Driftnet Modernization and Bycatch Reduction Act
Bill: S.273 | Sponsor: Sen. Feinstein, Dianne (D-CA)
Policy area: Public Lands and Natural Resources

Summary:
Driftnet Modernization and Bycatch Reduction Act
This bill addresses certain driftnet fishing. Driftnet fishing is a method of fishing in which a gillnet composed of a panel or panels of webbing, or a series of such gillnets, is placed in the water and allowed to drift with the currents and winds for the purpose of entangling fish in the webbing.
Currently, the use of large-scale drift gillnets with a total length of 2.5 kilometers or more is prohibited in the United States.	The bill expands the definition of large-scale driftnet fishing to prohibit the use of gillnets with a mesh size of 14 inches or greater. This expanded prohibition does not apply within the U.S. exclusive economic zone for five years.
The Department of Commerce must conduct a transition program to facilitate the phase out of large-scale driftnet fishing and to promote the adoption of alternative fishing practices that minimize the incidental catch of living marine resources.
Commerce must award grants to program participants.
The North Pacific Fishery Management Council may recommend and Commerce may approve regulations that require charter operators to pay fees on vessels that harvest Pacific halibut in specific International Pacific Halibut Commission regulatory areas.

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,

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.--During the 5-year period beginning on 
        the date of enactment of the Driftnet Modernization 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 
        incidental catch of living marine resources, and shall award 
        grants to eligible permit holders who participate in the 
        program.
            ``(2) Permissible uses.--Any permit holder receiving 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 permit;
                    ``(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 resources, if the 
                fishery participant is authorized to continue fishing 
                using such alternative gears.
            ``(3) Certification.--The Secretary shall certify that, 
        with respect to each participant in the program 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.''.

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''.

SEC. 6. FEES.

    (a) In General.--The North Pacific Fishery Management Council may 
recommend, and the Secretary of Commerce 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 section shall be 
available for the purposes of--
            (1) financing administrative costs of the Recreational 
        Quota Entity program;
            (2) the purchase of halibut quota shares in International 
        Pacific Halibut Commission regulatory areas 2C and 3A by the 
        recreational quota entity authorized in part 679 of title 50, 
        Code of Federal Regulations (or any successor regulations);
            (3) halibut conservation and research; and
            (4) promotion of the halibut resource by the recreational 
        quota entity authorized in part 679 of title 50, Code of 
        Federal Regulations (or any successor regulations).
    (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 advance 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 appropriations for the activities authorized under this 
Act through September 30, 2022, and shall be available for obligation 
and remain available until expended.

            Passed the Senate September 14, 2021.

            Attest:

                                                             Secretary.
117th CONGRESS

  1st Session

                                 S. 273

_______________________________________________________________________