[House Report 116-531]
[From the U.S. Government Publishing Office]


116th Congress    }                                    {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                    {       116-531

======================================================================



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

                                _______
                                

 September 24, 2020.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 5126]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 5126) to require individuals fishing for Gulf 
reef fish to use certain descending devices, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill as amended do 
pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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 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 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.--Within 60 days of the date of 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. Such 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) Deadline.--The National Academy of Sciences shall complete the 
study described in subsection (a) and transmit the final report to the 
Secretary within 2 years of the date of enactment of this Act. The 
Secretary shall, within 3 months of receiving such study and report, 
submit such study and report in (a) to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Natural 
Resources of the House of Representatives.
  (c) Plan.--Within 1 year of receiving the study and report in 
described in subsection (a), the Gulf of Mexico Fishery Management 
Council and the Secretary shall--
          (1) develop guidance for minimum standards for quantifying 
        and reporting discards and associated mortality in the Gulf of 
        Mexico Reef Fish Fishery Management Plan; and
          (2) develop 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.--Within 3 years of developing minimum standards 
and developing the assessment and monitoring plan in 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.

                          Purpose of the Bill

    The purpose of H.R. 5126 is to require individuals fishing 
for Gulf reef fish to use certain descending devices, and for 
other purposes.

                Background and Need for the Legislation

    Many marine reef fish, such as snapper and grouper, 
regulate their buoyancy with a gas-filled swim bladder that 
allows them to maintain a certain depth in the water column. 
When a fish is brought to the surface too quickly after being 
caught by hook and line, gas in the swim bladder expands as the 
water pressure around the fish decreases, causing injury, or 
barotrauma, to the fish. If the swim bladders rupture, the fish 
are unable to regulate their buoyancy, cannot swim back down in 
the water column, and may die from exposure or predation near 
the surface.\1\
---------------------------------------------------------------------------
    \1\A Guide to Releasing Reef Fish Suffering from Barotrauma, FL. 
Sea Grant, https://www.flseagrant.org/fisheries/venting/ (last visited 
on Sept. 8, 2020).
---------------------------------------------------------------------------
    Two tools can help these fish return to depth safely: 
venting tools and descending devices. A venting tool is a 
sharpened hollow instrument, such as a modified hypodermic 
needle, that is used to puncture the fish's body cavity and 
allow the gases from the ruptured swim bladder to release and 
internal organs to return to normal positions. Venting tools 
are inexpensive at approximately $9.00 to $17.00 and require 
``little or no preparation to use.''\2\ Descending devices cost 
between $5.00 to $60.00 and allow a fish to descend back to 
depth and recompress naturally. These may include weighted 
hooks, lip clamps, or boxes that hold the fish and either 
release automatically, allow the fish to escape on its own, or 
require action by the operator of the device. Surface-released 
fish are three times as likely to die as descended fish and 1.9 
times as likely to die as vented fish.\3\
---------------------------------------------------------------------------
    \2\Gulf of Mex. Fishery Mgmt. Council, Possessing Venting Tools and 
Descending Devices When Fishing for Reef Fish 6 (2017), http://
gulfcouncil.org/wp-content/uploads/E-5-September-Options-Paper-for-
Venting-Tools-and-Descending-Devices.pdf.
    \3\Judson M. Curtis, Matthew W. Johnson, Sandra L. Diamond & 
Gregory W. Stunz, Quantifying Delayed Mortality from Barotrauma 
Impairment in Discarded Red Snapper Using Acoustic Telemetry, 7(1) 
Marine & Coastal Fisheries 434, 440 (2015), https://doi.org/10.1080/
19425120.2015.1074968.
---------------------------------------------------------------------------
    The Gulf of Mexico Fishery Management Council (Gulf 
Council) implemented an amendment to the reef fishery 
management plan in 2008 requiring reef fishers to use venting 
tools to reduce mortality of released fish, but the amendment 
did not specify when venting should be used, resulting in 
overuse and unnecessarily vented fish. This amendment also 
precluded the use of descending devices, but it was repealed in 
2013.\4\
---------------------------------------------------------------------------
    \4\Gulf of Mex. Fishery Mgmt. Council, Policy on the Use of Venting 
Tools and Descending Devices 2-3 (2018), https://gulfcouncil.org/wp-
content/uploads/Gulf-Council-Policy-on-the-Use-of-Venting-Tools-and-
Descending-Devices.pdf.
---------------------------------------------------------------------------
    The Gulf Council currently strongly encourages the use of 
descending devices or venting tools as appropriate for snapper, 
grouper, and other reef fish, but does not require their 
use.\5\ In April of 2017, the Gulf Council passed a motion to 
instruct staff to develop an action plan to require either 
descending devices or venting tools on board vessels possessing 
reef fish to reduce discard mortality. The South Atlantic 
Fishery Management Council approved an amendment for review by 
the Secretary of Commerce in September of 2019 to require the 
use of descending devices on vessels that catch snapper and 
grouper. On June 15, 2020, the National Marine Fisheries 
Service (NOAA Fisheries) issued a final rule to implement the 
amendment, thereby requiring that descending devices be on 
board all commercial, charter vessels and headboats, and 
private recreational vessels in the South Atlantic region, but 
not the Gulf of Mexico region, while fishing for or possessing 
snapper and grouper specifically.\6\
---------------------------------------------------------------------------
    \5\Id. at 1.
    \6\Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery Off the Southern Atlantic Region; Regulatory 
Amendment 29, 85, Fed. Reg. 36,166 (June 15, 2020) (to be codified at 
50 C.F.R. Sec. 622.188(a)(4), https://www.govinfo.gov/content/pkg/FR-
2020-06-15/pdf/2020-11916.pdf.
---------------------------------------------------------------------------
    H.R. 5126 requires every commercial or recreational vessel 
engaged in fishing for Gulf reef fish more generally\7\ while 
in the Gulf of Mexico region to have on board a venting tool or 
descending device that is rigged and ready for use while 
fishing.
---------------------------------------------------------------------------
    \7\See Species Directory: Federally Managed Gulf of Mexico Reef 
Fish, NOAA Fisheries, https://www.fisheries.noaa.gov/species/federally-
managed-gulf-mexico-reef-fish (last visited Sept. 8, 2020).
---------------------------------------------------------------------------

