I 

116TH CONGRESS 

1ST SESSION H. R. 5126 

To require individuals fishing for Gulf reef fish to use certain descending 

devices, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 15, 2019 

Mr. GRAVES of Louisiana (for himself, Mr. HUFFMAN, and Mr. PALAZZO) introduced the following bill; which was referred to the Committee on Natural Resources 

A BILL 

To require individuals fishing for Gulf reef fish to use certain 

descending devices, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Direct Enhancement 

5 of Snapper Conservation and the Economy through Novel 

6 Devices Act of 2019’’ or the ‘‘DESCEND Act of 2019’’. 

7 SEC. 2. REQUIRED USE OF DESCENDING DEVICES. 

8 (a) REQUIRED GEAR IN THE GULF REEF FISH FISH9 ERY.—Title III of the Magnuson-Stevens Fishery ConVerDate Sep 11 2014 01:55 Nov 26, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5126.IH H5126

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1 servation and Management Act (16 U.S.C. 1851 et seq.) 

2 is amended by adding at the end the following: 

3 ‘‘SEC. 321. REQUIRED POSSESSION OF DESCENDING DE4 VICES. 

5 ‘‘(a) REQUIRE GEAR IN THE GULF REEF FISH FISH6 ERY.—It shall be unlawful for a person on board a com7 mercial or recreational vessel to fish for Gulf reef fish in 

8 the Gulf of Mexico Exclusive Economic Zone without pos9 sessing on board the vessel a venting tool or a descending 

10 device that is rigged and ready for use while fishing is 

11 occurring. 

12 ‘‘(b) SAVINGS CLAUSE.—No provision of this section 

13 shall be interpreted to affect any program or activity car14 ried out by the Gulf Coast Ecosystem Restoration Council 

15 established by the Resources and Ecosystems Sustain16 ability, Tourist Opportunities, and Revived Economies of 

17 the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note), 

18 or any project contained in an approved Restoration Plan 

19 developed by any Natural Resources Damage Assessment 

20 Trustee Implementation Group to reduce post-release 

21 mortality from barotrauma in Gulf of Mexico Reef Fish 

22 Recreational Fisheries. 

23 ‘‘(c) DEFINITIONS.—In this section: 

24 ‘‘(1) DESCENDING DEVICE.—The term ‘de25 scending device’ means an instrument that— 


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1 ‘‘(A) will release fish at a depth sufficient 

2 for the fish to be able to recover from the ef3 fects of barotrauma; 

4 ‘‘(B) is a weighted hook, lip clamp, or box 

5 that will hold the fish while it is lowered to 

6 depth, or another device determined to be ap7 propriate by the Secretary; and 

8 ‘‘(C) is capable of— 

9 ‘‘(i) releasing the fish automatically; 

10 ‘‘(ii) releasing the fish by actions of 

11 the operator of the device; or 

12 ‘‘(iii) allowing the fish to escape on its 

13 own. 

14 ‘‘(2) VENTING TOOL.—The term ‘venting tool’ 

15 has the meaning given to it by the Gulf of Mexico 

16 Fishery Management Council. 

17 ‘‘(3) GULF REEF FISH.—The term ‘Gulf reef 

18 fish’ means any fish chosen by the Gulf of Mexico 

19 Fishery Management Council that is in the reef 

20 Fishery Management Plan for the purposes of this 

21 Act.’’; 

22 (b) CIVIL PENALTIES.—Section 308(a) of the Mag23 nuson-Stevens Fishery Conservation and Management Act 

24 (16 U.S.C. 1858(a)) is amended by inserting ‘‘or section 

25 321’’ after ‘‘section 307’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this Act shall take effect 1 year after the date of enact3 ment of this Act. 

4 (d) SUNSET.—Five years after the date of enactment 

5 of this Act, the Magnuson-Stevens Fishery Conservation 

6 and Management Act is amended— 

7 (1) in section 308(a), by striking ‘‘or section 

8 321’’; and 

9 (2) by striking title 321. 

10 SEC. 3. IMPROVING DISCARD MORTALITY DATA. 

11 (a) AGREEMENT.—Within 60 days of the date of en12 actment of this Act, the Secretary shall enter into an 

13 agreement with the National Academy of Sciences to con14 duct a study and produce a report on discard mortality 

15 in the Gulf of Mexico reef fish fisheries. Such study shall 

16 include— 

17 (1) assessment of gaps and biases in reporting 

18 of discards and associated discard mortality; 

19 (2) assessment of uncertainty and likely im20 pacts of such uncertainty in discard mortality; 

21 (3) assessment of the effectiveness and usage 

22 rates of barotrauma-reducing devices; 

23 (4) recommendations for future research prior24 ities; and 


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1 (5) recommendations for standardized reporting 

2 and quantification of discards for fisheries under the 

3 Gulf of Mexico Reef Fish Fishery Management Plan. 

4 (b) DEADLINE.—The National Academy of Sciences 

5 shall complete the study described in subsection (a) and 

6 transmit the final report to the Secretary within 2 years 

7 of the date of enactment of this Act. The Secretary shall, 

8 within 3 months of receiving such study and report, sub9 mit such study and report in (a) to the Committee on 

10 Commerce, Science, and Transportation of the Senate and 

11 the Committee on Natural Resources of the House of Rep12 resentatives. 

13 (c) PLAN.—Within 1 year of receiving the study and 

14 report in described in subsection (a), the Gulf of Mexico 

15 Fishery Management Council and the Secretary shall— 

16 (1) develop guidance for minimum standards 

17 for quantifying and reporting discards and associ18 ated mortality in the Gulf of Mexico Reef Fish Fish19 ery Management Plan; and 

20 (2) develop a plan to assess and monitor the ef21 fectiveness and usage of barotrauma-reducing de22 vices and the impact on discard mortality rates in 

23 Gulf of Mexico reef fish fisheries. 

24 (d) FOLLOW-UP REPORT.—Within 3 years of devel25 oping minimum standards and developing the assessment 


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1 and monitoring plan in subsection (c), the Secretary shall 

2 provide a detailed report on implementation to the Com3 mittee on Commerce, Science, and Transportation of the 

4 Senate and the Committee on Natural Resources of the 

5 House of Representatives. 

Æ 


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