Gulf of Mexico Red Snapper Conservation Act of 2013 - Directs the Gulf States Marine Fisheries Commission to: (1) prepare and adopt a data collection strategy for the Gulf of Mexico red snapper fishery, including interstate collaboration measures and a plan for annual stock assessments; and (2) prepare, adopt, and submit to the Secretary of Commerce a fishery management plan providing for the conservation and management of Gulf of Mexico red snapper and describing the standards of compliance for Gulf coastal states (Alabama, Florida, Louisiana, Mississippi, and Texas) to use in developing fishery management measures.
Permits an increase in the quota of Gulf of Mexico red snapper apportioned to commercial fishing based on stock assessments. Prohibits such plan, for a three-year period, from reducing such quota, except in the event of a reduction in stock prior to the end of such period in which case the quotas apportioned to all fishing sectors shall be reduced to ensure a sustainable harvest.
Directs the Secretary to determine whether the plan: (1) includes fishery management measures compatible with the Magnuson-Stevens Fishery Conservation and Management Act, and (2) ensures the long-term sustainability of Gulf of Mexico red snapper.
Requires each Gulf coastal state to submit for the Commission's approval appropriate management measures that ensure compliance with the objectives of the fishery management plan. Directs the Secretary, upon receiving the Commission's certification that the management measures of all such states have been approved, to: (1) revoke federal regulations and portions of the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico that conflict with the plan for Gulf of Mexico red snapper, and (2) transfer management of Gulf of Mexico red snapper to such states.
Directs the Commission to determine, periodically, whether state enforcement is satisfactory. Requires the Commission to: (1) offer assistance to noncompliant states, and (2) vote on whether to notify the Secretary when a state remains noncompliant. Authorizes the Secretary to close a fishery within federal waters adjacent to a noncompliant state.
Directs the Secretary to report biennially to Congress, the governor of each Gulf coastal state, and the Commission regarding the economic impacts for the local, regional, and national economy of the Gulf of Mexico red snapper fishery.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3099 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3099
To provide for the development of a fishery management plan for the
Gulf of Mexico red snapper, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 12, 2013
Mr. Miller of Florida (for himself, Mr. Richmond, Mr. Boustany, Mr.
Duncan of South Carolina, Mr. Farenthold, Mr. Latta, Mr. Olson, Mr.
Palazzo, Mr. Rogers of Alabama, Mr. Scalise, Mr. Austin Scott of
Georgia, Mr. Thompson of Mississippi, Mr. Walz, Mr. Westmoreland, and
Mr. Wittman) introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To provide for the development of a fishery management plan for the
Gulf of Mexico red snapper, and for other purposes.
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 ``Gulf of Mexico Red Snapper
Conservation Act of 2013''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Coastal waters.--The term ``coastal waters'' means all
waters of the Gulf of Mexico--
(A) shoreward of the baseline from which the
territorial sea of the United States is measured; and
(B) seaward from the baseline described in
subparagraph (A) to the inner boundary of the exclusive
economic zone.
(2) Commission.--The term ``Commission'' means the Gulf
States Marine Fisheries Commission.
(3) Exclusive economic zone.--The term ``exclusive economic
zone'' has the meaning given to such term in section 3 of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1802).
(4) Federal fishery management plan.--The term ``Federal
fishery management plan'' means the Fishery Management Plan for
the Reef Fish Resources of the Gulf of Mexico prepared by the
Gulf of Mexico Fishery Management Council pursuant to section
622.1 of title 50, Code of Federal Regulations.
(5) Fishery management measure.--The term ``fishery
management measure'' means any policy, process, or tool used by
a Gulf coastal State to implement the fishery management plan.
(6) Fishery management plan.--The term ``fishery management
plan'' means a plan created by the Commission for the
sustainability of Gulf of Mexico red snapper and the economic
and community benefits of each of the Gulf coastal States.
(7) Gulf coastal state.--The term ``Gulf coastal State''
means any of--
(A) Alabama;
(B) Florida;
(C) Louisiana;
(D) Mississippi; or
(E) Texas.
