[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3588 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 814
115th CONGRESS
  2d Session
                                H. R. 3588

                         [Report No. 115-1047]

 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
to provide for management of red snapper in the Gulf of Mexico, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2017

  Mr. Graves of Louisiana (for himself, Mr. Richmond, Mr. Byrne, Mr. 
Thompson of Mississippi, Mr. Weber of Texas, Mr. Clay, Mr. Palazzo, Mr. 
Farenthold, Mr. Austin Scott of Georgia, and Mr. Higgins of Louisiana) 
 introduced the following bill; which was referred to the Committee on 
                           Natural Resources

                           November 27, 2018

Additional sponsors: Mr. Brooks of Alabama, Mr. Babin, and Mr. Johnson 
                              of Louisiana

                           November 27, 2018

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
to provide for management of red snapper in the Gulf of Mexico, 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 ``Regionally Empowered Decision-making 
for Snapper, Noting the Angling Public and the Preservation of an 
Exceptional Resource Act'' or the ``RED SNAPPER Act''.

SEC. 2. STATE EXCLUSIVE FISHERY MANAGEMENT AUTHORITY OVER PRIVATE 
              RECREATIONAL RED SNAPPER FISHING SEASONS IN THE GULF OF 
              MEXICO.

    (a) In General.--Section 407 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1883) is amended by striking 
subsection (d) and inserting the following:
    ``(d) Catch Limits.--Any fishery management plan, plan amendment, 
or regulation for the red snapper fishery that is submitted by the Gulf 
of Mexico Fishery Management Council after the date of the enactment of 
the RED SNAPPER Act shall contain conservation and management measures 
that--
            ``(1) establish separate catch limits for each of--
                    ``(A) private recreational fishing;
                    ``(B) federally permitted charter fishing; and
                    ``(C) commercial fishing; and
            ``(2) ensure that such catch limits reflect allocations 
        among such sectors and do not reflect any harvests in excess of 
        such allocations.
    ``(e) State Exclusive Authority Over Private Recreational Red 
Snapper Fishing Seasons in the Gulf of Mexico.--
            ``(1) Exclusive authority.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B) and paragraph (5), and subject to 
                paragraph (4) and section 306(b), each of the Gulf 
                States shall have exclusive authority to establish for 
                each of fishing years 2018 through 2024 the timing and 
                duration of the fishing season for private recreational 
                fishing of red snapper in the Gulf of Mexico in the 
                extended red snapper management zone of such Gulf State 
                under paragraph (2).
                    ``(B) Special rule for florida.--With respect to 
                the State of Florida, the exclusive authority provided 
                under subparagraph (A) shall apply only to waters 
                adjacent to the State of Florida in the Gulf of Mexico.
            ``(2) Extended red snapper management zone described.--
                    ``(A) In general.--For purposes of this subsection, 
                the extended red snapper management zone of a Gulf 
                State consists of all waters that are--
                            ``(i) seaward of the State seaward boundary 
                        of such Gulf State;
                            ``(ii) not further from shore than the 25-
                        fathom line described under subparagraph (B); 
                        and
                            ``(iii) between the projected lines 
                        determined for that State under section 
                        4(a)(2)(A) of the Outer Continental Shelf Lands 
                        Act (43 U.S.C. 1333(a)(2)(A)).
                    ``(B) Description of line.--
                            ``(i) In general.--Not later than 60 days 
                        after the date of the enactment of the RED 
                        SNAPPER Act and subject to clause (ii), the 
                        Secretary shall publish in the Federal Register 
                        and make available on the website of the 
                        Department of Commerce a description of, and 
                        map showing, a continuous line in waters of the 
                        exclusive economic zone in the Gulf of Mexico 
                        along the coasts of the Gulf States, that is 
                        comprised of points that are, on average, 25 
                        fathoms in depth.
                            ``(ii) Minimum distance.--No point on such 
                        continuous line shall be less than 25 nautical 
                        miles from the shore.
                            ``(iii) Consultation with states.--In 
                        determining the placement of such continuous 
                        line, the Secretary shall consult with 
