II 111th CONGRESS 2d Session S. 3046 IN THE SENATE OF THE UNITED STATES February 25, 2010 Mr. Nelson of Florida introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To direct the Secretary of Commerce to study the South Atlantic red snapper fishery and to limit the authority of the Secretary to promulgate any interim rules for the fishery, and for other purposes.

1.

Short title

This Act may be cited as the South Atlantic Red Snapper Fishery Protection Act.

2.

South Atlantic red snapper fishery

(a)

Stock assessment

(1)

Requirement

The Secretary of Commerce shall conduct a benchmark stock assessment of the South Atlantic red snapper fishery that shall include fishery independent data. (2)

Report to Congress

The Secretary of Commerce shall submit to Congress a report on the findings of the assessment required by paragraph (1). (b)

Limitation on interim rules To close fishery

(1)

In general

The Secretary of Commerce may not promulgate any interim rule under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(c)) or any final rule that prohibits fishing in the South Atlantic red snapper fishery— (A)prior to the date the Secretary submits to Congress the report required by subsection (a)(2); and (B)unless such report demonstrates the need for any such an interim or final rule. (2)

Existing interim rules

Any interim rule promulgated under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(c)) that prohibits fishing in the South Atlantic red snapper fishery that was promulgated prior to the date of the enactment of this Act shall have no force or effect.