Driftnet Modernization and Bycatch Reduction Act

Floor Speech

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Mr. HUFFMAN. Mr. Speaker, I move to suspend the rules and pass the bill (S. 906) to improve the management of driftnet fishing.

The Clerk read the title of the bill.

The text of the bill is as follows: S. 906

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 ``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, without appropriation or fiscal year limitation, 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).

Mr. Speaker, I am proud today to speak in favor of the Driftnet Modernization and Bycatch Reduction Act. This was sent to us by the Senate on voice vote and sponsored by California Senator Dianne Feinstein.

I applaud our colleagues in the Senate for sending us meaningful bipartisan bills--for a change--that were overwhelmingly improved. I hope my colleagues in the House will join me in this bipartisan effort to conserve our oceans and wildlife.

I would also like to applaud the recreational fishing and conservation community for their leadership on this bill.

Large-scale drift gillnets--or driftnets, as they are called--are wasteful, and they are an outdated type of fishing gear. At 2 kilometers long, their purpose is to simply drift along through ocean currents and catch whatever they may find in their long webbing.

The only large-scale driftnet fishery in the country today is the West Coast swordfish fishery, where these driftnets are used to catch swordfish and other commercially valuable species such as thresher, mako shark, and opah.

But a 2-kilometer-long net in the ocean catches far more than these target species. Driftnets are indiscriminate. They catch sea turtles, bottlenose dolphins, and short-finned pilot whales.

During the committee hearing on this bill, my Republican colleague, Garret Graves, joked that California is finally catching up with his State of Louisiana because they ended driftnet fishing in 1995, to which I say: Good for Louisiana. Elsewhere around the world, driftnets have been banned due to the high rate of bycatch.

This important legislation would amend the Magnuson-Stevens Fishery Conservation and Management Act to direct the Secretary of Commerce to conduct a transition program to phase out the use of these large-scale driftnets and to facilitate the adoption of alternative fishing gear.

This transition program is supported by key stakeholders. A majority of active permit holders submitted their intent to participate in the program, and a nonprofit has invested $1 million to help these fishermen transition.

It is important to note that there really are great alternatives to drift gillnets, like deep-set buoys, which have a lower bycatch rate and can actually fetch higher market rates for fishermen.

This bill would also prohibit the use of large-scale driftnet fishing by all U.S. vessels within the U.S. exclusive economic zone within 5 years.

Let's join the rest of the world and end the use of drift gillnets. The Senate passed this bill in July, and I urge my colleagues in the House to do the same now.

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Mr. HUFFMAN. Mr. Speaker, for those folks who had the word ``diktat'' on their bingo card, you are a big winner today.

Mr. Speaker, I want to thank my colleague for that, but when he describes this bill as extreme, overreaching, and draconian, he left out the fact that 28 of the 31 fishermen in this particular fishery have already agreed to participate in the transition program that this bill provides. My hope is that the three holdouts will take advantage of the transition assistance being offered and join the rest of their peers.

Also, when my colleague mentions far-left Democrats driving this bill, he forgets to mention the long list of Republicans in both the House and Senate who are supporting this bill.

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Mr. HUFFMAN. Mr. Speaker, I have no other speakers, and I reserve the balance of my time.

Mr. Speaker, the gentleman has raised the issue of foreign fleets using these drift gillnets a couple of times now. Let me briefly speak to that, and I will close.

Of course, we need to do something about those bad practices by foreign fleets, but in order to do that, in order to restrict the importation of seafood that is caught through unsustainable practices by foreign fleets, we have to hold our own fleets to this higher standard of sustainability and bycatch reduction. That is what this bill and other efforts in this area are all about.

Mr. Speaker, this is a solidly bipartisan bill. I urge my colleagues to vote ``yes,'' and I yield back the balance of my time.

Mr. TED LIEU of California. Mr. Speaker, I rise today in support of the Driftnet Modernization and Bycatch Reduction Act, bipartisan, bicameral legislation that would phase out the use of large mesh drift gillnets off the coast of California.

Currently, the use of gillnets with a total length of two and one- half kilometers or more is prohibited in U.S. waters. However, off the coast of California, we have seen that drift gillnet fishing gear within the legal federal limit is still having an adverse impact on our Pacific wildlife. While these mile-long gillnets are designed to catch swordfish and thresher sharks, the large mesh net frequently captures many other marine animals as bycatch, injuring or killing them in the process.

The practice of drift gillnet fishing is an antiquated method for catching swordfish and thresher sharks, and is already banned in many states, including Washington and Oregon. It is time to adopt new fishing technology in order to set a path toward more sustainable fishing. This bill would direct the Secretary of Commerce to conduct a transition program to phase-out large mesh drift gillnet and promote the adoption of alternative fishing practices to minimize the bycatch of marine species.

Bycatch is a lingering problem in fisheries management, and such waste is especially pervasive in driftnet fisheries. We have the prime opportunity today to provide a solution that would improve fishery resource management and provide the swordfish fishery participants the needed support to transition to more selective and sustainable fishing gear. It is a win-win situation.

On July 22, 2020, the Senate passed S. 906 by unanimous consent. There is broad support for this legislation, including endorsements from the American Sportfishing Association, The Pew Charitable Trusts, Humane Society Legislative Fund, Oceana, Theodore Roosevelt Conservation Partnership, and the National Marine Manufacturers Association. In the spirit of bipartisanship, I urge my colleagues in the House to join us in passing this commonsense legislation today. I would like to thank Chairman Grijalva, Congressman Huffman, and Senator Feinstein for their leadership on this issue as well as House and Senate committee staff for their hard work. I look forward to the enactment of this bill.

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