[House Report 117-561]
[From the U.S. Government Publishing Office]


117th Congress}                                            { Report

  2d Session  }        HOUSE OF REPRESENTATIVES	           { 117-561   

======================================================================
 
           DRIFTNET MODERNIZATION AND BYCATCH REDUCTION ACT

                                _______
                                

 November 16, 2022.--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. 404]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 404) to improve the management of driftnet 
fishing, 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 ``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.

                          Purpose of the Bill

    The purpose of H.R. 404 is to improve the management of 
driftnet fishing.

                  Background and Need for Legislation

    Large-scale driftnet fishing is a method of fishing in 
which a gillnet or series of gillnets two-and-a-half kilometers 
or more in length is placed in the water and allowed to drift 
with the currents and winds to catch fish. The only such large-
scale drift gillnet fishery remaining in the United States is 
on the West Coast and primarily targets swordfish. However, it 
also harvests other commercially valuable species, such as 
thresher, mako shark, and opah (also known as moonfish).
    There are only 14 active permit holders for this fishery, 
down from approximately 150 in the early 1990s, yet this 
fishery catches more marine mammal bycatch than any other 
fishery on the West Coast. Similar gear has been banned in all 
other U.S. waters, the high seas, and by other nations such as 
Russia due to the high capture rate of bycatch. Large-scale 
driftnet fishing has an estimated bycatch rate of 64%: nearly 
two-thirds of the catch includes marine mammals, sea turtles, 
birds, and unmarketable fish. Beyond the excessive and 
unacceptable levels of bycatch, gillnets inflict harm upon 
targeted catch--lowering the overall value of the fish.
    The use of gillnets is not a result of technological 
limitations; there are alternative and more ethical ways to 
fish. Alternative fishing gear, such as deep-set buoys, prove 
to substantially reduce harmful bycatch while also fetching 
higher income for fishers. This bi-modal approach is 
responsible for protecting vulnerable species while providing a 
path forward for the fishers who still use antiquated and 
harmful nets.
    H.R. 404 would amend the Magnuson-Stevens Act\1\ (MSA) to 
align the definition of large-scale driftnet with the 
definition contained in the Code of Federal Regulations. The 
bill would phase out large-scale driftnet fishing in the U.S. 
Exclusive Economic Zone within five years. In addition, H.R. 
404 would establish a fishing gear transition program to assist 
permit holders with adopting alternative fishing gear.
---------------------------------------------------------------------------
    \1\Magnuson-Stevens Fishery Conservation and Management Act, Pub. 
L. No. 94-265, 90 Stat. 331 (1976), https://uscode.house.gov/
statviewer.htm?volume=90&page=331 (codified as amended at various, see 
https://uscode.house.gov/table3/94_265.htm) (statutory compilation as 
amended through P.L. 116-340 at https://www.govinfo.gov/content/pkg/
COMPS-1678/pdf/COMPS-1678.pdf).
---------------------------------------------------------------------------
    The final section of H.R. 404 replicates an existing MSA 
fee authority to allow the North Pacific Fishery Management 
Council to recommend and the Secretary of Commerce to approve 
regulations to collect fees from halibut charter vessel 
operators. Funds from the fee would provide funding for 
administering a quota program, purchasing halibut quota shares 
in the International Pacific Halibut Commission regulatory 
area, and conducting conservation and research.

                          Committee Action\2\

---------------------------------------------------------------------------
    \2\See also the legislative history in the 116th Congress for H.R. 
1979 and S. 906.
---------------------------------------------------------------------------
    H.R. 404 was introduced on January 21, 2021, by 
Representative Ted Lieu (D-CA). The bill was referred solely to 
the Committee on Natural Resources, and within the Committee to 
the Subcommittee on Water, Oceans, and Wildlife. On November 
17, 2021, 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. The Grijalva amendment in the nature of 
a substitute was agreed to by voice vote. The bill, as amended, 
was adopted and ordered favorably reported to the House of 
Representatives by voice vote.

                                Hearings

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing on H.R. 1979 (116th) by the Subcommittee on Water, 
Oceans, and Wildlife held on May 8, 2019.

            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, as well as clause 3(d) of rule XIII of the Rules of the 
House of Representatives, 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, November 7, 2022.
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. 404, the Driftnet 
Modernization and Bycatch Reduction Act.
    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]
    

