[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3094 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 3094

 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
to transfer to States the authority to manage red snapper fisheries in 
                          the Gulf of Mexico.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 16, 2015

   Mr. Graves of Louisiana (for himself, Mr. Miller of Florida, Mr. 
Richmond, Mr. Austin Scott of Georgia, Mr. Thompson of Mississippi, Mr. 
 Boustany, Mr. Abraham, Mr. Palazzo, Mr. Wittman, Mr. Olson, Mr. Gene 
  Green of Texas, Mr. Westmoreland, Mr. Duncan of South Carolina, Mr. 
 Benishek, Mr. Jody B. Hice of Georgia, Mr. Long, Mr. Babin, Mr. Cook, 
Mr. Walz, Mr. LaMalfa, Mr. Latta, and Mr. Carter of Georgia) introduced 
  the following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
to transfer to States the authority to manage red snapper fisheries in 
                          the Gulf of Mexico.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gulf States Red Snapper Management 
Authority Act''.

SEC. 2. TRANSFER TO STATES OF MANAGEMENT OF RED SNAPPER FISHERIES IN 
              THE GULF OF MEXICO.

    (a) In General.--The Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.) is amended by adding at the end 
the following:

``TITLE V--TRANSFER TO STATES OF MANAGEMENT OF RED SNAPPER FISHERIES IN 
                           THE GULF OF MEXICO

``SEC. 501. 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) Gulf coastal state.--The term `Gulf coastal State' 
        means each of the following States:
                    ``(A) Alabama.
                    ``(B) Florida.
                    ``(C) Louisiana.
                    ``(D) Mississippi.
                    ``(E) Texas.
            ``(3) Gulf of mexico fishery management council.--The term 
        `Gulf of Mexico Fishery Management Council' means the Gulf of 
        Mexico Fishery Management Council established under section 
        302(a).
            ``(4) Gulf of mexico red snapper.--The term `Gulf of Mexico 
        red snapper' means members of stocks or populations of the 
        species Lutjanus campechanus, which ordinarily are found within 
        the waters of the exclusive economic zone and adjacent 
        territorial waters of the Gulf of Mexico.
            ``(5) Gulf states red snapper management authority.--The 
        term `Gulf States Red Snapper Management Authority' and 
        `GSRSMA', means the Gulf States Red Snapper Management 
        Authority established under section 502(a).
            ``(6) Red snapper fishery management plan.--The term `red 
        snapper fishery management plan' means a plan created by one or 
        more Gulf coastal States to manage Gulf of Mexico red snapper 
        in the coastal waters adjacent to such State or States, 
        respectively.
            ``(7) Reef fish federal fishery management plan.--The term 
        `Reef Fish Federal fishery management plan' means the Fishery 
        Management Plan for the Reef Fish Resources of the Gulf of 
        Mexico, as amended, prepared by the Gulf of Mexico Fishery 
        Management Council pursuant to title III and implemented under 
        part 622 of title 50, Code of Federal Regulations (or similar 
        successor regulation).
            ``(8) State territorial waters.--The term `State 
        territorial waters', with respect to a Gulf coastal State, 
        means the waters adjacent to such State seaward to the line 
        three marine leagues seaward from the baseline from which of 
        the territorial sea of the United States is measured.

``SEC. 502. MANAGEMENT OF GULF OF MEXICO RED SNAPPER.

    ``(a) Gulf States Red Snapper Management Authority.--
            ``(1) Requirement to establish.--Not later than 60 days 
        after the date of the enactment of this title, the Secretary 
        shall establish a Gulf States Red Snapper Management Authority 
        that consists of the principal fisheries manager of each of the 
        Gulf coastal States.
            ``(2) Duties.--The duties of the GSRSMA are as follows:
                    ``(A) To review and approve red snapper fishery 
                management plans, as set out in the Act.
                    ``(B) To provide standards for each Gulf coastal 
                State to use in developing fishery management measures 
                to sustainably manage Gulf of Mexico red snapper in the 
                coastal waters adjacent to such State.
                    ``(C) To the maximum extent practicable, make 
                scientific data, stock assessments and other scientific 
                information upon which fishery management plans are 
                based available to the public for inspection prior to 
                meetings described in paragraph (c)(2).
    ``(b) Requirement for Plans.--
            ``(1) Deadline for submission of plans.--The GSRSMA shall 
        establish a deadline for each Gulf coastal State to submit to 
        the GSRSMA a red snapper fishery management plan for such 
        State.
            ``(2) Consistency with federal fishery management plans.--
        To the extent practicable, the Gulf Coastal States fishery 
        management plans shall be consistent with the requirements in 
        section 303(a) of the Fishery Conservation and Management Act 
        of 1976 (16 U.S.C. 1853(a)).
    ``(c) Review and Approval of Plans.--
            ``(1) In general.--Not later than 1 year after the date of 
        the enactment of this title and not more than 60 days after one 
        or more Gulf coastal States submits a red snapper fishery 
        management plan and annually thereafter, the GSRSMA shall 
        review and approve by majority vote the red snapper fishery 
        management plan if such plan meets the requirements of this 
        title.
            ``(2) Public participation.--Prior to approving a red 
        snapper fishery management plan submitted by one or more Gulf 
        coastal States, the GSRSMA shall provide an adequate 
        opportunity for public participation, including--
                    ``(A) at least 1 public hearing held in each 
                respective Gulf coastal State; and
                    ``(B) procedures for submitting written comments to 
                GSRSMA on the fishery management plan.
            ``(3) Plan requirements.--A red snapper fishery management 
        plan submitted by one or more Gulf coastal States shall--
                    ``(A) contain standards and procedures for the 
                long-term sustainability of Gulf of Mexico red snapper 
                based on the best available science;
                    ``(B) comply with the standards described in 
                subsection (a)(2)(B); and
                    ``(C) determine quotas for the red snapper fishery 
                in the coastal waters adjacent to such Gulf coastal 
                State or States, respectively, based on stock 
                assessments, and--
                            ``(i) any recommendation by the GSRSMA to 
                        reduce quota apportioned to the commercial 
                        sector by more than 10 percent shall be 
                        reviewed and approved by the Gulf of Mexico 
                        Fishery Management Council;
                            ``(ii) during the 3-year period beginning 
                        on the date of enactment of this title and 
                        consistent with subsection (d), the GSRSMA 
                        shall not determine a quota apportioned to the 
                        commercial sector; and
                            ``(iii) nothing in this Act shall be 
                        construed to change the individual quota shares 
                        currently in place in the commercial sector of 
                        the Gulf of Mexico red snapper fishery.
            ``(4) Review and approval.--Not later than 60 days after 
        the date the GSRSMA receives a red snapper fishery management 
        plan from one or more Gulf coastal State or States, the GSRSMA 
        shall review and approve such plan if such plan satisfies the 
        requirements of subsection (b).
    ``(d) Continued Management by the Secretary.--During the 3-year 
period beginning on the date of the enactment of this title, the 
Secretary, in coordination with the Gulf of Mexico Fishery Management 
Council, shall continue to manage the commercial sector of the Gulf of 
Mexico red snapper fishery.
    ``(e) Reporting Requirements.--
            ``(1) Reports by gulf coastal states.--Each Gulf coastal 
        State shall submit to the GSRSMA an annual report on the status 
        of the Gulf of Mexico red snapper fishery in coastal waters 
        adjacent to such State.
            ``(2) Report by the gsrsma.--Not less often than once every 
        5 years, the GSRSMA shall use the information submitted in the 
        annual reports required by paragraph (1) to prepare and submit 
        to the Secretary a report on the status of the Gulf of Mexico 
        red snapper fishery.
            ``(3) Annual report by national oceanic and atmospheric 
        administration.--The Administrator of the National Oceanic and 
        Atmospheric Administration shall submit to Congress an annual 
        report on the implementation of this title.

