[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4938 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4938
To reduce trawl gear impacts on bycatch and seafloor habitat in the
Bering Sea, Aleutian Islands, and Gulf of Alaska, to establish gear
performance standards, seafloor contact detection, and salmon excluder
requirements, to improve Council transparency and participation, to
prioritize ecosystem analyses, to modernize electronic monitoring, to
prohibit unsustainable foreign seafood imports, and to establish a
Bycatch Mitigation and Habitat Protection Assistance Fund.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 24, 2026
Mr. Sullivan introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To reduce trawl gear impacts on bycatch and seafloor habitat in the
Bering Sea, Aleutian Islands, and Gulf of Alaska, to establish gear
performance standards, seafloor contact detection, and salmon excluder
requirements, to improve Council transparency and participation, to
prioritize ecosystem analyses, to modernize electronic monitoring, to
prohibit unsustainable foreign seafood imports, and to establish a
Bycatch Mitigation and Habitat Protection Assistance Fund.
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 ``Bycatch Reduction Act''.
SEC. 2. ENSURING MID-WATER NETS DO NOT OPERATE LIKE BOTTOM TRAWL GEAR.
(a) In General.--The North Pacific Fishery Management Council
shall--
(1) establish a pelagic trawl gear performance standard for
vessels using pelagic trawl gear in fisheries managed under the
Bering Sea and Aleutian Islands Groundfish Fishery Management
Plan and Gulf of Alaska Groundfish Fishery Management Plan
(referred to in this section as ``applicable vessels''); and
(2) implement enforceable regulations to manage gear
impacts from such applicable vessels on benthic habitat and
reduce unobserved mortality on important subsistence,
commercial, or recreational species during fishing operations.
(b) Establish a Pelagic Trawl Gear Baseline.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the North Pacific Fishery Management
Council shall use methods, such as gear design standards, model
and field testing verification, sensors, or technology, to
identify the current baseline of the effects of pelagic trawl
gear on marine benthic habitat in areas managed under the
Bering Sea and Aleutian Islands Groundfish Fishery Management
Plan and Gulf of Alaska Groundfish Fishery Management Plan.
(2) Independent review.--The North Pacific Fishery
Management Council shall enter into an agreement with the
National Academies of Sciences, Engineering, and Medicine to
review the methodology, data, and findings used to identify the
baseline under paragraph (1). The results of the review shall
be made publicly available.
(c) Regulations.--Following the identification of the pelagic trawl
gear baseline under subsection (b), the Administrator of the National
Oceanic and Atmospheric Administration (referred to in this Act as the
``Administrator''), in consultation with the North Pacific Fishery
Management Council, shall promulgate regulations to reduce impacts
relative to such baseline from pelagic trawl gear, including through--
(1) requiring gear modifications to pelagic trawl gear,
including requiring applicable vessels to be equipped with a
commercially available seafloor contact detection system
capable of monitoring and verifying the net position and
clearance of pelagic trawl gear in relation to the seafloor;
(2) reductions in the amount of fishing effort that results
in pelagic trawl gear making contact with the marine benthic
habitat in areas that are closed to nonpelagic trawl gear;
(3) prohibitions on fishing by pelagic trawl gear in areas
closed to nonpelagic trawl gear; or
(4) prohibitions in fishing by pelagic trawl gear if there
are any areas identified in section 6(c)(4) that support
juvenile recruitment of important subsistence, commercial, or
recreational species.
(d) Monitoring; Data Retention and Access.--In providing
consultation to the Administrator for the promulgation of regulations
under subsection (c)(1), the North Pacific Fishery Management Council
shall consider--
(1) establishing protocols for the collection, storage, and
submission of data related to the use of pelagic trawl gear;
(2) requiring real-time or near-real-time monitoring of
such data, with transmission of such data each week to support
compliance monitoring and enforcement;
(3) ensuring seafloor contact detection systems are
compatible with existing electronic monitoring or observer
programs implemented by the National Marine Fisheries Service;
and
(4) establishing requirements for the retention,
submission, and confidentiality of data collected under this
section consistent with section 402 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1881a).