    H.R. 404 would require the National Oceanic and Atmospheric 
Administration (NOAA) to conduct a transition program to 
facilitate the phaseout of large-scale driftnet fishing. The 
bill would authorize NOAA to provide grants to operators of 
driftnet fishing vessels with federal permits. Those grants 
would cover the cost of permits, the forfeiture of existing 
fishing gear, and the acquisition of alternative new fishing 
gear. The bill also would allow NOAA to impose fees on charter 
vessels that harvest Pacific halibut in certain parts of the 
northern Pacific Ocean.
    According to NOAA, 42 vessels currently have driftnet 
fishing permits. CBO expects that most but not all of those 
vessels would apply for the grants authorized by H.R. 404. 
Using information from NOAA about the expected costs to 
reimburse fishers for the forfeited fishing gear and to 
purchase alternate gear, CBO estimates that implementing the 
bill would cost $3 million over the 2023-2027 period. Such 
spending would be subject to availability of appropriated 
funds.
    H.R. 404 also would authorize NOAA to levy additional fees 
on certain charter vessels that harvest Pacific halibut, which 
would then be spent on halibut conservation and research, 
administrative costs for the Recreational Quota Entity program, 
and purchases of halibut quota shares from the International 
Pacific Halibut Commission. The collection of those fees (and 
associated spending) could only occur to the extent that 
authority is provided in appropriations acts beginning in 
fiscal year 2023.
    CBO estimates that those fees would total about $4 million 
annually and would be credited as discretionary offsetting 
collections. Assuming appropriation language consistent with 
collecting and spending those fees, CBO estimates that the net 
effect on discretionary spending from implementing that 
provision would be insignificant in every year.
    H.R. 404 would impose private-sector mandates as defined in 
the Unfunded Mandates Reform Act (UMRA) by limiting fishing 
practices in the U.S. West Coast Exclusive Economic Zone and 
imposing new fees on charter-fishing operators harvesting 
Pacific halibut off the coast of Alaska. CBO estimates that the 
aggregate cost of complying with the mandates would fall below 
the annual threshold established in UMRA ($170 million, in 
2021, adjusted annually for inflation).
    The bill would limit the type of nets used in the drift 
gillnet fishery off the West Coast Exclusive Economic Zone. 
Current law only limits driftnet length. H.R. 404 would amend 
the definition of large-scale driftnet fishing to include nets 
with a mesh size of at least 14 inches. The new definition 
would effectively prohibit the use of large driftnets in the 
fishery. The cost of the mandate would be any revenue forgone 
by fishing operations whose catch decreases as a result of the 
new limitation. Using data from NOAA, CBO estimates that about 
40 entities would be affected, and the loss of revenue would be 
small, about $1 million annually.
    The bill also would impose a new fee on operators of guided 
recreational fishing of Pacific halibut in the waters off 
Alaska. Using information from NOAA, CBO expects the aggregate 
cost of the fee would be small, about $4 million annually.
    H.R. 404 does not contain intergovernmental mandates as 
defined by UMRA.
    The CBO staff contacts for this estimate are Robert Reese 
(for federal costs) and Lilia Ledezma (for mandates). The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Director 
for 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 improve the management of 
driftnet fishing.

                           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, the bill, as reported, would impose 
private-sector mandates as defined in the Unfunded Mandates 
Reform Act (UMRA) with compliance costs that would fall below 
the annual threshold established 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. Such program was not included in any report from the 
Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139. The Fishing Gear Transition 
Program established by this bill is related and complementary 
to, but not duplicative of, the following programs identified 
in the most recent Catalog of Federal Domestic Assistance 
published pursuant to 31 U.S.C. Sec. 6104: Fisheries Finance 
Program (CFDA No. 11.415) and Regional Fishery Management 
Councils (CFDA No. 11.441).

                  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




           *       *       *       *       *       *       *
SEC. 3. DEFINITIONS.

   As used in this Act, unless the context otherwise requires--
          (1) The term ``anadromous species'' means species of 
        fish which spawn in fresh or estuarine waters of the 
        United States and which migrate to ocean waters.
          (2) The term ``bycatch'' means fish which are 
        harvested in a fishery, but which are not sold or kept 
        for personal use, and includes economic discards and 
        regulatory discards. Such term does not include fish 
        released alive under a recreational catch and release 
        fishery management program.
          (3) The term ``charter fishing'' means fishing from a 
        vessel carrying a passenger for hire (as defined in 
        section 2101(30) of title 46, United States Code) who 
        is engaged in recreational fishing.
          (4) The term ``commercial fishing'' means fishing in 
        which the fish harvested, either in whole or in part, 
        are intended to enter commerce or enter commerce 
        through sale, barter or trade.
          (5) The term ``conservation and management'' refers 
        to all of the rules, regulations, conditions, methods, 
        and other measures (A) which are required to rebuild, 
        restore, or maintain, and which are useful in 
        rebuilding, restoring, or maintaining, any fishery 
        resource and the marine environment; and (B) which are 
        designed to assure that--
                  
                  (i) a supply of food and other products may 
                be taken, and that recreational benefits may be 
                obtained, on a continuing basis;
                  (ii) irreversible or long-term adverse 
                effects on fishery resources and the marine 
                environment are avoided; and
                  (iii) there will be a multiplicity of options 
                available with respect to future uses of these 
                resources.
          (6) The term ``Continental Shelf'' means the seabed 
        and subsoil of the submarine areas adjacent to the 
        coast, but outside the area of the territorial sea, of 
        the United States, to a depth of 200 meters or, beyond 
        that limit, to where the depth of the superjacent 
        waters admits of the exploitation of the natural 
        resources of such areas.
          (7) The term ``Continental Shelf fishery resources'' 
        means the following:

                              COLENTERATA

          Bamboo Coral--Acanella spp.;
          Black Coral--Antipathes spp.;
          Gold Coral--Callogorgia spp.;
          Precious Red Coral--Corallium spp.;
          Bamboo Coral--Keratoisis spp.; and
          Gold Coral--Parazoanthus spp.

