[Congressional Record Volume 166, Number 171 (Thursday, October 1, 2020)]
[House]
[Pages H5176-H5178]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




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

  Mrs. DINGELL. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5126) to require individuals fishing for Gulf reef fish to 
use certain descending devices, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5126

       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 ``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. 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 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) 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) 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) in section 308(a), by striking ``or section 321''; and
       (3) by striking section 321.

     SEC. 4. 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 and produce a report on discard mortality in the Gulf 
     of Mexico reef fish fisheries. 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) 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) 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) 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 Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Michigan (Mrs. Dingell) and the gentleman from Louisiana (Mr. Graves) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from Michigan.


                             General Leave

  Mrs. DINGELL. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on the measure under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Michigan?
  There was no objection.
  Mrs. DINGELL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 5126, the creatively and aptly 
named Direct Enhancement of Snapper Conservation and the Economy 
Through Novel Devices Act, or the DESCEND Act.
  This bill requires every commercial and recreational fisherman to 
possess a venting tool or a descending device

[[Page H5177]]

when fishing for reef fish, like the prized red snapper, in the Gulf of 
Mexico EEZ.
  In addition, the bill requires the Department of Commerce to contract 
with the National Academy of Sciences for a report on discard mortality 
in Gulf reef fish fisheries.
  The bill also requires Commerce and the Gulf Fishery Management 
Council to develop guidance for reporting discards and associated 
mortality and to develop a plan to assess the effectiveness and usage 
of barotrauma-reducing devices.