(8) Gulf of mexico red snapper.--The term ``Gulf of Mexico
red snapper'' means members of stocks or populations of the
species Lutjanis campechanus, which ordinarily are found
shoreward of coastal waters.
(9) Overfishing.--The term ``overfishing'' has the meaning
given to such term in section 3 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1802).
(10) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 3. DATA COLLECTION STRATEGY FOR GULF OF MEXICO RED SNAPPER.
Not later than one year after the date of the enactment of this
Act, the Commission, with the support of the Secretary, shall prepare
and adopt by vote a strategy for the collection of data on the Gulf of
Mexico red snapper fishery that shall include--
(1) measures to enhance interstate collaboration on the
collection of data regarding the Gulf of Mexico red snapper
fishery; and
(2) a plan to undertake annual stock assessments of Gulf of
Mexico red snapper.
SEC. 4. ADOPTING A FISHERY MANAGEMENT PLAN.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Commission shall prepare and adopt by vote a
fishery management plan and submit the plan to the Secretary.
(b) Requirements.--In adopting a fishery management plan under
subsection (a), the Commission shall ensure--
(1) adequate opportunity for public participation prior to
a vote under subsection (a), including--
(A) at least 1 public hearing held in each Gulf
coastal State; and
(B) procedures for submitting written comments on
the fishery management plan to the Commission and for
making such comments and responses of the Commission
available to the public; and
(2) that such plan contains standards and procedures for
the long-term sustainability of Gulf of Mexico red snapper
based on the available science.
(c) Limitations on Quotas.--The fishery management plan shall
address the quotas of Gulf of Mexico red snapper on the date of the
enactment of this Act as follows:
(1) Based on stock assessments, the fishery management plan
may increase the quota apportioned to commercial fishing in a
fair and equitable manner.
(2) Except as provided in paragraph (3), the fishery
management plan shall not reduce such quota until the date that
is 3 years after the date of the enactment of this Act.
(3) If there is a reduction in the stock of Gulf of Mexico
red snapper prior to the date specified in paragraph (2), the
fishery management plan shall reduce quotas apportioned to all
fishing sectors in a fair and equitable manner that ensures a
sustainable harvest of Gulf of Mexico red snapper.
(d) Gulf Coastal State Requirements.--The fishery management plan
shall describe standards of compliance for Gulf coastal States to use
in developing fishery management measures.
SEC. 5. REVIEW AND CERTIFICATION BY SECRETARY.
(a) Plan Review.--The Secretary shall review the fishery management
plan submitted pursuant to section 4 to determine if the plan--
(1) is compatible, to the extent practicable, with section
301 of the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1851); and
(2) will ensure the long-term sustainability of Gulf of
Mexico red snapper populations.
(b) Plan Certification.--The Secretary shall determine whether to
certify the fishery management plan based on the review conducted under
subsection (a).
(c) Failure To Certify.--If the Secretary does not certify the
fishery management plan under subsection (b), the Secretary shall
submit a written explanation to the Commission explaining why the plan
was not certified. The Commission may submit a new fishery management
plan to the Secretary pursuant to section 4.
(d) Time for Secretary Response.--If the Secretary fails to act
pursuant to subsection (b) within 120 days of receipt of the fishery
management plan, the plan shall be treated as certified by the
Secretary.
SEC. 6. STATE IMPLEMENTATION OF THE FISHERY MANAGEMENT PLAN.
(a) Management Measures Deadline.--The Commission shall establish a
deadline for each Gulf coastal State to submit fishery management
measures to the Commission.
(b) Review and Approval.--Within 60 days of receipt of the fishery
management measures, the Commission shall review and approve such
measures that ensure each Gulf coastal State is in compliance with the
objectives of the fishery management plan.
(c) Revocation of Federal Management.--The Commission shall certify
to the Secretary that the Commission has approved the fishery
management measures submitted under subsection (a) for all Gulf coastal
States. Upon receipt of the certification, the Secretary shall--
(1) publish a notice in the Federal Register revoking those
regulations and portions of the Federal fishery management plan
that are in conflict with the fishery management plan submitted
under section 4, including the deletion of the Gulf of Mexico
red snapper from the Federal fishery management plan; and
(2) transfer management of Gulf of Mexico red snapper to
the Gulf coastal States.
