[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3197 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3197

To protect and enhance opportunities for recreational hunting, fishing, 
                 and shooting, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 26, 2013

 Mr. Latta (for himself, Mr. Thompson of Mississippi, Mr. Wittman, and 
  Mr. Walz) introduced the following bill; which was referred to the 
 Committee on Natural Resources, and in addition to the Committees on 
 Agriculture, Energy and Commerce, Transportation and Infrastructure, 
 and the Judiciary, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To protect and enhance opportunities for recreational hunting, fishing, 
                 and shooting, 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 ``Sportsmen's Heritage And 
Recreational Enhancement Act of 2013'' or the ``SHARE Act of 2013''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
   TITLE I--HUNTING, FISHING AND RECREATIONAL SHOOTING PROTECTION ACT

Sec. 101. Short title.
Sec. 102. Modification of definition.
    TITLE II--TARGET PRACTICE AND MARKSMANSHIP TRAINING SUPPORT ACT

Sec. 201. Short title.
Sec. 202. Findings; purpose.
Sec. 203. Definition of public target range.
Sec. 204. Amendments to Pittman-Robertson Wildlife Restoration Act.
Sec. 205. Limits on liability.
Sec. 206. Sense of Congress regarding cooperation.
                    TITLE III--PUBLIC LANDS FILMING

Sec. 301. Purpose.
Sec. 302. Annual permit and fee for film crews of 5 persons or fewer.
           TITLE IV--POLAR BEAR CONSERVATION AND FAIRNESS ACT

Sec. 401. Short title.
Sec. 402. Permits for importation of polar bear trophies taken in sport 
                            hunts in Canada.
              TITLE V--PERMANENT ELECTRONIC DUCK STAMP ACT

Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Authority to issue electronic duck stamps.
Sec. 504. State application.
Sec. 505. State obligations and authorities.
Sec. 506. Electronic stamp requirements; recognition of electronic 
                            stamp.
Sec. 507. Termination of State participation.
      TITLE VI--ACCESS TO WATER RESOURCES DEVELOPMENT PROJECTS ACT

Sec. 601. Short title.
Sec. 602. Protecting Americans from violent crime.
TITLE VII--WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY 
                               COMMITTEE

Sec. 701. Wildlife and Hunting Heritage Conservation Council Advisory 
                            Committee.
TITLE VIII--RECREATIONAL FISHING AND HUNTING HERITAGE AND OPPORTUNITIES 
                                  ACT

Sec. 801. Short title.
Sec. 802. Findings.
Sec. 803. Definitions.
Sec. 804. Recreational fishing, hunting, and shooting.
         TITLE IX--GULF OF MEXICO RED SNAPPER CONSERVATION ACT

Sec. 901. Short title.
Sec. 902. Definitions.
Sec. 903. Data collection strategy for Gulf of Mexico red snapper.
Sec. 904. Adopting a fishery management plan.
Sec. 905. Review and certification by Secretary.
Sec. 906. State implementation of the fishery management plan.
Sec. 907. Commission oversight responsibilities.
Sec. 908. Opportunity to remedy.
Sec. 909. Closure of the Gulf of Mexico red snapper fishery.
Sec. 910. Economic analysis and report.

   TITLE I--HUNTING, FISHING AND RECREATIONAL SHOOTING PROTECTION ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Hunting, Fishing, and Recreational 
Shooting Protection Act''.

SEC. 102. MODIFICATION OF DEFINITION.

    Section 3(2)(B) of the Toxic Substances Control Act (15 U.S.C. 
2602(2)(B)) is amended--
            (1) in clause (v), by striking ``, and'' and inserting ``, 
        or any component of any such article including, without 
        limitation, shot, bullets and other projectiles, propellants, 
        and primers,'';
            (2) in clause (vi) by striking the period at the end and 
        inserting ``, and''; and
            (3) by inserting after clause (vi) the following:
            ``(vii) any sport fishing equipment (as such term is 
        defined in subsection (a) of section 4162 of the Internal 
        Revenue Code of 1986) the sale of which is subject to the tax 
        imposed by section 4161(a) of such Code (determined without 
        regard to any exemptions from such tax as provided by section 
        4162 or 4221 or any other provision of such Code), and sport 
        fishing equipment components.''.

    TITLE II--TARGET PRACTICE AND MARKSMANSHIP TRAINING SUPPORT ACT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Target Practice and Marksmanship 
Training Support Act''.

SEC. 202. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the use of firearms and archery equipment for target 
        practice and marksmanship training activities on Federal land 
        is allowed, except to the extent specific portions of that land 
        have been closed to those activities;
            (2) in recent years preceding the date of enactment of this 
        Act, portions of Federal land have been closed to target 
        practice and marksmanship training for many reasons;
            (3) the availability of public target ranges on non-Federal 
        land has been declining for a variety of reasons, including 
        continued population growth and development near former ranges;
            (4) providing opportunities for target practice and 
        marksmanship training at public target ranges on Federal and 
        non-Federal land can help--
                    (A) to promote enjoyment of shooting, recreational, 
                and hunting activities; and
                    (B) to ensure safe and convenient locations for 
                those activities;
            (5) Federal law in effect on the date of enactment of this 
        Act, including the Pittman-Robertson Wildlife Restoration Act 
        (16 U.S.C. 669 et seq.), provides Federal support for 
        construction and expansion of public target ranges by making 
        available to States amounts that may be used for construction, 
        operation, and maintenance of public target ranges; and
            (6) it is in the public interest to provide increased 
        Federal support to facilitate the construction or expansion of 
        public target ranges.
    (b) Purpose.--The purpose of this title is to facilitate the 
construction and expansion of public target ranges, including ranges on 
Federal land managed by the Forest Service and the Bureau of Land 
Management.

SEC. 203. DEFINITION OF PUBLIC TARGET RANGE.

