United States 116th Congress ✓ Enacted · P.L. 116-340 Bipartisan · 4 R · 3 D cosponsors

HR 5126 — DESCEND Act of 2020

Last action — Became Public Law No: 116-340.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 15, 2019. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 78% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 7 sponsors

    1 primary, 6 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (4 R · 3 D) — cross-party backing.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

In plain language

The bill requires the use of descending devices for fishing Gulf reef fish.

The DESCEND Act mandates that individuals fishing for Gulf reef fish possess a venting tool or descending device. This aims to reduce fish mortality from barotrauma when releasing caught fish.

What this means for you
  • Fishermen: This means you must carry appropriate gear for releasing fish to minimize barotrauma effects.

Summary

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 commercial and recreational fishermen to possess a venting tool or descending device that is rigged and ready for use when fishing for reef fish in the Gulf of Mexico Exclusive Economic Zone, the Department of Commerce to contract with the National Academy of Sciences to conduct a study and produce a report on discard mortality in the Gulf reef fish fisheries, and Commerce and the Gulf of Mexico Fishery Management Council to develop guidance for reporting discards and associated mortality and develop a plan to assess the effectiveness and usage of barotrauma-reducing devices.

Bill Text

What changed in the latest version

92 added · 79 removed

Plain-language change summary

The amendment adds a requirement for a descending device when releasing fish that show signs of barotrauma, emphasizing its necessity for possession under the specified section. Additionally, it directs the Secretary of Commerce to collaborate with the Gulf of Mexico Fishery Management Council to create educational materials on the use of venting tools and descending devices, while encouraging their use among commercial and recreational fishermen. This change aims to enhance fish conservation efforts and improve fish survival rates after release.

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[Congressional Bills 116th Congress] [From the U.S.
[116th Congress Public Law 340] [From the U.S.
Government Publishing Office] [H.R.
Government Publishing Office] [[Page 5127]] DIRECT ENHANCEMENT OF SNAPPER CONSERVATION AND THE ECONOMY THROUGH NOVEL DEVICES ACT OF 2020 [[Page 134 STAT.
5126 Referred in Senate (RFS)] <DOC> 116th CONGRESS 2d Session H.
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.
R.
<<NOTE:
5126 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES October 19, 2020 Received;
Jan.
read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ AN ACT To require individuals fishing for Gulf reef fish to use certain descending devices, and for other purposes.
13, - [H.R.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.
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.
et seq.) is amended by adding at the end the following:
1851 et seq.) is amended by adding at the end the following:
REQUIRED POSSESSION OF DESCENDING DEVICES.
<<NOTE:
16 USC 1870.>> REQUIRED POSSESSION OF DESCENDING DEVICES.
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.
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) Effective Date.--The amendments made by this Act shall take effect 1 year after the date of the enactment of this Act.
(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.
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:
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:
(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.
(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.
(2) in section 308(a), by striking ``or section 321'';
(2) <<NOTE:
and (3) by striking section 321.
16 USC 1858.>> in section 308(a), by striking ``or section 321'';
and (3) <<NOTE:
16 USC 1870.>> by striking section 321.
IMPROVING DISCARD MORTALITY DATA.
<<NOTE:
(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.
16 USC 1865 note.
The study shall include-- (1) assessment of gaps and biases in reporting of discards and associated discard mortality;
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;
(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.
(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.
(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;
(c) <<NOTE:
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.
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.
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.
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.
Show all 55 changed rows (15 more)
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Passed the House of Representatives October 1, 2020.
5131]] Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
Attest:
Approved January 13, 2021.
CHERYL L.
LEGISLATIVE HISTORY--H.R.
JOHNSON, Clerk.
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>
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How this bill changes current law

7 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill mandates the use of venting tools or descending devices for fishing Gulf reef fish to reduce post-release mortality.

  • 16 U.S.C. § 1870

    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.

    This establishes a legal requirement for fishermen to carry specific gear when fishing for Gulf reef fish.

