[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 273 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 273
To improve the management of driftnet fishing.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 8, 2021
Mrs. Feinstein (for herself and Mrs. Capito) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
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,
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, without appropriation or fiscal year limitation, 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).
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