    In this title, the term ``public target range'' means a specific 
location that--
            (1) is identified by a governmental agency for recreational 
        shooting;
            (2) is open to the public;
            (3) may be supervised; and
            (4) may accommodate archery or rifle, pistol, or shotgun 
        shooting.

SEC. 204. AMENDMENTS TO PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT.

    (a) Definitions.--Section 2 of the Pittman-Robertson Wildlife 
Restoration Act (16 U.S.C. 669a) is amended--
            (1) by redesignating paragraphs (2) through (8) as 
        paragraphs (3) through (9), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(2) the term `public target range' means a specific 
        location that--
                    ``(A) is identified by a governmental agency for 
                recreational shooting;
                    ``(B) is open to the public;
                    ``(C) may be supervised; and
                    ``(D) may accommodate archery or rifle, pistol, or 
                shotgun shooting;''.
    (b) Expenditures for Management of Wildlife Areas and Resources.--
Section 8(b) of the Pittman-Robertson Wildlife Restoration Act (16 
U.S.C. 669g(b)) is amended--
            (1) by striking ``(b) Each State'' and inserting the 
        following:
    ``(b) Expenditures for Management of Wildlife Areas and 
Resources.--
            ``(1) In general.--Except as provided in paragraph (2), 
        each State'';
            (2) in paragraph (1) (as so designated), by striking 
        ``construction, operation,'' and inserting ``operation'';
            (3) in the second sentence, by striking ``The non-Federal 
        share'' and inserting the following:
            ``(3) Non-federal share.--The non-Federal share'';
            (4) in the third sentence, by striking ``The Secretary'' 
        and inserting the following:
            ``(4) Regulations.--The Secretary''; and
            (5) by inserting after paragraph (1) (as designated by 
        paragraph (1) of this subsection) the following:
            ``(2) Exception.--Notwithstanding the limitation described 
        in paragraph (1), a State may pay up to 90 percent of the cost 
        of acquiring land for, expanding, or constructing a public 
        target range.''.
    (c) Firearm and Bow Hunter Education and Safety Program Grants.--
Section 10 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 
669h-1) is amended--
            (1) in subsection (a), by adding at the end the following:
            ``(3) Allocation of additional amounts.--Of the amount 
        apportioned to a State for any fiscal year under section 4(b), 
        the State may elect to allocate not more than 10 percent, to be 
        combined with the amount apportioned to the State under 
        paragraph (1) for that fiscal year, for acquiring land for, 
        expanding, or constructing a public target range.'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) Cost Sharing.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Federal share of the cost of any activity carried out using a 
        grant under this section shall not exceed 75 percent of the 
        total cost of the activity.
            ``(2) Public target range construction or expansion.--The 
        Federal share of the cost of acquiring land for, expanding, or 
        constructing a public target range in a State on Federal or 
        non-Federal land pursuant to this section or section 8(b) shall 
        not exceed 90 percent of the cost of the activity.''; and
            (3) in subsection (c)(1)--
                    (A) by striking ``Amounts made'' and inserting the 
                following:
                    ``(A) In general.--Except as provided in 
                subparagraph (B), amounts made''; and
                    (B) by adding at the end the following:
                    ``(B) Exception.--Amounts provided for acquiring 
                land for, constructing, or expanding a public target 
                range shall remain available for expenditure and 
                obligation during the 5-fiscal-year period beginning on 
                October 1 of the first fiscal year for which the 
                amounts are made available.''.

SEC. 205. LIMITS ON LIABILITY.

    (a) Discretionary Function.--For purposes of chapter 171 of title 
28, United States Code (commonly referred to as the ``Federal Tort 
Claims Act''), any action by an agent or employee of the United States 
to manage or allow the use of Federal land for purposes of target 
practice or marksmanship training by a member of the public shall be 
considered to be the exercise or performance of a discretionary 
function.
    (b) Civil Action or Claims.--Except to the extent provided in 
chapter 171 of title 28, United States Code, the United States shall 
not be subject to any civil action or claim for money damages for any 
injury to or loss of property, personal injury, or death caused by an 
activity occurring at a public target range that is--
            (1) funded in whole or in part by the Federal Government 
        pursuant to the Pittman-Robertson Wildlife Restoration Act (16 
        U.S.C. 669 et seq.); or
            (2) located on Federal land.

SEC. 206. SENSE OF CONGRESS REGARDING COOPERATION.

    It is the sense of Congress that, consistent with applicable laws 
and regulations, the Chief of the Forest Service and the Director of 
the Bureau of Land Management should cooperate with State and local 
authorities and other entities to carry out waste removal and other 
activities on any Federal land used as a public target range to 
encourage continued use of that land for target practice or 
marksmanship training.

                    TITLE III--PUBLIC LANDS FILMING

SEC. 301. PURPOSE.

    The purpose of this title is to provide commercial film crews of 5 
persons or fewer access to film in areas designated for public use 
during public hours on Federal lands and waterways.

SEC. 302. ANNUAL PERMIT AND FEE FOR FILM CREWS OF 5 PERSONS OR FEWER.