(d) Implementation.--Upon the transfer of management described in
subsection (c)(2), each Gulf coastal State shall implement the measures
approved under subsection (b).
SEC. 7. COMMISSION OVERSIGHT RESPONSIBILITIES.
(a) Implementation and Enforcement of Fishery Management
Measures.--In December of the year following the transfer of management
described in section 6(c)(2), and at any other time the Commission
considers appropriate after that December, the Commission shall
determine if--
(1) each Gulf coastal State has fully adopted and
implemented fishery management measures;
(2) such measures continue to be in compliance with the
fishery management plan; and
(3) the enforcement of such measures by each Gulf coastal
State is satisfactory to maintain the long-term sustainability
and abundance of Gulf of Mexico red snapper.
(b) Certification of Overfishing and Rebuilding Plans.--If the Gulf
of Mexico red snapper in a Gulf coastal State is experiencing
overfishing or is subject to a rebuilding plan, that Gulf coastal State
shall submit a certification to the Commission showing that such
State--
(1) has implemented the necessary measures to end
overfishing or rebuild the fishery; and
(2) in consultation with the National Oceanic and
Atmospheric Administration, has implemented a program to
provide for data collection adequate to monitor the harvest of
Gulf of Mexico red snapper by such Gulf coastal State.
SEC. 8. OPPORTUNITY TO REMEDY.
(a) In General.--If the Commission finds that a Gulf coastal State
is noncompliant under section 7, the Commission shall offer assistance
to that Gulf coastal State to remedy the finding of noncompliance.
(b) Notification to Secretary for Continued Noncompliance.--If,
after such time as determined by the Commission, the Gulf coastal State
receiving assistance described in subsection (a) remains noncompliant,
the Commission shall vote on whether to notify the Secretary.
SEC. 9. CLOSURE OF THE GULF OF MEXICO RED SNAPPER FISHERY.
(a) Conditions for Closure.--Not later than 60 days after the
receipt of a notice under section 8(b), the Secretary may declare a
closure of the Gulf of Mexico red snapper fishery within the Federal
waters adjacent to the waters of the Gulf coastal State that is the
subject of such notice.
(b) Considerations.--Prior to making a declaration under subsection
(a) the Secretary shall consider the comments of such Gulf coastal
State and the Commission.
(c) Actions Prohibited During Closure.--During a closure of the
Gulf of Mexico red snapper fishery under subsection (a), it is unlawful
for any person--
(1) to engage in fishing for Gulf of Mexico red snapper
within the Federal waters adjacent to the waters of the Gulf
coastal State covered by the closure;
(2) to land, or attempt to land, the Gulf of Mexico red
snapper to which the closure applies; or
(3) to fail to return to the water any Gulf of Mexico red
snapper to which the closure applies that are caught incidental
to commercial harvest or in other recreational fisheries.
SEC. 10. ECONOMIC ANALYSIS AND REPORT.
(a) Economic Analysis of Gulf of Mexico Red Snapper Fishery.--The
Secretary, in consultation with the Gulf coastal States and the
Commission, shall conduct a study and analysis of the economic impacts
for the local, regional, and national economy of the Gulf of Mexico red
snapper fishery. The study shall include an analysis of--
(1) the beneficial economic impacts on industries directly
related to the Gulf of Mexico red snapper fishery, including
boat sales, marina activity, boat construction and repair,
fishing gear and tackle sales, and other closely related
industries; and
(2) the downstream economic impacts of the Gulf of Mexico
red snapper fishery on the economies of the Gulf coastal
States, including hotels, restaurants, grocery stores, related
tourism, and other peripheral businesses and industries.
(b) Biennial Reports.--Beginning 2 years after the date of the
enactment of this Act, and every 2 years thereafter, the Secretary
shall submit a report on the findings of the study conducted under
subsection (a) to Congress, the Governor of each of the Gulf coastal
States, and the Commission. Each report shall be made available to the
public and shall include recommendations for additional actions to be
taken to encourage the sustainability of the Gulf of Mexico red snapper
fishery.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs.
Subcommittee Hearings Held.
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