[House Report 114-128]
[From the U.S. Government Publishing Office]


114th Congress    }                                     {        Report
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                     {       114-128

======================================================================

 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1335) TO AMEND THE 
  MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT TO PROVIDE 
 FLEXIBILITY FOR FISHERY MANAGERS AND STABILITY FOR FISHERMEN, AND FOR 
                             OTHER PURPOSES

                                _______
                                

May 19, 2015.--Referred to the House Calendar and ordered to be printed

                                _______
                                

                Mr. Byrne, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 274]

    The Committee on Rules, having had under consideration 
House Resolution 274, by a record vote of 8 to 3, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 1335, the 
Strengthening Fishing Communities and Increasing Flexibility in 
Fisheries Management Act, under a structured rule. The 
resolution provides one hour of general debate equally divided 
and controlled by the chair and ranking minority member of the 
Committee on Natural Resources. The resolution waives all 
points of order against consideration of the bill. The 
resolution makes in order as original text for purpose of 
amendment an amendment in the nature of a substitute consisting 
of the text of Rules Committee Print 114-16 and provides that 
it shall be considered as read. The resolution waives all 
points of order against that amendment in the nature of a 
substitute. The resolution makes in order only those further 
amendments printed in this report. Each such amendment may be 
offered only in the order printed in this report, may be 
offered only by a Member designated in this report, shall be 
considered as read, shall be debatable for the time specified 
in this report equally divided and controlled by the proponent 
and an opponent, may be withdrawn by the proponent at any time 
before action thereon, shall not be subject to amendment, and 
shall not be subject to a demand for division of the question 
in the House or in the Committee of the Whole. The resolution 
waives all points of order against the amendments printed in 
this report. The resolution provides one motion to recommit 
with or without instructions.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the bill includes a waiver of clause 3(e)(1) of rule XIII 
(``Ramseyer''), requiring a committee report accompanying a 
bill amending or repealing statutes to show, by typographical 
device, parts of statute affected. The waiver is provided 
because the submission provided by the committee was 
insufficient to meet the standards established by the rule in 
its current form. The Committee on Rules continues to work with 
the House Office of Legislative Counsel and committees to 
determine the steps necessary to comply with the updated rule.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute made in order as 
original text, the Committee is not aware of any points of 
order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
the amendments printed in this report, the Committee is not 
aware of any points of order. The waiver is prophylactic in 
nature.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 54

    Motion by Ms. Slaughter to report an open rule. Defeated: 
3-8

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Nay   Ms. Slaughter.....................          Yea
Mr. Cole........................................          Nay   Mr. McGovern......................          Yea
Mr. Woodall.....................................          Nay   Mr. Hastings of Florida...........          Yea
Mr. Burgess.....................................          Nay   Mr. Polis.........................  ............
Mr. Stivers.....................................          Nay
Mr. Collins.....................................          Nay
Mr. Byrne.......................................          Nay
Mr. Newhouse....................................          Nay
Mr. Sessions, Chairman..........................  ............
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 55

    Motion by Mr. Cole to report the rule. Adopted: 8-3

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Yea   Ms. Slaughter.....................          Nay
Mr. Cole........................................          Yea   Mr. McGovern......................          Nay
Mr. Woodall.....................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Burgess.....................................          Yea   Mr. Polis.........................  ............
Mr. Stivers.....................................          Yea
Mr. Collins.....................................          Yea
Mr. Byrne.......................................          Yea
Mr. Newhouse....................................          Yea
Mr. Sessions, Chairman..........................  ............
----------------------------------------------------------------------------------------------------------------