    (a) In General.--Section (1)(a) of Public Law 106-206 (16 U.S.C. 
460l-6d) is amended by--
            (1) redesignating paragraphs (1), (2), and (3) as 
        subparagraphs (A), (B), and (C), respectively;
            (2) striking ``The Secretary of the Interior'' and 
        inserting ``(1) In general.--Except as provided by paragraph 
        (3), the Secretary of the Interior'';
            (3) inserting ``(2) Other considerations.--'' before ``The 
        Secretary may include other factors''; and
            (4) adding at the end the following new paragraph:
            ``(3) Special rules for film crews of 5 persons or fewer.--
                    ``(A) For any film crew of 5 persons or fewer, the 
                Secretary shall require a permit and assess an annual 
                fee of $200 for commercial filming activities or 
                similar projects on Federal lands and waterways 
                administered by the Secretary. The permit shall be 
                valid for commercial filming activities or similar 
                projects that occur in areas designated for public use 
                during public hours on all Federal lands waterways 
                administered by the Secretary for a 12-month period 
                beginning on the date of issuance of the permit.
                    ``(B) For persons holding a permit described in 
                this paragraph, the Secretary shall not assess, during 
                the effective period of the permit, any additional fee 
                for commercial filming activities and similar projects 
                that occur in areas designated for public use during 
                public hours on Federal lands and waterways 
                administered by the Secretary.
                    ``(C) In this paragraph, the term `film crew' 
                includes all persons present on Federal land under the 
                Secretary's jurisdiction who are associated with the 
                production of a certain film.
                    ``(D) The Secretary shall not prohibit, as a 
                motorized vehicle or under any other purposes, use of 
                cameras or related equipment used for the purpose of 
                commercial filming activities or similar projects in 
                accordance with this paragraph on Federal lands and 
                waterways administered by the Secretary.''.
    (b) Recovery of Costs.--Section (1)(b) of Public Law 106-206 (16 
U.S.C. 460l-6d) is amended by--
            (1) striking ``collect any costs'' and inserting ``recover 
        any costs''; and
            (2) striking ``similar project'' and inserting ``similar 
        projects''.

           TITLE IV--POLAR BEAR CONSERVATION AND FAIRNESS ACT

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Polar Bear Conservation and 
Fairness Act of 2013''.

SEC. 402. PERMITS FOR IMPORTATION OF POLAR BEAR TROPHIES TAKEN IN SPORT 
              HUNTS IN CANADA.

    Section 104(c)(5)(D) of the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1374(c)(5)(D)) is amended to read as follows:
            ``(D)(i) The Secretary of the Interior shall, expeditiously 
        after the expiration of the applicable 30-day period under 
        subsection (d)(2), issue a permit for the importation of any 
        polar bear part (other than an internal organ) from a polar 
        bear taken in a sport hunt in Canada to any person--
                    ``(I) who submits, with the permit application, 
                proof that the polar bear was legally harvested by the 
                person before February 18, 1997; or
                    ``(II) who has submitted, in support of a permit 
                application submitted before May 15, 2008, proof that 
                the polar bear was legally harvested by the person 
                before May 15, 2008, from a polar bear population from 
                which a sport-hunted trophy could be imported before 
                that date in accordance with section 18.30(i) of title 
                50, Code of Federal Regulations.
            ``(ii) The Secretary shall issue permits under clause 
        (i)(I) without regard to subparagraphs (A) and (C)(ii) of this 
        paragraph, subsection (d)(3), and sections 101 and 102. 
        Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the 
        importation of any polar bear part authorized by a permit 
        issued under clause (i)(I). This clause shall not apply to 
        polar bear parts that were imported before June 12, 1997.
            ``(iii) The Secretary shall issue permits under clause 
        (i)(II) without regard to subparagraph (C)(ii) of this 
        paragraph or subsection (d)(3). Sections 101(a)(3)(B) and 
        102(b)(3) shall not apply to the importation of any polar bear 
        part authorized by a permit issued under clause (i)(II). This 
        clause shall not apply to polar bear parts that were imported 
        before the date of enactment of the Polar Bear Conservation and 
        Fairness Act of 2013.''.

              TITLE V--PERMANENT ELECTRONIC DUCK STAMP ACT

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Permanent Electronic Duck Stamp 
Act of 2013''.

SEC. 502. DEFINITIONS.

    In this title:
            (1) Actual stamp.--The term ``actual stamp'' means a 
        Federal migratory-bird hunting and conservation stamp required 
        under the Act of March 16, 1934 (16 U.S.C. 718a et seq.) 
        (popularly known as the ``Duck Stamp Act''), that is printed on 
        paper and sold through the means established by the authority 
        of the Secretary immediately before the date of enactment of 
        this Act.
            (2) Automated licensing system.--
                    (A) In general.--The term ``automated licensing 
                system'' means an electronic, computerized licensing 
                system used by a State fish and wildlife agency to 
                issue hunting, fishing, and other associated licenses 
                and products.
                    (B) Inclusion.--The term ``automated licensing 
                system'' includes a point-of-sale, Internet, telephonic 
                system, or other electronic applications used for a 
                purpose described in subparagraph (A).
            (3) Electronic stamp.--The term ``electronic stamp'' means 
        an electronic version of an actual stamp that--
                    (A) is a unique identifier for the individual to 
                whom it is issued;
                    (B) can be printed on paper or produced through an 
                electronic application with the same indicators as the 
                State endorsement provides;
                    (C) is issued through a State automated licensing 
                system that is authorized, under State law and by the 
                Secretary under this title, to issue electronic stamps;
                    (D) is compatible with the hunting licensing system 
                of the State that issues the electronic stamp; and
                    (E) is described in the State application approved 
                by the Secretary under section 504(b).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 503. AUTHORITY TO ISSUE ELECTRONIC DUCK STAMPS.

    (a) In General.--The Secretary may authorize any State to issue 
electronic stamps in accordance with this title.
    (b) Consultation.--The Secretary shall implement this section in 
consultation with State management agencies.

SEC. 504. STATE APPLICATION.

