[House Report 114-851]
[From the U.S. Government Publishing Office]


114th Congress     }                                     {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session        }                                     {     114-851

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



 
            GULF STATES RED SNAPPER MANAGEMENT AUTHORITY ACT

                                _______
                                

December 8, 2016.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 3094]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (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, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.

``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 has implemented the necessary 
        measures to end overfishing or rebuild the fishery.
          ``(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 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. PROHIBITION ON FEDERAL FUNDING.

  ``No Federal funds are authorized to be appropriated to or used for 
the GSRSMA or its members to carry out management actions of red 
snapper in the Gulf of Mexico.

``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)(C)) 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 carrying out activities pursuant to the 
Fishery Management Plan for the Reef Fish Resources of 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. Prohibition on Federal funding.
``Sec. 506. No effect on management of shrimp fisheries in Federal 
waters.''.

                          Purpose of the Bill

    The purpose of H.R. 3094 is 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.

                  Background and Need for Legislation

    H.R. 3094, as amended, transfers management authority of 
red snapper in the Gulf of Mexico from the Gulf of Mexico 
Fishery Management Council to the Gulf States Red Snapper 
Management Authority--an entity created by this bill consisting 
of the marine fisheries managers from each of the five Gulf of 
Mexico states.
    The red snapper is a species of fish found in the South 
Atlantic and the Gulf with a known range from the Carolinas to 
Texas. These fish can grow upwards of 40 inches and 50 pounds 
and can have a lifespan of over 50 years. Categorized as ``reef 
fish,'' adult red snapper typically inhabit the bottom of the 
ocean near reefs, rocks, ledges and caves.
    According to the National Oceanic and Atmospheric 
Administration (NOAA), red snapper has been caught in the Gulf 
since at least the mid-1800s. Red snapper is a highly sought-
after species by both commercial and recreational fishermen in 
the area. In 1979, the Council created its ``Reef Fish 
Management Plan'' which included red snapper. The Magnuson-
Stevens Fishery Conservation and Management Act of 1996 (Public 
Law 94-265) contained components addressing bycatch and 
rebuilding overfished fisheries. In February 1998, the Council 
amended the reef fish management plan to require bycatch 
reduction devices (BRD) for shrimp trawls in federal waters 
that were inadvertently catching red snapper in their shrimp 
nets. With the BRD requirement in place, the recovery of red 
snapper required closed seasons, commercial quotas, 
recreational bag limits, size limits and effective reduction in 
bycatch due to BRDs. The introduction of BRDs in 1998 allowed 
recreational and commercial anglers to roughly split a 9.12 
million-pound annual Total Allowable Catch (TAC).
    In 2005, a NOAA assessment found that the red snapper stock 
had failed to meet certain improvement targets mandated by the 
rebuilding plan. The assessment resulted in further quota 
reductions. NOAA data shows that quotas reached an all-time low 
in 2011 when the recreational and commercial quota was set at 
five million pounds combined. The quotas have increased since 
then.
    Since the red snapper is a federally-managed species under 
the Magnuson-Stevens Act, the recreational and commercial 
quotas in federal waters are ultimately determined by the 
Council. The Council consists of members of the recreational, 
commercial, and charter-for-hire fisheries as well as a 
representative from each of the five Gulf states (Texas, 
Louisiana, Mississippi, Alabama and Florida), NOAA, and the 
U.S. Fish and Wildlife Service. Under NOAA's reef fish 
management plan, the commercial red snapper fishery is managed 
under an Individual Fishing Quota program for all federally 
permitted vessels. The same management plan sets the federal 
recreational season in terms of days. The Council uses 
historical catch data to set a recreational quota in pounds and 
bases the season length on an estimation of how long it would 
take the recreational sector to catch the quota.
    Under the Council's Final Amendment 28 to the Reef Fish 
Resources of the Gulf of Mexico, released in August 2015, the 
overall red snapper quota for the federally permitted 
commercial sector was set at 48.5 percent and the recreational/
