[Congressional Record Volume 167, Number 158 (Tuesday, September 14, 2021)]
[Senate]
[Pages S6480-S6481]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            DRIFTNET MODERNIZATION AND BYCATCH REDUCTION ACT

  Mr. SCHUMER. Mr. President, I ask unanimous consent that the 
Committee on Commerce, Science, and Transportation be discharged from 
further consideration of S. 273, and the Senate proceed to its 
immediate consideration.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 273) to improve the management of driftnet 
     fishing.

  There being no objection, the committee was discharged and the Senate 
proceeded to consider the bill.
  Mr. SCHUMER. I ask unanimous consent that the Feinstein amendment be 
considered and agreed to.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The amendment (No. 3827) was agreed to as follows:

                 (Purpose: To amend the fees provision)

       In section 6(b), strike ``, without appropriation or fiscal 
     year limitation,''.
       At the end of section 6, add the following:
       (c) Limitation on Collection and Availability.--Fees shall 
     be collected and available pursuant to this section only to 
     the extent and in such amounts as provided in advance in 
     appropriations Acts, subject to subsection (d).
       (d) Fee Collected During Start-up Period.--Notwithstanding 
     subsection (c), fees may be collected through the date of 
     enactment of an Act making appropriations for the activities 
     authorized under this Act through September 30, 2022, and 
     shall be available for obligation and remain available until 
     expended.
  Mr. SCHUMER. I ask unanimous consent that the bill be considered read 
a third time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill, as amended, was ordered to be engrossed for a third reading 
and was read the third time.

[[Page S6481]]

  

  Mr. SCHUMER. I know of no further debate on the bill, as amended.
  The PRESIDING OFFICER. Is there any further debate?
  If not, and the bill having been read the third time, the question 
is, Shall the bill pass?
  The bill (S. 273), as amended, was passed, as follows:

                                 S. 273

       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 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).
       (c) Limitation on Collection and Availability.--Fees shall 
     be collected and available pursuant to this section only to 
     the extent and in such amounts as provided in advance in 
     appropriations Acts, subject to subsection (d).
       (d) Fee Collected During Start-up Period.--Notwithstanding 
     subsection (c), fees may be collected through the date of 
     enactment of an Act making appropriations for the activities 
     authorized under this Act through September 30, 2022, and 
     shall be available for obligation and remain available until 
     expended.
  Mr. SCHUMER. Mr. President, I further ask unanimous consent that the 
motion to reconsider be considered made and laid upon the table with no 
intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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