste- 12 vens Fishery Conservation and Management Act (16 U.S.C. 13 1826(b)) is amended— 14 (1) in paragraph (6), by striking ‘‘and’’ at the 15 end; 16 (2) in paragraph (7), by striking the period and 17 inserting ‘‘; and’’; and 18 (3) by adding at the end the following: 19 ‘‘(8) within the exclusive economic zone, large- 20 scale driftnet fishing that deploys nets with large 21 mesh sizes causes significant entanglement and mor- 22 tality of living marine resources, including myriad 23 protected species, despite limitations on the lengths of 24 such nets.’’. 25 VerDate Sep 11 2014 23:04 Nov 16, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H404.RH H404 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 404 RH (b) POLICY.—Section 206(c) of the Magnuson-Stevens 1 Fishery Conservation and Management Act (16 U.S.C. 2 1826(c)) is amended— 3 (1) in paragraph (2), by striking ‘‘and’’ at the 4 end; 5 (2) in paragraph (3), by striking the period and 6 inserting ‘‘; and’’; and 7 (3) by adding at the end the following: 8 ‘‘(4) prioritize the phase out of large-scale 9 driftnet fishing in the exclusive economic zone and 10 promote the development and adoption of alternative 11 fishing methods and gear types that minimize the in- 12 cidental catch of living marine resources.’’. 13 SEC. 4. TRANSITION PROGRAM. 14 Section 206 of the Magnuson-Stevens Fishery Con- 15 servation and Management Act (16 U.S.C. 1826) is amend- 16 ed by adding at the end the following— 17 ‘‘(i) FISHING GEAR TRANSITION PROGRAM.— 18 ‘‘(1) IN GENERAL.—During the 5-year period be- 19 ginning on the date of enactment of the Driftnet Mod- 20 ernization and Bycatch Reduction Act, the Secretary 21 shall conduct a transition program to facilitate the 22 phase-out of large-scale driftnet fishing and adoption 23 of alternative fishing practices that minimize the in- 24 cidental catch of living marine resources, and shall 25 VerDate Sep 11 2014 23:04 Nov 16, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H404.RH H404 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 404 RH award grants to eligible permit holders who partici- 1 pate in the program. 2 ‘‘(2) PERMISSIBLE USES.—Any permit holder re- 3 ceiving a grant under paragraph (1) may use such 4 funds only for the purpose of covering— 5 ‘‘(A) any fee originally associated with a 6 permit authorizing participation in a large-scale 7 driftnet fishery, if such permit is surrendered for 8 permanent revocation, and such permit holder 9 relinquishes any claim associated with the per- 10 mit; 11 ‘‘(B) a forfeiture of fishing gear associated 12 with a permit described in subparagraph (A); or 13 ‘‘(C) the purchase of alternative gear with 14 minimal incidental catch of living marine re- 15 sources, if the fishery participant is authorized 16 to continue fishing using such alternative gears. 17 ‘‘(3) CERTIFICATION.—The Secretary shall cer- 18 tify that, with respect to each participant in the pro- 19 gram under this subsection, any permit authorizing 20 participation in a large-scale driftnet fishery has been 21 permanently revoked and that no new permits will be 22 issued to authorize such fishing.’’. 23 VerDate Sep 11 2014 23:04 Nov 16, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H404.RH H404 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 404 RH SEC. 5. EXCEPTION. 1 Section 307(1)(M) of the Magnuson-Stevens Fishery 2 Conservation and Management Act (16 U.S.C. 1857(1)(M)) 3 is amended by inserting before the semicolon the following: 4 ‘‘, unless such large-scale driftnet fishing— 5 ‘‘(i) deploys, within the exclusive eco- 6 nomic zone, a net with a total length of less 7 than two and one-half kilometers and a 8 mesh size of 14 inches or greater; and 9 ‘‘(ii) is conducted within 5 years of the 10 date of enactment of the Driftnet Mod- 11 ernization and Bycatch Reduction Act’’. 12 SEC. 6. FEES. 13 (a) IN GENERAL.—The North Pacific Fishery Manage- 14 ment Council may recommend, and the Secretary of Com- 15 merce may approve, regulations necessary for the collection 16 of fees from charter vessel operators who guide recreational 17 anglers who harvest Pacific halibut in International Pacific 18 Halibut Commission regulatory areas 2C and 3A as those 19 terms are defined in part 300 of title 50, Code of Federal 20 Regulations (or any successor regulations). 21 (b) USE OF FEES.—Any fees collected under this sec- 22 tion shall be available for the purposes of— 23 (1) financing administrative costs of the Rec- 24 reational Quota Entity program; 25 VerDate Sep 11 2014 23:04 Nov 16, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H404.RH H404 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 404 RH (2) the purchase of halibut quota shares in Inter- 1 national Pacific Halibut Commission regulatory 2 areas 2C and 3A by the recreational quota entity au- 3 thorized in part 679 of title 50, Code of Federal Regu- 4 lations (or any successor regulations); 5 (3) halibut conservation and research; and 6 (4) promotion of the halibut resource by the rec- 7 reational quota entity authorized in part 679 of title 8 50, Code of Federal Regulations (or any successor reg- 9 ulations). 10 (c) LIMITATION ON COLLECTION AND AVAILABILITY.— 11 Fees shall be collected and available pursuant to this section 12 only to the extent and in such amounts as provided in ad- 13 vance in appropriations Acts, subject to subsection (d). 14 (d) FEE COLLECTED DURING START-UP PERIOD.— 15 Notwithstanding subsection (c), fees may be collected 16 through the date of enactment of an Act making appropria- 17 tions for the activities authorized under this Act through 18 September 30, 2022, and shall be available for obligation 19 and remain available until expended. 20 VerDate Sep 11 2014 23:04 Nov 16, 2022 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H404.RH H404 pamtmann on DSKBC07HB2PROD with BILLS Union Calendar No. 402 117TH CONGRESS 2D SESSION H. R. 404 [Report No. 117–561] A BILL To improve the management of driftnet fishing. NOVEMBER 16, 2022 Reported with an amendment, committed to the Com- mittee of the Whole House on the State of the Union, and ordered to be printed VerDate Sep 11 2014 23:04 Nov 16, 2022 Jkt 039200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\H404.RH H404 pamtmann on DSKBC07HB2PROD with BILLS