                            Committee Action

    H.R. 5126 was introduced on November 15, 2019, by 
Representative Garret Graves (R-LA). The bill was referred 
solely to the Committee on Natural Resources, and within the 
Committee to the Subcommittee on Water, Oceans, and Wildlife. 
On January 14, 2020, the Subcommittee held a hearing on the 
bill. On March 11, 2020, the Natural Resources Committee met to 
consider the bill. The Subcommittee was discharged by unanimous 
consent. Chair Raul M. Grijalva (D-AZ) offered an amendment in 
the nature of a substitute. Chair Grijalva offered an amendment 
designated Grijalva #1 to the amendment in the nature of a 
substitute. The amendment was agreed to by unanimous consent. 
The amendment in the nature of a substitute, as amended, was 
agreed to by unanimous consent. The bill, as amended, was 
adopted and ordered favorably reported to the House of 
Representatives by unanimous consent.

                                Hearings

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress--the following hearing was used to develop or 
consider H.R. 5126: legislative hearing by the Subcommittee on 
Water, Oceans, and Wildlife held on January 14, 2020.

                      Section-by-Section Analysis


Section 1. Short title

Section 2. Sense of Congress

    This section expresses the sense of Congress that 
commercial and recreational fishers should use venting tools or 
descending devices to release fish exhibiting signs of 
barotrauma, and that the Secretary of Commerce and the Gulf of 
Mexico Fishery Management Council (Gulf Council) should develop 
educational materials on the proper use of such tools and 
outreach materials encouraging their use.

Section 3. Required possession of descending devices

    This section amends the Magnuson-Stevens Fishery 
Conservation and Management Act (MSA) to make it unlawful for a 
person on a commercial or recreational vessel to fish for reef 
fish in the Gulf of Mexico Exclusive Economic Zone (EEZ) 
without possessing a venting tool or a descending device that 
is rigged and ready for use while fishing. This requirement 
takes effect one year after enactment and expires four years 
after that.