charter-for-hire was set at 51.5 percent.
    A 2014 U.S. District Court decision in a suit filed by Mr. 
Keith Guindon of Kate's Seafood in Galveston, Texas, found that 
NOAA failed to require adequate accountability measures for the 
recreational industry.\1\ As a result, NOAA implemented an 
annual catch target (ACT) for the recreational sector 20% below 
the quota set by the Council to prevent exceeding the quota.
---------------------------------------------------------------------------
    \1\Buddy Guindon, Gulf of Mexico Reef Fish Shareholders Alliance, 
available at: https://www.edf.org/sites/default/files/
Buddy%20Guindon's%20Story.pdf.
---------------------------------------------------------------------------
    In December 2014, the Council approved and submitted the 
Final Amendment 40 to the Reef Fish Resources of the Gulf of 
Mexico to NOAA requesting that the federal recreational quota 
for red snapper be divided into two parts--allocating 42.3 
percent of the recreational quota to charter-for-hire boats and 
57.7 percent of the recreational quota to private anglers. As a 
result, the entire 2016 quota of 13.96 million pounds was split 
approximately 6.77 million pounds to commercial and 7.19 
million pounds to recreational/charter-for-hire. Taking into 
account the ACT, the actual catchable quota for the charter-
for-hire was only 3.04 million pounds and the recreational 
sector was only 4.15 million pounds for 2016. As a result, NOAA 
allotted recreational anglers merely nine days in federal 
waters, and charter-for-hire vessels 46 days in federal waters 
for the 2016 season. The commercial quota remains open year 
round under an individual fishing quota system managed under 
the Magnuson-Stevens Act umbrella.
    Each of the five Gulf states has the authority to manage 
the red snapper fishery in their respective state waters. Faced 
with an increasing red snapper population within state waters, 
recreational anglers were allotted approximately 70 days in 
Florida, 30 days in Alabama, 122 days in Mississippi, and 204 
days in Louisiana in 2015. The Texas Parks and Wildlife 
Department kept state waters open year-round for recreational 
red snapper fishing. The states use bag limits (amount of fish 
an angler can retain daily) and size limits for retained fish 
as management tools.
    As a result of limited recreational seasons in federal 
waters, criticism of the science used in justifying such 
seasons, ongoing objections to the overall allocation of red 
snapper, and strong opposition to programs in place for the 
commercial and the charter-for-hire sectors, recreational 
angling organizations and the five Gulf states have sought 
management changes as a way to improve recreational access.
    H.R. 3094, based on a five Gulf-state agreement reached 
last year, is one such proposal. The legislation specifically 
transfers federally sponsored red snapper management in federal 
waters (currently 9 to 200 miles nautical miles offshore) to 
state-based management. In doing so, H.R. 3094 creates the Gulf 
States Red Snapper Management Authority (GSRSMA), which would 
consist of the principal marine fisheries managers from each of 
the five Gulf states, with a rotating chair every two years.
    The five Gulf states released a joint statement announcing 
that the GSRSMA would ``allow states to use flexible management 
approaches to manage red snapper to meet local needs as well as 
Gulf-wide conservation goals.''\2\ The GSRSMA would ultimately 
be charged with approving each state's management plan and 
holding the states accountable under their respective 
management plans, and coordinating stock assessments and 
research among the five states.
---------------------------------------------------------------------------
    \2\Steve Lightfoot, Texas Parks and Wildlife: Recreational Anglers 
Get 10-Days in Federal Waters for Red Snapper, (May 26, 2015); 
available at: http://tpwd.texas.gov/newsmedia/releases/?req=20150526a.
---------------------------------------------------------------------------
    The bill's plan to take management out of the auspices of 
the federal Magnuson-Stevens Act structure and give management 
to a region of states is not without precedent. For example, 
the States of California, Oregon and Washington manage the 
Dungeness crab under existing federal law (Public Law 105-384). 
In addition, the Atlantic states manage striped bass along the 
east coast under the Atlantic Striped Bass Conservation Act 
(Public Law 98-613), although striped bass fishing is currently 
not allowed in federal waters.
    As amended, H.R. 3094 prohibits federal funding from going 
to the GSRSMA or its members for carrying out the management of 
red snapper. It is not intended to impact NOAA's existing 
authority to conduct various data collection and research 
efforts related to the Gulf of Mexico reef fish stocks, 
including red snapper.