                               CRUSTACEA

          Tanner Crab--Chionoecetes tanneri;
          Tanner Crab--Chionoecetes opilio;
          Tanner Crab--Chionoecetes angulatus;
          Tanner Crab--Chionoecetes bairdi;
          King Crab--Paralithodes camtschatica;
          King Crab--Paralithodes platypus;
          King Crab--Paralithodes brevipes;
          Lobster--Homarus americanus;
          Dungeness Crab--Cancer magister;
          California King Crab--Paralithodes californiensis;
          California King Crab--Paralithodes rathbuni;
          Golden King Crab--Lithodes aequispinus;
          Northern Stone Crab--Lithodes maja;
          Stone Crab--Menippe mercenaria; and
          Deep-sea Red Crab--Chaceon quinquedens.

                                MOLLUSKS

          Red Abalone--Haliotis rufescens;
          Pink Abalone--Haliotis corrugata;
          Japanese Abalone--Haliotis kamtschatkana;
          Queen Conch--Strombus gigas;
          Surf Clam--Spisula solidissima, and
          Ocean Quahog--Arctica islandica.

                                SPONGES

          Glove Sponge--Spongia cheiris
          Sheepswool Sponge--Hippiospongia lachne;
          Grass Sponge--Spongia graminea; and
          Yellow Sponge--Spongia barbera.
        If the Secretary determines, after consultation with 
        the Secretary of State, that living organisms of any 
        other sedentary species are, at the harvestable stage, 
        either--
                  (A) immobile on or under the seabed, or
                  (B) unable to move except in constant 
                physical contact with the seabed or subsoil,
        of the Continental Shelf which appertains to the United 
        States, and publishes notice of such determination in 
        the Federal Register, such sedentary species shall be 
        considered to be added to the foregoing list and 
        included in such term for purposes of this Act.
          (8) The term ``Council'' means any Regional Fishery 
        Management Council established under section 302.
          (9) The term ``economic discards'' means fish which 
        are the target of a fishery, but which are not retained 
        because they are of an undesirable size, sex, or 
        quality, or for other economic reasons.
          (10) The term ``essential fish habitat'' means those 
        waters and substrate necessary to fish for spawning, 
        breeding, feeding or growth to maturity.
          (11) The term ``exclusive economic zone'' means the 
        zone established by Proclamation Numbered 5030, dated 
        March 10, 1983. For purposes of applying this Act, the 
        inner boundary of that zone is a line coterminous with 
        the seaward boundary of each of the coastal States.
          (12) The term ``fish'' means finfish, mollusks, 
        crustaceans, and all other forms of marine animal and 
        plant life other than marine mammals and birds.
          (13) The term ``fishery'' means--
                  (A) one or more stocks of fish which can be 
                treated as a unit for purposes of conservation 
                and management and which are identified on the 
                basis of geographical, scientific, technical, 
                recreational, and economic characteristics; and
                  (B) any fishing for such stocks.
          (14) The term ``regional fishery association'' means 
        an association formed for the mutual benefit of 
        members--
                  (A) to meet social and economic needs in a 
                region or subregion; and
                  (B) comprised of persons engaging in the 
                harvest or processing of fishery resources in 
                that specific region or subregion or who 
                otherwise own or operate businesses 
                substantially dependent upon a fishery.
          (15) The term ``fishery resource'' means any fishery, 
        any stock of fish, any species of fish, and any habitat 
        of fish.
          (16) The term ``fishing'' means--
                  (A) the catching, taking, or harvesting of 
                fish;
                  (B) the attempted catching, taking, or 
                harvesting of fish;
                  (C) any other activity which can reasonably 
                be expected to result in the catching, taking, 
                or harvesting of fish; or
                  (D) any operations at sea in support of, or 
                in preparation for, any activity described in 
                subparagraphs (A) through (C).
        Such term does not include any scientific research 
        activity which is conducted by a scientific research 
        vessel.
          (17) The term ``fishing community'' means a community 
        which is substantially dependent on or substantially 
        engaged in the harvest or processing of fishery 
        resources to meet social and economic needs, and 
        includes fishing vessel owners, operators, and crew and 
        United States fish processors that are based in such 
        community.
          (18) The term ``fishing vessel'' means any vessel, 
        boat, ship, or other craft which is used for, equipped 
        to be used for, or of a type which is normally used 
        for--
                  (A) fishing; or
                  (B) aiding or assisting one or more vessels 
                at sea in the performance of any activity 
                relating to fishing, including, but not limited 
                to, preparation, supply, storage, 
                refrigeration, transportation, or processing.