Section 4. Improving discard mortality data

    This section directs the Secretary of Commerce to enter 
into an agreement with the National Academy of Sciences to 
conduct a study and produce a report on discard mortality in 
Gulf of Mexico reef fish fisheries, assessing gaps and biases 
in reporting of discards, uncertainty and likely impacts of 
such uncertainty, the effectiveness and usage rates of 
barotrauma-reducing devices, and providing recommendations for 
future research and standardization of reporting of discards. 
This section directs the Gulf Council and Secretary of Commerce 
to develop guidance for minimum standards for quantifying and 
reporting discards and associated mortality in the Gulf of 
Mexico Reef Fish Fishery Management Plan and to develop a plan 
to assess and monitor the effectiveness and usage of 
barotrauma-reducing devices.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      Compliance With House Rule XIII and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 25, 2020.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5126, the DESCEND 
Act of 2020.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    When people are fishing they often have to discard some of 
the fish they catch for various regulatory and economic 
reasons. Improperly discarding fish can harm them by causing 
barotrauma (injuries related to the rapid change in water 
pressure on their bodies), which can lead to increased 
mortality for the discarded fish. H.R. 5126 would make it 
unlawful to fish, commercially or recreationally, for reef fish 
in the Gulf of Mexico without a device to safely return 
discarded fish to the water at a depth sufficient for the fish 
to recover from barotrauma. The requirement would take effect 
one year after enactment and would lapse five years after 
enactment.
    H.R. 5126 would create new civil penalties for violating 
that requirement. Any fines collected under the bill would be 
recorded in the budget as revenues. CBO estimates that enacting 
the provision would result in an insignificant increase in 
revenues over the 2020-2030 period because few cases would 
likely be affected.
    The bill also would direct the National Oceanic and 
Atmospheric Administration (NOAA) and the National Academies of 
Science to study and report to the Congress on the mortality of 
discarded fish in the Gulf of Mexico reef fisheries. Following 
that study, NOAA and the Gulf of Mexico Fishery Management 
Council would be required to create new guidance for collecting 
information and monitoring the effectiveness of barotrauma 
reducing devices. Using information on the cost of similar 
studies, CBO estimates that implementing those requirements 
would cost less than $500,000 over the 2020-2025 period. Such 
spending would be subject to the availability of appropriated 
funds.
    H.R. 5126 would impose a private-sector mandate as defined 
in the Unfunded Mandates Reform Act (UMRA) by requiring 
commercial and recreational boats fishing for reef fish in the 
Gulf of Mexico Exclusive Economic Zone to have a device to 
safely return discarded fish to the water at an appropriate 
depth for survival. CBO estimates that the cost of complying 
with the mandate would not exceed the annual threshold 
established in UMRA for private-sector mandates ($168 million, 
in 2020, adjusted annually for inflation).
    Using data from NOAA and industry experts, CBO estimates 
that roughly 30,000 fishing vessels (commercial and 
recreational) would be required to have the devices on board. 
CBO estimates that the cost of complying with the requirement 
would total less than $2 million in the first year and less 
than that in subsequent years because only a small number of 
devices would probably need to be replaced in any single year.
    The bill would not impose intergovernmental mandates as 
defined in UMRA.
    The CBO staff contact for this estimate is Robert Reese 
(for federal costs) and Lilia Ledezma (for mandates). The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Director 
of Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to require individuals fishing for 
Gulf reef fish to use certain descending devices.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 Unfunded Mandates Reform Act Statement

    According to CBO, H.R. 5126 would impose a private-sector 
mandate as defined in the Unfunded Mandates Reform Act (UMRA) 
by requiring commercial and recreational boats fishing for reef 
fish in the Gulf of Mexico EEZ to have a device to safely 
return discarded fish to the water at an appropriate depth for 
survival. CBO estimates that the cost of complying with the 
mandate would not exceed the annual threshold established in 
UMRA for private-sector mandates ($168 million, in 2020, 
adjusted annually for inflation). According to CBO, the bill 
would not impose intergovernmental mandates as defined in UMRA. 
CBO's full analysis is reproduced above.

                           Existing Programs

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               Preemption of State, Local, or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

        MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this Act 
may be cited as the ``Magnuson-Stevens Fishery Conservation and 
Management Act''.

                            TABLE OF CONTENTS

Sec. 2. Findings, purposes, and policy.
     * * * * * * *

             TITLE III--NATIONAL FISHERY MANAGEMENT PROGRAM

Sec. 301. National standards for fishery conservation and management.
Sec. 302. Regional fishery management councils.
Sec. 303. Contents of fishery management plans.
Sec. 304. Action by the Secretary.
[Sec. 305. Implementation of fishery management plans.
[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. Effective date of certain provisions.
[Sec. 313. North Pacific fisheries research plan.
[Sec. 314. Northwest Atlantic Oceans Fisheries Reinvestment Program.
[Sec. 312. Transition to sustainable fisheries.
[Sec. 313. North Pacific fisheries conservation.
[Sec. 314. Northwest Atlantic Ocean fisheries reinvestment program.]
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.