    (a) Approval of Application Required.--The Secretary may not 
authorize a State to issue electronic stamps under this title unless 
the Secretary has received and approved an application submitted by the 
State in accordance with this section. The Secretary may determine the 
number of new States per year to participate in the electronic stamp 
program.
    (b) Contents of Application.--The Secretary may not approve a State 
application unless the application contains--
            (1) a description of the format of the electronic stamp 
        that the State will issue under this title, including 
        identifying features of the licensee that will be specified on 
        the stamp;
            (2) a description of any fee the State will charge for 
        issuance of an electronic stamp;
            (3) a description of the process the State will use to 
        account for and transfer to the Secretary the amounts collected 
        by the State that are required to be transferred to the 
        Secretary under the program;
            (4) the manner by which the State will transmit electronic 
        stamp customer data to the Secretary;
            (5) the manner by which actual stamps will be delivered;
            (6) the policies and procedures under which the State will 
        issue duplicate electronic stamps; and
            (7) such other policies, procedures, and information as may 
        be reasonably required by the Secretary.
    (c) Publication of Deadlines, Eligibility Requirements, and 
Selection Criteria.--Not later than 30 days before the date on which 
the Secretary begins accepting applications under this section, the 
Secretary shall publish--
            (1) deadlines for submission of applications;
            (2) eligibility requirements for submitting applications; 
        and
            (3) criteria for approving applications.

SEC. 505. STATE OBLIGATIONS AND AUTHORITIES.

    (a) Delivery of Actual Stamp.--The Secretary shall require that 
each individual to whom a State sells an electronic stamp under this 
title shall receive an actual stamp--
            (1) by not later than the date on which the electronic 
        stamp expires under section 506(c); and
            (2) in a manner agreed upon by the State and Secretary.
    (b) Collection and Transfer of Electronic Stamp Revenue and 
Customer Information.--
            (1) Requirement to transmit.--The Secretary shall require 
        each State authorized to issue electronic stamps to collect and 
        submit to the Secretary in accordance with this section--
                    (A) the first name, last name, and complete mailing 
                address of each individual that purchases an electronic 
                stamp from the State;
                    (B) the face value amount of each electronic stamp 
                sold by the State; and
                    (C) the amount of the Federal portion of any fee 
                required by the agreement for each stamp sold.
            (2) Time of transmittal.--The Secretary shall require the 
        submission under paragraph (1) to be made with respect to sales 
        of electronic stamps by a State according to the written 
        agreement between the Secretary and the State agency.
            (3) Additional fees not affected.--This section shall not 
        apply to the State portion of any fee collected by a State 
        under subsection (c).
    (c) Electronic Stamp Issuance Fee.--A State authorized to issue 
electronic stamps may charge a reasonable fee to cover costs incurred 
by the State and the Department of the Interior in issuing electronic 
stamps under this title, including costs of delivery of actual stamps.
    (d) Duplicate Electronic Stamps.--A State authorized to issue 
electronic stamps may issue a duplicate electronic stamp to replace an 
electronic stamp issued by the State that is lost or damaged.
    (e) Limitation on Authority To Require Purchase of State License.--
A State may not require that an individual purchase a State hunting 
license as a condition of issuing an electronic stamp under this title.

SEC. 506. ELECTRONIC STAMP REQUIREMENTS; RECOGNITION OF ELECTRONIC 
              STAMP.

    (a) Stamp Requirements.--The Secretary shall require an electronic 
stamp issued by a State under this title--
            (1) to have the same format as any other license, 
        validation, or privilege the State issues under the automated 
        licensing system of the State; and
            (2) to specify identifying features of the licensee that 
        are adequate to enable Federal, State, and other law 
        enforcement officers to identify the holder.
    (b) Recognition of Electronic Stamp.--Any electronic stamp issued 
by a State under this title shall, during the effective period of the 
electronic stamp--
            (1) bestow upon the licensee the same privileges as are 
        bestowed by an actual stamp;
            (2) be recognized nationally as a valid Federal migratory 
        bird hunting and conservation stamp; and
            (3) authorize the licensee to hunt migratory waterfowl in 
        any other State, in accordance with the laws of the other State 
        governing that hunting.
    (c) Duration.--An electronic stamp issued by a State shall be valid 
for a period agreed to by the State and the Secretary, which shall not 
exceed 45 days.

SEC. 507. TERMINATION OF STATE PARTICIPATION.

    The authority of a State to issue electronic stamps under this 
title may be terminated--
            (1) by the Secretary, if the Secretary--
                    (A) finds that the State has violated any of the 
                terms of the application of the State approved by the 
                Secretary under section 504; and
                    (B) provides to the State written notice of the 
                termination by not later than the date that is 30 days 
                before the date of termination; or
            (2) by the State, by providing written notice to the 
        Secretary by not later than the date that is 30 days before the 
        termination date.

      TITLE VI--ACCESS TO WATER RESOURCES DEVELOPMENT PROJECTS ACT

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Recreational Lands Self-Defense 
Act of 2013''.

SEC. 602. PROTECTING AMERICANS FROM VIOLENT CRIME.

    (a) Findings.--Congress finds the following:
            (1) The Second Amendment to the Constitution provides that 
        ``the right of the people to keep and bear Arms, shall not be 
        infringed''.
            (2) Section 327.13 of title 36, Code of Federal 
        Regulations, provides that, except in special circumstances, 
        ``possession of loaded firearms, ammunition, loaded projectile 
        firing devices, bows and arrows, crossbows, or other weapons is 
        prohibited'' at water resources development projects 
        administered by the Secretary of the Army.
            (3) The regulations described in paragraph (2) prevent 
        individuals complying with Federal and State laws from 
        exercising the second amendment rights of the individuals while 
        at such water resources development projects.
            (4) The Federal laws should make it clear that the second 
        amendment rights of an individual at a water resources 
        development project should not be infringed.
    (b) Protecting the Right of Individuals To Bear Arms at Water 
Resources Development Projects.--The Secretary of the Army shall not 
promulgate or enforce any regulation that prohibits an individual from 
possessing a firearm including an assembled or functional firearm at a 
water resources development project covered under section 327.0 of 
title 36, Code of Federal Regulations (as in effect on the date of 
enactment of this Act), if--
            (1) the individual is not otherwise prohibited by law from 
        possessing the firearm; and
            (2) the possession of the firearm is in compliance with the 
        law of the State in which the water resources development 
        project is located.