                      Section-by-Section Analysis


Section 1. Short title

    This section states the title of the bill as the ``Gulf 
States Red Snapper Management Authority Act.''

Section 2. Transfer to states of management of red snapper fisheries in 
        the Gulf of Mexico

    Section two of H.R. 3094, as amended, amends the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 
1801) by adding a new Title V--Transfer to States of Management 
of Red Snapper in the Gulf of Mexico. Specifically, the section 
requires that, within 60 days of enactment of the legislation, 
the Secretary of Commerce shall establish the GSRSMA consisting 
of the principal fishery managers of each of the five Gulf 
states. The GSRSMA would be tasked with approving each of the 
states' red snapper management plan, enforcing each states' 
plan, and distributing federal funding for management, 
enforcement, and data collection. Prior to approving states' 
fishery management plans, the GSRSMA would be required to 
collect public comment and hold public meetings on the proposed 
plans.
    Once the initial state fishery management plans have been 
approved by the GSRSMA, the Secretary would then publish a 
notice in the Federal Register removing red snapper from the 
Council's Reef Fish Fishery Management Plan and grant full red 
snapper management to the GSRSMA.
    Should the GSRSMA find that one of the states is out of 
compliance with its approved management plan, the five states 
would vote on whether to notify the Secretary. If, by majority 
vote, the states determine to notify the Secretary that one of 
the states is out of compliance, the Secretary could then shut 
down all fishing for red snapper in federal waters within that 
state's jurisdiction. Fishing would remain in state waters of 
the affected state (0-9 nautical miles). Additionally, each 
state is required by this act to submit annual reports to the 
GSRSMA on the status of the fishery in the respective state.
    This section is intended to afford some assurance that 
access to the fishery will remain constant for all participants 
in the fishery throughout the transfer of management to the 
states. Under H.R. 3094, should a state's management plan 
recommend a reduced quota of more than 10 percent, that 
management plan would then be subject to review and approval by 
the Secretary. Further, the Council would continue to manage 
the commercial fishery for the first three years of the 
transition. Additionally, the bill does not change the 
individual quota shares currently in place in the commercial 
sector.
    While H.R. 3094 vacates the federal management plan for red 
snapper, there is a clause in Section 2 pertaining to shrimp 
bycatch measures in the Gulf of Mexico. Currently, the fishery 
management plan for red snapper includes strict bycatch 
reduction standards for the shrimp industry. As red snapper 
typically inhabit the bottom of the ocean, they are susceptible 
to being caught in shrimp nets. The language in Section 2 
states that, while the federal red snapper management plan is 
to be fully vacated, the language within that plan pertaining 
to bycatch reduction technology for the shrimp industry shall 
remain intact.
    This section, as amended, prohibits federal funding from 
going to the GSRSMA or its members for carrying out the 
management of red snapper, but is not intended to impact NOAA's 
existing authority to conduct various data collection and 
research efforts related to the Gulf of Mexico reef fish 
stocks, including red snapper.