``SEC. 503. STATE IMPLEMENTATION OF THE RED SNAPPER FISHERY MANAGEMENT 
              PLANS.

    ``(a) Allocation of Management to the Gulf States.--
            ``(1) Certification of approved plans.--The GSRSMA shall 
        certify to the Secretary that a red snapper fishery management 
        plan is approved under section 502 for each of the Gulf coastal 
        States.
            ``(2) Transfer of management.--Upon receipt of the 
        certification described in paragraph (1) and subject to section 
        502(d), the Secretary shall--
                    ``(A) publish a notice in the Federal Register 
                revoking the regulations and portions of the Reef Fish 
                Federal fishery management plan that are in conflict 
                with any red snapper fishery management plan approved 
                by the GSRSMA; and
                    ``(B) transfer management of Gulf of Mexico red 
                snapper to the GSRSMA.
    ``(b) Implementation.--
            ``(1) In general.--Upon the transfer of management 
        described in subsection (a)(2)(B) and subject to section 
        502(d), each Gulf coastal State shall implement and enforce the 
        red snapper fishery management plans approved under section 502 
        for the Gulf of Mexico red snapper fishery in the coastal 
        waters adjacent to each Gulf coastal State.
            ``(2) Failure to transfer management.--If the certification 
        described in subsection (a)(1) is not made the transfer of 
        management described in subsection (a)(2)(B) may not be 
        accomplished and the Secretary shall remain responsible for 
        management of the Gulf of Mexico red snapper.

``SEC. 504. OVERSIGHT OF GULF OF MEXICO RED SNAPPER MANAGEMENT.

    ``(a) Implementation and Enforcement of Fishery Management Plans.--
Not later than December 1 of the year following the transfer of 
management described in section 503(a)(2), and at any other time the 
GSRSMA considers appropriate after that date, the GSRSMA shall 
determine if--
            ``(1) each Gulf coastal State has fully adopted and 
        implemented the red snapper fishery management plan approved 
        under section 502 for such State;
            ``(2) each such plan continues to be in compliance with the 
        standards for sustainability provided by the GSRSMA pursuant to 
        section 502(a)(2); and
            ``(3) the enforcement of the plan by each Gulf coastal 
        State is satisfactory to maintain the long-term sustainability 
        and abundance of Gulf of Mexico red snapper.
    ``(b) Overfishing and Rebuilding Plans.--
            ``(1) Certification.--If the Gulf of Mexico red snapper in 
        the coastal waters adjacent to a Gulf coastal State is 
        experiencing overfishing or is subject to a rebuilding plan, 
        such Gulf coastal State shall submit a certification to the 
        GSRSMA showing that such State--
                    ``(A) has implemented the necessary measures to end 
                overfishing or rebuild the fishery; and
                    ``(B) 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 State.
            ``(2) Notification to secretary.--If, after such time as 
        determined by the GSRSMA, a Gulf coastal State that submitted a 
        certification under paragraph (1) has not implemented the 
        measures and requirements described in subparagraphs (A) and 
        (B) of such paragraph, the GSRSMA shall vote on whether to 
        notify the Secretary of a recommendation of closure of the red 
        snapper fishery in the waters adjacent to the State territorial 
        waters of the Gulf coastal State.
    ``(c) Closure of the Gulf of Mexico Red Snapper Fishery.--
            ``(1) Conditions for closure.--Not later than 60 days after 
        the receipt of a notice under subsection (b)(2) for a Gulf 
        coastal State, the Secretary may declare a closure of the Gulf 
        of Mexico red snapper fishery within the waters adjacent to the 
        State territorial waters of the Gulf coastal State.
            ``(2) Considerations.--Prior to making a declaration under 
        paragraph (2), the Secretary shall consider the comments of 
        such Gulf coastal State and the GSRSMA.
            ``(3) Actions prohibited during closure.--During a closure 
        of the Gulf of Mexico red snapper fishery under paragraph (1), 
        it is unlawful for any person--
                    ``(A) to engage in fishing for Gulf of Mexico red 
                snapper within the waters adjacent to the State 
                territorial waters of the Gulf coastal State covered by 
                the closure;
                    ``(B) to land, or attempt to land, the Gulf of 
                Mexico red snapper in the area of the closure; or
                    ``(C) to fail to return to the water any Gulf of 
                Mexico red snapper caught in the area of the closure 
                that are incidental to commercial harvest or in the 
                recreational fisheries.
            ``(4) Construction.--Nothing in this subsection shall be 
        construed to allow the Secretary to close the red snapper 
        fishery in the State territorial waters of a Gulf coastal 
        State.