TITLE VII--WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY 
                               COMMITTEE

SEC. 701. WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY 
              COMMITTEE.

    The Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) is 
amended by adding at the end the following:

``SEC. 10. WILDLIFE AND HUNTING HERITAGE CONSERVATION COUNCIL ADVISORY 
              COMMITTEE.

    ``(a) Establishment.--There is hereby established the Wildlife and 
Hunting Heritage Conservation Council Advisory Committee (in this 
section referred to as the `Advisory Committee') to advise the 
Secretaries of the Interior and Agriculture on wildlife and habitat 
conservation, hunting, and recreational shooting.
    ``(b) Duties of the Advisory Committee.--The Advisory Committee 
shall advise the Secretaries with regard to--
            ``(1) implementation of Executive Order No. 13443: 
        Facilitation of Hunting Heritage and Wildlife Conservation, 
        which directs Federal agencies `to facilitate the expansion and 
        enhancement of hunting opportunities and the management of game 
        species and their habitat';
            ``(2) policies or programs to conserve and restore 
        wetlands, agricultural lands, grasslands, forest, and rangeland 
        habitats;
            ``(3) policies or programs to promote opportunities and 
        access to hunting and shooting sports on Federal lands;
            ``(4) policies or programs to recruit and retain new 
        hunters and shooters;
            ``(5) policies or programs that increase public awareness 
        of the importance of wildlife conservation and the social and 
        economic benefits of recreational hunting and shooting; and
            ``(6) policies or programs that encourage coordination 
        among the public, the hunting and shooting sports community, 
        wildlife conservation groups, and States, tribes, and the 
        Federal Government.
    ``(c) Membership.--
            ``(1) Appointment.--
                    ``(A) In general.--The Advisory Committee shall 
                consist of no more than 16 discretionary members and 7 
                ex officio members.
                    ``(B) Ex officio members.--The ex officio members 
                are--
                            ``(i) the Director of the United States 
                        Fish and Wildlife Service or a designated 
                        representative of the Director;
                            ``(ii) the Director of the Bureau of Land 
                        Management or a designated representative of 
                        the Director;
                            ``(iii) the Director of the National Park 
                        Service or a designated representative of the 
                        Director;
                            ``(iv) the Chief of the Forest Service or a 
                        designated representative of the Chief;
                            ``(v) the Chief of the Natural Resources 
                        Conservation Service or a designated 
                        representative of the Chief;
                            ``(vi) the Administrator of the Farm 
                        Service Agency or a designated representative 
                        of the Administrator; and
                            ``(vii) the Executive Director of the 
                        Association of Fish and Wildlife Agencies.
                    ``(C) Discretionary members.--The discretionary 
                members shall be appointed jointly by the Secretaries 
                from at least one of each of the following:
                            ``(i) State fish and wildlife agencies.
                            ``(ii) Game bird hunting organizations.
                            ``(iii) Wildlife conservation 
                        organizations.
                            ``(iv) Big game hunting organizations.
                            ``(v) Waterfowl hunting organizations.
                            ``(vi) The tourism, outfitter, or guiding 
                        industry.
                            ``(vii) The firearms or ammunition 
                        manufacturing industry.
                            ``(viii) The hunting or shooting equipment 
                        retail industry.
                            ``(ix) Hunting and shooting sports outreach 
                        and education organizations.
                            ``(x) Tribal resource management 
                        organizations.
                            ``(xi) The agriculture industry.
                            ``(xii) The ranching industry.
                    ``(D) Eligibility.--Prior to the appointment of the 
                discretionary members, the Secretaries shall determine 
                that all individuals nominated for appointment to the 
                Advisory Committee, and the organization each 
                individual represents, actively support and promote 
                sustainable-use hunting, wildlife conservation, and 
                recreational shooting.
            ``(2) Terms.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), members of the Advisory Committee 
                shall be appointed for a term of 4 years. Members shall 
                not be appointed for more than 3 consecutive or 
                nonconsecutive terms.
                    ``(B) Terms of initial appointees.--As designated 
                by the Secretary at the time of appointment, of the 
                members first appointed--
                            ``(i) 6 members shall be appointed for a 
                        term of 4 years;
                            ``(ii) 5 members shall be appointed for a 
                        term of 3 years; and
                            ``(iii) 5 members shall be appointed for a 
                        term of 2 years.
            ``(3) Preservation of public advisory status.--No 
        individual may be appointed as a discretionary member of the 
        Advisory Committee while serving as an officer or employee of 
        the Federal Government.
            ``(4) Vacancy and removal.--
                    ``(A) In general.--Any vacancy on the Advisory 
                Committee shall be filled in the manner in which the 
                original appointment was made.
                    ``(B) Removal.--Advisory Committee members shall 
                serve at the discretion of the Secretaries and may be 
                removed at any time for good cause.
            ``(5) Continuation of service.--Each appointed member may 
        continue to serve after the expiration of the term of office to 
        which such member was appointed until a successor has been 
        appointed.
            ``(6) Chairperson.--The Chairperson of the Advisory 
        Committee shall be appointed for a 3-year term by the 
        Secretaries, jointly, from among the members of the Advisory 
        Committee. An individual may not be appointed as Chairperson 
        for more than 2 consecutive or nonconsecutive terms.
            ``(7) Pay and expenses.--Members of the Advisory Committee 
        shall serve without pay for such service, but each member of 
        the Advisory Committee shall be reimbursed for travel and 
        lodging incurred through attending meetings of the Advisory 
        Committee approved subgroup meetings in the same amounts and 
        under the same conditions as Federal employees (in accordance 
        with section 5703 of title 5, United States Code).
            ``(8) Meetings.--
                    ``(A) In general.--The Advisory Committee shall 
                meet at the call of the Secretaries, the chairperson, 
                or a majority of the members, but not less frequently 
                than twice annually.
                    ``(B) Open meetings.--Each meeting of the Advisory 
                Committee shall be open to the public.
                    ``(C) Prior notice of meetings.--Timely notice of 
                each meeting of the Advisory Committee shall be 
                published in the Federal Register and be submitted to 
                trade publications and publications of general 
                circulation.
                    ``(D) Subgroups.--The Advisory Committee may 
                establish such workgroups or subgroups as it deems 
                necessary for the purpose of compiling information or 
                conducting research. However, such workgroups may not 
                conduct business without the direction of the Advisory 
                Committee and must report in full to the Advisory 
                Committee.
            ``(9) Quorum.--Nine members of the Advisory Committee shall 
        constitute a quorum.
    ``(d) Expenses.--The expenses of the Advisory Committee that the 
Secretaries determine to be reasonable and appropriate shall be paid by 
the Secretaries.
    ``(e) Administrative Support, Technical Services, and Advice.--A 
designated Federal Officer shall be jointly appointed by the 
Secretaries to provide to the Advisory Committee the administrative 
support, technical services, and advice that the Secretaries determine 
to be reasonable and appropriate.
    ``(f) Annual Report.--
            ``(1) Required.--Not later than September 30 of each year, 
        the Advisory Committee shall submit a report to the 
        Secretaries, the Committee on Natural Resources and the 
        Committee on Agriculture of the House of Representatives, and 
        the Committee on Energy and Natural Resources and the Committee 
        on Agriculture, Nutrition, and Forestry of the Senate. If 
        circumstances arise in which the Advisory Committee cannot meet 
        the September 30 deadline in any year, the Secretaries shall 
        advise the Chairpersons of each such Committee of the reasons 
        for such delay and the date on which the submission of the 
        report is anticipated.
            ``(2) Contents.--The report required by paragraph (1) shall 
        describe--
                    ``(A) the activities of the Advisory Committee 
                during the preceding year;
                    ``(B) the reports and recommendations made by the 
                Advisory Committee to the Secretaries during the 
                preceding year; and
                    ``(C) an accounting of actions taken by the 
                Secretaries as a result of the recommendations.
    ``(g) Federal Advisory Committee Act.--The Advisory Committee shall 
be exempt from the Federal Advisory Committee Act (5 U.S.C. App.).
    ``(h) Abolishment of the Existing Wildlife and Hunting Heritage 
Conservation Council Advisory Committee.--Effective on the date of the 
enactment of this Act, the Wildlife and Hunting Heritage Conservation 
Council formed in furtherance of section 441 of the Revised Statutes 
(43 U.S.C. 1457), the Fish and Wildlife Act of 1956 (16 U.S.C. 742a), 
and other Acts applicable to specific bureaus of the Department of the 
Interior is hereby abolished.''.