           *       *       *       *       *       *       *


TITLE III--NATIONAL FISHERY MANAGEMENT PROGRAM

           *       *       *       *       *       *       *


SEC. 308. CIVIL PENALTIES AND PERMIT SANCTIONS.

  (a) Assessment of Penalty.--Any person who is found by the 
Secretary, after notice and an opportunity for a hearing in 
accordance with section 554 of title 5, United States Code, to 
have committed an act prohibited by section 307 or section 321 
shall be liable to the United States for a civil penalty. The 
amount of the civil penalty shall not exceed $100,000 for each 
violation. Each day of a continuing violation shall constitute 
a separate offense. The amount of such civil penalty shall be 
assessed by the Secretary, or his designee, by written notice. 
In determining the amount of such penalty, the Secretary shall 
take into account the nature, circumstances, extent, and 
gravity of the prohibited acts committed and, with respect to 
the violator, the degree of culpability, any history of prior 
offenses, and such other matters as justice may require. In 
assessing such penalty the Secretary may also consider any 
information provided by the violator relating to the ability of 
the violator to pay,Provided, That the information is served on 
the Secretary at least 30 days prior to an administrative 
hearing.
  (b) Review of Civil Penalty.--Any person against whom a civil 
penalty is assessed under subsection (a) or against whom a 
permit sanction is imposed under subsection (g) (other than a 
permit suspension for nonpayment of penalty or fine) may obtain 
review thereof in the United States district court for the 
appropriate district by filing a complaint against the 
Secretary in such court within 30 days from the date of such 
order. The Secretary shall promptly file in such court a 
certified copy of the record upon which such violation was 
found or such penalty imposed, as provided in section 2112 of 
title 28, United States Code. The findings and order of the 
Secretary shall be set aside by such court if they are not 
found to be supported by substantial evidence, as provided in 
section 706(2) of title 5, United States Code.
  (c) Action Upon Failure To Pay Assessment.--If any person 
fails to pay an assessment of a civil penalty after it has 
become a final and unappealable order, or after the appropriate 
court has entered final judgment in favor of the Secretary, the 
Secretary shall refer the matter to the Attorney General of the 
United States, who shall recover the amount assessed in any 
appropriate district court of the United States. In such 
action, the validity and appropriateness of the final order 
imposing the civil penalty shall not be subject to review.
  (d) In Rem Jurisdiction.--A fishing vessel (including its 
fishing gear, furniture, appurtenances, stores, and cargo) used 
in the commission of an act prohibited by section 307 shall be 
liable in rem for any civil penalty assessed for such violation 
under section 308 and may be proceeded against in any district 
court of the United States having jurisdiction thereof. Such 
penalty shall constitute a maritime lien on such vessel which 
may be recovered in an action in rem in the district court of 
the United States having jurisdiction over the vessel.
  (e) Compromise or Other Action by Secretary.--The Secretary 
may compromise, modify, or remit, with or without conditions, 
any civil penalty which is subject to imposition or which has 
been imposed under this section.
  (f) Subpenas.--For the purposes of conducting any hearing 
under this section, the Secretary may issue subpenas for the 
attendance and testimony of witnesses and the production of 
relevant papers, books, and documents, and may administer 
oaths. Witnesses summoned shall be paid the same fees and 
mileage that are paid to witnesses in the courts of the United 
States. In case of contempt or refusal to obey a subpena served 
upon any person pursuant to this subsection, the district court 
of the United States for any district in which such person is 
found, resides, or transacts business, upon application by the 
United States and after notice to such person, shall have 
jurisdiction to issue an order requiring such person to appear 
and give testimony before the Secretary or to appear and 
produce documents before the Secretary, or both, and any 
failure to obey such order of the court may be punished by such 
court as a contempt thereof.
  (g) Permit Sanctions.--(1) In any case in which (A) a vessel 
has been used in the commission of an act prohibited under 
section 307, (B) the owner or operator of a vessel or any other 
person who has been issued or has applied for a permit under 
this Act has acted in violation of section 307, (C) any amount 
in settlement of a civil forfeiture imposed on a vessel or 
other property, or any civil penalty or criminal fine imposed 
on a vessel or owner or operator of a vessel or any other 
person who has been issued or has applied for a permit under 
any marine resource law enforced by the Secretary has not been 
paid and is overdue, or (D) any payment required for observer 
services provided to or contracted by an owner or operator who 
has been issued a permit or applied for a permit under any 
marine resource law administered by the Secretary has not been 
paid and is overdue, the Secretary may--
                  