                            Committee Action

    H.R. 3094 was introduced on July 16, 2015, by Congressman 
Garret Graves (R-LA). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Water, Power and Oceans. On October 22, 2015, the 
Subcommittee held a hearing on the bill. On June 14, 2016, the 
Natural Resources Committee met to consider the bill. The 
Subcommittee on Water, Power and Oceans was discharged by 
unanimous consent. Congressman Rob Bishop (R-UT) offered an 
amendment designated 052; it was adopted by voice vote. 
Congressman Don Young (R-AK) offered and withdrew an amendment 
designated #1. No additional amendments were offered and the 
bill, as amended, was ordered favorably reported to the House 
of Representatives on June 15, 2016, by a bipartisan roll call 
vote of 24 yeas to 14 nays, as follows:


            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    Compliance With House Rule XIII

    1. Cost of Legislation and Congressional Budget Act of 
1974. With respect to the requirements of clause 3(c)(2) and 
(3) of rule XIII of the Rules of the House of Representatives 
and sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the enclosed cost estimate for 
the bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 20, 2016.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3094, the Gulf 
States Red Snapper Management Authority Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 3094--Gulf States Red Snapper Management Authority Act

    H.R. 3094 would create the Gulf States Red Snapper 
Management Authority (GSRSMA) and would transfer the management 
of red snapper fish in parts of the Gulf of Mexico from the 
Gulf of Mexico Fishery Management Council (Council) to the 
GSRSMA. Under the bill, the GSRSMA would set planning standards 
for coastal states along the Gulf of Mexico to use when 
creating their own plans for managing red snapper. The GSRSMA 
would be required to review, approve, and enforce those plans. 
The states' plans and any relevant supporting data would have 
to be available to the public.
    Under current law, the Council uses funding provided by the 
National Oceanic and Atmospheric Administration (NOAA) to 
manage multiple fisheries in the Gulf of Mexico. In 2016, NOAA 
allocated $3.6 million to the Council for fishery management 
activities. CBO expects that under H.R. 3094 the need for that 
level of funding would not significantly change.
    The bill would prohibit federal funding from being used to 
carry out the management of red snapper fisheries in the Gulf 
of Mexico by the GSRSMA or its members. Based on an analysis of 
information provided by NOAA about the cost to set standards 
for and evaluate fish management plans, CBO estimates that 
implementing S. 3094 would cost $1 million over the 2017-2021 
period. Any spending by the federal government would be subject 
to the availability of appropriated funds.
    Enacting H.R. 3094 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting H.R. 3094 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2027.
    H.R. 3094 would impose an intergovernmental mandate as 
defined in the Unfunded Mandates Reform Act (UMRA) by requiring 
states along the Gulf of Mexico to submit fisheries management 
plans and annual reports to the GSRSMA. Because states 
currently perform similar activities to comply with regulations 
under existing federal law, CBO expects that the incremental 
compliance costs would be small and would fall below the annual 
threshold established in UMRA for intergovernmental mandates 
($77 million in 2016, as adjusted for inflation).
    The bill contains no private-sector mandates as defined in 
UMRA.
    The CBO staff contacts for this estimate are Robert Reese 
(for federal costs) and Jon Sperl (for intergovernmental 
mandates). The estimate was approved by H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is 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.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any state, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

        MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT


     * * * * * * *

 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. Prohibition on Federal funding.
Sec. 506. No effect on management of shrimp fisheries in Federal waters.

           *       *       *       *       *       *       *


TITLE III--NATIONAL FISHERY MANAGEMENT PROGRAM

           *       *       *       *       *       *       *


SEC. 306. STATE JURISDICTION.