          (19) The term ``foreign fishing'' means fishing by a 
        vessel other than a vessel of the United States.
          (20) The term ``high seas'' means all waters beyond 
        the territorial sea of the United States and beyond any 
        foreign nation's territorial sea, to the extent that 
        such sea is recognized by the United States.
          (21) The term ``highly migratory species'' means tuna 
        species, marlin (Tetrapturus spp. and Makaira spp.), 
        oceanic sharks, sailfishes (Istiophorus spp.), and 
        swordfish (Xiphias gladius).
          (22) The term ``import''--
                  (A) means to land on, bring into, or 
                introduce into, or attempt to land on, bring 
                into, or introduce into, any place subject to 
                the jurisdiction of the United States, whether 
                or not such landing, bringing, or introduction 
                constitutes an importation within the meaning 
                of the customs laws of the United States; but
                  (B) does not include any activity described 
                in subparagraph (A) with respect to fish caught 
                in the exclusive economic zone or by a vessel 
                of the United States.
          (23) The term ``individual fishing quota'' means a 
        Federal permit under a limited access system to harvest 
        a quantity of fish, expressed by a unit or units 
        representing a percentage of the total allowable catch 
        of a fishery that may be received or held for exclusive 
        use by a person. Such term does not include community 
        development quotas as described in section 305(i).
          (24) The term ``international fishery agreement'' 
        means any bilateral or multilateral treaty, convention, 
        or agreement which relates to fishing and to which the 
        United States is a party.
          (25) The term ``large-scale driftnet fishing'' means 
        a method of fishing in which a gillnet composed of a 
        panel or panels of webbing, or a series of such 
        gillnets, with a total length of two and one-half 
        kilometers or more, or with a mesh size of 14 inches or 
        greater, is placed in the water and allowed to drift 
        with the currents and winds for the purpose of 
        entangling fish in the webbing.
          (26) The term ``limited access privilege''--
                  (A) means a Federal permit, issued as part of 
                a limited access system under section 303A to 
                harvest a quantity of fish expressed by a unit 
                or units representing a portion of the total 
                allowable catch of the fishery that may be 
                received or held for exclusive use by a person; 
                and
                  (B) includes an individual fishing quota; but
                  (C) does not include community development 
                quotas as described in section 305(i).
          (27) The term ``limited access system'' means a 
        system that limits participation in a fishery to those 
        satisfying certain eligibility criteria or requirements 
        contained in a fishery management plan or associated 
        regulation.
          (28) The term ``Marine Fisheries Commission'' means 
        the Atlantic States Marine Fisheries Commission, the 
        Gulf States Marine Fisheries Commission, or the Pacific 
        Marine Fisheries Commission.
          (29) The term ``migratory range'' means the maximum 
        area at a given time of the year within which fish of 
        an anadromous species or stock thereof can be expected 
        to be found, as determined on the basis of scale 
        pattern analysis, tagging studies, or other reliable 
        scientific information, except that the term does not 
        include any part of such area which is in the waters of 
        a foreign nation.
          (30) The term ``national standards'' means the 
        national standards for fishery conservation and 
        management set forth in section 301.
          (31) The term ``observer'' means any person required 
        or authorized to be carried on a vessel for 
        conservation and management purposes by regulations or 
        permits under this Act.
          (32) The term ``observer information'' means any 
        information collected, observed, retrieved, or created 
        by an observer or electronic monitoring system pursuant 
        to authorization by the Secretary, or collected as part 
        of a cooperative research initiative, including fish 
        harvest or processing observations, fish sampling or 
        weighing data, vessel logbook data, vessel or 
        processor-specific information (including any safety, 
        location, or operating condition observations), and 
        video, audio, photographic, or written documents.
          (33) The term ``optimum'', with respect to the yield 
        from a fishery, means the amount of fish which--
                  (A) will provide the greatest overall benefit 
                to the Nation, particularly with respect to 
                food production and recreational opportunities, 
                and taking into account the protection of 
                marine ecosystems;
                  (B) is prescribed on the basis of the maximum 
                sustainable yield from the fishery, as reduced 
                by any relevant social, economic, or ecological 
                factor; and
                  (C) in the case of an overfished fishery, 
                provides for rebuilding to a level consistent 