          (i) revoke any permit issued with respect to such 
        vessel or person, with or without prejudice to the 
        issuance of subsequent permits;
          (ii) suspend such permit for a period of time 
        considered by the Secretary to be appropriate;
          (iii) deny such permit; or
          (iv) impose additional conditions and restrictions on 
        any permit issued to or applied for by such vessel or 
        person under this Act and, with respect to foreign 
        fishing vessels, on the approved application of the 
        foreign nation involved and on any permit issued under 
        that application.
  (2) In imposing a sanction under this subsection, the 
Secretary shall take into account--
          (A) the nature, circumstances, extent, and gravity of 
        the prohibited acts for which the sanction is imposed; 
        and
          (B) with respect to the violator, the degree of 
        culpability, any history of prior offenses, and such 
        other matters as justice may require.
  (3) Transfer of ownership of a vessel, by sale or otherwise, 
shall not extinguish any permit sanction that is in effect or 
is pending at the time of transfer of ownership. Before 
executing the transfer of ownership of a vessel, by sale or 
otherwise, the owner shall disclose in writing to the 
prospective transferee the existence of any permit sanction 
that will be in effect or pending with respect to the vessel at 
the time of the transfer.
  (4) In the case of any permit that is suspended under this 
subsection for nonpayment of a civil penalty or criminal fine, 
the Secretary shall reinstate the permit upon payment of the 
penalty or fine and interest thereon at the prevailing rate.
  (5) No sanctions shall be imposed under this subsection 
unless there has been a prior opportunity for a hearing on the 
facts underlying the violation for which the sanction is 
imposed, either in conjunction with a civil penalty proceeding 
under this section or otherwise.
[Five years after the date of enactment of this Act, section 
3(e)(2) of H.R. 5126 (as reported) provides for an amendment to 
section 308(a) of the Magnuson-Stevens Fishery Conservation and 
Management Act. On such date, section 308(a) of such Act (as so 
amended by subsections (b) and (e)(2) of section 3 of H.R. 
5126, as reported) is amended as follows:]

SEC. 308. CIVIL PENALTIES AND PERMIT SANCTIONS.

  (a) Assessment of Penalty.--Any person who is found by the 
Secretary, after notice and an opportunity for a hearing in 
accordance with section 554 of title 5, United States Code, to 
have committed an act prohibited by section 307 [or section 
321] shall be liable to the United States for a civil penalty. 
The amount of the civil penalty shall not exceed $100,000 for 
each violation. Each day of a continuing violation shall 
constitute a separate offense. The amount of such civil penalty 
shall be assessed by the Secretary, or his designee, by written 
notice. In determining the amount of such penalty, the 
Secretary shall take into account the nature, circumstances, 
extent, and gravity of the prohibited acts committed and, with 
respect to the violator, the degree of culpability, any history 
of prior offenses, and such other matters as justice may 
require. In assessing such penalty the Secretary may also 
consider any information provided by the violator relating to 
the ability of the violator to pay,Provided, That the 
information is served on the Secretary at least 30 days prior 
to an administrative hearing.
  (b) Review of Civil Penalty.--Any person against whom a civil 
penalty is assessed under subsection (a) or against whom a 
permit sanction is imposed under subsection (g) (other than a 
permit suspension for nonpayment of penalty or fine) may obtain 
review thereof in the United States district court for the 
appropriate district by filing a complaint against the 
Secretary in such court within 30 days from the date of such 
order. The Secretary shall promptly file in such court a 
certified copy of the record upon which such violation was 
found or such penalty imposed, as provided in section 2112 of 
title 28, United States Code. The findings and order of the 
Secretary shall be set aside by such court if they are not 
found to be supported by substantial evidence, as provided in 
section 706(2) of title 5, United States Code.
  (c) Action Upon Failure To Pay Assessment.--If any person 
fails to pay an assessment of a civil penalty after it has 
become a final and unappealable order, or after the appropriate 
court has entered final judgment in favor of the Secretary, the 
Secretary shall refer the matter to the Attorney General of the 
United States, who shall recover the amount assessed in any 
appropriate district court of the United States. In such 
action, the validity and appropriateness of the final order 
imposing the civil penalty shall not be subject to review.
  (d) In Rem Jurisdiction.--A fishing vessel (including its 
fishing gear, furniture, appurtenances, stores, and cargo) used 
in the commission of an act prohibited by section 307 shall be 
liable in rem for any civil penalty assessed for such violation 
under section 308 and may be proceeded against in any district 
court of the United States having jurisdiction thereof. Such 
penalty shall constitute a maritime lien on such vessel which 
may be recovered in an action in rem in the district court of 
the United States having jurisdiction over the vessel.
  (e) Compromise or Other Action by Secretary.--The Secretary 
may compromise, modify, or remit, with or without conditions, 
any civil penalty which is subject to imposition or which has 
been imposed under this section.
  (f) Subpenas.--For the purposes of conducting any hearing 
under this section, the Secretary may issue subpenas for the 
attendance and testimony of witnesses and the production of 
relevant papers, books, and documents, and may administer 
oaths. Witnesses summoned shall be paid the same fees and 
mileage that are paid to witnesses in the courts of the United 
States. In case of contempt or refusal to obey a subpena served 
upon any person pursuant to this subsection, the district court 
of the United States for any district in which such person is 
found, resides, or transacts business, upon application by the 
United States and after notice to such person, shall have 
jurisdiction to issue an order requiring such person to appear 
and give testimony before the Secretary or to appear and 
produce documents before the Secretary, or both, and any 
failure to obey such order of the court may be punished by such 
court as a contempt thereof.
  (g) Permit Sanctions.--(1) In any case in which (A) a vessel 
has been used in the commission of an act prohibited under 
section 307, (B) the owner or operator of a vessel or any other 
person who has been issued or has applied for a permit under 
this Act has acted in violation of section 307, (C) any amount 
in settlement of a civil forfeiture imposed on a vessel or 
other property, or any civil penalty or criminal fine imposed 
on a vessel or owner or operator of a vessel or any other 
person who has been issued or has applied for a permit under 
any marine resource law enforced by the Secretary has not been 
paid and is overdue, or (D) any payment required for observer 
services provided to or contracted by an owner or operator who 
has been issued a permit or applied for a permit under any 
marine resource law administered by the Secretary has not been 
paid and is overdue, the Secretary may--
                  
