Regionally Empowered Decision-making for Snapper, Noting the Angling Public and the Preservation of an Exceptional Resource Act or the RED SNAPPER Act
This bill requires any fishery management plan or regulation for red snapper fisheries that is submitted by the Gulf of Mexico Fishery Management Council to contain conservation and management measures that establish separate catch limits.
The bill gives Alabama, Florida, Louisiana, Mississippi, and Texas (Gulf states) exclusive authority through FY2024 to establish the timing and duration of the fishing season for private recreational fishing of red snapper in the Gulf of Mexico in the extended red snapper management zone of each Gulf state.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3588 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 3588
To amend the Magnuson-Stevens Fishery Conservation and Management Act
to provide for management of red snapper in the Gulf of Mexico, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 2017
Mr. Graves of Louisiana (for himself, Mr. Richmond, Mr. Byrne, Mr.
Thompson of Mississippi, Mr. Weber of Texas, Mr. Clay, Mr. Palazzo, Mr.
Farenthold, Mr. Austin Scott of Georgia, and Mr. Higgins of Louisiana)
introduced the following bill; which was referred to the Committee on
Natural Resources
_______________________________________________________________________
A BILL
To amend the Magnuson-Stevens Fishery Conservation and Management Act
to provide for management of red snapper in the Gulf of Mexico, 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 ``Regionally Empowered Decision-making
for Snapper, Noting the Angling Public and the Preservation of an
Exceptional Resource Act'' or the ``RED SNAPPER Act''.
SEC. 2. STATE EXCLUSIVE FISHERY MANAGEMENT AUTHORITY OVER PRIVATE
RECREATIONAL RED SNAPPER FISHING SEASONS IN THE GULF OF
MEXICO.
(a) In General.--Section 407 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1883) is amended by striking
subsection (d) and inserting the following:
``(d) Catch Limits.--Any fishery management plan, plan amendment,
or regulation for the red snapper fishery that is submitted by the Gulf
of Mexico Fishery Management Council after the date of the enactment of
the RED SNAPPER Act shall contain conservation and management measures
that--
``(1) establish separate catch limits for each of--
``(A) private recreational fishing;
``(B) federally permitted charter fishing; and
``(C) commercial fishing; and
``(2) ensure that such catch limits reflect allocations
among such sectors and do not reflect any harvests in excess of
such allocations.
``(e) State Exclusive Authority Over Private Recreational Red
Snapper Fishing Seasons in the Gulf of Mexico.--
``(1) Exclusive authority.--
``(A) In general.--Except as provided in
subparagraph (B) and paragraph (5), and subject to
paragraph (4) and section 306(b), each of the Gulf
States shall have exclusive authority to establish for
each of fishing years 2018 through 2024 the timing and
duration of the fishing season for private recreational
fishing of red snapper in the Gulf of Mexico in the
extended red snapper management zone of such Gulf State
under paragraph (2).
``(B) Special rule for florida.--With respect to
the State of Florida, the exclusive authority provided
under subparagraph (A) shall apply only to waters
adjacent to the State of Florida in the Gulf of Mexico.
``(2) Extended red snapper management zone described.--
``(A) In general.--For purposes of this subsection,
the extended red snapper management zone of a Gulf
State consists of all waters that are--
``(i) seaward of the State seaward boundary
of such Gulf State;
``(ii) not further from shore than the 25-
fathom line described under subparagraph (B);
and
``(iii) between the projected lines
determined for that State under section
4(a)(2)(A) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1333(a)(2)(A)).
``(B) Description of line.--
``(i) In general.--Not later than 60 days
after the date of the enactment of the RED
SNAPPER Act and subject to clause (ii), the
Secretary shall publish in the Federal Register
and make available on the website of the
Department of Commerce a description of, and
map showing, a continuous line in waters of the
exclusive economic zone in the Gulf of Mexico
along the coasts of the Gulf States, that is
comprised of points that are, on average, 25
fathoms in depth.
``(ii) Minimum distance.--No point on such
continuous line shall be less than 25 nautical
miles from the shore.
``(iii) Consultation with states.--In
determining the placement of such continuous
line, the Secretary shall consult with
appropriate agencies of each Gulf State.
