Direct Enhancement of Snapper Conservation and the Economy through Novel Devices Act of 2020 or the DESCEND Act of 2020
This bill addresses the use of descending devices to release reef fish in the Gulf of Mexico. (A descending device is an instrument that will release fish at a depth sufficient for the fish to be able to recover from the effects of barotrauma.)
Specifically, the bill requires
[116th Congress Public Law 340]
[From the U.S. Government Publishing Office]
[[Page 5127]]
DIRECT ENHANCEMENT OF SNAPPER
CONSERVATION AND THE ECONOMY
THROUGH NOVEL DEVICES ACT OF 2020
[[Page 134 STAT. 5128]]
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. <<NOTE: Jan. 13,
2021 - [H.R. 5126]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Direct
Enhancement of Snapper Conservation and the Economy through Novel
Devices Act of 2020. 16 USC 1801 note.>>
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. <<NOTE: 16 USC 1870.>> 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
[[Page 134 STAT. 5129]]
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) <<NOTE: 16 USC 1858 note.>> 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) <<NOTE: 16 USC 1858 note.>> 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) <<NOTE: 16 USC 1858.>> in section 308(a), by striking
``or section 321''; and
(3) <<NOTE: 16 USC 1870.>> by striking section 321.
SEC. 4. <<NOTE: 16 USC 1865 note. Deadline. Study. Reports.>>
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
[[Page 134 STAT. 5130]]
and produce a report on discard mortality in the Gulf of Mexico reef
fish fisheries. <<NOTE: Assessments. Recommenda- tions.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Assessment.>> 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 134 STAT. 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.
<all>
Reported (Amended) by the Committee on Natural Resources. H. Rept. 116-531.
Placed on the Union Calendar, Calendar No. 431.
Mrs. Dingell moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H5176-5178)
DEBATE - The House proceeded with forty minutes of debate on H.R. 5126.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5176)
Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
Senate Committee on Commerce, Science, and Transportation discharged by Unanimous Consent.
Senate Committee on Commerce, Science, and Transportation discharged by Unanimous Consent. (consideration: CR S7902)
Enacted as Public Law 116-340
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Passed/agreed to in Senate: Passed Senate without amendment by Voice Vote.
Passed Senate without amendment by Voice Vote.
Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 116-340.
Became Public Law No: 116-340.