``SEC. 505. GULF STATES MARINE FISHERIES COMMISSION.

    ``(a) Funding to the Gulf States Marine Fisheries Commission.--The 
Secretary shall provide all Federal funding to the Gulf States Marine 
Fisheries Commission for all necessary stock assessments, research, and 
management for the red snapper fishery.
    ``(b) Funding to the Gulf Coastal States.--The Gulf States Marine 
Fisheries Commission shall be responsible for administering the Federal 
funds referred to in paragraph (1) to each of the Gulf coastal States 
for proper management of the red snapper fishery.
    ``(c) No Additional Appropriations Authorized.--Nothing in this 
section may be construed to increase the amount of Federal funds 
authorized to be appropriated for Gulf of Mexico red snapper fishery 
management.

``SEC. 506. NO EFFECT ON MANAGEMENT OF SHRIMP FISHERIES IN FEDERAL 
              WATERS.

    ``(a) Bycatch Reduction Devices.--Nothing in this title may be 
construed to effect any requirement related to the use of Gulf of 
Mexico red snapper bycatch reduction devices in the course of shrimp 
trawl fishing activity.
    ``(b) Bycatch of Red Snapper.--Nothing in this title shall be 
construed to apply to or affect in any manner the Federal management of 
commercial shrimp fisheries in the Gulf of Mexico, including any 
incidental catch of red snapper''.
    (b) Conforming Amendments.--
            (1) Data collection.--Section 401(g)(3)(C) of the Magnuson-
        Stevens Fishery Conservation and Management Act (16 U.S.C. 
        1881(g)(3)(G)) is amended by striking ``and'' after the 
        semicolon at the end of clause (iv), by striking the period at 
        the end of clause (v) and inserting ``; and'', and by adding at 
        the end the following:
                            ``(vi) in the case of each fishery in the 
                        Gulf of Mexico, taking into consideration all 
                        data collection activities related to fishery 
                        effort that are undertaken by the marine 
                        resources division of each relevant State of 
                        the Gulf of Mexico Fishery Management 
                        Council.''.
            (2) Gulf state territorial waters.--Section 306(b) of the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1856(b)) is amended by adding at the end the following:
            ``(4) Notwithstanding section 3(11) and subsection (a) of 
        this section, for purposes of managing fisheries in the Gulf of 
        Mexico, the seaward boundary of a coastal State in the Gulf of 
        Mexico is a line three marine leagues seaward from the baseline 
        from which the territorial sea of the United States is 
        measured.''.
    (c) Clerical Amendment.--The table of contents in the first section 
of such Act is amended by adding at the end the following:

``TITLE V--TRANSFER TO STATES OF MANAGEMENT OF RED SNAPPER FISHERIES IN 
                           THE GULF OF MEXICO

``Sec. 501. Definitions.
``Sec. 502. Management of Gulf of Mexico red snapper.
``Sec. 503. State implementation of the red snapper fishery management 
                            plans.
``Sec. 504. Oversight of Gulf of Mexico red snapper management.
``Sec. 505. Gulf States Marine Fisheries Commission.
``Sec. 506. No effect on management of shrimp fisheries in Federal 
                            waters.''.
                                 <all>