  • 16 U.S.C. § 1858(a)

    section 307 → section 321

    This expands the existing regulations on civil penalties to include violations of the new section requiring descending devices.

  • 16 U.S.C. § 1851 et seq.

    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.

    This provides a specific definition for descending devices, clarifying what kind of equipment is required.

  • 16 U.S.C. § 1851 et seq.

    The term 'venting tool' has the meaning given to it by the Gulf of Mexico Fishery Management Council.

    This clarifies the definition of a venting tool, linking it to regulatory standards set by the Gulf of Mexico Fishery Management Council.

  • 16 U.S.C. § 1851 et seq.

    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.

    This establishes a clear definition for Gulf reef fish, identifying which species are subject to the new regulations.

  • 16 U.S.C. § 1851 et seq.

    No provision of this section shall be interpreted to affect any program or activity carried out by the Gulf Coast Ecosystem Restoration Council...

    This ensures that the new provisions do not interfere with existing Gulf Coast restoration efforts.

  • 16 U.S.C. § 1851 et seq.

    Five years after the date of the enactment of this Act...

    This introduces a sunset clause for the regulations, requiring them to be reviewed and potentially repealed after five years.

Action History

  1. Introduced in House

  2. Introduced in House

  3. Referred to the House Committee on Natural Resources.

  4. Referred to the Subcommittee on Water, Oceans, and Wildlife.

  5. Subcommittee Hearings Held.

  6. Subcommittee on Water, Oceans, and Wildlife Discharged.

  7. Committee Consideration and Mark-up Session Held.

  8. Ordered to be Reported (Amended) by Unanimous Consent.

  9. Reported (Amended) by the Committee on Natural Resources. H. Rept. 116-531.

  10. Reported (Amended) by the Committee on Natural Resources. H. Rept. 116-531.

  11. Placed on the Union Calendar, Calendar No. 431.

  12. Mrs. Dingell moved to suspend the rules and pass the bill, as amended.

  13. Considered under suspension of the rules. (consideration: CR H5176-5178)

  14. DEBATE - The House proceeded with forty minutes of debate on H.R. 5126.

  15. Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.

  16. On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H5176)

  17. Motion to reconsider laid on the table Agreed to without objection.

  18. Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.

  19. Senate Committee on Commerce, Science, and Transportation discharged by Unanimous Consent.

  20. Senate Committee on Commerce, Science, and Transportation discharged by Unanimous Consent. (consideration: CR S7902)

  21. Passed/agreed to in Senate: Passed Senate without amendment by Voice Vote.

  22. Passed Senate without amendment by Voice Vote.

  23. Message on Senate action sent to the House.

  24. Presented to President.

  25. Presented to President.

  26. Signed by President.

  27. Signed by President.

  28. Became Public Law No: 116-340.

  29. Became Public Law No: 116-340.

Sponsors

Sponsorship breakdown

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1 sponsors · 6 co-sponsors · 540 not signed on

Sponsors (1)

Co-sponsors (6)

Not signed on (540)

540 members have not signed on to this bill.

Show all 540 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

What does HR 5126 do?
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 commercial and recreational fishermen to possess a venting tool or descending device that is rigged and ready for use when fishing for reef fish in the Gulf of Mexico Exclusive Economic Zone, the Department of Commerce to contract with the National Academy of Sciences to conduct a study and produce a report on discard mortality in the Gulf reef fish fisheries, and Commerce and the Gulf of Mexico Fishery Management Council to develop guidance for reporting discards and associated mortality and develop a plan to assess the effectiveness and usage of barotrauma-reducing devices.
Who sponsors HR 5126?
HR 5126 is sponsored by Graves, Garret (Republican), Huffman, Jared (Democratic), Palazzo, Steven M. (Republican), Cunningham, Joe (Democratic), Rooney, Francis (Republican), Veasey, Marc A. (Democratic), and Webster, Daniel (Republican).
What is the current status of HR 5126?
This bill has been enacted into law. Introduced November 15, 2019. Enacted.
Where can I track HR 5126?
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