  (a) In General.--
          (1) Except as provided in subsection (b), nothing in 
        this Act shall be construed as extending or diminishing 
        the jurisdiction or authority of any State within its 
        boundaries.
          (2) For the purposes of this Act, except as provided 
        in subsection (b), the jurisdiction and authority of a 
        State shall extend--
                  (A) to any pocket of waters that is adjacent 
                to the State and totally enclosed by lines 
                delimiting the territorial sea of the United 
                States pursuant to the Geneva Convention on the 
                Territorial Sea and Contiguous Zone or any 
                successor convention to which the United States 
                is a party;
                  (B) with respect to the body of water 
                commonly known as Nantucket Sound, to the 
                pocket of water west of the seventieth meridian 
                west of Greenwich; and
                  (C) to the waters of southeastern Alaska (for 
                the purpose of regulating fishing for other 
                than any species of crab) that are--
                          (i) north of the line representing 
                        the international boundary at Dixon 
                        Entrance and the westward extension of 
                        that line; east of 138 degrees west 
                        longitude; and not more than three 
                        nautical miles seaward from the coast, 
                        from the lines extending from headland 
                        to headland across all bays, inlets, 
                        straits, passes, sounds, and entrances, 
                        and from any island or group of 
                        islands, including the islands of the 
                        Alexander Archipelago (except Forrester 
                        Island); or
                          (ii) between the islands referred to 
                        in clause (i) (except Forrester Island) 
                        and the mainland.
          (3) A State may regulate a fishing vessel outside the 
        boundaries of the State in the following circumstances:
                  (A) The fishing vessel is registered under 
                the law of that State, and (i) there is no 
                fishery management plan or other applicable 
                Federal fishing regulations for the fishery in 
                which the vessel is operating; or (ii) the 
                State's laws and regulations are consistent 
                with the fishery management plan and applicable 
                Federal fishing regulations for the fishery in 
                which the vessel is operating.
                  (B) The fishery management plan for the 
                fishery in which the fishing vessel is 
                operating delegates management of the fishery 
                to a State and the State's laws and regulations 
                are consistent with such fishery management 
                plan. If at any time the Secretary determines 
                that a State law or regulation applicable to a 
                fishing vessel under this circumstance is not 
                consistent with the fishery management plan, 
                the Secretary shall promptly notify the State 
                and the appropriate Council of such 
                determination and provide an opportunity for 
                the State to correct any inconsistencies 
                identified in the notification. If, after 
                notice and opportunity for corrective action, 
                the State does not correct the inconsistencies 
                identified by the Secretary, the authority 
                granted to the State under this subparagraph 
                shall not apply until the Secretary and the 
                appropriate Council find that the State has 
                corrected the inconsistencies. For a fishery 
                for which there was a fishery management plan 
                in place on August 1, 1996 that did not 
                delegate management of the fishery to a State 
                as of that date, the authority provided by this 
                subparagraph applies only if the Council 
                approves the delegation of management of the 
                fishery to the State by a three-quarters 
                majority vote of the voting members of the 
                Council.
                  (C) The fishing vessel is not registered 
                under the law of the State of Alaska and is 
                operating in a fishery in the exclusive 
                economic zone off Alaska for which there was no 
                fishery management plan in place on August 1, 
                1996, and the Secretary and the North Pacific 
                Council find that there is a legitimate 
                interest of the State of Alaska in the 
                conservation and management of such fishery. 
                The authority provided under this subparagraph 
                shall terminate when a fishery management plan 
                under this Act is approved and implemented for 
                such fishery.
  (b) Exception.--(1) If the Secretary finds, after notice and 
an opportunity for a hearing in accordance with section 554 of 
title 5, United States Code, that--
          (A) the fishing is a fishery, which is covered by a 
        fishery management plan implemented under this Act, is 
