DESCEND Act of 2020
PL 116-340 (H.R.5126), enacted 01/13/2021

[116th Congress Public Law 340]
[From the U.S. Government Publishing Office]



[[Page 5127]]

                     DIRECT ENHANCEMENT OF SNAPPER 
                      CONSERVATION AND THE ECONOMY 
                    THROUGH NOVEL DEVICES ACT OF 2020

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Public Law 116-340
116th Congress

                                 An Act


 
    To require individuals fishing for Gulf reef fish to use certain 
      descending devices, and for other purposes. <<NOTE: Jan. 13, 
                         2021 -  [H.R. 5126]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Direct 
Enhancement of Snapper Conservation and the Economy through Novel 
Devices Act of 2020. 16 USC 1801 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Direct Enhancement of Snapper 
Conservation and the Economy through Novel Devices Act of 2020'' or the 
``DESCEND Act of 2020''.
SEC. 2. SENSE OF CONGRESS.

    It is the sense of Congress that commercial and recreational 
fishermen (which, for the purpose of this Act shall include charter 
fishing) for Gulf reef fish are expected to use a venting tool or a 
descending device required for possession under section 3 when releasing 
fish that are exhibiting signs of barotrauma. The Secretary of Commerce 
(referred to in this Act as the ``Secretary''), in coordination with the 
Gulf of Mexico Fishery Management Council, should develop and 
disseminate to fishermen education and outreach materials related to 
proper use of venting tools and descending devices, and strongly 
encourage their use by commercial and recreational fishermen when 
releasing fish that are exhibiting signs of barotrauma.
SEC. 3. REQUIRED POSSESSION OF DESCENDING DEVICES.

    (a) Required Gear in the Gulf Reef Fish Fishery.--Title III of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851 
et seq.) is amended by adding at the end the following:
``SEC. 321. <<NOTE: 16 USC 1870.>>  REQUIRED POSSESSION OF 
                        DESCENDING DEVICES.

    ``(a) Require Gear in the Gulf Reef Fish Fishery.--It shall be 
unlawful for a person on board a commercial or recreational vessel to 
fish for Gulf reef fish in the Gulf of Mexico Exclusive Economic Zone 
without possessing on board the vessel a venting tool or a descending 
device that is rigged and ready for use while fishing is occurring.
    ``(b) Savings Clause.--No provision of this section shall be 
interpreted to affect any program or activity carried out by the Gulf 
Coast Ecosystem Restoration Council established by the Resources and 
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies 
of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note), or any 
project contained in an approved Restoration Plan developed by any 
Natural Resources Damage Assessment

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Trustee Implementation Group to reduce post-release mortality from 
barotrauma in Gulf of Mexico Reef Fish Recreational Fisheries.
    ``(c) Definitions.--In this section:
            ``(1) Descending device.--The term `descending device' means 
        an instrument that--
                    ``(A) will release fish at a depth sufficient for 
                the fish to be able to recover from the effects of 
                barotrauma;
                    ``(B) is a weighted hook, lip clamp, or box that 
                will hold the fish while it is lowered to depth, or 
                another device determined to be appropriate by the 
                Secretary; and
                    ``(C) is capable of--
                          ``(i) releasing the fish automatically;
                          ``(ii) releasing the fish by actions of the 
                      operator of the device; or
                          ``(iii) allowing the fish to escape on its 
                      own.
            ``(2) Venting tool.--The term `venting tool' has the meaning 
        given to it by the Gulf of Mexico Fishery Management Council.
            ``(3) Gulf reef fish.--The term `Gulf reef fish' means any 
        fish chosen by the Gulf of Mexico Fishery Management Council 
        that is in the reef Fishery Management Plan for the purposes of 
        this Act.''.

    (b) Civil Penalties.--Section 308(a) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1858(a)) is amended by 
inserting ``or section 321'' after ``section 307''.
    (c) <<NOTE: 16 USC 1858 note.>>  Effective Date.--The amendments 
made by this Act shall take effect 1 year after the date of the 
enactment of this Act.