                        appropriate agencies of each Gulf State.
            ``(3) Criteria.--In determining a fishing season under this 
        subsection, a Gulf State shall--
                    ``(A) to the extent practicable, ensure sustainable 
                and responsible fishery management consistent with the 
                national standards for fishery conservation and 
                management in section 301; and
                    ``(B) include--
                            ``(i) the most recent stock assessment for 
                        the red snapper in the Gulf of Mexico;
                            ``(ii) surveys of red snapper in the Gulf 
                        of Mexico certified under subsection (g);
                            ``(iii) data related to red snapper in the 
                        Gulf of Mexico collected by the Gulf States 
                        Marine Fisheries Commission, nongovernmental 
                        organizations, and nongovernmental sources, 
                        including fishermen, universities, and research 
                        institutions;
                            ``(iv) consideration of the duration of the 
                        fishing seasons for red snapper within the 
                        State's seaward boundary;
                            ``(v) estimates of private recreational 
                        fishing effort and catch rates both within the 
                        State's seaward boundary and within the State's 
                        extended red snapper management zone under 
                        paragraph (2)(A); and
                            ``(vi) relevant data from independent 
                        biological surveys, including State population 
                        estimates of the biomass of red snapper within 
                        the State's seaward boundary and within the 
                        State's extended red snapper management zone 
                        under paragraph (2).
            ``(4) Limitation with respect to charter fishing.--The 
        authority of a State under paragraph (1) does not apply with 
        respect to the timing or duration of the charter fishing 
        season.
            ``(5) Secretarial action to address adverse effects of 
        state actions.--For purposes of section 306(b)(1), the extended 
        red snapper management zone of a State under this subsection 
        shall be treated as within the boundaries of such State.
            ``(6) Report.--Not later than 150 days before the end of 
        the 2024 fishing year and biannually thereafter, the Secretary 
        shall submit a report to the Committee on Commerce, Science, 
        and Transportation of the Senate and the Committee on Natural 
        Resources of the House of Representatives detailing the health 
        of the red snapper fishery in the Gulf of Mexico. The report 
        shall--
                    ``(A) be based upon the boundaries prescribed in 
                paragraph (2);
                    ``(B) describe the impact of the criteria listed 
                under paragraph (3); and
                    ``(C) include results of the NOAA Fisheries 
                Southeast Region head boat surveys.
            ``(7) Relationship to other federal authority and 
        requirements.--Nothing in this subsection affects the authority 
        of the Secretary under any other provision of law--
                    ``(A) to establish the acceptable biological catch 
                and total allowable catch of red snapper in the Gulf of 
                Mexico; or
                    ``(B) to establish any limited access privilege 
                program for the commercial harvest of red snapper in 
                the Gulf of Mexico.
            ``(8) Relationship to state authority over state waters.--
        Nothing in this subsection affects the authority of a Gulf 
        State over the territorial waters of such State and fishing in 
        such waters.''.
    (b) Conforming Amendments.--
            (1) United states sovereign rights to fish and fishery 
        management authority.--Section 101(a) of the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1811) is 
        amended by striking ``102,'' and inserting ``102 and section 
        407(e),''.
            (2) Gulf council.--Section 302(a)(1)(E) of the Magnuson-
        Stevens Fishery Conservation and Management Act (16 U.S.C. 
        1852(a)(1)(E)) is amended by striking ``paragraph (3)).'' and 
        inserting ``paragraph (3) of this subsection and section 
        407(e)).''.
    (c) Extension of State Seaward Boundary.--Section 407 of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1883) is further amended by adding at the end the following:
    ``(f) State Seaward Boundary.--Notwithstanding any other provision 
of law, for the purpose of management of red snapper fisheries in the 
Gulf of Mexico, the seaward boundary of a Gulf State is a line 9 
nautical miles seaward from the baseline from which the territorial sea 
of the United States is measured.''.

SEC. 3. FEDERAL GULF OF MEXICO RED SNAPPER MANAGEMENT.