                SUMMARY OF THE AMENDMENTS MADE IN ORDER

    1. Dingell (MI): Eliminates the requirement to fast-track 
analyses under the National Environmental Policy Act. (10 
minutes)
    2. Farr (CA): Allows the use of vessel information under 
Executive Order 13547 to aid in restoring fisheries habitat at 
the Secretary's discretion. (10 minutes)
    3. Keating (MA), Lynch (MA), Moulton (MA): Amends Section 
10(3) Use of Asset Forfeiture Fund for Fishery Independent Data 
Collection to include fishery research and independent stock 
assessments, conservation gear engineering, at-sea and 
shoreside monitoring, fishery impact statements, and other 
priorities established by the Council as necessary to rebuild 
or maintain sustainable fisheries, ensure healthy ecosystems, 
and maintain fishing communities. (10 minutes)
    4. Lowenthal (CA): Allows the National Ocean Council, 
operating under Executive Order 13547, to develop a process for 
decommissioning oil and gas rigs that eliminates harm to the 
red snapper stock and improves habitat. (10 minutes)
    5. Young, Don (AK): Provides for additional information for 
stock assessments, the use of students to collect marine 
recreational fishing data and clarifies information for Council 
reviews. (10 minutes)
    6. Graves, Garret (LA): Confers management of snapper 
fisheries to Gulf of Mexico states similar to the management of 
Atlantic Striped Bass to Atlantic states. Seeks to improve the 
science of snapper fisheries monitoring. (10 minutes)
    7. Wittman (VA): Gives NOAA the authority to use 
alternative fishery management measures. (10 minutes)
    8. Huffman (CA): SUBSTITUTE Reauthorizes the Magnuson-
Stevens Fishery Conservation and Management Act and improves 
fisheries management and data collection. (20 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

1. An Amendment To Be Offered by Representative Dingell of Michigan or 
                 Her Designee, Debatable for 10 Minutes

  Beginning at page 14, strike line 15 and all that follows 
through page 16, line 3 and insert closing quotation marks and 
a following period.
                              ----------                              


 2. An Amendment To Be Offered by Representative Farr of California or 
                 His Designee, Debatable for 10 Minutes

  Page 26, line 19, after ``enhancing national security'' 
insert ``, restoring fishery habitat,''.
                              ----------                              


      3. An Amendment To Be Offered by Representative Keating of 
        Massachusetts or His Designee, Debatable for 10 Minutes

  Page 28, line 7, strike ``and''.
  Page 28, line 11, strike the period and insert ``; and''.
  Page 28, after line 11, insert the following:
                  ``(C) fishery research and independent stock 
                assessments, conservation gear engineering, at-
                sea and shoreside monitoring, fishery impact 
                statements, and other priorities established by 
                the Council as necessary to rebuild or maintain 
                sustainable fisheries, ensure healthy 
                ecosystems, and maintain fishing 
                communities.''.
                              ----------                              


4. An Amendment To Be Offered by Representative Lowenthal of California 
               or His Designee, Debatable for 10 Minutes

  At the end of section 13 (page 34, after line 22), add the 
following:
  (h) Process for Decommissioning Oil and Gas Platforms and 
Drilling Rigs.--The National Ocean Council, operating under 
Executive Order 13547, shall convene a meeting of 
representatives of the National Oceanic and Atmospheric 
Administration, the Bureau of Safety and Environmental 
Enforcement, the States represented on the Gulf of Mexico 
Fishery Management Council, and stakeholders, to develop a 
process for decommissioning oil and gas platforms and drilling 
rigs that eliminates harm to the Gulf of Mexico red snapper 
stock of fish and enhances conservation of habitat of such 
stock.
                              ----------                              


5. An Amendment To Be Offered by Representative Young of Alaska or His 
                   Designee, Debatable for 10 Minutes

  Page 46, strike lines 5 through 9 and insert the following:
  ``(4) The Secretary shall, to the extent practicable, when 
hiring individuals to collect information regarding marine 
recreational fishing under this subsection, give preference to 
students studying fisheries conservation and management, water 
resource issues, or other relevant subjects at an institution 
of higher education in the United States.''.
  Page 46, beginning at line 19, strike ``Regional Fishery'' 
and all that follows through line 22 and insert ``the South 
Atlantic Fishery Management Council and Gulf of Mexico Fishery 
Management Council on criteria that''.
  Page 47, after line 22, insert the following:

SEC. __. REQUIREMENTS FOR LIMITED ACCESS PRIVILEGES.

