[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4938 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4938
To reduce trawl gear impacts on bycatch and seafloor habitat in the
Bering Sea, Aleutian Islands, and Gulf of Alaska, to establish gear
performance standards, seafloor contact detection, and salmon excluder
requirements, to improve Council transparency and participation, to
prioritize ecosystem analyses, to modernize electronic monitoring, to
prohibit unsustainable foreign seafood imports, and to establish a
Bycatch Mitigation and Habitat Protection Assistance Fund.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 24, 2026
Mr. Sullivan introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To reduce trawl gear impacts on bycatch and seafloor habitat in the
Bering Sea, Aleutian Islands, and Gulf of Alaska, to establish gear
performance standards, seafloor contact detection, and salmon excluder
requirements, to improve Council transparency and participation, to
prioritize ecosystem analyses, to modernize electronic monitoring, to
prohibit unsustainable foreign seafood imports, and to establish a
Bycatch Mitigation and Habitat Protection Assistance Fund.
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 ``Bycatch Reduction Act''.
SEC. 2. ENSURING MID-WATER NETS DO NOT OPERATE LIKE BOTTOM TRAWL GEAR.
(a) In General.--The North Pacific Fishery Management Council
shall--
(1) establish a pelagic trawl gear performance standard for
vessels using pelagic trawl gear in fisheries managed under the
Bering Sea and Aleutian Islands Groundfish Fishery Management
Plan and Gulf of Alaska Groundfish Fishery Management Plan
(referred to in this section as ``applicable vessels''); and
(2) implement enforceable regulations to manage gear
impacts from such applicable vessels on benthic habitat and
reduce unobserved mortality on important subsistence,
commercial, or recreational species during fishing operations.
(b) Establish a Pelagic Trawl Gear Baseline.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the North Pacific Fishery Management
Council shall use methods, such as gear design standards, model
and field testing verification, sensors, or technology, to
identify the current baseline of the effects of pelagic trawl
gear on marine benthic habitat in areas managed under the
Bering Sea and Aleutian Islands Groundfish Fishery Management
Plan and Gulf of Alaska Groundfish Fishery Management Plan.
(2) Independent review.--The North Pacific Fishery
Management Council shall enter into an agreement with the
National Academies of Sciences, Engineering, and Medicine to
review the methodology, data, and findings used to identify the
baseline under paragraph (1). The results of the review shall
be made publicly available.
(c) Regulations.--Following the identification of the pelagic trawl
gear baseline under subsection (b), the Administrator of the National
Oceanic and Atmospheric Administration (referred to in this Act as the
``Administrator''), in consultation with the North Pacific Fishery
Management Council, shall promulgate regulations to reduce impacts
relative to such baseline from pelagic trawl gear, including through--
(1) requiring gear modifications to pelagic trawl gear,
including requiring applicable vessels to be equipped with a
commercially available seafloor contact detection system
capable of monitoring and verifying the net position and
clearance of pelagic trawl gear in relation to the seafloor;
(2) reductions in the amount of fishing effort that results
in pelagic trawl gear making contact with the marine benthic
habitat in areas that are closed to nonpelagic trawl gear;
(3) prohibitions on fishing by pelagic trawl gear in areas
closed to nonpelagic trawl gear; or
(4) prohibitions in fishing by pelagic trawl gear if there
are any areas identified in section 6(c)(4) that support
juvenile recruitment of important subsistence, commercial, or
recreational species.
(d) Monitoring; Data Retention and Access.--In providing
consultation to the Administrator for the promulgation of regulations
under subsection (c)(1), the North Pacific Fishery Management Council
shall consider--
(1) establishing protocols for the collection, storage, and
submission of data related to the use of pelagic trawl gear;
(2) requiring real-time or near-real-time monitoring of
such data, with transmission of such data each week to support
compliance monitoring and enforcement;
(3) ensuring seafloor contact detection systems are
compatible with existing electronic monitoring or observer
programs implemented by the National Marine Fisheries Service;
and
(4) establishing requirements for the retention,
submission, and confidentiality of data collected under this
section consistent with section 402 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1881a).
(e) Enforcement.--An applicable vessel that fails to comply with
the regulations promulgated under this section shall be deemed to have
violated the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.) and shall be subject to the penalties and
sanctions, including civil penalties, permit sanctions, or other
enforcement actions, provided under such Act.
(f) Consultation.--In implementing this section, the Administrator
and the North Pacific Fishery Management Council shall consult with
affected subsistence, commercial, and recreational participants,
including harvesters, processors, communities, and community
development quota groups.
SEC. 3. GETTING TRAWL NETS OFF THE SEAFLOOR TO REDUCE UNOBSERVED
FISHING MORTALITY AND HABITAT IMPACTS.