(e) Enforcement.--An applicable vessel that fails to comply with
the regulations promulgated under this section shall be deemed to have
violated the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.) and shall be subject to the penalties and
sanctions, including civil penalties, permit sanctions, or other
enforcement actions, provided under such Act.
(f) Consultation.--In implementing this section, the Administrator
and the North Pacific Fishery Management Council shall consult with
affected subsistence, commercial, and recreational participants,
including harvesters, processors, communities, and community
development quota groups.
SEC. 3. GETTING TRAWL NETS OFF THE SEAFLOOR TO REDUCE UNOBSERVED
FISHING MORTALITY AND HABITAT IMPACTS.
(a) In General.--
(1) Gear performance standards.--The North Pacific Fishery
Management Council shall establish a gear performance standard
system for applicable vessels using nonpelagic trawl gear in
fisheries managed under the Bering Sea and Aleutian Islands
Groundfish Fishery Management Plan and Gulf of Alaska
Groundfish Fishery Management Plan to manage gear impacts on
benthic habitat and reduce unobserved mortality on important
subsistence, commercial, or recreational species during fishing
operations.
(2) Applicable vessel.--In this section, the term
``applicable vessel'' means a trawl catcher/processor vessel
that is not eligible to harvest pollock under section 208 of
the American Fisheries Act (16 U.S.C. 1851 note).
(b) Performance Review and Standards.--Not later than 1 year after
the date of enactment of this Act, the Administrator shall--
(1) deliver a report to the North Pacific Fishery
Management Council that--
(A) identifies, using methods such as gear design
standards, model and field testing verification,
sensors, or technology, the current baseline of the
effects of nonpelagic trawl gear on marine benthic
habitat in areas managed under the Bering Sea and
Aleutian Islands Groundfish Fishery Management Plan and
Gulf of Alaska Groundfish Fishery Management Plan; and
(B) describes nonpelagic trawl gear regulations for
applicable vessels and analyzes the potential impacts
to marine benthic habitat and bycatch from modifying
nonpelagic trawl gear; and
(2) establish a 1-year phase in period that requires each
applicable vessel to be equipped with a modified footrope and
modified trawl sweeps, as applicable, to reduce seafloor
contact and maximize seafloor clearance relative to such
baseline from applicable vessels using nonpelagic trawl gear.
(c) Independent Review.--The Administrator shall enter into an
agreement with the National Academies of Sciences, Engineering, and
Medicine to review the methodology, data, and findings used to identify
the baseline under subsection (b)(1)(A). The results of the review
shall be made publicly available.
(d) Full Compliance.--The Administrator shall require full
compliance with the requirements of this section not later than 2 years
after the date of enactment of this Act.
(e) Enforcement.--An applicable vessel that fails to comply with
the requirements of this section or regulations issued under this
section shall be deemed to have violated the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.) and shall be
subject to the penalties and sanctions, including civil penalties,
permit sanctions, or other enforcement actions, provided under such
Act.
(f) Consultation.--In implementing this section, the Administrator
and the North Pacific Fishery Management Council shall consult with
affected subsistence, commercial, and recreational participants,
including harvesters, processors, communities, and community
development quota groups.
SEC. 4. IMPROVING PUBLIC TRANSPARENCY AND INCREASING PARTICIPATION IN
THE NORTH PACIFIC FISHERY MANAGEMENT COUNCIL PROCESS.
(a) Regional Fishery Management Councils.--Section 302 of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1852) is amended--
(1) in subsection (e), by striking paragraph (5) and
inserting the following:
``(5) Each Council shall hold a recorded vote on all non-
procedural matters before the Council. The official minutes and
other appropriate records of any Council meeting shall identify
all roll call votes held, the name of each voting member
present during each roll call vote, and how each member voted
on each roll call vote.'';
(2) in subsection (i)(2), by adding at the end the
following:
``(G) Each Council shall make available on the internet
website of the Council--
``(i) to the extent practicable, a webcast, an
audio recording, or a live broadcast of each meeting of
the Council, and of the Council coordination committee
established under subsection (l), that is not closed in
accordance with paragraph (3); and
``(ii) audio, video (if the meeting was in person
or by video conference), or a searchable audio or
written transcript of each meeting of the Council and
of the meetings of advisory bodies of the Council, by
not later than 30 days after the conclusion of the
meeting.