``(3) Criteria.--In determining a fishing season under this
subsection, a Gulf State shall--
``(A) to the extent practicable, ensure sustainable
and responsible fishery management consistent with the
national standards for fishery conservation and
management in section 301; and
``(B) include--
``(i) the most recent stock assessment for
the red snapper in the Gulf of Mexico;
``(ii) surveys of red snapper in the Gulf
of Mexico certified under subsection (g);
``(iii) data related to red snapper in the
Gulf of Mexico collected by the Gulf States
Marine Fisheries Commission, nongovernmental
organizations, and nongovernmental sources,
including fishermen, universities, and research
institutions;
``(iv) consideration of the duration of the
fishing seasons for red snapper within the
State's seaward boundary;
``(v) estimates of private recreational
fishing effort and catch rates both within the
State's seaward boundary and within the State's
extended red snapper management zone under
paragraph (2)(A); and
``(vi) relevant data from independent
biological surveys, including State population
estimates of the biomass of red snapper within
the State's seaward boundary and within the
State's extended red snapper management zone
under paragraph (2).
``(4) Limitation with respect to charter fishing.--The
authority of a State under paragraph (1) does not apply with
respect to the timing or duration of the charter fishing
season.
``(5) Secretarial action to address adverse effects of
state actions.--For purposes of section 306(b)(1), the extended
red snapper management zone of a State under this subsection
shall be treated as within the boundaries of such State.
``(6) Report.--Not later than 150 days before the end of
the 2024 fishing year and biannually thereafter, the Secretary
shall submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Natural
Resources of the House of Representatives detailing the health
of the red snapper fishery in the Gulf of Mexico. The report
shall--
``(A) be based upon the boundaries prescribed in
paragraph (2);
``(B) describe the impact of the criteria listed
under paragraph (3); and
``(C) include results of the NOAA Fisheries
Southeast Region head boat surveys.
``(7) Relationship to other federal authority and
requirements.--Nothing in this subsection affects the authority
of the Secretary under any other provision of law--
``(A) to establish the acceptable biological catch
and total allowable catch of red snapper in the Gulf of
Mexico; or
``(B) to establish any limited access privilege
program for the commercial harvest of red snapper in
the Gulf of Mexico.
``(8) Relationship to state authority over state waters.--
Nothing in this subsection affects the authority of a Gulf
State over the territorial waters of such State and fishing in
such waters.''.
(b) Conforming Amendments.--
(1) United states sovereign rights to fish and fishery
management authority.--Section 101(a) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1811) is
amended by striking ``102,'' and inserting ``102 and section
407(e),''.
(2) Gulf council.--Section 302(a)(1)(E) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1852(a)(1)(E)) is amended by striking ``paragraph (3)).'' and
inserting ``paragraph (3) of this subsection and section
407(e)).''.
(c) Extension of State Seaward Boundary.--Section 407 of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1883) is further amended by adding at the end the following:
``(f) State Seaward Boundary.--Notwithstanding any other provision
of law, for the purpose of management of red snapper fisheries in the
Gulf of Mexico, the seaward boundary of a Gulf State is a line 9
nautical miles seaward from the baseline from which the territorial sea
of the United States is measured.''.
SEC. 3. FEDERAL GULF OF MEXICO RED SNAPPER MANAGEMENT.
(a) Allocations of Percentage of Total Allowable Catch and Seasons
for Other Sectors.--Section 407 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1883) is further amended by
adding at the end the following:
``(g) Acceptable Biological Catch, Total Allowable Catch, and
Certified State Surveys; Allocation.--
``(1) Inclusion of certified state surveys.--In
establishing the acceptable biological catch and total
allowable catch for red snapper in the Gulf of Mexico, the
Secretary shall include--
``(A) Gulf State recreational fisheries surveys
that are certified under subsection (h); and
``(B) data related to red snapper in the Gulf of
Mexico collected by the Gulf States Marine Fisheries
Commission, nongovernmental organizations, and other
nongovernmental sources, including universities and
research institutions.
