[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2417 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
                                S. 2417

  To provide for allowable catch quota for red snapper in the Gulf of 
                    Mexico, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 1998

 Mr. Sessions introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To provide for allowable catch quota for 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. RED SNAPPER ALLOWABLE CATCH QUOTAS.

    (a) Definitions.--
            (1) Exclusive economic zone.--The term ``exclusive economic 
        zone'' means the zone established by Presidential Proclamation 
        No. 5030, dated March 10, 1983, and that is the area adjacent 
        to the United States that, except where modified to accommodate 
        international boundaries, encompasses all waters from the 
        seaward boundary of each of the coastal States to a line on 
        which each point is 200 nautical miles from the baseline from 
        which the territorial sea of the United States is measured.
            (2) Gulf red snapper.--The term ``Gulf red snapper'' means 
        red snapper of the Gulf of Mexico.
    (b) In General.--Notwithstanding any other provision of law, 
including part 622 of title 50, Code of Federal Regulations, the total 
allowable catch quotas for commercial and recreational fisheries for 
Gulf red snapper shall be determined under subsection (c).
    (c) Quotas.--
            (1) Aggregate allowable catch quotas.--For each of the 
        calendar years 1998 through 2001, the aggregate allowable catch 
        quota for Gulf red snapper shall be 9,120,000 pounds.
            (2) Quota for commercial fisheries.--For each calendar year 
        specified in paragraph (1), the allowable catch quota 
        applicable to persons who harvest Gulf red snapper under 
        commercial vessel permits shall be 51 percent of the aggregate 
        allowable catch quota specified in that paragraph.
            (3) Recreational quota.--For each calendar year specified 
        in paragraph (1), the allowable catch quota applicable to 
        persons who harvest Gulf red snapper other than under 
        commercial vessel permits shall be 49 percent of the aggregate 
        allowable catch quota specified in that paragraph.
    (d) Limitation on Conditions.--Notwithstanding any other provision 
of law, the harvesting of Gulf red snapper in accordance with the 
quotas specified under subsection (c) shall not be subject to any 
condition relating to the performance of bycatch reduction devices that 
would reduce the amounts of red snapper that may be harvested under an 
applicable catch quota specified in subsection (c).
    (e) Recreational Bag Limit.--Notwithstanding any other provision of 
law, including part 622.39 of title 50, Code of Federal Regulations, 
during the period beginning on the date of enactment of this Act and 
ending on December 31, 2001, the bag limit for daily catch of Gulf red 
snapper applicable to a person who harvests red snapper other than 
under a commercial vessel permit shall be 4 fish, except that any 
member of the crew of a for-hire vessel used for such recreational 
fishing shall be prohibited from catching any Gulf red snapper while 
aboard that vessel during the period of time that vessel is used for-
hire for that purpose.
    (f) Minimum Size Limit.--Notwithstanding any other provision of 
law, including part 622.37 of title 50, Code of Federal Regulations, 
during the period beginning on the date of enactment of this Act and 
ending on December 31, 2001, the minimum size limit for Gulf red 
snapper shall be 15 inches (38.1 cm), total length.
    (g) Prohibition.--During the period specified in subsection (c)(1), 
the Secretary of Commerce, acting through the Director of the National 
Marine Fisheries Service, may not establish any fishery closing date 
designed for the preservation of Gulf red snapper that is inconsistent 
with a recommendation of the Gulf of Mexico Fishery Management Council 
established under section 302 of the Magnuson-Stevens Fishery 
Management Act (16 U.S.C. 1852).
    (h) Expedited Review of TEDs.--Not later than December 31, 1998, 
the Secretary of Commerce, acting through the Director of the National 
Marine Fisheries Service, shall--
            (1) take such actions as may be necessary to complete the 
        review of turtle excluding devices (commonly referred to as 
        ``TEDs'') to determine whether those devices may serve 
        effectively as functioning bycatch reduction devices; and
            (2) if upon completion of that review, the Secretary, 
        acting through the Director, determines that turtle excluding 
        devices may serve effectively as functioning bycatch reduction 
        devices, certify those devices as functioning bycatch reduction 
        devices.
    (i) Study.--
            (1) In general.--The Secretary of Commerce, acting through 
        the Director of the National Marine Fisheries Service, shall 
        conduct a study to provide an estimate of the bycatch reduction 
        achieved in the Gulf of Mexico by bycatch reduction devices, 
        including the devices described in subsection (h).
            (2) Commencement and completion dates of study.--The 
        Secretary of Commerce, acting through the Director of the 
        National Marine Fisheries Service, shall commence the study 
        under paragraph (1) on May 1, 2001, and shall complete that 
        study not later than August 31, 2001.
            (3) Peer review.--In conducting the study under this 
        section, the Secretary of Commerce, acting through the Director 
        of the National Marine Fisheries Service, shall provide for a 
        process of peer review of the results of the study. Under that 
        process, the Secretary of Commerce, acting through the Director 
        of the National Marine Fisheries Service, shall make the 
        results of the study available for review by individuals with 
        recognized scientific or other research expertise that the 
        Secretary, acting through the Director, determines to be 
        appropriate.
            (4) Report.--Upon completion of the study under this 
        subsection, the Secretary of Commerce, acting through the 
        Director of the National Marine Fisheries Service, shall 
        prepare and submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Resources of 
        the House of Representatives, a report that contains the 
        results of the study.
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