[House Report 118-368]
[From the U.S. Government Publishing Office]


118th Congress }                                              {    Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                              {  118-368

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



 
SUPPORTING THE HEALTH OF AQUATIC SYSTEMS THROUGH RESEARCH KNOWLEDGE AND 
                         ENHANCED DIALOGUE ACT

                                _______
                                

January 30, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 4051]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 4051) to direct the Secretary of Commerce to 
establish a task force regarding shark depredation, 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 ``Supporting the Health of Aquatic 
systems through Research Knowledge and Enhanced Dialogue Act'' or the 
``SHARKED Act''.

SEC. 2. SHARK DEPREDATION TASK FORCE AND RESEARCH PROJECTS.

  (a) Shark Depredation Task Force.--
          (1) In general.--The Secretary of Commerce shall establish a 
        task force (referred to in this subsection as the ``task 
        force'') to identify and address critical needs with respect to 
        shark depredation.
          (2) Membership.--The Secretary of Commerce shall appoint 
        individuals to the task force, including--
                  (A) 1 representative from--
                          (i) each Regional Fishery Management Council 
                        established under section 302(a)(1) of the 
                        Magnuson-Stevens Fishery Conservation and 
                        Management Act (16 U.S.C. 1852(a)(1));
                          (ii) each Marine Fisheries Commission, as 
                        such term is defined in section 3 of the 
                        Magnuson-Stevens Fishery Conservation and 
                        Management Act (16 U.S.C. 1802);
                          (iii) the fish and wildlife agency of a 
                        coastal State from each Regional Fishery 
                        Management Council established under section 
                        302(a)(1) of the Magnuson-Stevens Fishery 
                        Conservation and Management Act (16 U.S.C. 
                        1852(a)(1)); and
                          (iv) the National Marine Fisheries Service;
                  (B) an individual with expertise in the management of 
                highly migratory species;
                  (C) a researcher with expertise in shark management 
                and behavior; and
                  (D) a researcher with expertise in shark ecology.
          (3) Responsibilities.--The task force shall--
                  (A) develop ways to improve coordination and 
                communication across the fisheries management community 
                and shark research community to address shark 
                depredation;
                  (B) identify research priorities and funding 
                opportunities for such priorities, including--
                          (i) identifying shark species involved in 
                        interactions;
                          (ii) shark stock assessments;
                          (iii) how sharks become habituated to humans 
                        and thus lead to more interactions between 
                        sharks and humans;
                          (iv) how angler behavior and fishery 
                        regulatory frameworks may influence shark 
                        interactions;
                          (v) techniques and strategies to reduce 
                        harmful interactions between sharks and humans, 
                        including the development and use of non-lethal 
                        deterrents;
                          (vi) the role of healthy shark populations in 
                        the ocean food web; and
                          (vii) climate change impacts on shifting 
                        shark populations, prey, and shark behavior;
                  (C) develop recommended management strategies to 
                address shark depredation; and
                  (D) coordinate the development and distribution of 
                educational materials to help the fishing community 
                minimize shark interactions including through changed 
                angler behavior and expectations.
          (4) Report.--Not later than 2 years after the date of the 
        enactment of this section, and every 2 years thereafter until 
        the termination of the task force in accordance with paragraph 
        (5), the task force shall submit to Congress a report regarding 
        the findings of the task force.
          (5) Sunset.--The task force shall terminate not later than 7 
        years after the date on which the Secretary of Commerce 
        establishes the task force.
          (6) Coastal state defined.--In this subsection, the term 
        ``coastal State''--
                  (A) means a State of the United States in, or 
                bordering on, the Atlantic Ocean, Pacific Ocean, Arctic 
                Ocean, Gulf of Mexico, or Long Island Sound; and
                  (B) includes Puerto Rico, the Virgin Islands of the 
                United States, Guam, the Commonwealth of the Northern 
                Mariana Islands, and American Samoa.
  (b) Shark Depredation Research Projects.--Section 318(c) of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1867(c)) is amended by adding at the end the following:
          ``(6) Projects to better understand shark depredation, 
        including identifying what causes increases in shark 
        depredation and determining how to best address shark 
        depredation.''.
  (c) Effect.--Nothing in this Act shall be construed to affect the 
authority and responsibility of the Secretary of Commerce in carrying 
out the Endangered Species Act of 1973 or the Magnuson-Stevens Fishery 
Conservation and Management Act.

                       Purpose of the Legislation

    The purpose of H.R. 4051 is to direct the Secretary of 
Commerce to establish a task force regarding shark depredation, 
and for other purposes.