``(H) The Secretary shall maintain and make available to
the public a permanent online archive of each webcast, audio,
broadcast, video, and transcript made available under clauses
(i) and (ii) of subparagraph (G).'';
(3) in subsection (j)--
(A) in paragraph (1), by striking subparagraph (B)
and inserting the following:
``(B) the term `designated official' means an
attorney employed in the Office of the General Counsel
of the National Oceanic and Atmospheric Administration
who--
``(i) has expertise in Federal conflict-of-
interest requirements; and
``(ii) is designated by the Secretary, in
consultation with a Council, to attend the
meetings of such Council and make
determinations under paragraph (7)(B).'';
(B) in paragraph (2)(C), by inserting
``contractor,'' after ``partner,''; and
(C) in paragraph (5)(B), by striking ``on the
Internet'' and inserting ``on the internet website of
National Oceanic and Atmospheric Administration, on the
internet website of the applicable Council,''.
(b) North Pacific Fishery Management Council Written Public Comment
Procedure.--Not later than 180 days after the date of enactment of this
Act, the North Pacific Fishery Management Council shall update its
Public Comment Policy and provide a minimum comment period of 4 weeks
before the start of the Council meeting.
(c) National Oceanic and Atmospheric Administration Recusal Review
Process.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall conduct a
comprehensive review of the financial interest and recusal
procedures under section 302(j) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852(j)) and the
regulations promulgated to carry out such section, including
section 600.235 of title 50, Code of Federal Regulations (or
successor regulations).
(2) Compliance.--The review under paragraph (1) shall
evaluate whether there has been compliance with regulatory
requirements promulgated to carry out section 302(j) of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1852(j)), including timely submission of disclosures and
the effectiveness and consistency of recusal determinations.
(3) Identification of gaps and weaknesses.--The
Administrator shall include, as part of the annual report to be
submitted in 2027, in accordance with section 302(j)(9) of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1852(j)(9)), a section identifying any gaps or
weaknesses in the current disclosure and recusal process and
providing recommendations on defining or clarifying the recusal
standards.
SEC. 5. REQUIRING SALMON EXCLUDERS IN THE NORTH PACIFIC.
(a) In General.--The North Pacific Fishery Management Council shall
require all vessels using pelagic trawl gear in fisheries managed under
the Bering Sea and Aleutian Islands Groundfish Fishery Management Plan
and Gulf of Alaska Groundfish Fishery Management Plan (referred to in
this section as ``applicable vessels'') to be equipped with a salmon
excluder device.
(b) Gear Requirements.--Not later than 1 year after the date of
enactment of this Act, the North Pacific Fishery Management Council
shall require each applicable vessel to be equipped with a salmon
excluder device that is operational and has been field tested,
scientifically reviewed, and verified to reduce salmon bycatch
effectively.
(c) Salmon Excluder Devices.--The Administrator shall--
(1) support field testing and scientific review of salmon
excluder devices; and
(2) implement an outreach strategy to ensure industry
adoption.
(d) Technical Assistance and Guidance.--The Administrator shall
provide technical assistance and guidance to applicable vessel
operators to facilitate installation and use of approved salmon
excluder devices.
(e) Full Compliance.--The Administrator shall require full
compliance with the requirements of this section not later than 1 year
after the date of enactment of this Act.
(f) Enforcement.--An applicable vessel that fails to comply with
the requirements of this section or regulations issued under this
section shall be deemed to have violated the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.) and shall be
subject to the penalties and sanctions, including civil penalties,
permit sanctions, or other enforcement actions, provided under such
Act.
