[Congressional Record Volume 167, Number 191 (Monday, November 1, 2021)]
[Senate]
[Pages S7547-S7548]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4083. Mrs. FEINSTEIN (for herself and Mr. Padilla) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. __. IMPROVING THE MANAGEMENT OF DRIFTNET FISHING.

       (a) Short Title.--This section may be cited as the 
     ``Driftnet Modernization and Bycatch Reduction Act''.
       (b) 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''.
       (c) Findings and Policy.--
       (1) Findings.--Section 206(b) of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1826(b)) 
     is amended--
       (A) in paragraph (6), by striking ``and'' at the end;
       (B) in paragraph (7), by striking the period and inserting 
     ``; and''; and
       (C) 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.''.
       (2) Policy.--Section 206(c) of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1826(c)) is 
     amended--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(4) prioritize the phase out of large-scale driftnet 
     fishing in the exclusive economic

[[Page S7548]]

     zone and promote the development and adoption of alternative 
     fishing methods and gear types that minimize the incidental 
     catch of living marine resources.''.
       (d) 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.''.
       (e) 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''.
       (f) Fees.--
       (1) 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).
       (2) Use of fees.--Any fees collected under this subsection 
     shall be available for the purposes of--
       (A) financing administrative costs of the Recreational 
     Quota Entity program;
       (B) 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);
       (C) halibut conservation and research; and
       (D) 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).
       (3) Limitation on collection and availability.--Fees shall 
     be collected and available pursuant to this subsection only 
     to the extent and in such amounts as provided in advance in 
     appropriations Acts, subject to paragraph (4).
       (4) Fee collected during start-up period.--Notwithstanding 
     paragraph (3), 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.
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