TITLE VIII--RECREATIONAL FISHING AND HUNTING HERITAGE AND OPPORTUNITIES 
                                  ACT

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Recreational Fishing and Hunting 
Heritage and Opportunities Act''.

SEC. 802. FINDINGS.

    Congress finds that--
            (1) recreational fishing and hunting are important and 
        traditional activities in which millions of Americans 
        participate;
            (2) recreational anglers and hunters have been and continue 
        to be among the foremost supporters of sound fish and wildlife 
        management and conservation in the United States;
            (3) recreational fishing and hunting are environmentally 
        acceptable and beneficial activities that occur and can be 
        provided on Federal public lands and waters without adverse 
        effects on other uses or users;
            (4) recreational anglers, hunters, and sporting 
        organizations provide direct assistance to fish and wildlife 
        managers and enforcement officers of the Federal Government as 
        well as State and local governments by investing volunteer time 
        and effort to fish and wildlife conservation;
            (5) recreational anglers, hunters, and the associated 
        industries have generated billions of dollars of critical 
        funding for fish and wildlife conservation, research, and 
        management by providing revenues from purchases of fishing and 
        hunting licenses, permits, and stamps, as well as excise taxes 
        on fishing, hunting, and shooting equipment that have generated 
        billions of dollars of critical funding for fish and wildlife 
        conservation, research, and management;
            (6) recreational shooting is also an important and 
        traditional activity in which millions of Americans 
        participate, safe recreational shooting is a valid use of 
        Federal public lands, including the establishment of safe and 
        convenient shooting ranges on such lands, and participation in 
        recreational shooting helps recruit and retain hunters and 
        contributes to wildlife conservation;
            (7) opportunities to recreationally fish, hunt, and shoot 
        are declining, which depresses participation in these 
        traditional activities, and depressed participation adversely 
        impacts fish and wildlife conservation and funding for 
        important conservation efforts; and
            (8) the public interest would be served, and our citizens' 
        fish and wildlife resources benefitted, by action to ensure 
        that opportunities are facilitated to engage in fishing and 
        hunting on Federal public land as recognized by Executive Order 
        No. 12962, relating to recreational fisheries, and Executive 
        Order No. 13443, relating to facilitation of hunting heritage 
        and wildlife conservation.

SEC. 803. DEFINITIONS.

