S.Amdt. 4083

SA 4083. Mrs. FEINSTEIN (for herself and Mr. Padilla) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. IMPROVING THE MANAGEMENT OF DRIFTNET FISHING.

(a) Short Title.--This section may be cited as the
``Driftnet Modernization and Bycatch Reduction Act''.
(b) 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''.
(c) Findings and Policy.--
(1) Findings.--Section 206(b) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1826(b))
is amended--
(A) in paragraph (6), by striking ``and'' at the end;
(B) in paragraph (7), by striking the period and inserting
``; and''; and
(C) 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.''.
(2) Policy.--Section 206(c) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1826(c)) is
amended--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(4) prioritize the phase out of large-scale driftnet
fishing in the exclusive economic

[[Page S7548]]

zone and promote the development and adoption of alternative
fishing methods and gear types that minimize the incidental
catch of living marine resources.''.
(d) 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.''.
(e) 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''.
(f) Fees.--
(1) 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).
(2) Use of fees.--Any fees collected under this subsection
shall be available for the purposes of--
(A) financing administrative costs of the Recreational
Quota Entity program;
(B) 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);
(C) halibut conservation and research; and
(D) 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).
(3) Limitation on collection and availability.--Fees shall
be collected and available pursuant to this subsection only
to the extent and in such amounts as provided in advance in
appropriations Acts, subject to paragraph (4).
(4) Fee collected during start-up period.--Notwithstanding
paragraph (3), 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.
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