(g) Consultation.--In developing regulations to implement this
section, the Administrator and the North Pacific Fishery Management
Council shall consult with affected fishing industry participants,
including harvesters, processors, communities, and community
development quota groups.
SEC. 6. PRIORITIZING FOUNDATIONAL INVESTIGATIONS AND ECOSYSTEM ANALYSES
TO REDUCE BYCATCH AND SEAFLOOR IMPACTS.
(a) Reconstitution of the Alaska Salmon Research Task Force.--
(1) In general.--The Administrator shall reconstitute the
membership of the Alaska Salmon Research Task Force, as
described in the Alaska Salmon Research Task Force Act (Public
Law 117-328; 136 Stat. 5271).
(2) Bycatch reduction task force.--The reconstituted
membership described in paragraph (1) shall be referred to as
the ``Bycatch Reduction Task Force''.
(3) Members.--The Secretary of Commerce shall appoint an
additional 7 representatives to the Bycatch Reduction Task
Force as follows:
(A) 3 members who are academic experts, of which 1
member shall be an expert in salmon ecology, 1 member
shall be an expert in groundfish ecology, and 1 member
shall be an expert in invertebrate ecology.
(B) 1 member who is a resident of the Bering Sea or
Aleutian Islands region and 1 member who is a resident
of the Gulf of Alaska region.
(C) 2 members who are subject matter experts with
trawl fishing gear technology and its operations.
(4) Duties.--The Bycatch Reduction Task Force shall--
(A) review all research conducted and reports
published under this section; and
(B) in consultation with the Administrator, provide
priority recommendations for future work as described
in subsection (d)(2).
(5) Inapplicability of federal advisory committee act.--
Chapter 10 of title 5, United States Code (commonly known as
the ``Federal Advisory Committee Act''), shall not apply to the
Bycatch Reduction Task Force. Notwithstanding the
inapplicability of chapter 10 of title 5, United States Code,
the Administrator shall, to the maximum extent practicable and
consistent with protection of confidential and proprietary
information, make publicly available on an internet website--
(A) the membership of the Bycatch Reduction Task
Force;
(B) meeting dates and agendas of the Bycatch
Reduction Task Force;
(C) non-proprietary materials provided to or
produced by the Bycatch Reduction Task Force; and
(D) a mechanism for the public to submit written
statements for consideration by the Bycatch Reduction
Task Force.
(b) Salmon Life History Research.--
(1) Salmon tagging.--
(A) In general.--The Administrator shall enter into
public-private partnerships with State agencies,
nonprofit organizations, institutions of higher
education (as defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a))), Indian
Tribes or Tribal organizations (as defined in section 4
of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304)), and research
institutions to research the marine life history of
Alaska origin salmon species in the Bering Sea,
Aleutian Islands, and Gulf of Alaska.
(B) Partnerships.--In entering into partnerships
described in subparagraph (A), the Administrator--
(i) shall involve a diverse group of Alaska
salmon experts, including Alaska Natives,
fishing industry representatives, commercial
fishermen, and individuals who possess personal
knowledge of, and direct experience with,
subsistence uses in Alaska; and
(ii) may include cooperative research
efforts with privately owned commercial or
charter fishing vessel owners.
(C) Research.--
(i) In general.--At a minimum, the research
required under subparagraph (A) shall include
satellite tagging or other intelligent tagging
methodologies to better understand migration
and distributions of Alaska origin salmon
during their marine life history in the Bering
Sea, Aleutian Islands, or Gulf of Alaska.
(ii) Satellite tagging studies.--The
satellite tagging or other intelligent tagging
described in clause (i) shall aim to conduct--
(I) genetic determination of stock-
of-origin on all tagged salmon;
(II) an analysis of movement,
behavior, and habitat use for different
genetic stocks;
(III) systematic sampling across
different ages, sizes, run timings, and
cohorts rather than opportunistic
tagging; and
(IV) research on depth occupancy
patterns, vertical migration behavior,
and 3-dimensional habitat associations.