                with producing the maximum sustainable yield in 
                such fishery.
          (34) The terms ``overfishing'' and ``overfished'' 
        mean a rate or level of fishing mortality that 
        jeopardizes the capacity of a fishery to produce the 
        maximum sustainable yield on a continuing basis.
          (35) The term ``Pacific Insular Area'' means American 
        Samoa, Guam, the Northern Mariana Islands, Baker 
        Island, Howland Island, Jarvis Island, Johnston Atoll, 
        Kingman Reef, Midway Island, Wake Island, or Palmyra 
        Atoll, as applicable, and includes all islands and 
        reefs appurtenant to such island, reef, or atoll.
          (36) The term ``person'' means any individual 
        (whether or not a citizen or national of the United 
        States), any corporation, partnership, association, or 
        other entity (whether or not organized or existing 
        under the laws of any State), and any Federal, State, 
        local, or foreign government or any entity of any such 
        government.
          (37) The term ``recreational fishing'' means fishing 
        for sport or pleasure.
          (38) The term ``regulatory discards'' means fish 
        harvested in a fishery which fishermen are required by 
        regulation to discard whenever caught, or are required 
        by regulation to retain but not sell.
          (39) The term ``Secretary'' means the Secretary of 
        Commerce or his designee.
          (40) The term ``special areas'' means the areas 
        referred to as eastern special areas in Article 3(1) of 
        the Agreement between the United States of America and 
        the Union of Soviet Socialist Republics on the Maritime 
        Boundary, signed June 1, 1990; in particular, the term 
        refers to those areas east of the maritime boundary, as 
        defined in that Agreement, that lie within 200 nautical 
        miles of the baselines from which the breadth of the 
        territorial sea of Russia is measured but beyond 200 
        nautical miles of the baselines from which the breadth 
        of the territorial sea of the United States is 
        measured.
          (41) The term ``special areas'' means the areas 
        referred to as eastern special areas in Article 3(1) of 
        the Agreement between the United States of America and 
        the Union of Soviet Socialist Republics on the Maritime 
        Boundary, signed June 1, 1990. In particular, the term 
        refers to those areas east of the maritime boundary, as 
        defined in that Agreement, that lie within 200 nautical 
        miles of the baselines from which the breadth of the 
        territorial sea of Russia is measured but beyond 200 
        nautical miles of the baselines from which the breadth 
        of the territorial sea of the United States is 
        measured.
          (42) The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, American Samoa, the Virgin Islands, Guam, 
        and any other Commonwealth, territory, or possession of 
        the United States.
          (43) The term ``stock of fish'' means a species, 
        subspecies, geographical grouping, or other category of 
        fish capable of management as a unit.
          (44) The term ``treaty'' means any international 
        fishery agreement which is a treaty within the meaning 
        of section 2 of article II of the Constitution.
          (45) The term ``tuna species'' means the following:
                  Albacore Tuna--Thunnus alalunga;
                  Bigeye Tuna--Thunnus obesus;
                  Bluefin Tuna--Thunnus thynnus;
                  Skipjack Tuna--Katsuwonus pelamis; and
                  Yellowfin Tuna--Thunnus albacares.
          (46) The term ``United States'', when used in a 
        geographical context, means all the States thereof.
          (47) The term ``United States fish processors'' means 
        facilities located within the United States for, and 
        vessels of the United States used or equipped for, the 
        processing of fish for commercial use or consumption.
          (48) The term ``United States harvested fish'' means 
        fish caught, taken, or harvested by vessels of the 
        United States within any fishery for which a fishery 
        management plan prepared under title III or a 
        preliminary fishery management plan prepared under 
        section 201(h) has been implemented.
          (49) The term ``vessel subject to the jurisdiction of 
        the United States'' has the same meaning such term has 
        in section 3(c) of the Maritime Drug Law Enforcement 
        Act (46 U.S.C. App. 1903(c)).
          (50) The term ``vessel of the United States'' means--
                  (A) any vessel documented under chapter 121 
                of title 46, United States Code;
                  (B) any vessel numbered in accordance with 
                chapter 123 of title 46, United States Code, 
                and measuring less than 5 net tons;
                  (C) any vessel numbered in accordance with 
                chapter 123 of title 46, United States Code, 
                and used exclusively for pleasure; or
                  (D) any vessel not equipped with propulsion 
                machinery of any kind and used exclusively for 
                pleasure.
          (33) The term ``waters of a foreign nation'' means 
        any part of the territorial sea or exclusive economic 
        zone (or the equivalent) of a foreign nation, to the 
        extent such territorial sea or exclusive economic zone 
        is recognized by the United States.

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TITLE II--FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS

           *       *       *       *       *       *       *


SEC. 206. LARGE-SCALE DRIFTNET FISHING.

  (a) Short Title.--This section incorporates and expands upon 
provisions of the Driftnet Impact Monitoring, Assessment, and 
Control Act of 1987 and may be cited as the ``Driftnet Act 
Amendments of 1990''.
  (b) Findings.--The Congress finds that--
          (1) the continued widespread use of large-scale 
        driftnets beyond the exclusive economic zone of any 
        nation is a destructive fishing practice that poses a 
        threat to living marine resources of the world's 
        oceans, including but not limited to the North and 
        South Pacific Ocean and the Bering Sea;
          (2) the use of large-scale driftnets is expanding 
        into new regions of the world's oceans, including the 
        Atlantic Ocean and Caribbean Sea;
          (3) there is a pressing need for detailed and 
        reliable information on the number of seabirds, sea 
        turtles, nontarget fish, and marine mammals that become 
        entangled and die in actively fished large-scale 
        driftnets and in large-scale driftnets that are lost, 
        abandoned, or discarded;
          (4) increased efforts, including reliable observer 
        data and enforcement mechanisms, are needed to monitor, 
        assess, control, and reduce the adverse impact of 
        large-scale driftnet fishing on living marine 
        resources;
          (5) the nations of the world have agreed in the 
        United Nations, through General Assembly Resolution 
        Numbered 44-225, approved December 22, 1989, by the 
        General Assembly, that a moratorium should be imposed 
        by June 30, 1992, on the use of large-scale driftnets 
        beyond the exclusive economic zone of any nation;
          (6) the nations of the South Pacific have agreed to a 
        moratorium on the use of large-scale driftnets in the 
        South Pacific through the Convention for the 
        Prohibition of Fishing with Long Driftnets in the South 
        Pacific, which was agreed to in Wellington, New 
        Zealand, on November 29, 1989; [and]
          (7) increasing population pressures and new knowledge 
        of the importance of living marine resources to the 
        health of the global ecosystem demand that greater 
        responsibility be exercised by persons fishing or 
        developing new fisheries beyond the exclusive economic 
        zone of any nation[.]; and
          (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.
  (c) Policy.--It is declared to be the policy of the Congress 
in this section that the United States should--
          (1) implement the moratorium called for by the United 
        Nations General Assembly in Resolution Numbered 44-225;
          (2) support the Tarawa Declaration and the Wellington 
        Convention for the Prohibition of Fishing with Long 
        Driftnets in the South Pacific; [and]
          (3) secure a permanent ban on the use of destructive 
        fishing practices, and in particular large-scale 
        driftnets, by persons or vessels fishing beyond the 
        exclusive economic zone of any nation[.]; and
          (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.
  (d) International Agreements.--The Secretary, through the 
Secretary of State and the Secretary of the department in which 
the Coast Guard is operating, shall seek to secure 
international agreements to implement immediately the findings, 
policy, and provisions of this section, and in particular an 
international ban on large-scale driftnet fishing. The 
Secretary, through the Secretary of State, shall include, in 
any agreement which addresses the taking of living marine 
resources of the United States, provisions to ensure that--
          (1) each large-scale driftnet fishing vessel of a 
        foreign nation that is party to the agreement, 
        including vessels that may operate independently to 
        develop new fishing areas, which operate beyond the 
        exclusive economic zone of any nation, is included in 
        such agreement;
          (2) each large-scale driftnet fishing vessel of a 
        foreign nation that is party to the agreement, which 
        operates beyond the exclusive economic zone of any 
        nation, is equipped with satellite transmitters which 
        provide real-time position information accessible to 
        the United States;
          (3) statistically reliable monitoring by the United 
        States is carried out, through the use of on-board 
        observers or through dedicated platforms provided by 
        foreign nations that are parties to the agreement, of 
        all target and nontarget fish species, marine mammals, 
        sea turtles, and sea birds entangled or killed by 
        large-scale driftnets used by fishing vessels of 
        foreign nations that are parties to the agreement;
          (4) officials of the United States have the right to 
        board and inspect for violations of the agreement any 
        large-scale driftnet fishing vessels operating under 
        the flag of a foreign nation that is party to the 
        agreement at any time while such vessel is operating in 
        designated areas beyond the exclusive economic zone of 
        any nation;
          (5) all catch landed or transshipped at sea by large-
        scale driftnet fishing vessels of a foreign nation that 
        is a party to the agreement, and which are operated 
        beyond the exclusive economic zone of any nation, is 
        reliably monitored and documented;
          (6) time and area restrictions are imposed on the use 
        of large-scale driftnets in order to prevent 
        interception of anadromous species;
          (7) all large-scale drifnets used are constructed, 
        insofar as feasible, with biodegradable materials which 
        break into segments that do not represent a threat to 
        living marine resources;
          (8) all large-scale driftnets are marked at 
        appropriate intervals in a manner that conclusively 
        identifies the vessel and flag nation responsible for 
        each such driftnet;
          (9) the taking of nontarget fish species, marine 
        mammals, sea turtles, seabirds, and endangered species 
        or other species protected by international agreements 
        to which the United States is a party is minimized and 
        does not pose a threat to existing fisheries or the 
        long-term health of living marine resources; and
          (10) definitive steps are agreed upon to ensure that 
        parties to the agreement comply with the spirit of 
        other international agreements and resolutions 
        concerning the use of large-scale driftnets beyond the 
        exclusive economic zone of any nation.
  (e) Report.--Not later than January 1, 1991, and every year 
thereafter until the purposes of this section are met, the 
Secretary, after consultation with the Secretary of State and 
the Secretary of the department in which the Coast Guard is 
operating, shall submit to the Committee on Commerce, Science, 
and Transportation of the Senate and the Committee on Merchant 
Marine and Fisheries of the House of Representatives a report--
          (1) describing the steps taken to carry out the 
        provisions of this section, particularly subsection 
        (c);
          (2) evaluating the progress of those efforts, the 
        impacts on living marine resources, including available 
        observer data, and specifying plans for further action;
          (3) containing a list and description of any new 
        fisheries developed by nations that conduct, or 
        authorize their nationals to conduct, large-scale 
        driftnet fishing beyond the exclusive economic zone of 
        any nation; and
          (4) containing a list of the nations that conduct, or 
        authorize their nationals to conduct, large-scale 
        driftnet fishing beyond the exclusive economic zone of 
        any nation in a manner that diminishes the 
        effectiveness of or is inconsistent with any 
        international agreement governing large-scale driftnet 
        fishing to which the United States is a party or 
        otherwise subscribes.
  (f) Certification.--If at any time the Secretary, in 
consultation with the Secretary of State and the Secretary of 
the department in which the Coast Guard is operating, 
identifies any nation that warrants inclusion in the list 
described under subsection (e)(4), the Secretary shall certify 
that fact to the President. Such certification shall be deemed 
to be a certification for the purposes of section 8(a) of the 
Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)).
  (g) Effect on Sovereign Rights.--This section shall not serve 
or be construed to expand or diminish the sovereign rights of 
the United States, as stated by Presidential Proclamation 
Numbered 5030, dated March 10, 1983, and reflected in this Act 
or other existing law.
  (h) Definition.--As used in this section, the term ``living 
marine resources'' includes fish, marine mammals, sea turtles, 
and seabirds and other waterfowl.
  (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.

