II 

Calendar No. 729 

115TH CONGRESS 

2D SESSION S. 2773 

[Report No. 115–430] 

To improve the management of driftnet fishing. 

IN THE SENATE OF THE UNITED STATES 

APRIL 26, 2018 

Mrs. FEINSTEIN (for herself, Mrs. CAPITO, Ms. HARRIS, Mr. WICKER, and 

Mr. BLUMENTHAL) introduced the following bill; which was read twice 

and referred to the Committee on Commerce, Science, and Transportation 

DECEMBER 11, 2018 

Reported by Mr. THUNE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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’’. 


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1 SEC. 2. DEFINITION. 

2 Section 3(25) of the Magnuson-Stevens Fishery Con3 servation and Management Act (16 U.S.C. 1802(25)) is 

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

5 or greater,’’ after ‘‘more’’. 

6 SEC. 3. FINDINGS AND POLICY. 

7 (a) FINDINGS.—Section 206(b) of the Magnuson-Ste8 vens Fishery Conservation and Management Act (16 

9 U.S.C. 1826(b)) is amended— 

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

11 end; 

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

13 inserting ‘‘; and’’; and 

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

15 ‘‘(8) within the exclusive economic zone, large16 scale driftnet fishing that deploys nets with large 

17 mesh sizes causes significant entanglement and mor18 tality of living marine resources, including myriad 

19 protected species, despite limitations on the lengths 

20 of such nets.’’. 

21 (b) POLICY.—Section 206(c) of the Magnuson-Ste22 vens Fishery Conservation and Management Act (16 

23 U.S.C. 1826(c)) is amended— 

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

25 end; 


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

2 inserting ‘‘; and’’; and 

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

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

5 driftnet fishing in the exclusive economic zone and 

6 promote the development and adoption of alternative 

7 fishing methods and gear types that reduce the inci8 dental catch of living marine resources to the max9 imum extent possible.’’. 

10 SEC. 4. TRANSITION PROGRAM. 

11 Section 206 of the Magnuson-Stevens Fishery Con12 servation and Management Act (16 U.S.C. 1826) is 

13 amended by adding at the end the following— 

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

15 ‘‘(1) IN GENERAL.—The Secretary shall con16 duct a transition program to facilitate the phase-out 

17 of large-scale driftnet fishing and adoption of alter18 native fishing practices that minimize the incidental 

19 catch of living marine resources. 

20 ‘‘(2) PERMISSIBLE USES.— 

21 ‘‘(A) IN GENERAL.—The Secretary is au22 thorized to provide funding to fishery partici23 pants for one or more of the following: 

24 ‘‘(i) Any fee originally associated with 

25 a permit authorizing participation in a 


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1 large-scale driftnet fishery, if such permit 

2 is surrendered for permanent revocation, 

3 and such permit holder relinquishes any 

4 claim associated with the permit. 

5 ‘‘(ii) A forfeiture of fishing gear asso6 ciated with a permit described in clause (i). 

7 ‘‘(iii) The purchase of alternative gear 

8 with minimal incidental catch of living ma9 rine resources, if the fishery participant is 

10 authorized to continue fishing using such 

11 alternative gears. 

12 ‘‘(B) PAYMENT CONDITION.—The Sec13 retary may not make a payment to a fishery 

14 participant under subparagraph (A) unless the 

15 Secretary certifies that the permit authorizing 

16 participation has been permanently revoked and 

17 that no new permits will be issued to authorize 

18 such fishing. 

19 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

20 There is authorized to be appropriated for purposes 

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

22 fiscal years 2018 through 2020.’’. 

23 SEC. 5. EXCEPTION. 

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

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


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

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

3 ‘‘(i) deploys, within the exclusive eco4 nomic zone, a net with a total length of 

5 less than two and one-half kilometers and 

6 a mesh size of 14 inches or greater; and 

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

8 2020.’’. 

9 SECTION 1. SHORT TITLE. 

10 This Act may be cited as the ‘‘Driftnet Modernization 

11 and Bycatch Reduction Act’’. 

12 SEC. 2. DEFINITION. 

13 Section 3(25) of the Magnuson-Stevens Fishery Con14 servation and Management Act (16 U.S.C. 1802(25)) is 

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

16 or greater,’’ after ‘‘more’’. 

17 SEC. 3. FINDINGS AND POLICY. 

18 (a) FINDINGS.—Section 206(b) of the Magnuson-Ste19 vens Fishery Conservation and Management Act (16 U.S.C. 

20 1826(b)) is amended— 

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

22 end; 

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

24 inserting ‘‘; and’’; and 

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


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1 ‘‘(8) within the exclusive economic zone, large2 scale driftnet fishing that deploys nets with large 

3 mesh sizes causes significant entanglement and mor4 tality of living marine resources, including myriad 

5 protected species, despite limitations on the lengths of 

6 such nets.’’. 

7 (b) POLICY.—Section 206(c) of the Magnuson-Stevens 

8 Fishery Conservation and Management Act (16 U.S.C. 

9 1826(c)) is amended— 

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

11 end; 

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

13 inserting ‘‘; and’’; and 

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

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

16 driftnet fishing in the exclusive economic zone and 

17 promote the development and adoption of alternative 

18 fishing methods and gear types that minimize the in19 cidental catch of living marine resources.’’. 

20 SEC. 4. TRANSITION PROGRAM. 

21 Section 206 of the Magnuson-Stevens Fishery Con22 servation and Management Act (16 U.S.C. 1826) is amend23 ed by adding at the end the following— 

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


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1 ‘‘(1) IN GENERAL.—The Secretary shall conduct 

2 a transition program to facilitate the phase-out of 

3 large-scale driftnet fishing and adoption of alternative 

4 fishing practices that minimize the incidental catch of 

5 living marine resources. 

6 ‘‘(2) PERMISSIBLE USES.—Any permit holder 

7 participating in the transition program under para8 graph (1) is eligible for a grant under section 316, 

9 if— 

10 ‘‘(A) the grant is used only the purpose of 

11 covering— 

12 ‘‘(i) any fee originally associated with 

13 a permit authorizing participation in a 

14 large-scale driftnet fishery, if such permit is 

15 surrendered for permanent revocation, and 

16 such permit holder relinquishes any claim 

17 associated with the permit; 

18 ‘‘(ii) a forfeiture of fishing gear associ19 ated with a permit described in clause (i); 

20 or 

21 ‘‘(iii) the purchase of alternative gear 

22 with minimal incidental catch of living ma23 rine resources, if the fishery participant is 

24 authorized to continue fishing using such 

25 alternative gears; and 


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1 ‘‘(B) the Secretary certifies that the permit 

2 authorizing participation has been permanently 

3 revoked and that no new permits will be issued 

4 to authorize such fishing.’’. 

5 SEC. 5. EXCEPTION. 

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

7 Conservation and Management Act (16 U.S.C. 1857(1)(M)) 

8 is amended by inserting before the semicolon the following: 

9 ‘‘, unless such large-scale driftnet fishing— 

10 ‘‘(i) deploys, within the exclusive eco11 nomic zone, a net with a total length of less 

12 than two and one-half kilometers and a 

13 mesh size of 14 inches or greater; and 

14 ‘‘(ii) is conducted within 5 years of the 

15 date of enactment of the Driftnet Mod16 ernization and Bycatch Reduction Act’’. 


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Calendar No. 729 

115TH CONGRESS 

2D SESSION S. 2773 

[Report No. 115–430] 

A BILL 

To improve the management of driftnet fishing. 

DECEMBER 11, 2018 

Reported with an amendment 


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