  Section 3303A(c)(1)(G) (16 U.S.C. 1853a(c)(1)(G)) is amended 
to read as follows:
                  ``(G) include provisions for a formal and 
                detailed review 5 years after the 
                implementation of the program, and thereafter 
                the regular monitoring and review by the 
                Council and the Secretary of the operations and 
                impacts of the program, to coincide with 
                scheduled Council review of the relevant 
                fishery management plan (but no less frequently 
                than once every 7 years) including--
                          ``(i) determining progress in meeting 
                        the goals of the program and this Act;
                          ``(ii) delineating the positive and 
                        negative economic effects of the 
                        program on fishermen and processors who 
                        are part of the program and the coastal 
                        communities in which they reside; and
                          ``(iii) any necessary modification of 
                        the program to meet those goals, 
                        including a formal schedule for action 
                        to be taken within 2 years;''.

SEC. __. HEALTHY FISHERIES THROUGH BETTER SCIENCE.

  (a) Definition of Stock Assessment.--Section 3 (16 U.S.C. 
1802), as amended by section 23(a) of this Act, is further 
amended by redesignating the paragraphs after paragraph (42) in 
order as paragraphs (44) through (53), and by inserting after 
paragraph (42) the following:
          ``(43) The term `stock assessment' means an 
        evaluation of the past, present, and future status of a 
        stock of fish, that includes--
                  ``(A) a range of life history characteristics 
                for such stock, including--
                          ``(i) the geographical boundaries of 
                        such stock; and
                          ``(ii) information on age, growth, 
                        natural mortality, sexual maturity and 
                        reproduction, feeding habits, and 
                        habitat preferences of such stock; and
                  ``(B) fishing for the stock.''.
  (b) Stock Assessment Plan.--
          (1) In general.--Section 404 (16 U.S.C. 1881c), as 
        amended by section 10(d) of this Act, is further 
        amended by adding at the end the following:
  ``(f) Stock Assessment Plan.--
          ``(1) In general.--The Secretary shall develop and 
        publish in the Federal Register, on the same schedule 
        as required for the strategic plan required under 
        subsection (b) of this section, 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) every 5 years; or
                                  ``(II) within such other time 
                                period specified and justified 
                                by the Secretary in the plan;
                  ``(B) for each 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 within 3 
                        years after 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 such data and 
                analysis could be provided by fishermen, 
                fishing communities, universities, and research 
                institutions.
          ``(3) Waiver of stock assessment requirement.--
        Notwithstanding subparagraphs (A)(ii) and (B)(ii), a 
        stock assessment is not required for a stock of fish in 
        the plan if the Secretary determines that such a stock 
        assessment is not necessary and justifies such 
        determination in the Federal Register notice required 
        by this subsection.''.
          (2) Deadline.--Notwithstanding paragraph (1) of 
        section 404(f) of the Magnuson-Stevens Fishery 
        Conservation and Management Act, as amended by this 
        section, the Secretary of Commerce shall issue the 
        first stock assessment plan under such section by not 
        later than 2 years after the date of enactment of this 
        Act.
  (c) Improving Science.--
          (1) Incorporation of information from wide variety of 
        sources.--Section 2(a)(8) of the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 
        1801) is amended by adding at the end the following: 
        ``Fisheries management is most effective when it 
        incorporates information provided by governmental and 
        nongovernmental sources, including State and Federal 
        agency staff, fishermen, fishing communities, 
        universities, and research institutions. As 
        appropriate, such information should be considered the 
        best scientific information available and form the 
        basis of conservation and management measures as 
        required by this Act.''.
          (2) Improving data collection and analysis.--Section 
        404 (16 U.S.C. 1881c), as amended by this section, is 
        further amended by adding at the end the following:
  ``(g) Improving Data Collection and Analysis.--
          ``(1) In general.--The Secretary, in consultation 
        with the Councils acting in reliance on their science 
        and statistical committees established under section 
        302(g), shall develop and publish in the Federal 
        Register guidelines that will facilitate greater 
        incorporation of data, analysis, and stock assessments 
        from nongovernmental sources, including fishermen, 
        fishing communities, universities, and research 
        institutions, into fisheries management decisions.
          ``(2) Content.--The guidelines shall--
                  ``(A) identify types of data and analysis, 
                especially concerning recreational fishing, 
                that can be reliably used as the basis for 
                establishing conservation and management 
                measures as required by section 303(a)(1), 
                including setting standards for the collection 
                and use of such data and analysis in stock 
                assessments and for other purposes; and
                  ``(B) provide specific guidance for 
                collecting data and performing analyses 
                identified as necessary to reduce the 
                uncertainty referred to in section 
                404(f)(2)(C).
          ``(3) Acceptance and use of data and analyses.--The 
        Secretary and Regional Fishery Management Councils 
        shall--
                  ``(A) use all data and analyses that meet the 
                guidelines published under paragraph (1) as the 
                best scientific information available for 
                purposes of this Act in fisheries management 
                decisions, unless otherwise determined by the 
                science and statistical committee of the 
                Councils established pursuant to section 302(g) 
                of the Act; and
                  ``(B) explain in the Federal Register notice 
                announcing the fishery management decision how 
                such data and analyses have been used to 
                establish conservation and management 
                measures.''.
          (3) Deadline.--The Secretary of Commerce shall 
        develop and publish guidelines under the amendment made 
        by paragraph (2) by not later than 1 year after the 
        date of enactment of this Act.
  (d) Cost Reduction Report.--Within 1 year after the date of 
enactment of this Act, the Secretary of Commerce, in 
consultation with the Regional Fishery Management Councils, 
shall submit a report to Congress that, with respect to each 
fishery governed by a fishery management plan in effect under 
the Magnuson-Stevens Fishery Conservation and Management Act 
(16 U.S.C. 1801 et seq.)--
          (1) identifies the goals of the applicable programs 
        governing monitoring and enforcement of fishing that is 
        subject to such plan;
          (2) identifies methods to accomplish those goals, 
        including human observers, electronic monitoring, and 
        vessel monitoring systems;
          (3) certifies which such methods are most cost-
        effective for fishing that is subject to such plan; and
          (4) explains why such most-cost-effective methods are 
        not required, if applicable.
                              ----------                              


6. An Amendment To Be Offered by Representative Graves of Louisiana or 
                 His Designee, Debatable for 10 Minutes

  Add at the end the following:

SEC. 29. 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. SHORT TITLE.

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

``SEC. 502. 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 states.--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 503(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. 503. 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 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. 504. 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 503 
        for each of the Gulf coastal States.
          ``(2) Transfer of management.--Upon receipt of the 
        certification described in paragraph (1) and subject to 
        section 503 (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 503 (d), each Gulf coastal State shall 
        implement and enforce the red snapper fishery 
        management plans approved under section 503 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. 505. 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 504(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 503 for such State;
          ``(2) each such plan continues to be in compliance 
        with the standards for sustainability provided by the 
        GSRSMA pursuant to section 503(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. 506. 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. 507. 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 
as in effect on the date of the enactment of this section, 
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. Short title.
``Sec. 502. Definitions.
``Sec. 503. Management of Gulf of Mexico red snapper.
``Sec. 504. State implementation of the red snapper fishery management 
          plans.
``Sec. 505. Oversight of Gulf of Mexico red snapper management.
``Sec. 506. Gulf States Marine Fisheries Commission.
``Sec. 507. No effect on management of shrimp fisheries in Federal 
          waters.''.
                    ____________________________________________________

7. An Amendment To Be Offered by Representative Wittman of Virginia or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

SEC. 29. AUTHORITY TO USE ALTERNATIVE FISHERY MANAGEMENT MEASURES.

  Section 302(h) (16 U.S.C. 1852(h)) is amended--
          (1) by redesignating paragraph (8) as paragraph (9); 
        and
          (2) 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 targets, 
        and harvest control rules, in developing a fishery 
        management plan, plan amendment, or proposed 
        regulations.''.
                              ----------                              


 8. An Amendment To Be Offered by Representative Huffman of California 
               or His Designee, Debatable for 20 Minutes

  Strike all and insert the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Fishing Economy Improvement 
Act''.

SEC. 2. REFERENCES.

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

SEC. 3. AMENDMENTS TO DEFINITIONS.

  Section 3 (16 U.S.C. 1802) is amended--
          (1) by inserting after paragraph (1) the following:
          ``(1a) The term `artisanal fishing' means subsistence 
        or small scale traditional fishing involving fishing 
        households (as opposed to commercial companies)--
                  ``(A) using a relatively small amount of 
                capital and energy and relatively small fishing 
                vessels (if any);
                  ``(B) making short fishing trips, close to 
                shore; and
                  ``(C) mainly for local consumption.'';
          (2) by inserting after paragraph (27) the following:
          ``(27a) The term `marine aquaculture' means the 
        propagation and rearing of aquatic species in 
        controlled or selected environments in the exclusive 
        economic zone.''; and
          (3) in paragraph (16), by adding at the end the 
        following: ``Such term does not include marine 
        aquaculture.''.

SEC. 4. TRANSPARENCY AND PUBLIC PROCESS.

  (a) Advice.--Section 302(g)(1)(B) (16 U.S.C. 1852(g)(1)(B)) 
is amended by adding at the end the following: ``Each 
scientific and statistical committee shall develop such advice 
in a transparent manner and allow for public involvement in the 
process.''.
  (b) Meetings.--Section 302(i)(2) (16 U.S.C. 1852(i)(2)) is 
amended by adding at the end the following:
                  ``(G) Each Council shall make available on 
                the Internet website of the Council--
                          ``(i) to the extent practicable, a 
                        Web cast or a live audio or video 
                        broadcast of each meeting of the 
                        Council, and of the Council 
                        Coordination Committee established 
                        under subsection (l), that is not 
                        closed in accordance with paragraph 
                        (3); and
                          ``(ii) an audio or video recording 
                        (if the meeting was in person or by 
                        video conference), or a searchable 
                        audio recording or written transcript, 
                        of each meeting of the Council and of 
                        the meetings of committees referred to 
                        in section 302(g)(1)(B) of the Council, 
                        by not later than 30 days after the 
                        conclusion of the meeting.
                  ``(H) The Secretary shall maintain and make 
                available to the public an archive of Council 
                and scientific and statistical committee 
                meeting audios, videos, and transcripts made 
                available under clauses (i) and (ii) 
                subparagraph (G).''.

SEC. 5. INCLUSION OF ARTISANAL FISHING SECTORS IN FISHERY MANAGEMENT 
                    PLANS.

  Section 303(a)(13) (16 U.S.C. 1853(a)(13)) is amended by 
inserting ``artisanal,'' after ``include a description of the 
commercial, recreational,''.

SEC. 6. IMPROVING FISHERIES DATA COLLECTION.

  (a) Electronic Monitoring.--
          (1) Issuance of guidance.--
                  (A) Requirement.--The Secretary of Commerce 
                shall issue guidance regarding the use of 
                electronic monitoring for the purposes of 
                monitoring fisheries that are subject to the 
                Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1801 et seq.).
                  (B) Content.--The guidance shall--
                          (i) distinguish between monitoring 
                        for data collection and research 
                        purposes and monitoring for compliance 
                        and enforcement purposes; and
                          (ii) include minimum criteria, 
                        objectives, or performance standards 
                        for electronic monitoring.
                  (C) Process.--In issuing the guidance the 
                Secretary shall--
                          (i) consult with the Regional Fishery 
                        Management Councils and interstate 
                        fishery management commissions;
                          (ii) publish the proposed guidance; 
                        and
                          (iii) provide an opportunity for the 
                        submission by the public of comments on 
                        the proposed guidance.
          (2) Implementation of monitoring.--
                  (A) In general.--Subject to subparagraph (B), 
                and after the issuance of the final guidance, a 
                Council, or the Secretary for fisheries 
                referred to in section 302(a)(3) of the 
                Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1852(a)(3)), may, in 
                accordance with the guidance, on a fishery-by-
                fishery basis and consistent with the existing 
                objectives and management goals of a fishery 
                management plan and the Act for a fishery 
                issued by the Council or the Secretary, 
                respectively, amend such plan--
                          (i) to incorporate electronic 
                        monitoring as an alternative tool for 
                        data collection and monitoring purposes 
                        or for compliance and enforcement 
                        purposes (or both); and
                          (ii) to allow for the replacement of 
                        a percentage of on-board observers with 
                        electronic monitoring.
                  (B) Comparability.--Subparagraph (A) shall 
                apply to a fishery only if the Council or 
                Secretary, respectively, determines that such 
                monitoring will yield comparable data 
                collection and compliance results.
          (3) Pilot projects.--Before the issuance of final 
        guidance, a Council, or the Secretary for fisheries 
        referred to in section 302(a)(3) of the Magnuson-
        Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1852(a)(3)), may, subject to the requirements of 
        such Act, on a fishery-by-fishery basis, and consistent 
        with the existing objectives and management goals of a 
        fishery management plan for a fishery issued by the 
        Council or the Secretary, respectively, conduct a pilot 
        project for the use of electronic monitoring for the 
        fishery.
          (4) Deadline.--The Secretary shall issue final 
        guidance under this subsection by not later than 12 
        months after the date of enactment of this Act.
  (b) Video and Acoustic Survey Technologies.--The Secretary 
shall work with the Regional Fishery Management Councils and 
nongovernmental entities to develop and implement the use 
pursuant to the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.) of video survey 
technologies and expanded use of acoustic survey technologies.