(iii) Data stewardship and analyses.--
(I) In general.--The Administrator
shall ensure the results and analyses
under this subsection are publicly
accessible, usable, and directly
applicable to better understanding
Alaska origin salmon migrations and
distributions, and to reduce bycatch in
the Bering Sea, Aleutian Islands, and
Gulf of Alaska.
(II) Methods.--In carrying out all
analyses under this subsection, the
Administrator, in consultation with the
Bycatch Reduction Task Force and
applicable public-private partnerships
described under subparagraph (A), shall
use modern analytical methods that may
include machine learning or artificial
intelligence for predictive modeling,
to the extent practicable.
(III) Public availability.--All--
(aa) methods and models
used to carry out this
subsection shall be publicly
available and accessible for
use in peer-reviewed venues or
technical reports and shall
include all algorithms and
analytical code; and
(bb) developed or produced
tools, guides, visualizations,
or decision-support products
used to carry out this
subsection shall be made
publicly available and usable.
(IV) Open standards.--All satellite
tagging data collected under this
subsection shall abide by open data
standards and be deposited in publicly
accessible repositories (such as the
Ocean Tracking Network or the Animal
Telemetry Network) using standardized
formats.
(D) Inapplicability of federal advisory committee
act.--Chapter 10 of title 5, United States Code
(commonly known as the ``Federal Advisory Committee
Act''), shall not apply to the partnerships described
in subparagraph (A).
(2) Genetic sampling grant program.--The Administrator
shall conduct a competitive grant program to support improving
the turnaround time of genetic analyses of biological samples
collected at-sea or shoreside to provide real-time or near-
real-time, in-season genetic stock identification, and age
composition estimates of Alaska origin salmon caught
incidentally in commercial fisheries conducted in the exclusive
economic zone (as defined in section 3 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1802) off
Alaska).
(3) Reporting.--Not later than 3 years after the date of
enactment of this Act, the Administrator shall publish a
report--
(A) on the findings of the salmon tagging research
conducted under paragraph (1) and the findings of the
genetic analyses grant program conducted under
paragraph (2) that details how the salmon tagging
research and genetic analyses can better inform Alaska
origin salmon stock status and distributions; and
(B) that includes potential uses of artificial
intelligence or machine learning technology to perform
predictive modeling to inform potential Alaska salmon
bycatch avoidance areas.
(c) Ecosystem Analyses.--
(1) In general.--The Administrator shall conduct--
(A) research, through studies and models that
incorporate existing data, literature, and ongoing
research, including relevant international data and
research from comparable marine ecosystems, of how
contact from nonpelagic trawl and pelagic trawl gear
impact shallow shelves or other marine benthic habitats
in the Bering Sea, Aleutian Islands, and Gulf of
Alaska;
(B) a review of existing data, literature, and
ongoing research efforts on fluctuations in Bering Sea,
Aleutian Islands, and Gulf of Alaska marine ecosystems
that may affect the survivability or energetic
condition of commercially or culturally important wild
marine and anadromous species, including examining--
(i) harmful algal blooms;
(ii) marine heatwaves;
(iii) in-river temperatures;
(iv) sea ice extent and thickness;
(v) ocean acidification;
(vi) diseases;
(vii) nutrient or prey availability;
(viii) density dependence;
(ix) shifting stock distributions;
(x) carrying capacity;
(xi) impacts from hatchery released
species, with particular attention to foreign
hatchery releases; and
(xii) predator-prey interactions; and
(C) new research, using the review of data,
literature, and ongoing research efforts under
subparagraph (B), to prioritize data collection that
support conservation of commercially or culturally
important wild marine and anadromous species.