    (a) Allocations of Percentage of Total Allowable Catch and Seasons 
for Other Sectors.--Section 407 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1883) is further amended by 
adding at the end the following:
    ``(g) Acceptable Biological Catch, Total Allowable Catch, and 
Certified State Surveys; Allocation.--
            ``(1) Inclusion of certified state surveys.--In 
        establishing the acceptable biological catch and total 
        allowable catch for red snapper in the Gulf of Mexico, the 
        Secretary shall include--
                    ``(A) Gulf State recreational fisheries surveys 
                that are certified under subsection (h); and
                    ``(B) data related to red snapper in the Gulf of 
                Mexico collected by the Gulf States Marine Fisheries 
                Commission, nongovernmental organizations, and other 
                nongovernmental sources, including universities and 
                research institutions.
            ``(2) Allocation and duration of commercial and federally 
        permitted charter season.--Beginning in fishing year 2018, the 
        percentage of the total allowable catch of red snapper, and the 
        duration of the red snapper fishing season in the Gulf of 
        Mexico--
                    ``(A) for the commercial fishing sector shall be 
                the same as such percentage and duration, respectively, 
                that applied for the most recent fishing year, unless 
                amended by the Secretary; and
                    ``(B) for the federally permitted charter fishing 
                sector may not be less than the allocation and duration 
                that applied to such sector for the most recent fishing 
                year, unless amended by the Secretary.
            ``(3) Fishing by federally permitted charter sector within 
        gulf state seaward boundaries.--Nothing in this Act shall be 
        construed to authorize limiting fishing for red snapper by the 
        federally permitted charter sector within a Gulf State's 
        seaward boundary in any period in which such fishing in the 
        exclusive economic zone is not prohibited.''.
    (b) State Surveys.--Section 407 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1883) is further amended by 
adding at the end the following:
    ``(h) State Surveys.--
            ``(1) Submission.--A Gulf State that conducts a 
        recreational fisheries survey in the Gulf of Mexico to make 
        catch estimates for red snapper landed in such State may submit 
        such survey to the Secretary for certification.
            ``(2) Certification.--
                    ``(A) In general.--The Secretary shall make a 
                certification or a denial of certification for any 
                survey submitted under paragraph (1) not later than the 
                end of the 6-month period beginning on the date the 
                survey is submitted.
                    ``(B) Deemed certified.--A recreational fisheries 
                survey is deemed to be certified effective upon the 
                expiration of such period if the Secretary has not made 
                a certification or denial of certification.
            ``(3) Modification of surveys denied certification.--
                    ``(A) In general.--If a survey of a Gulf State is 
                denied certification under paragraph (2), the Secretary 
                shall, not later than 60 days after the date of the 
                denial, provide the Gulf State a proposal for 
                modifications to the survey.
                    ``(B) Proposal.--A proposal provided to a Gulf 
                State for a survey under subparagraph (A)--
                            ``(i) shall be specific to the survey 
                        submitted by such Gulf State and may not be 
                        construed to apply to any other Gulf State;
                            ``(ii) shall require revision to the fewest 
                        possible provisions of the survey; and
                            ``(iii) may not unduly burden the ability 
                        of such Gulf State to revise the survey.
                    ``(C) Modified survey.--
                            ``(i) Authority to submit.--If a survey of 
                        a Gulf State was denied certification under 
                        paragraph (2), the Gulf State may modify the 
                        survey and submit the modified survey to the 
                        Secretary for certification or denial of 
                        certification.
                            ``(ii) Schedule.--The Secretary shall make 
                        a certification or denial of certification for 
                        any modified survey not later than the end of 
                        the 30-day period beginning on the date the 
                        modified survey is submitted.
                            ``(iii) Deemed certified.--A modified 
                        survey is deemed to be certified effective upon 
                        the expiration of the period described in 
                        clause (ii) if the Secretary has not made a 
                        certification or denial of certification.''.
    (c) Reduction of Barotrauma.--Section 407 of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1883) is further 
amended by adding at the end the following:
    ``(i) Reduction of Barotrauma.--Each Gulf State shall develop and 
promote best practices for use in the red snapper fishery in the Gulf 
of Mexico to reduce barotrauma.''.
    (d) Construction.--Section 407 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1883) is further amended by 
adding at the end the following:
    ``(j) Construction.--Nothing in this section may be construed to 
alter--
            ``(1) any commercial catch share program for Gulf of Mexico 
        red snapper;
            ``(2) any Federal program related to charter fishing; or
            ``(3) the fishing gear that may be used in the red snapper 
        fishery in the Gulf of Mexico.''.
    (e) Definitions.--Section 407 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1883), as amended by this 
section, is further amended by adding at the end the following:
    ``(k) Definitions.--In this section:
            ``(1) Gulf state.--The term `Gulf State' means each of the 
        States of Texas, Louisiana, Mississippi, Alabama, or Florida.
            ``(2) Red snapper.--The term `red snapper' means the 
        species Lutjanus campechanus.''.

SEC. 4. SENSE OF CONGRESS.

    It is the sense of Congress that in order to supplement State data 
collection efforts, Gulf States should continue modernizing fishery 
harvest data for red snapper through the development and implementation 
of voluntary electronic reporting applications for use by the private 
recreational fishing sector to determine red snapper catch rates and 
effort in the Gulf of Mexico.
                                                 Union Calendar No. 814

115th CONGRESS

  2d Session

                               H. R. 3588

                         [Report No. 115-1047]

_______________________________________________________________________

                                 A BILL

 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
to provide for management of red snapper in the Gulf of Mexico, and for 
                            other purposes.

_______________________________________________________________________

                           November 27, 2018

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed