[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2824 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2824

 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
  to promote sustainable conservation and management for the Gulf of 
 Mexico and South Atlantic fisheries and the communities that rely on 
                     them, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 16, 2014

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

_______________________________________________________________________

                                 A BILL


 
 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
  to promote sustainable conservation and management for the Gulf of 
 Mexico and South Atlantic fisheries and the communities that rely on 
                     them, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Florida Fisheries 
Improvement Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References to the Magnuson-Stevens Fishery Conservation and 
                            Management Act.
                  TITLE I--CONSERVATION AND MANAGEMENT

Sec. 101. Regional fishery management councils.
Sec. 102. Contents of fishery management plans.
Sec. 103. Rebuilding overfished and depleted fisheries.
Sec. 104. Funding for stock assessments, surveys, and data collection.
Sec. 105. Capital construction.
Sec. 106. Fisheries disaster relief.
Sec. 107. Regional fishery conservation and management authorities.
Sec. 108. Study of allocations in mixed-use fisheries.
        TITLE II--FISHERY INFORMATION, RESEARCH, AND DEVELOPMENT

Sec. 201. Fisheries research.
Sec. 202. Improving science.
Sec. 203. Focusing assets for improved fisheries outcomes.
Sec. 204. Gulf of Mexico red snapper catch limits; repeal.

SEC. 2. REFERENCES TO THE MAGNUSON-STEVENS FISHERY CONSERVATION AND 
              MANAGEMENT ACT.

    Except as otherwise expressly provided, wherever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.).

                  TITLE I--CONSERVATION AND MANAGEMENT

SEC. 101. REGIONAL FISHERY MANAGEMENT COUNCILS.

    (a) Voting Members.--Section 302(b)(2)(D) (16 U.S.C. 1852(b)(2)(D)) 
is amended--
            (1) in clause (i)--
                    (A) by striking ``Fisheries'' and inserting 
                ``Fishery''; and
                    (B) by inserting ``or the South Atlantic Fishery 
                Management Council'' after ``Management Council''; and
            (2) by striking clause (iv).
    (b) Committees and Advisory Panels.--Section 302(g)(1)(B) (16 
U.S.C. 1852(g)(1)(B)) is amended to read as follows:
            ``(B) Each scientific and statistical committee shall--
                    ``(i) provide its Council ongoing scientific advice 
                for fishery management decisions, including 
                recommendations for acceptable biological catch, 
                preventing overfishing, maximum sustainable yield, 
                achieving rebuilding targets, and reports on stock 
                status and health, bycatch, habitat status, social and 
                economic impacts of management measures, and 
                sustainability of fishing practices; and
                    ``(ii) carry out the requirements of this 
                subparagraph in a transparent manner, allowing for 
                public involvement in the process.''.
    (c) Functions.--Section 302(h) (16 U.S.C. 1852(h)) is amended--
            (1) in paragraph (7)(C), by striking ``and'' at the end;
            (2) by redesignating paragraph (8) as paragraph (9); and
            (3) by inserting after paragraph (7) the following:
            ``(8) have the authority to use alternative fishery 
        management measures in a recreational fishery (or the 
        recreational component of a mixed-use fishery), including 
        extraction rates, fishing mortality, and harvest control rules, 
        to the extent they are in accordance with the requirements of 
        this Act; and''.
    (d) Webcasts of Council Meetings.--Section 302(i)(2) (16 U.S.C. 
1852(i)(2)) is amended by adding at the end the following:
            ``(G) Unless closed in accordance with paragraph (3), each 
        Council shall, where practicable, make available on the 
        Internet website of the Council a video or audio webcast of 
        each meeting of the Council and each meeting of the scientific 
        and statistical committee of the Council not later than 30 days 
        after the date of the conclusion of such meeting.''.

SEC. 102. CONTENTS OF FISHERY MANAGEMENT PLANS.