(2) Diverse group involvement.--In conducting research
under paragraph (1), the Administrator shall--
(A) enter into public-private partnerships with
relevant entities, such as State agencies, nonprofit
organizations, institutions of higher education (as
defined in section 101(a) of the Higher Education Act
of 1965 (20 U.S.C. 1001(a))), and Indian Tribes or
Tribal organizations (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304)); and
(B) involve a diverse group of experts in
commercially or culturally important wild marine and
anadromous species, including Alaska Natives, fishing
industry representatives, commercial fishermen, and
individuals who possess personal knowledge of, and
direct experience with, subsistence uses in Alaska.
(3) Data stewardship and analyses.--
(A) In general.--The Administrator shall ensure the
results and literature review analyses under this
subsection are publicly accessible, usable, and
directly applicable to the research conducted under
this subsection.
(B) Methods.--In carrying out all analyses under
this subsection, the Administrator, in consultation
with the Bycatch Reduction Task Force and applicable
public-private partnerships described under
subparagraph (2) shall use modern analytical methods
that may include machine learning or artificial
intelligence for predictive modeling, to the extent
practicable.
(C) Public availability.--All--
(i) methods and models used to carry out
this subsection shall be publicly available and
accessible for use in peer-reviewed venues or
technical reports and shall include all
algorithms and analytical code; and
(ii) developed or produced tools, guides,
visualizations, or decision-support products
used to carry out this subsection shall be made
publicly available and usable.
(D) Open standards.--All newly produced ecosystem
data collected under this subsection shall abide by
open data standards and be deposited in publicly
accessible repositories using standardized formats.
(4) Juvenile recruitment of species.--As part of the
essential fish habitat (EFH) review, the North Pacific Fishery
Management Council shall analyze areas closed to 1 or more
commercial fishing gear types that overlap with habitats that
support juvenile recruitment of important commercial,
subsistence, or recreational species. The review shall include
an evaluation of the potential benefits associated with such
closures, and whether these habitat closure areas should be
expanded to other commercial fishing gear types.
(d) Reports.--
(1) In general.--The Administrator shall publish interim
annual reports and a final report (not later than 3 years after
the date of enactment of this Act)--
(A) on findings and results of the research and
literature review analyses conducted under subsection
(c)(1) and the status of milestones reached for all
research initiatives under this section;
(B) on the results from the salmon tagging and
genetic sampling research under subsection (b),
including modeled Alaska origin salmon migration routes
and potential applications to inform how best to
minimize Alaska salmon bycatch; and
(C) that includes results from the ecosystem
analyses under subsection (c).
(2) Recommendations; findings.--The reports described under
paragraph (1) shall include--
(A) descriptions of explicit mechanisms to connect
research outputs to management processes through
research products that document specific examples of
how research findings are being incorporated into
management decisions, fishery regulations, or industry
practices;
(B) recommendations to the North Pacific Fishery
Management Council on creating feedback loops that
ensure collaboration through establishing regular
workshops or working groups that bring together
researchers, managers, industry representatives, and
fishermen to coordinate research efforts and share
findings related to bycatch reduction;
(C) recommendations for applying the results from
the ecosystem analyses review to model potential
impacts on commercially or culturally important wild
marine and anadromous species in the Bering Sea,
Aleutian Islands, and Gulf of Alaska to support
informed management actions; and
(D) other findings and recommendations for future
work under this section.
SEC. 7. PROHIBITING UNSUSTAINABLE FOREIGN SEAFOOD IMPORTS.
(a) Definitions.--In this section:
(1) Beneficial owner.--The term ``beneficial owner'' means,
with respect to a vessel, a person that directly or indirectly,
through any contract, arrangement, understanding, relationship,
or otherwise--
(A) exercises substantial control over the vessel;
or
(B) owns not less than 50 percent of the ownership
interests of the vessel.
(2) Foreign vessel.--The term ``foreign vessel'' has the
meaning given the term in section 110 of title 46, United
States Code.
(3) Seafood.--The term ``seafood'' means fish, shellfish,
or other aquatic animal life intended for human consumption,
whether fresh, frozen, canned, smoked, prepared, or otherwise
processed.