                  Background and Need for Legislation

    Concerns over shark depredation, which occurs when a shark 
eats or preys upon fish that are caught on fishing gear, are 
increasingly common for fishermen, regardless of their sector, 
the species they target, and where they fish. Shark 
interactions have been reported in private recreational, for-
hire, and commercial hook and line fisheries in both the Gulf 
of Mexico and South Atlantic. From fishermen in the Florida 
Keys and throughout the Gulf of Mexico whose prized snapper or 
grouper catch was eaten by a shark to charter boat captains in 
North Carolina's Outer Banks offshore fishing, these 
interactions can be frustrating for anglers as they result in 
loss of catch, damaged gear, and degraded fishing experiences, 
and may also impact the post-release survival of target fish.
    In the United States, sharks are managed at state, 
interstate, and national levels and through international 
treaties. Historically, shark populations were significantly 
reduced primarily due to overfishing. The National Oceanic and 
Atmospheric Administration (NOAA) works with state, federal, 
and international partners in various domestic and 
international venues to improve the management of shark stocks. 
Over the past few decades, management under the Magnuson-
Stevens Fishery Conservation and Management Act has focused on 
rebuilding overfished stocks and maintaining sustainable shark 
fisheries.
    While the number of reports of depredation have increased, 
the underlying cause of the increase is uncertain--it could be 
due to an increase in the number of sharks, as stocks rebuild; 
a learned behavior by sharks as they recognize motors, fishing 
techniques, or shark feeding locations as a source of food. The 
bill would require the Secretary of Commerce to establish a 
task force to address shark depredation. The task force 
membership would include representatives from Regional Fishery 
Management Councils, the Marine Fisheries Commissions, the 
state fish and wildlife agencies from the states within the 
Regional Fishery Management Councils, NOAA, shark experts from 
the Fisheries Service, and non-federal experts. The task force 
would be responsible for improving coordination and 
communication across the fisheries management community on 
shark depredation, identifying research priorities and funding 
opportunities.

                            Committee Action

    H.R. 4051 was introduced on June 12, 2023, by Rep. Robert 
J. Wittman (R-VA). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Water, Wildlife and Fisheries. On July 27, 2023, the 
Subcommittee on Water, Wildlife and Fisheries held a hearing on 
the bill. On September 20, 2023, the Committee on Natural 
Resources met to consider the bill. The Subcommittee on Water, 
Wildlife and Fisheries was discharged from further 
consideration of H.R. 4051 by unanimous consent. Rep. Wittman 
(R-VA) offered an amendment in the nature of a substitute 
designated Wittman_083.
    Rep. Jared Huffman (D-CA) offered an amendment to the 
amendment in the nature of a substitute designated Huffman #1 
Revised. The amendment was adopted by unanimous consent. The 
amendment in the nature of a substitute, as amended, was 
adopted by unanimous consent. The bill, as amended, was ordered 
favorably reported to the House of Representatives by unanimous 
consent.

                                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 by the Subcommittee on Water, Wildlife and Fisheries 
held on July 27, 2023.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 establishes the short title of the bill as the 
``Supporting the Health of Aquatic systems through Research 
Knowledge and Enhanced Dialogue Act'' or ``SHARKED Act.''

Section 2. Shark depredation task force and research projects

    Section 2 establishes a task force to identify and address 
critical needs with respect to shark depredation. As amended, 
the bill includes the ability for more engagement with the 
scientific shark research community. Additionally, it clarifies 
that the findings and work done by the task force do not impact 
the Secretary of Commerce's responsibilities under the 
Endangered Species Act or the Magnuson-Stevens Act. The task 
force must submit reports to Congress every two years regarding 
its work and findings.

            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:




    H.R. 4051 would require the National Oceanic and 
Atmospheric Administration (NOAA) to establish a task force to 
identify strategies to minimize shark depredation, which is 
when a shark eats or damages a hooked fish before an angler can 
reel it in. The task force would include NOAA, the Regional 
Fishery Management Councils, the National Marine Fishery 
Commissions, state fish and wildlife agencies, and experts in 
shark behavior and ecology, and would expire seven years after 
being established.
    Under the bill, the task force would coordinate research to 
identify species most often involved in such interactions and 
the migratory patterns and behavior of those species. It also 
would develop recommendations to mitigate the toll of shark 
depredation and communication methods to distribute the 
information to fishing communities. The task force would need 
to submit biennial reports to the Congress on its findings.
    For this estimate, CBO assumes that H.R. 4051 will be 
enacted near the end of calendar year 2023 and that the task 
force would be established during fiscal year 2024. Using 
information from NOAA, CBO estimates the costs for travel for 
the task force and for staff to develop reports would be less 
than $500,000 in each year from 2024 through 2030. On that 
basis, CBO estimates that implementing H.R. 4051 would cost $2 
million over the 2024-2028 period; any spending would be 
subject to the availability of appropriated funds. In 2021, 
NOAA allocated about $500,000 for research projects related to 
shark depredation, the most recent year for which CBO can 
determine that such an allocation was made.
    The CBO staff contact for this estimate is Aurora Swanson. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to direct the Secretary of Commerce 
to establish a task force regarding shark depredation, and for 
other purposes.