SEC. 7. COOPERATIVE RESEARCH AND MANAGEMENT PROGRAM.

  (a) Plan.--Section 318 (16 U.S.C. 1867) is amended--
          (1) in subsection (a), by inserting ``(1)'' before 
        the first sentence, and by adding at the end the 
        following:
  ``(2) Not later than one year after the date of enactment of 
the Fishing Economy Improvement Act, and after consultation 
with the Councils, the Secretary shall publish a plan for 
implementing and conducting the program established in 
paragraph (1). Such plan shall identify and describe critical 
regional fishery management and research needs, including for 
data-poor stocks for which limited scientific or commercial 
information is available, possible projects that may address 
those needs, and estimated costs for such projects. The plan 
shall be revised and updated every 5 years, and updated plans 
shall include a brief description of projects that were funded 
in the prior 5-year period and the research and management 
needs that were addressed by those projects.'';
          (2) in subsection (b), by striking ``in consultation 
        with the Secretary.'' and inserting ``. Each Council 
        shall provide a list of such needs to the Secretary on 
        an annual basis, identifying and prioritizing such 
        needs.''; and
          (3) in subsection (c)--
                  (A) in the heading, by striking ``Funding'' 
                and inserting ``Priorities''; and
                  (B) in paragraph (1), by striking all after 
                ``including'' and inserting an em dash, 
                followed on the next line by the following:
                  ``(A) the use of fishing vessels or acoustic 
                or other marine technology;
                  ``(B) expanding the use of electronic catch 
                reporting programs and technology; and
                  ``(C) improving monitoring and observer 
                coverage through the expanded use of electronic 
                monitoring devices and satellite tracking 
                systems such as vessel monitoring systems (VMS) 
                on small vessels.''.
  (b) Zeke Grader Fisheries Conservation and Management Fund.--
          (1) In general.--Section 208 of the Magnuson-Stevens 
        Fishery Conservation and Management Reauthorization Act 
        of 2006 (16 U.S.C. 1891b) is amended--
                  (A) in the section heading, by inserting 
                ``ZEKE GRADER'' before ``FISHERIES CONSERVATION 
                AND MANAGEMENT FUND'';
                  (B) in subsection (a), by inserting ``Zeke 
                Grader'' before ``Fisheries Conservation and 
                Management Fund''; and
                  (C) in subsection (c), by striking ``Fishery 
                Conservation and Management Fund'' each place 
                it appears and inserting ``Zeke Grader 
                Fisheries Conservation and Management Fund''.
          (2) Clerical amendment.--The table of contents is 
        amended by striking the item relating to section 208 
        and inserting the following:

``Sec. 208. Zeke Grader Fisheries Conservation and Management Fund.''.

          (3) References.--Any reference in a law, map, 
        regulation, document, paper, or other record of the 
        United States to the ``Fisheries Conservation and 
        Management Fund'' is deemed to be a reference to the 
        ``Zeke Grader Fisheries Conservation and Management 
        Fund''.

SEC. 8. GULF OF MEXICO FISHERIES COOPERATIVE RESEARCH AND RED SNAPPER 
                    MANAGEMENT.

