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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2773 Reported in Senate (RS)]

<DOC>

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Driftnet Modernization and 
Bycatch Reduction Act''.</DELETED>

<DELETED>SEC. 2. DEFINITION.</DELETED>

<DELETED>    Section 3(25) of the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1802(25)) is amended by inserting ``, or 
with a mesh size of 14 inches or greater,'' after ``more''.</DELETED>

<DELETED>SEC. 3. FINDINGS AND POLICY.</DELETED>

<DELETED>    (a) Findings.--Section 206(b) of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1826(b)) is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (6), by striking ``and'' at the 
        end;</DELETED>
        <DELETED>    (2) in paragraph (7), by striking the period and 
        inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(8) within the exclusive economic zone, large-
        scale driftnet fishing that deploys nets with large mesh sizes 
        causes significant entanglement and mortality of living marine 
        resources, including myriad protected species, despite 
        limitations on the lengths of such nets.''.</DELETED>
<DELETED>    (b) Policy.--Section 206(c) of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1826(c)) is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (2), by striking ``and'' at the 
        end;</DELETED>
        <DELETED>    (2) in paragraph (3), by striking the period and 
        inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following--</DELETED>
        <DELETED>    ``(4) prioritize the phase out of large-scale 
        driftnet fishing in the exclusive economic zone and promote the 
        development and adoption of alternative fishing methods and 
        gear types that reduce the incidental catch of living marine 
        resources to the maximum extent possible.''.</DELETED>

<DELETED>SEC. 4. TRANSITION PROGRAM.</DELETED>

<DELETED>    Section 206 of the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1826) is amended by adding at the end the 
following--</DELETED>
<DELETED>    ``(i) Fishing Gear Transition Program.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall conduct a 
        transition program to facilitate the phase-out of large-scale 
        driftnet fishing and adoption of alternative fishing practices 
        that minimize the incidental catch of living marine 
        resources.</DELETED>
        <DELETED>    ``(2) Permissible uses.--</DELETED>
                <DELETED>    ``(A) In general.--The Secretary is 
                authorized to provide funding to fishery participants 
                for one or more of the following:</DELETED>
                        <DELETED>    ``(i) Any fee originally 
                        associated with a permit authorizing 
                        participation in a large-scale driftnet 
                        fishery, if such permit is surrendered for 
                        permanent revocation, and such permit holder 
                        relinquishes any claim associated with the 
                        permit.</DELETED>
                        <DELETED>    ``(ii) A forfeiture of fishing 
                        gear associated with a permit described in 
                        clause (i).</DELETED>
                        <DELETED>    ``(iii) The purchase of 
                        alternative gear with minimal incidental catch 
                        of living marine resources, if the fishery 
                        participant is authorized to continue fishing 
                        using such alternative gears.</DELETED>
                <DELETED>    ``(B) Payment condition.--The Secretary 
                may not make a payment to a fishery participant under 
                subparagraph (A) unless the Secretary certifies that 
                the permit authorizing participation has been 
                permanently revoked and that no new permits will be 
                issued to authorize such fishing.</DELETED>
        <DELETED>    ``(3) Authorization of appropriations.--There is 
        authorized to be appropriated for purposes of carrying out this 
        subsection, $450,000 for each of fiscal years 2018 through 
        2020.''.</DELETED>

<DELETED>SEC. 5. EXCEPTION.</DELETED>

<DELETED>    Section 307(1)(M) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1857(1)(M)) is amended by 
inserting before the semicolon the following: ``, unless such large-
scale driftnet fishing--</DELETED>
                        <DELETED>    ``(i) deploys, within the 
                        exclusive economic zone, a net with a total 
                        length of less than two and one-half kilometers 
                        and a mesh size of 14 inches or greater; 
                        and</DELETED>
                        <DELETED>    ``(ii) is conducted prior to 
                        January 1, 2020.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Driftnet Modernization and Bycatch 
Reduction Act''.

SEC. 2. DEFINITION.

    Section 3(25) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1802(25)) is amended by inserting ``, or with 
a mesh size of 14 inches or greater,'' after ``more''.

SEC. 3. FINDINGS AND POLICY.

    (a) Findings.--Section 206(b) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1826(b)) is amended--
            (1) in paragraph (6), by striking ``and'' at the end;
            (2) in paragraph (7), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(8) within the exclusive economic zone, large-scale 
        driftnet fishing that deploys nets with large mesh sizes causes 
        significant entanglement and mortality of living marine 
        resources, including myriad protected species, despite 
        limitations on the lengths of such nets.''.
    (b) Policy.--Section 206(c) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1826(c)) is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following--
            ``(4) prioritize the phase out of large-scale driftnet 
        fishing in the exclusive economic zone and promote the 
        development and adoption of alternative fishing methods and 
        gear types that minimize the incidental catch of living marine 
        resources.''.

SEC. 4. TRANSITION PROGRAM.

    Section 206 of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1826) is amended by adding at the end the 
following--
    ``(i) Fishing Gear Transition Program.--
            ``(1) In general.--The Secretary shall conduct a transition 
        program to facilitate the phase-out of large-scale driftnet 
        fishing and adoption of alternative fishing practices that 
        minimize the incidental catch of living marine resources.
            ``(2) Permissible uses.--Any permit holder participating in 
        the transition program under paragraph (1) is eligible for a 
        grant under section 316, if--
                    ``(A) the grant is used only the purpose of 
                covering--
                            ``(i) any fee originally associated with a 
                        permit authorizing participation in a large-
                        scale driftnet fishery, if such permit is 
                        surrendered for permanent revocation, and such 
                        permit holder relinquishes any claim associated 
                        with the permit;
                            ``(ii) a forfeiture of fishing gear 
                        associated with a permit described in clause 
                        (i); or
                            ``(iii) the purchase of alternative gear 
                        with minimal incidental catch of living marine 
                        resources, if the fishery participant is 
                        authorized to continue fishing using such 
                        alternative gears; and
                    ``(B) the Secretary certifies that the permit 
                authorizing participation has been permanently revoked 
                and that no new permits will be issued to authorize 
                such fishing.''.

SEC. 5. EXCEPTION.

    Section 307(1)(M) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1857(1)(M)) is amended by inserting before 
the semicolon the following: ``, unless such large-scale driftnet 
fishing--
                            ``(i) deploys, within the exclusive 
                        economic zone, a net with a total length of 
                        less than two and one-half kilometers and a 
                        mesh size of 14 inches or greater; and
                            ``(ii) is conducted within 5 years of the 
                        date of enactment of the Driftnet Modernization 
                        and Bycatch Reduction Act''.
                                                       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
```