                           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 the Congressional Budget Office, H.R. 4051 
contains no unfunded mandates as defined in the Unfunded 
Mandates Reform Act.

                           Existing Programs

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of 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 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                  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 (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




           *       *       *       *       *       *       *
TITLE III--NATIONAL FISHERY MANAGEMENT PROGRAM

           *       *       *       *       *       *       *


SEC. 318. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM.

  (a) In General.--The Secretary of Commerce, in consultation 
with the Councils, shall establish a cooperative research and 
management program to address needs identified under this Act 
and under any other marine resource laws enforced by the 
Secretary. The program shall be implemented on a regional basis 
and shall be developed and conducted through partnerships among 
Federal, State, and Tribal managers and scientists (including 
interstate fishery commissions), fishing industry participants 
(including use of commercial charter or recreational vessels 
for gathering data), and educational institutions.
  (b) Eligible Projects.--The Secretary shall make funds 
available under the program for the support of projects to 
address critical needs identified by the Councils in 
consultation with the Secretary. The program shall promote and 
encourage efforts to utilize sources of data maintained by 
other Federal agencies, State agencies, or academia for use in 
such projects.
  (c) Funding.--In making funds available the Secretary shall 
award funding on a competitive basis and based on regional 
fishery management needs, select programs that form part of a 
coherent program of research focused on solving priority issues 
identified by the Councils, and shall give priority to the 
following projects:
          (1) Projects to collect data to improve, supplement, 
        or enhance stock assessments, including the use of 
        fishing vessels or acoustic or other marine technology.
          (2) Projects to assess the amount and type of bycatch 
        or post-release mortality occurring in a fishery.
          (3) Conservation engineering projects designed to 
        reduce bycatch, including avoidance of post-release 
        mortality, reduction of bycatch in high seas fisheries, 
        and transfer of such fishing technologies to other 
        nations.
          (4) Projects for the identification of habitat areas 
        of particular concern and for habitat conservation.
          (5) Projects designed to collect and compile economic 
        and social data.
          (6) Projects to better understand shark depredation, 
        including identifying what causes increases in shark 
        depredation and determining how to best address shark 
        depredation.
  (d) Experimental Permitting Process.--Not later than 180 days 
after the date of enactment of the Magnuson-Stevens Fishery 
Conservation and Management Reauthorization Act of 2006, the 
Secretary, in consultation with the Councils, shall promulgate 
regulations that create an expedited, uniform, and regionally-
based process to promote issuance, where practicable, of 
experimental fishing permits.
  (e) Guidelines.--The Secretary, in consultation with the 
Councils, shall establish guidelines to ensure that 
participation in a research project funded under this section 
does not result in loss of a participant's catch history or 
unexpended days-at-sea as part of a limited entry system.
  (f) Exempted Projects.--The procedures of this section shall 
not apply to research funded by quota set-asides in a fishery.

