Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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 Con-
servation 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-Ste-
vens 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 mor-
tality of living marine resources, including myriad 
protected species, despite limitations on the lengths of 
such nets.’’. 
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(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 in-
cidental catch of living marine resources.’’. 
SEC. 4. TRANSITION PROGRAM. 
Section 206 of the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1826) is amend-
ed by adding at the end the following— 
‘‘(i) FISHING GEAR TRANSITION PROGRAM.— 
‘‘(1) IN GENERAL.—During the 5-year period be-
ginning on the date of enactment of the Driftnet Mod-
ernization and Bycatch Reduction Act, 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 in-
cidental catch of living marine resources, and shall 
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award grants to eligible permit holders who partici-
pate in the program. 
‘‘(2) PERMISSIBLE USES.—Any permit holder re-
ceiving a grant under paragraph (1) may use such 
funds only for the purpose of covering— 
‘‘(A) 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 per-
mit; 
‘‘(B) a forfeiture of fishing gear associated 
with a permit described in subparagraph (A); or 
‘‘(C) the purchase of alternative gear with 
minimal incidental catch of living marine re-
sources, if the fishery participant is authorized 
to continue fishing using such alternative gears. 
‘‘(3) CERTIFICATION.—The Secretary shall cer-
tify that, with respect to each participant in the pro-
gram under this subsection, any permit authorizing 
participation in a large-scale driftnet fishery has been 
permanently revoked and that no new permits will be 
issued to authorize such fishing.’’. 
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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 eco-
nomic 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 Mod-
ernization and Bycatch Reduction Act’’. 
SEC. 6. FEES. 
(a) IN GENERAL.—The North Pacific Fishery Manage-
ment Council may recommend, and the Secretary of Com-
merce may approve, regulations necessary for the collection 
of fees from charter vessel operators who guide recreational 
anglers who harvest Pacific halibut in International Pacific 
Halibut Commission regulatory areas 2C and 3A as those 
terms are defined in part 300 of title 50, Code of Federal 
Regulations (or any successor regulations). 
(b) USE OF FEES.—Any fees collected under this sec-
tion shall be available for the purposes of— 
(1) financing administrative costs of the Rec-
reational Quota Entity program; 
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(2) the purchase of halibut quota shares in Inter-
national Pacific Halibut Commission regulatory 
areas 2C and 3A by the recreational quota entity au-
thorized in part 679 of title 50, Code of Federal Regu-
lations (or any successor regulations); 
(3) halibut conservation and research; and 
(4) promotion of the halibut resource by the rec-
reational quota entity authorized in part 679 of title 
50, Code of Federal Regulations (or any successor reg-
ulations). 
(c) LIMITATION ON COLLECTION AND AVAILABILITY.— 
Fees shall be collected and available pursuant to this section 
only to the extent and in such amounts as provided in ad-
vance in appropriations Acts, subject to subsection (d). 
(d) FEE COLLECTED DURING START-UP PERIOD.— 
Notwithstanding subsection (c), fees may be collected 
through the date of enactment of an Act making appropria-
tions for the activities authorized under this Act through 
September 30, 2022, and shall be available for obligation 
and remain available until expended. 
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Union Calendar No. 402 
117TH CONGRESS 
2D SESSION 
H. R. 404 
[Report No. 117–561] 
A BILL 
To improve the management of driftnet fishing. 
NOVEMBER 16, 2022 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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