    Section 303 (16 U.S.C. 1853) is amended by adding at the end the 
following:
    ``(d) Limitations.--
            ``(1) In general.--The requirements under subsection 
        (a)(15) shall not--
                    ``(A) apply to a species in a fishery that has a 
                mean life cycle of 18 months or less, or to a species 
                in a fishery with respect to which all spawning and 
                recruitment occurs beyond State waters and the 
                exclusive economic zone, unless the Secretary has 
                determined the fishery is subject to overfishing of 
                that species; and
                    ``(B) limit or otherwise affect the requirements of 
                section 301(a)(1) or 304(e) of this Act.
            ``(2) Construction.--Nothing in this subsection shall be 
        construed to affect any effective date regarding the 
        requirements under subsection (a)(15) otherwise provided for 
        under an international agreement in which the United States 
        participates.''.

SEC. 103. REBUILDING OVERFISHED AND DEPLETED FISHERIES.

    Section 304(e)(4)(A) (16 U.S.C. 1854(e)(4)(A)) is amended to read 
as follows:
                    ``(A) specify a time period for rebuilding the 
                fishery that--
                            ``(i) shall be as short as possible, taking 
                        into account the status and biology of any 
                        overfished stocks of fish, the needs of fishing 
                        communities, recommendations by international 
                        organizations in which the United States 
                        participates, and the interaction of the 
                        overfished stock of fish within the marine 
                        ecosystem; and
                            ``(ii) except where management measures 
                        under an international agreement with the 
                        United States participates dictate otherwise, 
                        shall not exceed--
                                    ``(I) 10 years, except in cases 
                                where the biology of the stock of fish 
                                or other environmental conditions 
                                dictate otherwise; or
                                    ``(II) the sum of the time in which 
                                the affected stock of fish is expected 
                                to rebuild to its maximum sustainable 
                                yield biomass level in the absence of 
                                any fishing mortality, and the mean 
                                generation of time of the affected 
                                stock of fish, if those time values are 
                                the best scientific information 
                                available;''.

SEC. 104. FUNDING FOR STOCK ASSESSMENTS, SURVEYS, AND DATA COLLECTION.

    Section 311(e)(1) (16 U.S.C. 1861(e)(1)) is amended--
            (1) in subparagraph (E), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (F), by striking the period at the end 
        and inserting ``; and''; and
            (3) by inserting after subparagraph (F) the following:
            ``(G) the costs of stock assessments, surveys, and data 
        collection in fisheries managed under this Act.''.

SEC. 105. CAPITAL CONSTRUCTION.