(a) In General.--
(1) Gear performance standards.--The North Pacific Fishery
Management Council shall establish a gear performance standard
system for applicable vessels using nonpelagic trawl gear in
fisheries managed under the Bering Sea and Aleutian Islands
Groundfish Fishery Management Plan and Gulf of Alaska
Groundfish Fishery Management Plan to manage gear impacts on
benthic habitat and reduce unobserved mortality on important
subsistence, commercial, or recreational species during fishing
operations.
(2) Applicable vessel.--In this section, the term
``applicable vessel'' means a trawl catcher/processor vessel
that is not eligible to harvest pollock under section 208 of
the American Fisheries Act (16 U.S.C. 1851 note).
(b) Performance Review and Standards.--Not later than 1 year after
the date of enactment of this Act, the Administrator shall--
(1) deliver a report to the North Pacific Fishery
Management Council that--
(A) identifies, using methods such as gear design
standards, model and field testing verification,
sensors, or technology, the current baseline of the
effects of nonpelagic trawl gear on marine benthic
habitat in areas managed under the Bering Sea and
Aleutian Islands Groundfish Fishery Management Plan and
Gulf of Alaska Groundfish Fishery Management Plan; and
(B) describes nonpelagic trawl gear regulations for
applicable vessels and analyzes the potential impacts
to marine benthic habitat and bycatch from modifying
nonpelagic trawl gear; and
(2) establish a 1-year phase in period that requires each
applicable vessel to be equipped with a modified footrope and
modified trawl sweeps, as applicable, to reduce seafloor
contact and maximize seafloor clearance relative to such
baseline from applicable vessels using nonpelagic trawl gear.
(c) Independent Review.--The Administrator shall enter into an
agreement with the National Academies of Sciences, Engineering, and
Medicine to review the methodology, data, and findings used to identify
the baseline under subsection (b)(1)(A). The results of the review
shall be made publicly available.
(d) Full Compliance.--The Administrator shall require full
compliance with the requirements of this section not later than 2 years
after the date of enactment of this Act.
(e) Enforcement.--An applicable vessel that fails to comply with
the requirements of this section or regulations issued under this
section shall be deemed to have violated the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.) and shall be
subject to the penalties and sanctions, including civil penalties,
permit sanctions, or other enforcement actions, provided under such
Act.
(f) Consultation.--In implementing this section, the Administrator
and the North Pacific Fishery Management Council shall consult with
affected subsistence, commercial, and recreational participants,
including harvesters, processors, communities, and community
development quota groups.
SEC. 4. IMPROVING PUBLIC TRANSPARENCY AND INCREASING PARTICIPATION IN
THE NORTH PACIFIC FISHERY MANAGEMENT COUNCIL PROCESS.
(a) Regional Fishery Management Councils.--Section 302 of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1852) is amended--
(1) in subsection (e), by striking paragraph (5) and
inserting the following:
``(5) Each Council shall hold a recorded vote on all non-
procedural matters before the Council. The official minutes and
other appropriate records of any Council meeting shall identify
all roll call votes held, the name of each voting member
present during each roll call vote, and how each member voted
on each roll call vote.'';
(2) in subsection (i)(2), by adding at the end the
following:
``(G) Each Council shall make available on the internet
website of the Council--
``(i) to the extent practicable, a webcast, an
audio recording, or a live broadcast of each meeting of
the Council, and of the Council coordination committee
established under subsection (l), that is not closed in
accordance with paragraph (3); and
``(ii) audio, video (if the meeting was in person
or by video conference), or a searchable audio or
written transcript of each meeting of the Council and
of the meetings of advisory bodies of the Council, by
not later than 30 days after the conclusion of the
meeting.
``(H) The Secretary shall maintain and make available to
the public a permanent online archive of each webcast, audio,
broadcast, video, and transcript made available under clauses
(i) and (ii) of subparagraph (G).'';
(3) in subsection (j)--
(A) in paragraph (1), by striking subparagraph (B)
and inserting the following:
``(B) the term `designated official' means an
attorney employed in the Office of the General Counsel
of the National Oceanic and Atmospheric Administration
who--
``(i) has expertise in Federal conflict-of-
interest requirements; and
``(ii) is designated by the Secretary, in
consultation with a Council, to attend the
meetings of such Council and make
determinations under paragraph (7)(B).'';
(B) in paragraph (2)(C), by inserting
``contractor,'' after ``partner,''; and
(C) in paragraph (5)(B), by striking ``on the
Internet'' and inserting ``on the internet website of
National Oceanic and Atmospheric Administration, on the
internet website of the applicable Council,''.
(b) North Pacific Fishery Management Council Written Public Comment
Procedure.--Not later than 180 days after the date of enactment of this
Act, the North Pacific Fishery Management Council shall update its
Public Comment Policy and provide a minimum comment period of 4 weeks
before the start of the Council meeting.