    In this title:
            (1) Federal public land.--The term ``Federal public land'' 
        means any land or water that is owned and managed by the Bureau 
        of Land Management or the Forest Service.
            (2) Federal public land management officials.--The term 
        ``Federal public land management officials'' means--
                    (A) the Secretary of the Interior and Director of 
                Bureau of Land Management regarding Bureau of Land 
                Management lands and waters; and
                    (B) the Secretary of Agriculture and Chief of the 
                Forest Service regarding the National Forest System.
            (3) Hunting.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the term ``hunting'' means use of a firearm, bow, 
                or other authorized means in the lawful--
                            (i) pursuit, shooting, capture, collection, 
                        trapping, or killing of wildlife;
                            (ii) attempt to pursue, shoot, capture, 
                        collect, trap, or kill wildlife; or
                            (iii) the training of hunting dogs, 
                        including field trials.
                    (B) Exclusion.--The term ``hunting'' does not 
                include the use of skilled volunteers to cull excess 
                animals (as defined by other Federal law).
            (4) Recreational fishing.--The term ``recreational 
        fishing'' means the lawful--
                    (A) pursuit, capture, collection, or killing of 
                fish; or
                    (B) attempt to capture, collect, or kill fish.
            (5) Recreational shooting.--The term ``recreational 
        shooting'' means any form of sport, training, competition, or 
        pastime, whether formal or informal, that involves the 
        discharge of a rifle, handgun, or shotgun, or the use of a bow 
        and arrow.

SEC. 804. RECREATIONAL FISHING, HUNTING, AND SHOOTING.

    (a) In General.--Subject to valid existing rights and subsection 
(g), and cooperation with the respective State fish and wildlife 
agency, Federal public land management officials shall exercise 
authority under existing law, including provisions regarding land use 
planning, to facilitate use of and access to Federal public lands, 
including National Monuments, Wilderness Areas, Wilderness Study Areas, 
and lands administratively classified as wilderness eligible or 
suitable and primitive or semi-primitive areas, for fishing, sport 
hunting, and recreational shooting, except as limited by--
            (1) statutory authority that authorizes action or 
        withholding action for reasons of national security, public 
        safety, or resource conservation;
            (2) any other Federal statute that specifically precludes 
        recreational fishing, hunting, or shooting on specific Federal 
        public lands, waters, or units thereof; and
            (3) discretionary limitations on recreational fishing, 
        hunting, and shooting determined to be necessary and reasonable 
        as supported by the best scientific evidence and advanced 
        through a transparent public process.
    (b) Management.--Consistent with subsection (a), the head of each 
Federal public land management agency shall exercise its land 
management discretion--
            (1) in a manner that supports and facilitates recreational 
        fishing, hunting, and shooting opportunities;
            (2) to the extent authorized under applicable State law; 
        and
            (3) in accordance with applicable Federal law.
    (c) Planning.--
            (1) Evaluation of effects on opportunities to engage in 
        recreational fishing, hunting, or shooting.--Federal public 
        land planning documents, including land resources management 
        plans, resource management plans, and comprehensive 
        conservation plans, shall include a specific evaluation of the 
        effects of such plans on opportunities to engage in 
        recreational fishing, hunting, or shooting.
            (2) No major federal action.--No action taken under this 
        title, or under section 4 of the National Wildlife Refuge 
        System Administration Act of 1966 (16 U.S.C. 668dd), either 
        individually or cumulatively with other actions involving 
        Federal public lands or lands managed by the United States Fish 
        and Wildlife Service, shall be considered to be a major Federal 
        action significantly affecting the quality of the human 
        environment, and no additional identification, analysis, or 
        consideration of environmental effects, including cumulative 
        effects, is necessary or required.
            (3) Other activity not considered.--Federal public land 
        management officials are not required to consider the existence 
        or availability of recreational fishing, hunting, or shooting 
        opportunities on adjacent or nearby public or private lands in 
        the planning for or determination of which Federal public lands 
        are open for these activities or in the setting of levels of 
        use for these activities on Federal public lands, unless the 
        combination or coordination of such opportunities would enhance 
        the recreational fishing, hunting, or shooting opportunities 
        available to the public.
    (d) Federal Public Lands.--
            (1) Lands open.--Lands under the jurisdiction of the Bureau 
        of Land Management and the Forest Service, including Wilderness 
        Areas, Wilderness Study Areas, lands designated as wilderness 
        or administratively classified as wilderness eligible or 
        suitable and primitive or semi-primitive areas and National 
        Monuments, but excluding lands on the Outer Continental Shelf, 
        shall be open to recreational fishing, hunting, and shooting 
        unless the managing Federal agency acts to close lands to such 
        activity. Lands may be subject to closures or restrictions if 
        determined by the head of the agency to be necessary and 
        reasonable and supported by facts and evidence, for purposes 
        including resource conservation, public safety, energy or 
        mineral production, energy generation or transmission 
        infrastructure, water supply facilities, protection of other 
        permittees, protection of private property rights or interest, 
        national security, or compliance with other law.
            (2) Shooting ranges.--
                    (A) In general.--The head of each Federal agency 
                shall use his or her authorities in a manner consistent 
                with this title and other applicable law, to--
                            (i) lease or permit use of lands under the 
                        jurisdiction of the agency for shooting ranges; 
                        and
                            (ii) designate specific lands under the 
                        jurisdiction of the agency for recreational 
                        shooting activities.
                    (B) Limitation on liability.--Any designation under 
                subparagraph (A)(ii) shall not subject the United 
                States to any civil action or claim for monetary 
                damages for injury or loss of property or personal 
                injury or death caused by any activity occurring at or 
                on such designated lands.
    (e) Necessity in Wilderness Areas and ``Within and Supplemental 
to'' Wilderness Purposes.--
            (1) Minimum requirements for administration.--The provision 
        of opportunities for hunting, fishing and recreational 
        shooting, and the conservation of fish and wildlife to provide 
        sustainable use recreational opportunities on designated 
        Federal wilderness areas shall constitute measures necessary to 
        meet the minimum requirements for the administration of the 
        wilderness area, provided that this determination shall not 
        authorize or facilitate commodity development, use, or 
        extraction, motorized recreational access or use that is not 
        otherwise allowed under the Wilderness Act (16 U.S.C. 1131 et 
        seq.), or permanent road construction or maintenance within 
        designated wilderness areas.
            (2) Application of wilderness act.--Provisions of the 
        Wilderness Act (16 U.S.C. 1131 et seq.), stipulating that 
        wilderness purposes are ``within and supplemental to'' the 
        purposes of the underlying Federal land unit are reaffirmed. 
        When seeking to carry out fish and wildlife conservation 
        programs and projects or provide fish and wildlife dependent 
        recreation opportunities on designated wilderness areas, the 
        head of each Federal agency shall implement these supplemental 
        purposes so as to facilitate, enhance, or both, but not to 
        impede the underlying Federal land purposes when seeking to 
        carry out fish and wildlife conservation programs and projects 
        or provide fish and wildlife dependent recreation opportunities 
        in designated wilderness areas, provided that such 
        implementation shall not authorize or facilitate commodity 
        development, use or extraction, or permanent road construction 
        or use within designated wilderness areas.
    (f) Report.--Beginning on the second October 1 after the date of 
the enactment of this Act and biennially on October 1 thereafter, the 
head of each Federal agency who has authority to manage Federal public 
land on which fishing, hunting, or recreational shooting occurs shall 
submit to the Committee on Natural Resources of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate a report that describes--
            (1) any Federal public land administered by the agency head 
        that was closed to recreational fishing, sport hunting, or 
        shooting at any time during the preceding year; and
            (2) the reason for the closure.
    (g) Closures or Significant Restrictions of 640 or More Acres.--
            (1) In general.--Other than closures established or 
        prescribed by land planning actions referred to in subsection 
        (d) or emergency closures described in paragraph (3) of this 
        subsection, a permanent or temporary withdrawal, change of 
        classification, or change of management status of Federal 
        public land that effectively closes or significantly restricts 
        640 or more contiguous acres of Federal public land to access 
        or use for fishing or hunting or activities related to fishing, 
        hunting, or both, shall take effect only if, before the date of 
        withdrawal or change, the head of the Federal agency that has 
        jurisdiction over the Federal public land--
                    (A) publishes appropriate notice of the withdrawal 
                or change, respectively;
                    (B) demonstrates that coordination has occurred 
                with a State fish and wildlife agency; and
                    (C) submits to the Committee on Natural Resources 
                of the House of Representatives and the Committee on 
                Energy and Natural Resources of the Senate written 
                notice of the withdrawal or change, respectively.
            (2) Aggregate or cumulative effects.--If the aggregate or 
        cumulative effect of separate withdrawals or changes 
        effectively closes or significantly restricts 1,280 or more 
        acres of land or water, such withdrawals and changes shall be 
        treated as a single withdrawal or change for purposes of 
        paragraph (1).
            (3) Emergency closures.--Nothing in this title prohibits a 
        Federal land management agency from establishing or 
        implementing emergency closures or restrictions of the smallest 
        practicable area to provide for public safety, resource 
        conservation, national security, or other purposes authorized 
        by law. Such an emergency closure shall terminate after a 
        reasonable period of time unless converted to a permanent 
        closure consistent with this title.
    (h) National Park Service Units Not Affected.--Nothing in this 
title shall affect or modify management or use of units of the National 
Park System.
    (i) No Priority.--Nothing in this title requires a Federal land 
management agency to give preference to recreational fishing, hunting, 
or shooting over other uses of Federal public land or over land or 
water management priorities established by Federal law.
    (j) Consultation With Councils.--In fulfilling the duties set forth 
in this title, the heads of Federal agencies shall consult with 
respective advisory councils as established in Executive Order Nos. 
12962 and 13443.
    (k) Authority of the States.--
            (1) In general.--Nothing in this title shall be construed 
        as interfering with, diminishing, or conflicting with the 
        authority, jurisdiction, or responsibility of any State to 
        exercise primary management, control, or regulation of fish and 
        wildlife under State law (including regulations) on land or 
        water within the State, including on Federal public land.
            (2) Federal licenses.--Nothing in this title shall be 
        construed to authorize the head of a Federal agency head to 
        require a license, fee, or permit to fish, hunt, or trap on 
        land or water in a State, including on Federal public land in 
        the States, except that this paragraph shall not affect the 
        Migratory Bird Stamp requirement set forth in the Migratory 
        Bird Hunting and Conservation Stamp Act (16 U.S.C. 718 et 
        seq.).