``(2) Allocation and duration of commercial and federally
permitted charter season.--Beginning in fishing year 2018, the
percentage of the total allowable catch of red snapper, and the
duration of the red snapper fishing season in the Gulf of
Mexico--
``(A) for the commercial fishing sector shall be
the same as such percentage and duration, respectively,
that applied for the most recent fishing year, unless
amended by the Secretary; and
``(B) for the federally permitted charter fishing
sector may not be less than the allocation and duration
that applied to such sector for the most recent fishing
year, unless amended by the Secretary.
``(3) Fishing by federally permitted charter sector within
gulf state seaward boundaries.--Nothing in this Act shall be
construed to authorize limiting fishing for red snapper by the
federally permitted charter sector within a Gulf State's
seaward boundary in any period in which such fishing in the
exclusive economic zone is not prohibited.''.
(b) State Surveys.--Section 407 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1883) is further amended by
adding at the end the following:
``(h) State Surveys.--
``(1) Submission.--A Gulf State that conducts a
recreational fisheries survey in the Gulf of Mexico to make
catch estimates for red snapper landed in such State may submit
such survey to the Secretary for certification.
``(2) Certification.--
``(A) In general.--The Secretary shall make a
certification or a denial of certification for any
survey submitted under paragraph (1) not later than the
end of the 6-month period beginning on the date the
survey is submitted.
``(B) Deemed certified.--A recreational fisheries
survey is deemed to be certified effective upon the
expiration of such period if the Secretary has not made
a certification or denial of certification.
``(3) Modification of surveys denied certification.--
``(A) In general.--If a survey of a Gulf State is
denied certification under paragraph (2), the Secretary
shall, not later than 60 days after the date of the
denial, provide the Gulf State a proposal for
modifications to the survey.
``(B) Proposal.--A proposal provided to a Gulf
State for a survey under subparagraph (A)--
``(i) shall be specific to the survey
submitted by such Gulf State and may not be
construed to apply to any other Gulf State;
``(ii) shall require revision to the fewest
possible provisions of the survey; and
``(iii) may not unduly burden the ability
of such Gulf State to revise the survey.
``(C) Modified survey.--
``(i) Authority to submit.--If a survey of
a Gulf State was denied certification under
paragraph (2), the Gulf State may modify the
survey and submit the modified survey to the
Secretary for certification or denial of
certification.
``(ii) Schedule.--The Secretary shall make
a certification or denial of certification for
any modified survey not later than the end of
the 30-day period beginning on the date the
modified survey is submitted.
``(iii) Deemed certified.--A modified
survey is deemed to be certified effective upon
the expiration of the period described in
clause (ii) if the Secretary has not made a
certification or denial of certification.''.
(c) Reduction of Barotrauma.--Section 407 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1883) is further
amended by adding at the end the following:
``(i) Reduction of Barotrauma.--Each Gulf State shall develop and
promote best practices for use in the red snapper fishery in the Gulf
of Mexico to reduce barotrauma.''.
(d) Construction.--Section 407 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1883) is further amended by
adding at the end the following:
``(j) Construction.--Nothing in this section may be construed to
alter--
``(1) any commercial catch share program for Gulf of Mexico
red snapper;
``(2) any Federal program related to charter fishing; or
``(3) the fishing gear that may be used in the red snapper
fishery in the Gulf of Mexico.''.
(e) Definitions.--Section 407 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1883), as amended by this
section, is further amended by adding at the end the following:
``(k) Definitions.--In this section:
``(1) Gulf state.--The term `Gulf State' means each of the
States of Texas, Louisiana, Mississippi, Alabama, or Florida.
``(2) Red snapper.--The term `red snapper' means the
species Lutjanus campechanus.''.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that in order to supplement State data
collection efforts, Gulf States should continue modernizing fishery
harvest data for red snapper through the development and implementation
of voluntary electronic reporting applications for use by the private
recreational fishing sector to determine red snapper catch rates and
effort in the Gulf of Mexico.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Water, Power and Oceans.
Subcommittee Hearings Held.
Subcommittee on Water, Power and Oceans Discharged.
Committee Consideration and Mark-up Session Held.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by the Yeas and Nays: 22 - 16.
Reported by the Committee on Natural Resources. H. Rept. 115-1047.
Reported by the Committee on Natural Resources. H. Rept. 115-1047.
Placed on the Union Calendar, Calendar No. 814.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line