(c) National Oceanic and Atmospheric Administration Recusal Review
Process.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall conduct a
comprehensive review of the financial interest and recusal
procedures under section 302(j) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1852(j)) and the
regulations promulgated to carry out such section, including
section 600.235 of title 50, Code of Federal Regulations (or
successor regulations).
(2) Compliance.--The review under paragraph (1) shall
evaluate whether there has been compliance with regulatory
requirements promulgated to carry out section 302(j) of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1852(j)), including timely submission of disclosures and
the effectiveness and consistency of recusal determinations.
(3) Identification of gaps and weaknesses.--The
Administrator shall include, as part of the annual report to be
submitted in 2027, in accordance with section 302(j)(9) of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1852(j)(9)), a section identifying any gaps or
weaknesses in the current disclosure and recusal process and
providing recommendations on defining or clarifying the recusal
standards.
SEC. 5. REQUIRING SALMON EXCLUDERS IN THE NORTH PACIFIC.
(a) In General.--The North Pacific Fishery Management Council shall
require all vessels using pelagic trawl gear in fisheries managed under
the Bering Sea and Aleutian Islands Groundfish Fishery Management Plan
and Gulf of Alaska Groundfish Fishery Management Plan (referred to in
this section as ``applicable vessels'') to be equipped with a salmon
excluder device.
(b) Gear Requirements.--Not later than 1 year after the date of
enactment of this Act, the North Pacific Fishery Management Council
shall require each applicable vessel to be equipped with a salmon
excluder device that is operational and has been field tested,
scientifically reviewed, and verified to reduce salmon bycatch
effectively.
(c) Salmon Excluder Devices.--The Administrator shall--
(1) support field testing and scientific review of salmon
excluder devices; and
(2) implement an outreach strategy to ensure industry
adoption.
(d) Technical Assistance and Guidance.--The Administrator shall
provide technical assistance and guidance to applicable vessel
operators to facilitate installation and use of approved salmon
excluder devices.
(e) Full Compliance.--The Administrator shall require full
compliance with the requirements of this section not later than 1 year
after the date of enactment of this Act.
(f) Enforcement.--An applicable vessel that fails to comply with
the requirements of this section or regulations issued under this
section shall be deemed to have violated the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.) and shall be
subject to the penalties and sanctions, including civil penalties,
permit sanctions, or other enforcement actions, provided under such
Act.
(g) Consultation.--In developing regulations to implement this
section, the Administrator and the North Pacific Fishery Management
Council shall consult with affected fishing industry participants,
including harvesters, processors, communities, and community
development quota groups.
SEC. 6. PRIORITIZING FOUNDATIONAL INVESTIGATIONS AND ECOSYSTEM ANALYSES
TO REDUCE BYCATCH AND SEAFLOOR IMPACTS.
(a) Reconstitution of the Alaska Salmon Research Task Force.--
(1) In general.--The Administrator shall reconstitute the
membership of the Alaska Salmon Research Task Force, as
described in the Alaska Salmon Research Task Force Act (Public
Law 117-328; 136 Stat. 5271).
(2) Bycatch reduction task force.--The reconstituted
membership described in paragraph (1) shall be referred to as
the ``Bycatch Reduction Task Force''.
(3) Members.--The Secretary of Commerce shall appoint an
additional 7 representatives to the Bycatch Reduction Task
Force as follows:
(A) 3 members who are academic experts, of which 1
member shall be an expert in salmon ecology, 1 member
shall be an expert in groundfish ecology, and 1 member
shall be an expert in invertebrate ecology.
(B) 1 member who is a resident of the Bering Sea or
Aleutian Islands region and 1 member who is a resident
of the Gulf of Alaska region.
(C) 2 members who are subject matter experts with
trawl fishing gear technology and its operations.
(4) Duties.--The Bycatch Reduction Task Force shall--
(A) review all research conducted and reports
published under this section; and
(B) in consultation with the Administrator, provide
priority recommendations for future work as described
in subsection (d)(2).
(5) Inapplicability of federal advisory committee act.--
Chapter 10 of title 5, United States Code (commonly known as
the ``Federal Advisory Committee Act''), shall not apply to the
Bycatch Reduction Task Force. Notwithstanding the
inapplicability of chapter 10 of title 5, United States Code,
the Administrator shall, to the maximum extent practicable and
consistent with protection of confidential and proprietary
information, make publicly available on an internet website--
(A) the membership of the Bycatch Reduction Task
Force;
(B) meeting dates and agendas of the Bycatch
Reduction Task Force;
(C) non-proprietary materials provided to or
produced by the Bycatch Reduction Task Force; and
(D) a mechanism for the public to submit written
statements for consideration by the Bycatc