Direct Enhancement of Snapper Conservation and the Economy Through Novel Devices Act of 2020

Floor Speech

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Mrs. DINGELL. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5126) to require individuals fishing for Gulf reef fish to use certain descending devices, and for other purposes, as amended.

The Clerk read the title of the bill.

The text of the bill is as follows: H.R. 5126

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

Mr. Speaker, I rise in support of H.R. 5126, the creatively and aptly named Direct Enhancement of Snapper Conservation and the Economy Through Novel Devices Act, or the DESCEND Act.

This bill requires every commercial and recreational fisherman to possess a venting tool or a descending device when fishing for reef fish, like the prized red snapper, in the Gulf of Mexico EEZ.

In addition, the bill requires the Department of Commerce to contract with the National Academy of Sciences for a report on discard mortality in Gulf reef fish fisheries.

The bill also requires Commerce and the Gulf Fishery Management Council to develop guidance for reporting discards and associated mortality and to develop a plan to assess the effectiveness and usage of barotrauma-reducing devices.

The United States has some of the most sustainable fisheries in the world, but the issue of bycatch is still a very serious concern. Anglers sometimes catch fish that they don't want or are allowed to keep, so they need to be returned to the ocean. According to some estimates, global bycatch may amount to 10 percent of the world's total catch.

However, deepwater reef fish like snapper and grouper experience pressure changes when they are brought to the surface. This can damage the fish's swim bladder and even cause death, and it can also leave injured fish exposed to predators at the surface. If the fish are just thrown back, it is very likely that they will die, which is both a waste and unhelpful for promoting healthy fish populations.

Fishers can help reduce this mortality by using a venting tool or a descending device, which is inexpensive, and ease the pressure changes in these fish. Similar requirements exist in other parts of the country but have been held up in the Gulf.

The DESCEND Act would get around the bureaucratic roadblock and implement this commonsense, proconservation practice. This bill offers a simple path forward for reducing the mortality of some of the most prized reef fish in this country, which will serve to create the more sustainable, profitable, and enjoyable fisheries for anglers in this Nation.

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Mrs. DINGELL. Mr. Speaker, I have no further requests for time, and I would inquire whether my colleague has any remaining speakers.

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Mrs. DINGELL. I am prepared to close if the gentleman is, Mr. Speaker.

I want to thank my colleague, Mr. Graves, for all of the work that he has done.

There was a lot of discussion that we had in committee on snapper. I want to thank both of my Republican colleagues and suggest that we go fishing, because there was a trip with several colleagues here who all thought I would catch nothing, and I caught more than they all caught together, so I think we need a bipartisan fishing trip.

Having said that, Mr. Speaker, I would like to thank all of, again, the leadership of the Natural Resources Committee, the sportsmen's groups, and everybody who worked on this to try to find consensus on something that does matter.

The DESCEND Act will help safeguard our reef ecosystems and help eliminate bycatch in a sustainable way.

I thank my colleagues for the good work. Some of it got tense. I also want to thank Representative Huffman for his work on the bill.

Mr. Speaker, I urge my colleagues to support this legislation, and I yield back the balance of my time.

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