[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 404 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 404

             To improve the management of driftnet fishing.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 21, 2021

Mr. Lieu (for himself, Mr. Fitzpatrick, Mr. Wittman, Mr. Lowenthal, Ms. 
  Lee of California, Mr. Mast, Mr. Palazzo, Mr. Case, Mr. Schiff, Mr. 
  Harder of California, Mr. Griffith, Mr. Thompson of California, Ms. 
  Norton, Ms. Eshoo, Mr. Larsen of Washington, Mr. Buchanan, and Mr. 
 Blumenauer) 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 of 2021''.

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--
            (1) by redesignating subsection (h) as subsection (i); and
            (2) by inserting after subsection (g) the following:
    ``(h) 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 of 2021, 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 the use of 
                which is likely to result in minimal incidental catch 
                of living marine resources, if the fishery participant 
                is authorized to continue fishing using such 
                alternative gear.
            ``(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 of 2021''.
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