H.R. 5638House115th Congress (2017-2019)In Committee

Driftnet Modernization and Bycatch Reduction Act

Sponsored by Ted LieuRep. Ted Lieu (D-CA)
Introduced April 26, 2018

AI-Generated Summary

Updated April 15, 2026 at 9:34 PM UTC

The Driftnet Modernization and Bycatch Reduction Act updates the Magnuson‑Stevens Fishery Conservation and Management Act to better manage large‑scale driftnet fishing. It defines such nets, acknowledges their harmful bycatch impacts, and directs the phase‑out of these nets in U.S. waters while encouraging the use of gear that catches fewer non‑target species. The bill also establishes a transition program that provides limited funding to help fishers give up driftnet permits and switch to alternative gear.

Key Provisions

  • Adds a definition that large‑scale driftnet fishing includes nets with a mesh size of 14 inches or larger.
  • States that such driftnets in the U.S. exclusive economic zone cause significant bycatch of protected marine species.
  • Sets policy to prioritize phasing out large‑scale driftnet fishing and to promote alternative gear that reduces incidental catch.
  • Creates a Fishing Gear Transition Program, allowing the Secretary of Commerce to fund fishers who surrender driftnet permits, forfeit driftnet gear, or purchase low‑bycatch alternative gear, provided the permits are permanently revoked and no new permits are issued.
  • Appropriates up to $450,000 per year for FY 2018‑2020 to support the transition program.
  • Adds an exception allowing driftnet fishing that uses nets shorter than 2.5 km with mesh of 14 inches or greater if it occurs before Jan 1 2020.

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Water, Power and Oceans.

May 8, 2018

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HouseIntro Referral

Introduced in House

April 26, 2018

HouseIntro Referral

Referred to the House Committee on Natural Resources.

April 26, 2018

HouseCommittee

Referred to the Subcommittee on Water, Power and Oceans.

May 8, 2018

Floor Debate

6 members

What members said about H.R. 5638 on the floor

4 Republicans2 Democrats
Lamar Smith
Rep. Lamar SmithR-TX-21 · Jan 24, 2017

Madam Speaker, I move to suspend the rules and pass the bill (H.R. 589) to establish Department of Energy policy for science and energy research and development programs, and reform National…

Ed Perlmutter
Rep. Ed PerlmutterD-CO-7 · Jan 24, 2017

Madam Speaker, I yield myself such time as I may consume. I thank the chairman and the ranking member, Eddie Bernice Johnson, for bringing this bill to the floor today. It has been a long time in…

Randy Hultgren
Rep. Randy HultgrenR-IL-14 · Jan 24, 2017

Madam Speaker, I want to give a sincere thank-you to our distinguished chairman, Mr. Smith--the chairman of the Committee on Science, Space, and Technology--for his work in this Congress and in past…

Stephen Knight
Rep. Stephen KnightR-CA-25 · Jan 24, 2017

I thank the chairman and the ranking member for their leadership on this. Madam Speaker, H.R. 589, the Department of Energy Research and Innovation Act, sets congressional priorities for basic…

Eddie Bernice Johnson
Rep. Eddie Bernice JohnsonD-TX-30 · Jan 24, 2017

Mr. Speaker, I rise today to support H.R. 589, the Department of Energy Research and Innovation Act, which I am very pleased to co-sponsor. This bill comprises a significant set of provisions that…

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Randy K. Weber, Sr.
Rep. Randy K. Weber, Sr.R-TX-14 · Jan 24, 2017

Mr. Speaker, I rise in support of H.R. 589, the Department of Energy Research and Innovation Act. H.R. 589 provides policy direction to the Department of Energy on basic science research, nuclear…

Bill Text

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Introduced in HouseIssued April 26, 2018

I

115th CONGRESS

2d Session

H. R. 5638

IN THE HOUSE OF REPRESENTATIVES

April 26, 2018

Mr. Ted Lieu of California introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

To improve the management of driftnet fishing.

1.

Short title

This Act may be cited as the Driftnet Modernization and Bycatch Reduction Act.

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.

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 reduce the incidental catch of living marine resources to the maximum extent possible.

.

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

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.

(2)

Permissible uses

(A)

In general

The Secretary is authorized to provide funding to fishery participants for one or more of the following:

(i)

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.

(ii)

A forfeiture of fishing gear associated with a permit described in clause (i).

(iii)

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.

(B)

Payment condition

The Secretary may not make a payment to a fishery participant under subparagraph (A) unless the Secretary certifies that the permit authorizing participation has been permanently revoked and that no new permits will be issued to authorize such fishing.

(3)

Authorization of appropriations

There is authorized to be appropriated for purposes of carrying out this subsection, $450,000 for each of fiscal years 2018 through 2020.

.

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 21/2 kilometers and a mesh size of 14 inches or greater; and

(ii)

is conducted prior to January 1, 2020.

.