         TITLE IX--GULF OF MEXICO RED SNAPPER CONSERVATION ACT

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Gulf of Mexico Red Snapper 
Conservation Act of 2013''.

SEC. 902. DEFINITIONS.

    In this title:
            (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 outer 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. 903. DATA COLLECTION STRATEGY FOR GULF OF MEXICO RED SNAPPER.

    Not later than one year after the date of the enactment of this 
title, 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. 904. ADOPTING A FISHERY MANAGEMENT PLAN.

    (a) In General.--Not later than one year after the date of the 
enactment of this title, 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 title 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 end of 
        the 3-year period beginning on the date of the enactment of 
        this title.
            (3) If there is a reduction in the stock of Gulf of Mexico 
        red snapper before the end of the period described 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. 905. REVIEW AND CERTIFICATION BY SECRETARY.

    (a) Plan Review.--The Secretary shall review the fishery management 
plan submitted pursuant to section 904 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 904.
    (d) Time for Secretary Response.--If the Secretary fails to act 
pursuant to subsection (b) within 120 days after receipt of the fishery 
management plan, the plan shall be treated as certified by the 
Secretary.

SEC. 906. 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 after 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 904, 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. 907. COMMISSION OVERSIGHT RESPONSIBILITIES.

    (a) Implementation and Enforcement of Fishery Management 
Measures.--In December of the year following the transfer of management 
described in section 906(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. 908. OPPORTUNITY TO REMEDY.

    (a) In General.--If the Commission finds that a Gulf coastal State 
is noncompliant under section 907, 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. 909. 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 908(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. 910. 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 title, 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>