    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 116-340
    116th Congress

    An Act

    To require individuals fishing for Gulf reef fish to use certain
    descending devices, and for other purposes. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. SHORT TITLE.

    This Act may be cited as the ``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

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    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 the
    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 the 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.--Not later than 60 days after the date of the
    enactment of this Act, the Secretary shall enter into an agreement with
    the National Academy of Sciences to conduct a study

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    and produce a report on discard mortality in the Gulf of Mexico reef
    fish fisheries. <>  The 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) <>  Deadlines.--Not later than 2 years after the
    date of the enactment of this Act, the National Academy of Sciences
    shall complete the study required under subsection (a) and transmit the
    final report to the Secretary. Not later than 3 months after receiving
    the study and report in accordance with this subsection, the Secretary
    shall submit the study and report to the Committee on Commerce, Science,
    and Transportation of the Senate and the Committee on Natural Resources
    of the House of Representatives.

    (c) <>  Plan.--Not later than 1 year after the
    Secretary receives the study and report required under subsection (a),
    Secretary and the Gulf of Mexico Fishery Management Council shall
    develop--
    (1) guidance for minimum standards for quantifying and
    reporting discards and associated mortality in the Gulf of
    Mexico Reef Fish Fishery Management Plan; and
    (2) <>  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.--Not later than 3 years after developing
    minimum standards and developing the assessment and monitoring plan
    under 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.
    SEC. 5. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying with
    the Statutory Pay-As-You-Go Act of 2010, shall be determined by
    reference to the latest statement titled ``Budgetary Effects of PAYGO
    Legislation'' for this Act, submitted for printing in the

    [[Page 5131]]

    Congressional Record by the Chairman of the House Budget Committee,
    provided that such statement has been submitted prior to the vote on
    passage.

    Approved January 13, 2021.

    LEGISLATIVE HISTORY--H.R. 5126:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 116-531 (Comm. on Natural Resources).
    CONGRESSIONAL RECORD, Vol. 166 (2020):
    Oct. 1, considered and passed House.
    Dec. 21, considered and passed Senate.