    (a) Definitions; Eligible and Qualified Fishery Facilities.--
Section 53501 of title 46, United States Code, is amended--
            (1) by striking ``(7) United states foreign trade.--'' and 
        inserting ``(11) United states foreign trade.--'';
            (2) by striking ``(8) Vessel.--'' and inserting ``(12) 
        Vessel.--'';
            (3) by redesignating paragraphs (5), (6), and (7) as 
        paragraphs (8), (9), and (10), respectively;
            (4) by redesignating paragraphs (2), (3), and (4) as 
        paragraphs (4), (5), and (6), respectively;
            (5) by redesignating paragraph (1) as paragraph (2);
            (6) by inserting before paragraph (2), as redesignated, the 
        following:
            ``(1) Agreement fishery facility.--The term `agreement 
        fishery facility' means an eligible fishery facility or a 
        qualified fishery facility that is subject to an agreement 
        under this chapter.'';
            (7) by inserting after paragraph (2), as redesignated, the 
        following:
            ``(3) Eligible fishery facility.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                term ``eligible fishery facility'' means--
                            ``(i) for operations on land--
                                    ``(I) a structure or an 
                                appurtenance thereto designed for 
                                unloading and receiving from a vessel, 
                                processing, holding pending processing, 
                                distribution after processing, or 
                                holding pending distribution, of fish 
                                from a fishery;
                                    ``(II) the land necessary for the 
                                structure or appurtenance described in 
                                subclause (I); and
                                    ``(III) equipment that is for use 
                                with the structure or appurtenance that 
                                is necessary to perform a function 
                                described in subclause (I);
                            ``(ii) for operations not on land, a vessel 
                        built in the United States and used for, 
                        equipped to be used for, or of a type normally 
                        used for, processing fish; or
                            ``(iii) for aquaculture, including 
                        operations on land or elsewhere--
                                    ``(I) a structure or an 
                                appurtenance thereto designed for 
                                aquaculture;
                                    ``(II) the land necessary for the 
                                structure or appurtenance;
                                    ``(III) equipment that is for use 
                                with the structure or appurtenance and 
                                that is necessary to perform a function 
                                described in subclause (I); and
                                    ``(IV) a vessel built in the United 
                                States and used for, equipped to be 
                                used for, or of a type normally used 
                                for, aquaculture.
                    ``(B) Ownership requirement.--Under subparagraph 
                (A), the structure, appurtenance, land, equipment, or 
                vessel shall be owned by--
                            ``(i) an individual who is a citizen of the 
                        United States; or
                            ``(ii) an entity that is--
                                    ``(I) a citizen of the United 
                                States under section 50501 of this 
                                title; and
                                    ``(II) at least 75 percent owned by 
                                citizens of the United States, as 
                                determined under section 50501 of this 
                                title.''; and
            (8) by inserting after paragraph (6), as redesignated, the 
        following:
            ``(7) Qualified fishery facility.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                term `qualified fishery facility' means--
                            ``(i) for operations on land--
                                    ``(I) a structure or an 
                                appurtenance thereto designed for 
                                unloading and receiving from a vessel, 
                                processing, holding pending processing, 
                                distribution after processing, or 
                                holding pending distribution, of fish 
                                from a fishery;
                                    ``(II) the land necessary for the 
                                structure or appurtenance; and
                                    ``(III) equipment that is for use 
                                with the structure or appurtenance and 
                                necessary to perform a function 
                                described in subclause (I);
                            ``(ii) for operations not on land, a vessel 
                        built in the United States and used for, 
                        equipped to be used for, or of a type normally 
                        used for, processing fish; or
                            ``(iii) for aquaculture, including 
                        operations on land or elsewhere--
                                    ``(I) a structure or an 
                                appurtenance thereto designed for 
                                aquaculture;
                                    ``(II) the land necessary for the 
                                structure or appurtenance;
                                    ``(III) equipment that is for use 
                                with the structure or appurtenance and 
                                necessary for performing a function 
                                described in subclause (I); and
                                    ``(IV) a vessel built in the United 
                                States.
                    ``(B) Ownership requirement.--Under subparagraph 
                (A), the structure, appurtenance, land, equipment, or 
                vessel shall be owned by--
                            ``(i) an individual who is a citizen of the 
                        United States; or
                            ``(ii) an entity that is--
                                    ``(I) a citizen of the United 
                                States under section 50501 of this 
                                title; and
                                    ``(II) at least 75 percent owned by 
                                citizens of the United States, as 
                                determined under section 50501 of this 
                                title.''.
    (b) Eligible Fishery Facilities.--
            (1) Definition of secretary.--Paragraph (9)(A) of section 
        53501 of title 46, United States Code, as redesignated by 
        subsection (a) of this section, is amended to read as follows:
                    ``(A) the Secretary of Commerce with respect to--
                            ``(i) an eligible vessel or a qualified 
                        vessel operated or to be operated in the 
                        fisheries of the United States; or
                            ``(ii) an eligible fishery facility or a 
                        qualified fishery facility;''.
            (2) Establishing a capital construction fund.--Section 
        53503 of title 46, United States Code, is amended--
                    (A) in subsection (a)--
                            (i) by inserting ``or eligible fishery 
                        facility'' after ``eligible vessel''; and
                            (ii) by striking the period at the end and 
                        inserting ``or fishery facility.''; and
                    (B) by amending subsection (b) to read as follows:
    ``(b) Allowable Purpose.--The purpose of the agreement shall be--
            ``(1) to provide replacement vessels, additional vessels, 
        or reconstructed vessels, built in the United States and 
        documented under the laws of the United States, for operation 
        in the United States foreign, Great Lakes, noncontiguous 
        domestic, or short sea transportation trade or in the fisheries 
        of the United States; or
            ``(2) to provide for the acquisition, construction, or 
        reconstruction of a fishery facility owned by--
                    ``(A) an individual who is a citizen of the United 
                States; or
                    ``(B) an entity that is--
                            ``(i) a citizen of the United States under 
                        section 50501; and
                            ``(ii) at least 75 percent owned by 
                        citizens of the United States, as determined 
                        under section 50501.''.
    (c) Agreement Fishery Facilities.--
            (1) Deposits and withdrawals.--Section 53504(b) of title 
        46, United States Code, is amended by striking the period at 
        the end and inserting ``or an agreement fishery facility.''.
            (2) Ceiling on deposits.--Section 53505 of title 46, United 
        States Code, is amended--
                    (A) in subsection (a)--
                            (i) paragraphs (1), by inserting ``or 
                        agreement fishery facilities'' after 
                        ``agreement vessels'';
                            (ii) in paragraph (2), by striking the 
                        semicolon at the end and inserting ``or 
                        agreement fishery facilities;'' and
                            (iii) in paragraph (3) by inserting ``or 
                        agreement fishery facility'' after ``agreement 
                        vessel'' both places that term appears; and
                    (B) in subsection (b)--
                            (i) by inserting ``or agreement fishery 
                        facility'' after ``an agreement vessel''; and
                            (ii) by inserting ``or fishery facility'' 
                        after ``the vessel''.
    (d) Qualified Fishery Facilities.--
            (1) Qualified withdrawals.--Section 53509(a) of title 46, 
        United States Code, is amended--
                    (A) in paragraph (1), by striking ``qualified 
                vessel; or'' and inserting ``qualified vessel, or the 
                acquisition, construction, or reconstruction of a 
                qualified fishery facility; or''; and
                    (B) in paragraph (2), by striking ``qualified 
                vessel.'' and inserting ``qualified vessel, or the 
                acquisition, construction, or reconstruction, of a 
                qualified fishery facility.''.
            (2) Tax treatment of qualified withdrawals and basis of 
        property.--Section 53510 of title 46, United States Code, is 
        amended--
                    (A) in subsections (b) and (c), by striking ``or 
                container'' each place that term appears and inserting 
                ``container, or fishery facility''; and
                    (B) in subsection (d), by striking ``and 
                containers'' and inserting ``containers, and fishery 
                facilities''.
            (3) Tax treatment of nonqualified withdrawals.--Section 
        53511(e)(4) of title 46, United States Code, is amended by 
        inserting ``or fishery facility'' after ``vessel''.
    (e) Technical Amendment.--Paragraph (8)(A)(iii) of section 53501 of 
title 46, United States Code, as redesignated by subsection (a) of this 
section, is amended by striking ``trade trade'' and inserting 
``trade''.