(b) Prohibition.--It is prohibited for any person in the United
States to enter into or facilitate, directly or indirectly, any
transaction related to the importation, procurement, or selling of
seafood from a foreign vessel or beneficial owner of a foreign vessel
unless the Secretary of Commerce determines that the fishery from which
the seafood originates harvests fish in a way that is comparable to the
national standards for fishery conservation and management under the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.).
(c) Seizure.--Any seafood in the possession of a person that
violates the prohibition described in subsection (b) shall be seized by
the Secretary of Commerce.
(d) Disposal of Seafood.--The Secretary of Commerce shall determine
how to dispose of any seafood seized under subsection (c).
SEC. 8. BUILDING INFRASTRUCTURE TO SUPPORT CLEANER FISHING GEAR AND
INNOVATIVE TECHNOLOGY.
(a) In General.--The Administrator shall enter into a public-
private partnership to build a flume tank for the National Oceanic and
Atmospheric Administration, the fishing industry, and other researchers
to test technology and improved fishing gear aimed at reducing bycatch
and contact with Bering Sea, Aleutian Islands, and Gulf of Alaska
marine benthic habitats.
(b) Flume Tank Assistance Fund.--The Administrator shall establish
a Flume Tank Assistance Fund to provide grants or other financial
assistance to support entities that wish to test their innovative
technology, including approaches that support prototype development and
associated devices, instruments, sensors, or fishing gear designs aimed
at reducing bycatch in fisheries and contact with Bering Sea, Aleutian
Islands, and Gulf of Alaska marine benthic habitat from mobile or fixed
fishing gear, including workforce and training programs on such
technology or gear.
SEC. 9. MODERNIZING FISHERIES MONITORING AND IMPROVING OBSERVER PROGRAM
TRANSPARENCY.
(a) Electronic Monitoring and Reporting.--The Administrator shall--
(1) create a timeline and process for reviewing and
approving exempted fishing permits in Federally managed North
Pacific fisheries to support innovative fishing gear types and
technology for reducing bycatch, unobserved fishing mortality,
and reducing marine habitat disturbances, including
streamlining exempted fishing permits for fishermen and owners
and operators of commercial fishing vessels who purchase or
modify fishing gear, equipment, or technology with financial
assistance provided under the Bycatch Mitigation and Habitat
Protection Assistance Fund, established under section 322 of
the Magnuson-Stevens Fishery Conservation and Management Act,
if approving such permits does not interfere with fishery
conservation objectives;
(2) streamline the approval process for experimental or
exempted fishing permits used in Federally managed North
Pacific fisheries for electronic monitoring pilot projects,
including owners and operators of commercial fishing vessels
who purchase or utilize low-cost commercially available
electronic monitoring solutions, if approving such permits does
not interfere with fishery conservation objectives;
(3) facilitate cooperative research programs and regional
pilot frameworks;
(4) conduct a public stakeholder consultation process not
less often than once every 3 years, which shall include public
notice, listening sessions, a written comment period of not
less than 60 days, and solicit input from stakeholders,
including service providers, regional fishery management
councils, fishery industry participants, and data scientists,
on--
(A) revisions to electronic monitoring and
electronic reporting technical standards or operational
guidance;
(B) improvements to cost-effectiveness or
usability; and
(C) barriers to electronic monitoring adoption,
particularly among small-scale fleets; and
(5) provide a data integration strategy that--
(A) incorporates electronic monitoring data
directly into regional science center workflows and
stock assessment models;
(B) reduces latency between data collection and
management application; and
(C) supports the development of interoperable
databases that facilitate real-time or near-real-time
analysis and decision-making.
(b) Transparency.--The Administrator shall--
(1) require the regional offices of the National Marine
Fisheries Service to publish, online and in layman's terms, up-
to-date observer coverage category requirements for Federal
trawl fisheries specifying the Federal fishery under their
jurisdiction, including prohibited species catch (bycatch) for
each observer program category; and
(2) ensure that the National Marine Fisheries Service
develops and disseminates, in print and for online
distribution, public communications materials that clearly
explain bycatch in Federal fisheries under its jurisdiction,
using accessible, layman's terminology and graphics.