           *       *       *       *       *       *       *


TITLE III--NATIONAL FISHERY MANAGEMENT PROGRAM

           *       *       *       *       *       *       *


SEC. 307. PROHIBITED ACTS.

   It is unlawful--
          (1) for any person--
                  (A) to violate any provision of this Act or 
                any regulation or permit issued pursuant to 
                this Act;
                  (B) to use any fishing vessel to engage in 
                fishing after the revocation, or during the 
                period of suspension, of an applicable permit 
                issued pursuant to this Act;
                  (C) to violate any provision of, or 
                regulation under, an applicable governing 
                international fishery agreement entered into 
                pursuant to section 201(c);
                  (D) to refuse to permit any officer 
                authorized to enforce the provisions of this 
                Act (as provided for in section 311) to board a 
                fishing vessel subject to such person's control 
                for purposes of conducting any search or 
                inspection in connection with the enforcement 
                of this Act or any regulation, permit, or 
                agreement referred to in subparagraph (A) or 
                (C);
                  (E) to forcibly assault, resist, oppose, 
                impede, intimidate, or interfere with any such 
                authorized officer in the conduct of any search 
                or inspection described in subparagraph (D);
                  (F) to resist a lawful arrest for any act 
                prohibited by this section;
                  (G) to ship, transport, offer for sale, sell, 
                purchase, import, export, or have custody, 
                control, or possession of, any fish taken or 
                retained in violation of this Act or any 
                regulation, permit, or agreement referred to in 
                subparagraph (A) or (C);
                  (H) to interfere, with, delay, or prevent, by 
                any means, the apprehension or arrest of 
                another person, knowing that such other person 
                has committed any act prohibited by this 
                section;
                  (I) to knowingly and willfully submit to a 
                Council, the Secretary, or the Governor of a 
                State false information (including, but not 
                limited to, false information regarding the 
                capacity and extent to which a United States 
                fish processor, on an annual basis, will 
                process a portion of the optimum yield of a 
                fishery that will be harvested by fishing 
                vessels of the United States) regarding any 
                matter that the Council, Secretary, or Governor 
                is considering in the course of carrying out 
                this Act;
                  (J) to ship, transport, offer for sale, sell, 
                or purchase, in interstate or foreign commerce, 
                any whole live lobster of the species Homarus 
                americanus, that--
                          (i) is smaller than the minimum 
                        possession size in effect at the time 
                        under the American Lobster Fishery 
                        Management Plan, as implemented by 
                        regulations published in part 649 of 
                        title 50, Code of Federal Regulations, 
                        or any successor to that plan 
                        implemented under this title, or in the 
                        absence of any such plan, is smaller 
                        than the minimum possession size in 
                        effect at the time under a coastal 
                        fishery management plan for American 
                        lobster adopted by the Atlantic States 
                        Marine Fisheries Commission under the 
                        Atlantic Coastal Fisheries Cooperative 
                        Management Act (16 U.S.C. 5101 et 
                        seq.);
                          (ii) is bearing eggs attached to its 
                        abdominal appendages; or
                          (iii) bears evidence of the forcible 
                        removal of extruded eggs from its 
                        abdominal appendages;
                  (K) to knowingly steal, or without 
                authorization, to remove, damage, or tamper 
                with--
                          (i) fishing gear owned by another 
                        person, which is located in the 
                        exclusive economic zone, or
                          (ii) fish contained in such fishing 
                        gear;
                  (L) to forcibly assault, resist, oppose, 
                impede, intimidate, sexually harass, bribe, or 
                interfere with any observer on a vessel under 
                this Act, or any data collector employed by the 
                National Marine Fisheries Service or under 
                contract to any person to carry out 
                responsibilities under this Act;
                  (M) to engage in large-scale driftnet fishing 
                that is subject to the jurisdiction of the 
                United States, including use of a fishing 
                vessel of the United States to engage in such 
                fishing beyond the exclusive economic zone of 
                any nation, 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;
                  (N) to strip pollock of its roe and discard 
                the flesh of the pollock;
                  (O) to knowingly and willfully fail to 
                disclose, or to falsely disclose, any financial 
                interest as required under section 302(j), or 
                to knowingly vote on a Council decision in 
                violation of section 302(j)(7)(A);
                  (P)(i) to remove any of the fins of a shark 