SEC. 106. FISHERIES DISASTER RELIEF.

    Section 312(a) (16 U.S.C. 1861a(a)) is amended--
            (1) by redesignating paragraphs (2) through (4) as 
        paragraphs (3) through (5), respectively; and
            (2) by inserting after paragraph (1) the following:
    ``(2) The Secretary shall make a decision regarding a request under 
paragraph (1) not later than 90 days after the date the Secretary 
receives a complete estimate of the economic impact of the fishery 
resource disaster from the affected State, tribal government, or 
fishing community.''.

SEC. 107. REGIONAL FISHERY CONSERVATION AND MANAGEMENT AUTHORITIES.

    (a) In General.--Title III (16 U.S.C. 1851 et seq.) is amended by 
inserting after section 313, the following:

``SEC. 313A. GULF OF MEXICO FISHERIES CONSERVATION AND MANAGEMENT.

    ``At least once every 5 years, the Gulf Council shall review, in 
accordance with the provisions of this Act, any allocation of fishing 
privileges among the commercial, recreational, and charter components 
of a fishery managed under a fishery management plan prepared by the 
Council, except that the Council may delay action for not more than 3 
additional 1 year periods if necessary.

``SEC. 313B. SOUTH ATLANTIC FISHERIES CONSERVATION AND MANAGEMENT.

    ``At least once every 5 years, the South Atlantic Council shall 
review, in accordance with the provisions of this Act, any allocation 
of fishing privileges among the commercial, recreational, and charter 
components of a fishery managed under a fishery management plan 
prepared by the Council, except that the Council may delay action for 
not more than 3 additional 1 year periods if necessary.''.
    (b) Table of Contents.--The table of contents is amended by 
inserting after the item relating to section 313, the following:

``313A. Gulf of Mexico fisheries conservation and management.
``313B. South Atlantic fisheries conservation and management.''.

