117TH CONGRESS 

1ST SESSION S. 273 

AN ACT 

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, 
2 

†S 273 ES

1 SECTION 1. SHORT TITLE. 

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

3 and Bycatch Reduction Act’’. 

4 SEC. 2. DEFINITION. 

5 Section 3(25) of the Magnuson-Stevens Fishery Con6 servation and Management Act (16 U.S.C. 1802(25)) is 

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

8 or greater,’’ after ‘‘more’’. 

9 SEC. 3. FINDINGS AND POLICY. 

10 (a) FINDINGS.—Section 206(b) of the Magnuson-Ste11 vens Fishery Conservation and Management Act (16 

12 U.S.C. 1826(b)) is amended— 

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

14 end; 

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

16 inserting ‘‘; and’’; and 

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

18 ‘‘(8) within the exclusive economic zone, large19 scale driftnet fishing that deploys nets with large 

20 mesh sizes causes significant entanglement and mor21 tality of living marine resources, including myriad 

22 protected species, despite limitations on the lengths 

23 of such nets.’’. 

24 (b) POLICY.—Section 206(c) of the Magnuson-Ste25 vens Fishery Conservation and Management Act (16 

26 U.S.C. 1826(c)) is amended— 
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†S 273 ES

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

2 end; 

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

4 inserting ‘‘; and’’; and 

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

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

7 driftnet fishing in the exclusive economic zone and 

8 promote the development and adoption of alternative 

9 fishing methods and gear types that minimize the in10 cidental catch of living marine resources.’’. 

11 SEC. 4. TRANSITION PROGRAM. 

12 Section 206 of the Magnuson-Stevens Fishery Con13 servation and Management Act (16 U.S.C. 1826) is 

14 amended by adding at the end the following— 

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

16 ‘‘(1) IN GENERAL.—During the 5-year period 

17 beginning on the date of enactment of the Driftnet 

18 Modernization and Bycatch Reduction Act, the Sec19 retary shall conduct a transition program to facili20 tate the phase-out of large-scale driftnet fishing and 

21 adoption of alternative fishing practices that mini22 mize the incidental catch of living marine resources, 

23 and shall award grants to eligible permit holders 

24 who participate in the program. 
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†S 273 ES

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

2 receiving a grant under paragraph (1) may use such 

3 funds only for the purpose of covering— 

4 ‘‘(A) any fee originally associated with a 

5 permit authorizing participation in a large-scale 

6 driftnet fishery, if such permit is surrendered 

7 for permanent revocation, and such permit 

8 holder relinquishes any claim associated with 

9 the permit; 

10 ‘‘(B) a forfeiture of fishing gear associated 

11 with a permit described in subparagraph (A); or 

12 ‘‘(C) the purchase of alternative gear with 

13 minimal incidental catch of living marine re14 sources, if the fishery participant is authorized 

15 to continue fishing using such alternative gears. 

16 ‘‘(3) CERTIFICATION.—The Secretary shall cer17 tify that, with respect to each participant in the pro18 gram under this subsection, any permit authorizing 

19 participation in a large-scale driftnet fishery has 

20 been permanently revoked and that no new permits 

21 will be issued to authorize such fishing.’’. 

22 SEC. 5. EXCEPTION. 

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

24 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 within 5 years of 

8 the date of enactment of the Driftnet Mod9 ernization and Bycatch Reduction Act’’. 

10 SEC. 6. FEES. 

11 (a) IN GENERAL.—The North Pacific Fishery Man12 agement Council may recommend, and the Secretary of 

13 Commerce may approve, regulations necessary for the col14 lection of fees from charter vessel operators who guide rec15 reational anglers who harvest Pacific halibut in Inter16 national Pacific Halibut Commission regulatory areas 2C 

17 and 3A as those terms are defined in part 300 of title 

18 50, Code of Federal Regulations (or any successor regula19 tions). 

20 (b) USE OF FEES.—Any fees collected under this sec21 tion shall be available for the purposes of— 

22 (1) financing administrative costs of the Rec23 reational Quota Entity program; 

24 (2) the purchase of halibut quota shares in 

25 International Pacific Halibut Commission regulatory 
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1 areas 2C and 3A by the recreational quota entity 

2 authorized in part 679 of title 50, Code of Federal 

3 Regulations (or any successor regulations); 

4 (3) halibut conservation and research; and 

5 (4) promotion of the halibut resource by the 

6 recreational quota entity authorized in part 679 of 

7 title 50, Code of Federal Regulations (or any suc8 cessor regulations). 

9 (c) LIMITATION ON COLLECTION AND AVAIL10 ABILITY.—Fees shall be collected and available pursuant 

11 to this section only to the extent and in such amounts 

12 as provided in advance in appropriations Acts, subject to 

13 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 appro17 priations for the activities authorized under this Act 

18 through September 30, 2022, and shall be available for 

19 obligation and remain available until expended. 

Passed the Senate September 14, 2021. 

Attest: 

Secretary. 

117TH CONGRESS 

1ST SESSION S. 273 

AN ACT 

To improve the management of driftnet fishing.