                (including the tail) at sea;
                  (ii) to have custody, control, or possession 
                of any such fin aboard a fishing vessel unless 
                it is naturally attached to the corresponding 
                carcass;
                  (iii) to transfer any such fin from one 
                vessel to another vessel at sea, or to receive 
                any such fin in such transfer, without the fin 
                naturally attached to the corresponding 
                carcass; or
                  (iv) to land any such fin that is not 
                naturally attached to the corresponding 
                carcass, or to land any shark carcass without 
                such fins naturally attached;
                  (Q) to import, export, transport, sell, 
                receive, acquire, or purchase in interstate or 
                foreign commerce any fish taken, possessed, 
                transported, or sold in violation of any 
                foreign law or regulation or any treaty or in 
                contravention of any binding conservation 
                measure adopted by an international agreement 
                or organization to which the United States is a 
                party; or
                  (R) to use any fishing vessel to engage in 
                fishing in Federal or State waters, or on the 
                high seas or in the waters of another country, 
                after the Secretary has made a payment to the 
                owner of that fishing vessel under section 
                312(b)(2).
        For purposes of subparagraph (P), there shall be a 
        rebuttable presumption that if any shark fin (including 
        the tail) is found aboard a vessel, other than a 
        fishing vessel, without being naturally attached to the 
        corresponding carcass, such fin was transferred in 
        violation of subparagraph (P)(iii) or that if, after 
        landing, the total weight of shark fins (including the 
        tail) landed from any vessel exceeds five percent of 
        the total weight of shark carcasses landed, such fins 
        were taken, held, or landed in violation of 
        subparagraph (P). In such subparagraph, the term 
        ``naturally attached'', with respect to a shark fin, 
        means attached to the corresponding shark carcass 
        through some portion of uncut skin.
          (2) for any vessel other than a vessel of the United 
        States, and for the owner or operator of any vessel 
        other than a vessel of the United States, to engage--
                  (A) in fishing within the boundaries of any 
                State, except--
                          (i) recreational fishing permitted 
                        under section 201(i);
                          (ii) fish processing permitted under 
                        section 306(c); or
                          (iii) transshipment at sea of fish or 
                        fish products within the boundaries of 
                        any State in accordance with a permit 
                        approved under section 204(d);
                  (B) in fishing, except recreational fishing 
                permitted under section 201(i), within the 
                exclusive economic zone, or for any anadromous 
                species or Continental Shelf fishery resources 
                beyond such zone or areas, unless such fishing 
                is authorized by, and conducted in accordance 
                with, a valid and applicable permit issued 
                pursuant to section 204(b), (c), or (d); or
                  (C) except as permitted under section 306(c), 
                in fish processing (as defined in paragraph 
                (4)(A) of such section) within the internal 
                waters of a State (as defined in paragraph 
                (4)(B) of such section);
          (3) for any vessel of the United States, and for the 
        owner or operator of any vessel of the United States, 
        to transfer at sea directly or indirectly, or attempt 
        to so transfer at sea, any United States harvested fish 
        to any foreign fishing vessel, while such foreign 
        vessel is within the exclusive economic zone or within 
        the boundaries of any State except to the extent that 
        the foreign fishing vessel has been permitted under 
        section 204(d) or section 306(c) to receive such fish;
          (4) for any fishing vessel other than a vessel of the 
        United States to operate, and for the owner or operator 
        of a fishing vessel other than a vessel of the United 
        States to operate such vessel, in the exclusive 
        economic zone or within the boundaries of any State or 
        special areas, if--
                  (A) all fishing gear on the vessel is not 
                stored below deck or in an area where it is not 
                normally used, and not readily available, for 
                fishing; or
                  (B) all fishing gear on the vessel which is 
                not so stored is not secured and covered so as 
                to render it unusable for fishing;
        unless such vessel is authorized to engage in fishing 
        in the area in which the vessel is operating; and
          (5) for any vessel of the United States, and for the 
        owner or operator of any vessel of the United States, 
        to engage in fishing in the waters of a foreign nation 
        in a manner that violates an international fishery 
        agreement between that nation and the United States 
        that has been subject to Congressional oversight in the 
        manner described in section 203, or any regulations 
        issued to implement such an agreement; except that the 
        binding provisions of such agreement and implementing 
        regulations shall have been published in the Federal 
        Register prior to such violation.

           *       *       *       *       *       *       *


        Supplemental, Minority, Additional, or Dissenting Views

    None.

                                  [all]