[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>