(c) Reporting.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Administrator shall publish a report
on how the National Oceanic and Atmospheric Administration and
Regional Fishery Management Councils can improve and integrate
the use of observer and electronic monitoring data to better
inform spatio-temporal fishing activity and impacts to
harvested and incidentally harvested populations, while
ensuring the protection of confidential information.
(2) Report to congress.--The Administrator shall submit a
report to Congress and publish the report on the National
Oceanic and Atmospheric Administration's website that includes
the data integration strategy for increasing data review
efficiency and uniformity described in subsection (a)(5). The
report shall include a summary of the feedback received during
public stakeholder consultation described in subsection (a)(4).
(3) Recommendations.--The reports required under paragraphs
(1) and (2) shall include recommendations--
(A) for the use of any technologies identified as
effective for sharing real-time, or near-real-time,
catch information to identify bycatch hotspots and
bycatch avoidance areas; and
(B) to minimize bycatch and unobserved fishing
mortality of commercially or culturally important wild
marine and anadromous species in the Bering Sea,
Aleutian Islands, and Gulf of Alaska, such as Pacific
halibut, Alaska crab species, and Alaska-origin salmon.
SEC. 10. INVESTING IN CLEANER FISHING GEAR AND HEALTHY SEAFLOOR
HABITATS.
(a) Reauthorization of the NOAA National Marine Fisheries Service
Bycatch Reduction Engineering Program.--Section 316 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1865) is
amended--
(1) by redesignating subsections (a), (b), (c), and (d), as
subsections (b), (c), (d), and (e), respectively;
(2) by inserting before subsection (b), as so redesignated,
the following:
``(a) Purpose.--The purpose of the bycatch reduction program
established under subsection (b) is to develop technological devices
and other conservation engineering changes to improve fishing practices
and minimize bycatch, seabird interactions, bycatch mortality,
unobserved fishing mortality, and post-release mortality in Federally
managed fisheries.''; and
(3) by adding at the end the following:
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $10,000,000 for
each of fiscal years 2027 through 2031.''.
(b) Bycatch Mitigation and Habitat Protection Assistance Fund.--
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. 322. BYCATCH MITIGATION AND HABITAT PROTECTION ASSISTANCE FUND.
``(a) In General.--There is established in the general fund of the
Treasury of the United States an account to be known as the `Bycatch
Mitigation and Habitat Protection Assistance Fund', which shall--
``(1) be administered by the Foundation; and
``(2) consist of donations of amounts accepted pursuant to
subsection (c).
``(b) Use.--The Foundation shall use the amounts in the Fund to
reduce or mitigate bycatch, and reduce marine benthic habitat contact
from mobile or fixed fishing gear, including by providing financial
assistance to fishing industry organizations, associations, fishermen
and owners and operators of commercial fishing vessels to purchase or
modify fishing gear, equipment, and technology, including innovative
technology, prototypes, instruments, or sensors.
``(c) Donations.--The Foundation may solicit and accept donations
of amounts for deposit into the Fund.
``(d) Consultation.--In administering the Fund, the Foundation
shall consult with the Secretary, acting through the Administrator of
the National Oceanic and Atmospheric Administration, each Council, and
each of the regional offices and science centers of the National Marine
Fisheries Service to ensure that, to the maximum extent practicable,
amounts in the Fund are used in an efficient and cost-effective manner.
``(e) Report.--Not later than 3 years after the date of enactment
of this section, and biennially thereafter, the Foundation shall
publish and post online in a manner available to the public information
regarding the use of the Fund during--
``(1) with respect to the first publication of information,
the preceding 3 years; and
``(2) with respect to each subsequent publication of
information, the preceding 2 years.
``(f) Definitions.--In this section:
``(1) Foundation.--The term `Foundation' means the National
Fish and Wildlife Foundation.
``(2) Fund.--The term `Fund' means the Bycatch Mitigation
and Habitat Protection Assistance Fund established under
subsection (a).''.
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