           *       *       *       *       *       *       *


                            ADDITIONAL VIEWS

    H.R. 4051 would direct the Secretary of Commerce to 
establish a task force to identify and address needs regarding 
shark depredation and would amend the Magnuson-Stevens Fishery 
Conservation and Management Act to make shark depredation 
research projects eligible for cooperative research and 
management programs.
    Sharks play a central role in shaping marine ecosystems, 
but shark populations have significantly declined in recent 
decades, upending marine ecosystem structures and functions.\1\ 
Shark depredation refers to the partial or complete consumption 
by a shark of an animal caught by fishing gear before it can be 
landed (reeled in). Fish caught by recreational or commercial 
fishermen are easy targets for sharks, who opportunistically 
feed on injured or unhealthy fish.\2\
---------------------------------------------------------------------------
    \1\Ferretti, Francesco, Boris Worm, Gregory L. Britten, Michael R. 
Heithaus, and Heike K. Lotze. ``Patterns and ecosystem consequences of 
shark declines in the ocean.'' Ecology letters 13, no. 8 (2010): 1055-
1071. https://onlinelibrary.wiley.com/doi/abs/10.1111/j.1461-0248.2010.
01489.x.
    \2\Mitchell, J. D., D.L. McLean, S.P. Collin, and T.J. Langlois. 
``Shark depredation in commercial and recreational fisheries.'' Reviews 
in Fish Biology and Fisheries 28 (2018): 715-748. https://
link.springer.com/article/10.1007/s11160-018-9528-z.
---------------------------------------------------------------------------
    Human behavior, season, region, and temperature influence 
the likelihood of shark depredation, and precautionary measures 
are proven to reduce risk to anglers and sharks.\3\ When 
fishers use magnetic, electronic, and acoustic deterrents, the 
proportion of fish depredated by sharks is reduced by 65%, and 
the time it takes for a shark to depredate a fish is increased 
and can be further reduced by avoiding hotspots and moving 
spots if sharks arrive.\4\ Simple changes to angler behavior 
like using deterrents, limiting the amount of time spent 
fishing in a given location, avoiding heavily fished or 
depredation hotspots, using jigs and lures instead of bait, and 
reducing the amount of time a caught fish remains in the water 
can significantly reduce the likelihood of depredation 
occurrence.
---------------------------------------------------------------------------
    \3\Ibid.
    \4\Government of Western Australia, Department of Primary 
Industries and Regional Development. Fisheries science update--April 
2022 Shark depredation. https://www.fish.wa.gov.au/Documents/
fisheries_research_updates/
fisheries_science_update_shark_depredation.pdf.
---------------------------------------------------------------------------
    NOAA authored a report to Congress on dolphin and shark 
depredation in the Gulf of Mexico and the South Atlantic Region 
in response to a request in the Joint Explanatory Statement 
accompanying the Consolidated Appropriations Act, 2021 (Public 
Law 116-260).\5\ The report highlights the negative impacts of 
depredation on both anglers and sharks, and acknowledges 
significant gaps in data and understanding around shark 
ecology, which are central to understanding and reducing 
depredation behavior. Independent researchers also cite a 
``lack of resources and effective methods for data collection, 
such as logbook reporting or trained fisheries observers'' to 
address depredation data gaps in many fisheries.\6\
---------------------------------------------------------------------------
    \5\Interactions Between Bottlenose Dolphins and Sharks and 
Commercial, For-Hire, and Private Recreational Fisheries in the Gulf Of 
Mexico and South Atlantic. https://media.fisheries.noaa.gov/2022-08/
NMFS-Assessment-Fishing-Interference-RTC-08_29_22.pdf.
    \6\Mitchell, J. D., D. L. McLean, S. P. Collin, and T. J. Langlois. 
``Shark depredation in commercial and recreational fisheries.'' Reviews 
in Fish Biology and Fisheries 28 (2018): 715-748. https://
link.springer.com/article/10.1007/s11160-018-9528-z.
---------------------------------------------------------------------------
    Depredation is a complex issue, and mitigation measures 
must be considered in the context of recovering shark 
populations and protecting the marine ecosystem. Increasing 
rates of depredation can result in higher bycatch, reduced 
operational efficiency of fisheries, and increasing negative 
perceptions of sharks or retaliatory shark killings by anglers, 
each of which poses significant threats to the economic 
viability of fisheries and the potential recovery of shark 
species.\7\
---------------------------------------------------------------------------
    \7\Mitchell, J.D., Drymon, J.M., Vardon, J., Coulson, P.G., 
Simpfendorfer, C.A., Scyphers, S.B., Kajiura, S.M., Hoel, K., Williams, 
S., Ryan, K.L. and Barnett, A., 2023. ``Shark depredation: future 
directions in research and management.'' Reviews in fish biology and 
fisheries, 33(2), pp. 475-499. https://link.springer.com/article/
10.1007/s11160-022-09732-9.
---------------------------------------------------------------------------
    A review published this year by Mitchell et al. titled 
``Shark depredation: future directions in research and 
management''\8\ and NOAA's report to Congress on shark 
depredation in the Gulf of Mexico and South Atlantic Region\9\ 
address many of the topics outlined in this bill and provide 
suggestions for research, management, and stakeholder 
engagement based on gaps in current data and proven strategies 
for reducing shark depredation.
---------------------------------------------------------------------------
    \8\Ibid.
    \9\Interactions Between Bottlenose Dolphins and Sharks and 
Commercial, For-Hire, and Private Recreational Fisheries in the Gulf Of 
Mexico and South Atlantic. https://media.fisheries.noaa.gov/2022-08/
NMFS-Assessment-Fishing-Interference-RTC-08_29_22.pdf.
---------------------------------------------------------------------------
    Any actions on shark depredation should be based on 
understanding shark ecology and the ways angler behavior or 
deterrents may be used to reduce depredation, rather than 
``managing'' sharks. The use of the term ``management'' in H.R. 
4051, as defined in Magnuson-Stevens, can allow for the take of 
sharks.\10\ Instead, any strategies to reduce depredation 
should focus on non-lethal methods that reduce harm to sharks 
and the marine ecosystem.
---------------------------------------------------------------------------
    \10\16 U.S.C. 1802 MSA Sec. 3, https://media.fisheries.noaa.gov/
dam-migration/msa-amended-2007.pdf.

                                          Raul M. Grijalva,
              Ranking Member, House Committee on Natural Resources.