[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5638 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 5638

             To improve the management of driftnet fishing.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 2018

  Mr. Ted Lieu of California introduced the following bill; which was 
             referred to the Committee on Natural Resources

_______________________________________________________________________

                                 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 reduce the incidental catch of living marine 
        resources to the maximum extent possible.''.

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.--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.
            ``(2) Permissible uses.--
                    ``(A) In general.--The Secretary is authorized to 
                provide funding to fishery participants for one or more 
                of the following:
                            ``(i) 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.
                            ``(ii) A forfeiture of fishing gear 
                        associated with a permit described in clause 
                        (i).
                            ``(iii) 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.
                    ``(B) Payment condition.--The Secretary may not 
                make a payment to a fishery participant under 
                subparagraph (A) unless the Secretary certifies that 
                the permit authorizing participation has been 
                permanently revoked and that no new permits will be 
                issued to authorize such fishing.
            ``(3) Authorization of appropriations.--There is authorized 
        to be appropriated for purposes of carrying out this 
        subsection, $450,000 for each of fiscal years 2018 through 
        2020.''.

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 2\1/2\ kilometers and a mesh size of 
                        14 inches or greater; and
                            ``(ii) is conducted prior to January 1, 
                        2020.''.
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