                              {time}  1515

  The United States has some of the most sustainable fisheries in the 
world, but the issue of bycatch is still a very serious concern. 
Anglers sometimes catch fish that they don't want or are allowed to 
keep, so they need to be returned to the ocean. According to some 
estimates, global bycatch may amount to 10 percent of the world's total 
catch.
  However, deepwater reef fish like snapper and grouper experience 
pressure changes when they are brought to the surface. This can damage 
the fish's swim bladder and even cause death, and it can also leave 
injured fish exposed to predators at the surface. If the fish are just 
thrown back, it is very likely that they will die, which is both a 
waste and unhelpful for promoting healthy fish populations.
  Fishers can help reduce this mortality by using a venting tool or a 
descending device, which is inexpensive, and ease the pressure changes 
in these fish. Similar requirements exist in other parts of the country 
but have been held up in the Gulf.
  The DESCEND Act would get around the bureaucratic roadblock and 
implement this commonsense, proconservation practice. This bill offers 
a simple path forward for reducing the mortality of some of the most 
prized reef fish in this country, which will serve to create the more 
sustainable, profitable, and enjoyable fisheries for anglers in this 
Nation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GRAVES of Louisiana. Mr. Speaker, I yield myself such time as I 
may consume.
  I thank my friend from Michigan, and I want to thank Chairman 
Grijalva and Ranking Member Bishop for their work on this legislation, 
the DESCEND Act.
  Mr. Speaker, years ago, the Federal Government tried to tell our 
communities--all of us grew up fishing and, many, for sustenance and 
for recreation. It is our outdoors. The Federal Government told us that 
we would only get 3 to 9 days to fish for red snapper.
  Mr. Speaker, when I was a kid, we did it year-round. That is our 
recreation. As much as I would love to have them, we don't have 
mountains and the other recreational opportunities that go along with 
those types of elevation changes.
  I will say it again: Fishing is our outdoors. It is what we do at 
home, and that was being taken away from us.
  Congressman Huffman from California and I will tell you, Mr. Speaker, 
we totally disagreed on the solution there. He and I butted heads for 
years trying to work through a solution. On this bill, my most-of-the-
time friend Mr. Huffman and I are in lockstep. We are joined as 
cosponsors on this bill and are moving this one together because we 
believe this is the right solution, as you heard Mrs. Dingell just 
explain.
  What happens is that we do have a season on red snapper. You can only 
fish for a certain number of days a year, yet you can't tell which fish 
is going to bite your line when it is down under the water.
  Red snapper spend the majority of their life at 100 feet or below. 
They have a swim bladder, as was explained, that operates somewhat like 
a ballast and allows them to stay at certain depths. When they are 
caught and reeled in, they are brought up too fast. The ballast does 
not exhaust, and, therefore, you have a fish that cannot go back down.
  They have technologies, Mr. Speaker, as simple as ones like this, a 
descending device like this, where you can release the fish back down 
at the proper depth. They have venting tools that look like a fortified 
straw that also can help release the pressure. They are very easy tools 
to use.
  Mr. Speaker, we are talking about 2\1/2\ million fish every 5 years 
that are discarded or lost. If we are having conflicts between 
recreational and commercial fishers in terms of the access to the 
fisheries, the pounds, the days, and we are discarding 2\1/2\ million 
fish every 5 years, it is a huge opportunity for us to actually grow 
the pie, and, as my friend from Michigan (Mrs. Dingell) stated, to 
actually ensure the sustainability of these fisheries not just for us, 
but for our children and grandchildren for generations to come. It is a 
better management tool, and it is successfully used in other areas.
  This legislation would provide for the use of descending and venting 
tools as well as freeing up additional research dollars associated with 
red snapper and descending tool use and the further management of the 
fisheries.
  So I want to thank, again, Chairman Grijalva and Ranking Member 
Bishop for their work. I want to thank Bill Ball, Christine Sur, Lora 
Snyder, and all the staff that did a great job working on this, as well 
as Dustin Davidson in our office.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. DINGELL. Mr. Speaker, I have no further requests for time, and I 
would inquire whether my colleague has any remaining speakers.
  Mr. GRAVES of Louisiana. Mr. Speaker, I yield 3 minutes to the 
gentleman from Georgia (Mr. Carter).
  Mr. CARTER of Georgia. Mr. Speaker, I thank the gentleman for 
yielding.
  Mr. Speaker, I thank my colleagues for allowing me the time to speak 
on an issue that is important to my district and something I want other 
parts of the country to benefit from as well.
  As you can see, Mr. Speaker, I know a thing or two about fishing. In 
fact, Mr. Speaker, it has been said that fish tremble at the mention of 
my name. Mr. Speaker, it has been said that, if you put me in water, I 
will catch fish.
  This is a red snapper. This is a red snapper. It was not caught on 
the Gulf Coast; it was caught on the Atlantic Coast. You see, Mr. 
Speaker, I represent the best district in the Nation, the entire coast 
of Georgia, and this was caught off the coast of Georgia.
  But in our district fishing, is not just a hobby, it is a way of 
life. In fact, it is an essential part of coastal economies. That is 
why it is critical that we maintain and manage our fisheries in a 
sustainable way.
  This bill that we are discussing today, the DESCEND Act, would help 
do just that by expanding mandatory use of descending devices in the 
Gulf of Mexico when fishing for popular reef fish. We use these devices 
on the Atlantic Coast now. In fact, I have used them before when I have 
fished.
  Reef fish, like red snapper that you see here, are very popular fish 
to fish for, but they are mostly caught, as was pointed out earlier, 
near the bottom of the ocean, and often they must be released because 
they are out of season or because of size restrictions.
  Unfortunately, though, when they are reeled to the surface, as 
Representative Graves so accurately described, when they are reeled to 
the surface, the decreased water pressure on the fish's internal organs 
allow for gases to expands faster than their bodies can compensate. 
This makes it nearly impossible for the fish to return to the bottom, 
where their organs can function normally, resulting in the death of the 
fish that are caught and released.
  Descending devices like was shown earlier by Representative Graves 
fix this issue by releasing the fish into depths sufficient enough for 
the fish to be able to recover from these damaging effects. This is an 
effective conservation practice supported by fishermen and regulators 
alike, and it has been successful in places like my district along the 
coast of Georgia in the south Atlantic and the West Coast.
  I support this effort to bring this to the Gulf Coast, and I urge my 
colleagues to as well. It is a simple and effective approach to improve 
the survival of fish that are caught and released that will help 
maintain healthy populations going forward.
  Mr. Speaker, we want to help our partners in the Gulf Coast so that 
perhaps, possibly, they could catch a fish this big, and certainly that 
is the intent, and this will certainly help them.
  Mrs. DINGELL. I am prepared to close if the gentleman is, Mr. 
Speaker.
  Mr. GRAVES of Louisiana. Mr. Speaker, I yield myself the balance of 
my time.

[[Page H5178]]

  I want to thank my friend from Georgia. I appreciate him bringing 
that cute little picture of the fish for us to see the size. Of course, 
that fish was actually born in Louisiana and swam over there.
  I did notice, Mr. Speaker, in the picture, my friend from Georgia 
appeared to be more slim than he is today, and so my explanation 
earlier of the swim bladder, perhaps my friend from Georgia's swim 
bladder is a little elevated right now from not being able to go to the 
gym.
  In any case, Mr. Speaker, I do seriously want to thank my friend from 
Georgia, all the Republicans and Democrats, and Mr. Wittman from 
Virginia, everyone, for coming together and working on this 
legislation.
  Mr. Speaker, I include in the Record a letter from the American 
Sportfishing Association, Angler Action Association, BoatUS, Center for 
Sportfishing Policy, Coastal Conservation Association, Congressional 
Sportsmen's Foundation, Guy Harvey Ocean Foundation, International Game 
Fish Association, Marine Retailers Association of the Americas, 
National Marine Manufacturers Association, Theodore Roosevelt 
Conservation Partnership, and Wild Oceans that expresses support for 
the legislation.
                                               September 29, 2020.
     Hon. Nancy Pelosi,
     Speaker of the House,
     Washington, DC.
     Hon. Kevin McCarthy,
     Republican Leader of the House,
     Washington, DC.
       Dear Speaker Pelosi and Republican Leader McCarthy: On 
     behalf of the nation's recreational fishing and boating 
     community, thank you for bringing H.R. 5126, Direct 
     Enhancement of Snapper Conservation and the Economy through 
     Novel Devices Act of 2020 (DESCEND Act), to the floor of the 
     U.S. House of Representatives. The DESCEND Act unanimously 
     passed the Committee on Natural Resources on March 11. We 
     urge final passage of this bill sponsored by Congressmen 
     Garret Graves (R-La.) and Jared Huffman (D-Calif.) and thank 
     them for their leadership in support of Gulf of Mexico reef 
     fish conservation.
       The Gulf of Mexico's recreational fisheries contribute 
     $13.5 billion to the economy annually and support 138,817 
     jobs. The region's recreational fishing community is 
     comprised of 2.6 million saltwater anglers and thousands of 
     fishing-dependent businesses who strongly support healthy 
     marine resources. Part of this commitment to conservation 
     includes minimizing bycatch and maximizing survival of 
     released fish to ensure the health of our fisheries for 
     generations to come.
       Red snapper and other reef fish are often thrown overboard 
     for a variety of reasons (e.g., being caught out of season or 
     undersized). Due to the rapid change in pressure from being 
     brought to the surface from depth many of these fish cannot 
     swim back down and end up dying at the surface. As a result, 
     hundreds of thousands of Gulf red snapper are wasted each 
     year. This is an economic and conservation travesty. 
     Unfortunately, a bureaucratic roadblock related to an 
     important oil spill recovery-funded project has prevented 
     regulation from moving forward at the Gulf of Mexico Fishery 
     Management Council that would address this problem.
       For fisheries as important and valuable as Gulf reef fish, 
     we should be doing everything we can to conserve these fish 
     stocks. By requiring reef fish fishermen in the Gulf of 
     Mexico to possess devices that help fish avoid the fatal 
     effects of barotrauma, and by clarifying that oil spill 
     recovery funds can be used for related projects, the DESCEND 
     Act would be a tremendous step toward reducing wasteful 
     discard mortality and ensuring the sustainability of the 
     iconic Gulf red snapper and other reef fish. Furthermore, it 
     would align Gulf regulations with several West Coast states 
     and South Atlantic federal waters where descending devices 
     are required on board.
       We are grateful for the many victories during this Congress 
     benefiting natural resource conservation, and we hope you 
     will add to that legacy by passing the science-based 
     conservation measures included in the DESCEND Act.
           Sincerely,
       American Sportfishing Association, Angler Action 
     Foundation, BoatU.S., Center for Sportfishing Policy, Coastal 
     Conservation Association, Congressional Sportsmen's 
     Foundation.
       Guy Harvey Ocean Foundation, International Game Fish 
     Association, Marine Retailers Association of the Americas, 
     National Marine Manufacturers Association, Theodore Roosevelt 
     Conservation Partnership, Wild Oceans.

  Mr. GRAVES of Louisiana. Lastly, Mr. Speaker, I want to thank a 
number of people who were really instrumental in helping us to strike 
this bipartisan balance: Mike Leonard with the American Sportfishing 
Association; Cmac, with the Theodore Roosevelt Conservation 
Partnership; David Cresson and Rad Trascher with the Coastal 
Conservation Association; and Jeff Angers with the Center for 
Sportsfishing Policy.
  Mr. Speaker, I urge adoption of the legislation, and I yield back the 
balance of my time.
  Mrs. DINGELL. Mr. Speaker, I yield myself the balance of my time.
  I want to thank my colleague, Mr. Graves, for all of the work that he 
has done.
  There was a lot of discussion that we had in committee on snapper. I 
want to thank both of my Republican colleagues and suggest that we go 
fishing, because there was a trip with several colleagues here who all 
thought I would catch nothing, and I caught more than they all caught 
together, so I think we need a bipartisan fishing trip.
  Having said that, Mr. Speaker, I would like to thank all of, again, 
the leadership of the Natural Resources Committee, the sportsmen's 
groups, and everybody who worked on this to try to find consensus on 
something that does matter.
  The DESCEND Act will help safeguard our reef ecosystems and help 
eliminate bycatch in a sustainable way.
  I thank my colleagues for the good work. Some of it got tense. I also 
want to thank Representative Huffman for his work on the bill.
  Mr. Speaker, I urge my colleagues to support this legislation, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Michigan (Mrs. Dingell) that the House suspend the 
rules and pass the bill, H.R. 5126, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________