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.