II 

115TH CONGRESS 

2D SESSION S. 2773 

To improve the management of driftnet fishing. 

IN THE SENATE OF THE UNITED STATES 

APRIL 26, 2018 

Mrs. FEINSTEIN (for herself, Mrs. CAPITO, and Ms. HARRIS) introduced the 

following bill; which was read twice and referred to the Committee on 

Commerce, Science, and Transportation 

A BILL 

To improve the management of driftnet fishing. 

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 ‘‘Driftnet Modernization 

5 and Bycatch Reduction Act’’. 

6 SEC. 2. DEFINITION. 

7 Section 3(25) of the Magnuson-Stevens Fishery Con8 servation and Management Act (16 U.S.C. 1802(25)) is 

9 amended by inserting ‘‘, or with a mesh size of 14 inches 

10 or greater,’’ after ‘‘more’’. 


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1 SEC. 3. FINDINGS AND POLICY. 

2 (a) FINDINGS.—Section 206(b) of the Magnuson-Ste3 vens Fishery Conservation and Management Act (16 

4 U.S.C. 1826(b)) is amended— 

5 (1) in paragraph (6), by striking ‘‘and’’ at the 

6 end; 

7 (2) in paragraph (7), by striking the period and 

8 inserting ‘‘; and’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(8) within the exclusive economic zone, large11 scale driftnet fishing that deploys nets with large 

12 mesh sizes causes significant entanglement and mor13 tality of living marine resources, including myriad 

14 protected species, despite limitations on the lengths 

15 of such nets.’’. 

16 (b) POLICY.—Section 206(c) of the Magnuson-Ste17 vens Fishery Conservation and Management Act (16 

18 U.S.C. 1826(c)) is amended— 

19 (1) in paragraph (2), by striking ‘‘and’’ at the 

20 end; 

21 (2) in paragraph (3), by striking the period and 

22 inserting ‘‘; and’’; and 

23 (3) by adding at the end the following— 

24 ‘‘(4) prioritize the phase out of large-scale 

25 driftnet fishing in the exclusive economic zone and 

26 promote the development and adoption of alternative 


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1 fishing methods and gear types that reduce the inci2 dental catch of living marine resources to the max3 imum extent possible.’’. 

4 SEC. 4. TRANSITION PROGRAM. 

5 Section 206 of the Magnuson-Stevens Fishery Con6 servation and Management Act (16 U.S.C. 1826) is 

7 amended by adding at the end the following— 

8 ‘‘(i) FISHING GEAR TRANSITION PROGRAM.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall con10 duct a transition program to facilitate the phase-out 

11 of large-scale driftnet fishing and adoption of alter12 native fishing practices that minimize the incidental 

13 catch of living marine resources. 

14 ‘‘(2) PERMISSIBLE USES.— 

15 ‘‘(A) IN GENERAL.—The Secretary is au16 thorized to provide funding to fishery partici17 pants for one or more of the following: 

18 ‘‘(i) Any fee originally associated with 

19 a permit authorizing participation in a 

20 large-scale driftnet fishery, if such permit 

21 is surrendered for permanent revocation, 

22 and such permit holder relinquishes any 

23 claim associated with the permit. 

24 ‘‘(ii) A forfeiture of fishing gear asso25 ciated with a permit described in clause (i). 


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1 ‘‘(iii) The purchase of alternative gear 

2 with minimal incidental catch of living ma3 rine resources, if the fishery participant is 

4 authorized to continue fishing using such 

5 alternative gears. 

6 ‘‘(B) PAYMENT CONDITION.—The Sec7 retary may not make a payment to a fishery 

8 participant under subparagraph (A) unless the 

9 Secretary certifies that the permit authorizing 

10 participation has been permanently revoked and 

11 that no new permits will be issued to authorize 

12 such fishing. 

13 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

14 There is authorized to be appropriated for purposes 

15 of carrying out this subsection, $450,000 for each of 

16 fiscal years 2018 through 2020.’’. 

17 SEC. 5. EXCEPTION. 

18 Section 307(1)(M) of the Magnuson-Stevens Fishery 

19 Conservation and Management Act (16 U.S.C. 

20 1857(1)(M)) is amended by inserting before the semicolon 

21 the following: ‘‘, unless such large-scale driftnet fishing— 

22 ‘‘(i) deploys, within the exclusive eco23 nomic zone, a net with a total length of 

24 less than two and one-half kilometers and 

25 a mesh size of 14 inches or greater; and 


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1 ‘‘(ii) is conducted prior to January 1, 

2 2020.’’. 

Æ 


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