  (a) Reporting and Data Collection Program.--The Secretary of 
Commerce shall--
          (1) in conjunction with the States, the Gulf of 
        Mexico Fishery Management Council, and the recreational 
        fishing sectors, develop and implement a real-time 
        reporting and data collection program for the Gulf of 
        Mexico red snapper fishery using available technology; 
        and
          (2) make implementation of this subsection a priority 
        for funds received by the Secretary and allocated to 
        the Gulf of Mexico region under section 2 of the Act of 
        August 11, 1939 (commonly known as the ``Saltonstall-
        Kennedy Act'') (15 U.S.C. 713c-3).
  (b) Stock Surveys and Stock Assessments.--The Secretary of 
Commerce, acting through the National Marine Fisheries Service 
Regional Administrator of the Southeast Regional Office, shall 
for purposes of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.)--
          (1) develop a schedule of stock surveys and stock 
        assessments for the Gulf of Mexico Region and the South 
        Atlantic Region for the 5-year period beginning on the 
        date of the enactment of this Act and for every 5-year 
        period thereafter;
          (2) direct the Southeast Science Center Director to 
        implement such schedule; and
          (3) in such development and implementation--
                  (A) give priority to those stocks that are 
                commercially or recreationally important; and
                  (B) ensure that each such important stock is 
                surveyed at least every 5 years.
  (c) Use of Fisheries Information in Stock Assessments.--The 
Southeast Science Center Director shall ensure that fisheries 
information made available through fisheries programs funded 
under Public Law 112-141 is incorporated as soon as possible 
into any fisheries stock assessments conducted after the date 
of the enactment of this Act.

SEC. 9. RECREATIONAL FISHING DATA.

  (a) Recreational Data Collection.--Section 401(g) (16 U.S.C. 
1881(g)) is amended by redesignating paragraph (4) as paragraph 
(5), and by inserting after paragraph (3) the following:
          ``(4) Federal-state partnerships.--
                  ``(A) Establishment.--The Secretary shall 
                establish partnerships with States to develop 
                best practices for implementation of State 
                programs that are exempted under paragraph (2).
                  ``(B) Guidance.--The Secretary shall develop 
                guidance, in cooperation with the States, that 
                details best practices for administering State 
                programs that are exempted under paragraph (2), 
                and provide such guidance to the States.
                  ``(C) Biennial report.--The Secretary shall 
                submit to the Congress and publish biennial 
                reports that include--
                          ``(i) the estimated accuracy of the 
                        registry program established under 
                        paragraph (1) and of State programs 
                        that are exempted under paragraph (2);
                          ``(ii) priorities for improving 
                        recreational fishing data collection; 
                        and
                          ``(iii) an explanation of any use of 
                        information collected by such State 
                        programs and by the Secretary, 
                        including a description of any 
                        consideration given to the information 
                        by the Secretary.
                  ``(D) State grant program.--The Secretary 
                shall make grants to States to improve 
                implementation of State programs consistent 
                with this subsection. The Secretary shall 
                prioritize such grants based on the ability of 
                the grant to improve the quality and accuracy 
                of such programs.''.
  (b) Study of Recreational Fisheries Data.--
          (1) In general.--Not later than 60 days after the 
        date of the enactment of this Act, the Secretary of 
        Commerce shall enter into an agreement with the 
        National Research Council of the National Academy of 
        Sciences to study the implementation of the programs 
        described in section 401 of the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 
        1881). The study shall--
                  (A) provide an updated assessment of 
                recreational survey methods established or 
                improved since the publication of the Council's 
                report entitled ``Review of Recreational 
                Fisheries Survey Methods (2006)'';
                  (B) evaluate the extent to which the 
                recommendations made in that report were 
                implemented pursuant to subsection (g)(3)(B) of 
                that section; and
                  (C) examine any limitations of the Marine 
                Recreational Fishery Statistics Survey and the 
                marine recreational information program 
                established under subsection (g)(3)(A) of that 
                section.
          (2) Report.--Not later than 1 year after entering 
        into an agreement under paragraph (1) the Secretary 
        shall submit a report to Congress on the results of the 
        study under paragraph (1).

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

  Section 4 (16 U.S.C. 1803) is amended--
          (1) by striking ``this Act'' and all that follows 
        through ``(7)'' and inserting ``this Act''; and
          (2) by striking ``fiscal year 2013'' and inserting 
        ``each of fiscal years 2016 through 2021''.

                                  [all]