          (i) revoke any permit issued with respect to such 
        vessel or person, with or without prejudice to the 
        issuance of subsequent permits;
          (ii) suspend such permit for a period of time 
        considered by the Secretary to be appropriate;
          (iii) deny such permit; or
          (iv) impose additional conditions and restrictions on 
        any permit issued to or applied for by such vessel or 
        person under this Act and, with respect to foreign 
        fishing vessels, on the approved application of the 
        foreign nation involved and on any permit issued under 
        that application.
  (2) In imposing a sanction under this subsection, the 
Secretary shall take into account--
          (A) the nature, circumstances, extent, and gravity of 
        the prohibited acts for which the sanction is imposed; 
        and
          (B) with respect to the violator, the degree of 
        culpability, any history of prior offenses, and such 
        other matters as justice may require.
  (3) Transfer of ownership of a vessel, by sale or otherwise, 
shall not extinguish any permit sanction that is in effect or 
is pending at the time of transfer of ownership. Before 
executing the transfer of ownership of a vessel, by sale or 
otherwise, the owner shall disclose in writing to the 
prospective transferee the existence of any permit sanction 
that will be in effect or pending with respect to the vessel at 
the time of the transfer.
  (4) In the case of any permit that is suspended under this 
subsection for nonpayment of a civil penalty or criminal fine, 
the Secretary shall reinstate the permit upon payment of the 
penalty or fine and interest thereon at the prevailing rate.
  (5) No sanctions shall be imposed under this subsection 
unless there has been a prior opportunity for a hearing on the 
facts underlying the violation for which the sanction is 
imposed, either in conjunction with a civil penalty proceeding 
under this section or otherwise.

           *       *       *       *       *       *       *


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.
[Section 3(a) of H.R. 5126 (as reported) provides for an 
amendment to add section 321 at the end of title III of the 
Magnuson-Stevens Fishery Conservation and Management Act (shown 
above in italic). Five years after the date of enactment of 
this Act, section 3(e)(1) and (3) of H.R. 5126 (as reported) 
provides for amendments to repeal section 321 of the Magnuson-
Stevens Fishery Conservation and Management Act (and the item 
relating to such section in the table of contents). On such 
date, section 321 of such Act (as added by section 3(a) of H.R. 
5126, as reported) is repealed as follows:]

[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.]

           *       *       *       *       *       *       *


                                  [all]