    (d) Conforming Amendment.--Title III of the table of contents of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1851 
et seq.) is amended by striking the item relating to section 305 and all 
that follows through the end of the items relating to such title and 
inserting the following:

``Sec. 305. Other requirements and authority.
``Sec. 306. State jurisdiction.
``Sec. 307. Prohibited acts.
``Sec. 308. Civil penalties and permit sanctions.
``Sec. 309. Criminal offenses.
``Sec. 310. Civil forfeitures.
``Sec. 311. Enforcement.
``Sec. 312. Transition to sustainable fisheries.
``Sec. 313. North Pacific fisheries conservation.
``Sec. 314. Northwest Atlantic Ocean fisheries reinvestment program.
``Sec. 315. Regional Coastal Disaster Assistance, Transition, and 
           Recovery Program.
``Sec. 316. Bycatch Reduction Engineering Program.
``Sec. 317. Shark Feeding.
``Sec. 318. Cooperative Research and Management Program.
``Sec. 319. Herring Study.
``Sec. 320. Restoration Study.
``Sec. 321. Required possession of descending devices.''.

    (e) <<NOTE: 16 USC 1858 note.>>  Sunset.--Five years after the date 
of the enactment of this Act, the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1851 et seq.) is amended--
            (1) in the table of contents, by striking the item relating 
        to section 321;
            (2) <<NOTE: 16 USC 1858.>>  in section 308(a), by striking 
        ``or section 321''; and
            (3) <<NOTE: 16 USC 1870.>>  by striking section 321.
SEC. 4. <<NOTE: 16 USC 1865 note. Deadline. Study. Reports.>>  
                    IMPROVING DISCARD MORTALITY DATA.

    (a) Agreement.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary shall enter into an agreement with 
the National Academy of Sciences to conduct a study

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and produce a report on discard mortality in the Gulf of Mexico reef 
fish fisheries. <<NOTE: Assessments. Recommenda- tions.>>  The study 
shall include--
            (1) assessment of gaps and biases in reporting of discards 
        and associated discard mortality;
            (2) assessment of uncertainty and likely impacts of such 
        uncertainty in discard mortality;
            (3) assessment of the effectiveness and usage rates of 
        barotrauma-reducing devices;
            (4) recommendations for future research priorities; and
            (5) recommendations for standardized reporting and 
        quantification of discards in the same metric as landings for 
        fisheries under the Gulf of Mexico Reef Fish Fishery Management 
        Plan.

    (b) <<NOTE: Reports.>>  Deadlines.--Not later than 2 years after the 
date of the enactment of this Act, the National Academy of Sciences 
shall complete the study required under subsection (a) and transmit the 
final report to the Secretary. Not later than 3 months after receiving 
the study and report in accordance with this subsection, the Secretary 
shall submit the study and report to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Natural Resources 
of the House of Representatives.

    (c) <<NOTE: Deadline.>>  Plan.--Not later than 1 year after the 
Secretary receives the study and report required under subsection (a), 
Secretary and the Gulf of Mexico Fishery Management Council shall 
develop--
            (1) guidance for minimum standards for quantifying and 
        reporting discards and associated mortality in the Gulf of 
        Mexico Reef Fish Fishery Management Plan; and
            (2) <<NOTE: Assessment.>>  a plan to assess and monitor the 
        effectiveness and usage of barotrauma-reducing devices and the 
        impact on discard mortality rates in Gulf of Mexico reef fish 
        fisheries.

    (d) Follow-Up Report.--Not later than 3 years after developing 
minimum standards and developing the assessment and monitoring plan 
under subsection (c), the Secretary shall provide a detailed report on 
implementation to the Committee on Commerce, Science, and Transportation 
of the Senate and the Committee on Natural Resources of the House of 
Representatives.
SEC. 5. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying with 
the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the

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Congressional Record by the Chairman of the House Budget Committee, 
provided that such statement has been submitted prior to the vote on 
passage.

    Approved January 13, 2021.

LEGISLATIVE HISTORY--H.R. 5126:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 116-531 (Comm. on Natural Resources).
CONGRESSIONAL RECORD, Vol. 166 (2020):
            Oct. 1, considered and passed House.
            Dec. 21, considered and passed Senate.

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