SEC. 108. STUDY OF ALLOCATIONS IN MIXED-USE FISHERIES.

    (a) Study Requirements.--Not later than 60 days after the date of 
the enactment of this Act, the Secretary of Commerce shall enter into 
an arrangement with the National Academy of Sciences to conduct a 
study--
            (1) to provide guidance on criteria that could be used for 
        allocating fishing privileges, including consideration of the 
        conservation and socioeconomic benefits of the commercial, 
        recreational, and charter components of a fishery, to a 
        Regional Fishery Management Council established under section 
        302 of the Magnuson-Stevens Fishery Conservation and Management 
        Act (16 U.S.C. 1852) in the preparation of a fishery management 
        plan under that Act; and
            (2) to identify sources of information that could 
        reasonably support the use of such criteria in allocation 
        decisions.
    (b) Report.--Not later than 1 year after the date a contract is 
awarded under subsection (a), the National Academy of Sciences shall 
submit to the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Natural Resources of the House of 
Representatives a report on the study conducted under subsection (a).

        TITLE II--FISHERY INFORMATION, RESEARCH, AND DEVELOPMENT

SEC. 201. FISHERIES RESEARCH.

    (a) Stock Assessment Plan.--Section 404 (16 U.S.C. 1881c) is 
amended by adding at the end the following:
    ``(e) Stock Assessment Plan.--
            ``(1) In general.--The Secretary, in consultation with the 
        Councils, shall develop and publish in the Federal Register, on 
        the same schedule as required for the strategic plan required 
        under subsection (b), a plan to conduct stock assessments for 
        all stocks of fish for which a fishery management plan is in 
        effect under this Act.
            ``(2) Contents.--The plan shall--
                    ``(A) for each stock of fish for which a stock 
                assessment has previously been conducted--
                            ``(i) establish a schedule for updating the 
                        stock assessment that is reasonable given the 
                        biology and characteristics of the stock; and
                            ``(ii) subject to the availability of 
                        appropriations, require completion of a new 
                        stock assessment, or an update of the most 
                        recent stock assessment--
                                    ``(I) at least once every 5 years, 
                                except a Council may delay action for 
                                not more than 3 additional 1-year 
                                periods; or
                                    ``(II) within such other time 
                                period specified and justified by the 
                                Secretary in the plan;
                    ``(B) for each economically important stock of fish 
                for which a stock assessment has not previously been 
                conducted--
                            ``(i) establish a schedule for conducting 
                        an initial stock assessment that is reasonable 
                        given the biology and characteristics of the 
                        stock; and
                            ``(ii) subject to the availability of 
                        appropriations, require completion of the 
                        initial stock assessment not later than 3 years 
                        after the date that the plan is published in 
                        the Federal Register unless another time period 
                        is specified and justified by the Secretary in 
                        the plan; and
                    ``(C) identify data and analysis, especially 
                concerning recreational fishing, that, if available, 
                would reduce uncertainty in and improve the accuracy of 
                future stock assessments, including whether that data 
                and analysis could be provided by nongovernmental 
                sources, including fishermen, fishing communities, 
                universities, and research institutions.
            ``(3) Waiver of stock assessment requirement.--
        Notwithstanding subparagraphs (A)(ii) and (B)(ii) of paragraph 
        (2), a stock assessment shall not be required for a stock of 
        fish in the plan if the Secretary determines that such a stock 
        assessment is not necessary and justifies the determination in 
        the Federal Register notice required by this subsection.''.
    (b) Deadline.--Notwithstanding paragraph (1) of section 404(e) of 
the Magnuson-Stevens Fishery Conservation and Management Act, as added 
by this section, the Secretary of Commerce shall issue the first stock 
assessment plan under that section by not later than 1 year after the 
date of the enactment of this Act.

SEC. 202. IMPROVING SCIENCE.

    (a) Improving Data Collection and Analysis.--
            (1) In general.--Section 404 (16 U.S.C. 1881c), as amended 
        by section 201 of this Act, is further amended by adding at the 
        end the following:
    ``(f) Improving Data Collection and Analysis.--
            ``(1) In general.--The Secretary, in consultation with the 
        scientific and statistical committees of the Councils 
        established under section 302(g), shall develop and submit to 
        the Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Natural Resources of the House of 
        Representatives a report on facilitating greater incorporation 
        of data, analysis, stock assessments, and surveys from 
        nongovernmental sources, including fishermen, fishing 
        communities, universities, and research institutions, into 
        fisheries management decisions.
            ``(2) Content.--The report under paragraph (1) shall--
                    ``(A) identify types of data and analysis, 
                especially concerning recreational fishing, that can be 
                reliably used for purposes of this Act and the basis 
                for establishing conservation and management measures 
                as required by section 303(a)(1), including setting 
                standards for the collection and use of that data and 
                analysis in stock assessments and surveys and for other 
                purposes;
                    ``(B) provide specific recommendations for 
                collecting data and performing analyses identified as 
                necessary to reduce the uncertainty referred to in 
                section 404(e)(2)(C);
                    ``(C) consider the extent to which it is possible 
                to establish a registry of persons providing such 
                information; and
                    ``(D) consider the extent to which the acceptance 
                and use of data and analysis identified in the report 
                in fishery management decisions is practicable.''.
    (b) Deadline.--The Secretary of Commerce shall submit the report 
required under the amendment made by subsection (a) not later than 1 
year after the date of the enactment of this Act.

SEC. 203. FOCUSING ASSETS FOR IMPROVED FISHERIES OUTCOMES.

    (a) In General.--Section 2(b) of the Act of August 11, 1939 (15 
U.S.C. 713c-3(b)), is amended--
            (1) in paragraph (1)--
                    (A) by striking ``beginning with the fiscal year 
                commencing July 1, 1954, and ending on June 30, 
                1957,'';
                    (B) by striking ``moneys'' the first place that 
                term appears and inserting ``monies''; and
                    (C) by striking ``shall be maintained in a separate 
                fund only for'' and all that follows and inserting 
                ``shall only be used for the purposes described under 
                subsection (c).''; and
            (2) by striking paragraph (2).
    (b) Limitations on Bills Transferring Funds.--Section 2(b) of the 
Act of August 11, 1939 (15 U.S.C. 713c-3(b)), as amended by subsection 
(a) of this section, is further amended by adding at the end the 
following:
            ``(2) Limitations on bills transferring funds.--
                    ``(A) In general.--It shall not be in order in the 
                Senate or the House of Representatives to consider any 
                bill, resolution, amendment, or conference report that 
                reduces any amount in the fund referred to in paragraph 
                (1) in a manner that is inconsistent with such 
                paragraph.
                    ``(B) Limitation on changes to this paragraph.--It 
                shall not be in order in the Senate or the House of 
                Representatives to consider any bill, resolution, 
                amendment, or conference report that would repeal or 
                otherwise amend this paragraph.
                    ``(C) Waiver.--A provision of this paragraph may be 
                waived or suspended in the Senate only by the 
                affirmative vote of three-fifths of the Members, duly 
                chosen and sworn.
                    ``(D) Appeals.--An affirmative vote of three-fifths 
                of the Members of the Senate, duly chosen and sworn, 
                shall be required to sustain an appeal of the ruling of 
                the Chair on the point of order raised under this 
                paragraph.
                    ``(E) Rules of the senate and the house of 
                representatives.--This paragraph is enacted by 
                Congress--
                            ``(i) as an exercise of the rulemaking 
                        power of the Senate and the House of 
                        Representatives, respectively, and is deemed to 
                        be part of the rules of each house, 
                        respectively, but applicable only with respect 
                        to the procedure to be followed in the House in 
                        the case of a bill, resolution, amendment, or 
                        conference report under this paragraph, and it 
                        supersedes other rules only to the extent that 
                        it is inconsistent with such rules; and
                            ``(ii) with full recognition of the 
                        constitutional right of either House to change 
                        the rules (so far as they relate to the 
                        procedure of that House) at any time, in the 
                        same manner, and to the same extent as in the 
                        case of any other rule of that House.''.

SEC. 204. GULF OF MEXICO RED SNAPPER CATCH LIMITS; REPEAL.

    Section 407 (16 U.S.C. 1883) is amended by striking subsection (d).
                                 <all>