        engaged in predominately within the exclusive economic 
        zone and beyond such zone; and
          (B) any State has taken any action, or omitted to 
        take any action, the results of which will 
        substantially and adversely affect the carrying out of 
        such fishery management plan;
the Secretary shall promptly notify such State and the 
appropriate Council of such finding and of his intention to 
regulate the applicable fishery within the boundaries of such 
State (other than its internal waters), pursuant to such 
fishery management plan and the regulations promulgated to 
implement such plan.
  (2) If the Secretary, pursuant to this subsection, assumes 
responsibility for the regulation of any fishery, the State 
involved may at any time thereafter apply to the Secretary for 
reinstatement of its authority over such fishery. If the 
Secretary finds that the reasons for which he assumed such 
regulation no longer prevail, he shall promptly terminate such 
regulation.
  (3) If the State involved requests that a hearing be held 
pursuant to paragraph (1), the Secretary shall conduct such 
hearing prior to taking any action under paragraph (1).
  (4) Notwithstanding section 3(11) and subsection (a) of this 
section, for purposes of carrying out activities pursuant to 
the Fishery Management Plan for the Reef Fish Resources of 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) Exception Regarding Foreign Fish Processing in Internal 
Waters.--(1) A foreign fishing vessel may engage in fish 
processing within the internal waters of a State if, and only 
if--
          (A) the vessel is qualified for purposes of this 
        paragraph pursuant to paragraph (4)(C) or has received 
        a permit under section 204(d);
          (B) the owner or operator of the vessel applies to 
        the Governor of the State for, and (subject to 
        paragraph (2)) is granted, permission for the vessel to 
        engage in such processing and the application specifies 
        the species to be processed; and
          (C) the owner or operator of the vessel submits 
        reports on the tonnage of fish received from vessels of 
        the United States and the locations from which such 
        fish were harvested, in accordance with such procedures 
        as the Secretary by regulation shall prescribe.
  (2) The Governor of a State may not grant permission for a 
foreign fishing vessel to engage in fish processing under 
paragraph (1)--
          (A) for a fishery which occurs in the waters of more 
        than one State or in the exclusive economic zone, 
        except after--
                  (i) consulting with the appropriate Council 
                and Marine Fisheries Commission, and
                  (ii) considering any comments received from 
                the Governor of any other State where the 
                fishery occurs; and
          (B) if the Governor determines that fish processors 
        within the State have adequate capacity, and will 
        utilize such capacity, to process all of the United 
        States harvested fish from the fishery concerned that 
        are landed in the State.
  (3) Nothing in this subsection may be construed as relieving 
a foreign fishing vessel from the duty to comply with all 
applicable Federal and State laws while operating within the 
internal waters of a State incident to permission obtained 
under paragraph (1)(B).
  (4) For purposes of this subsection--
          (A) The term ``fish processing'' includes, in 
        addition to processing, the performance of any other 
        activity relating to fishing, including, but not 
        limited to, preparation, supply, storage, 
        refrigeration, or transportation.
          (B) The phrase ``internal waters of a State'' means 
        all waters within the boundaries of a State except 
        those seaward of the baseline from which the 
        territorial sea is measured.
          (C) A foreign fishing vessel shall be treated as 
        qualified for purposes of paragraph (1) if the foreign 
        nation under which it is flagged will be a party to (i) 
        a governing international fishery agreement or (ii) a 
        treaty described in section 201(b) of this Act (16 
        U.S.C. 1821(b)) during the time the vessel will engage 
        in the fish processing for which permission is sought 
        under paragraph (1)(B).

           *       *       *       *       *       *       *


               TITLE IV--FISHERY MONITORING AND RESEARCH

SEC. 401. REGISTRATION AND INFORMATION MANAGEMENT.

  (a) Standardized Fishing Vessel Registration and Information 
Management System.--The Secretary shall, in cooperation with 
the Secretary of the department in which the Coast Guard is 
operating, the States, the Councils, and Marine Fisheries 
Commissions, develop recommendations for implementation of a 
standardized fishing vessel registration and information 
management system on a regional basis. The recommendations 
shall be developed after consultation with interested 
governmental and nongovernmental parties and shall--
          (1) be designed to standardize the requirements of 
        vessel registration and information collection systems 
        required by this Act, the Marine Mammal Protection Act 
        (16 U.S.C. 1361 et seq.), and any other marine resource 
        law implemented by the Secretary, and, with the 
        permission of a State, any marine resource law 
        implemented by such State;
          (2) integrate information collection programs under 
        existing fishery management plans into a non-
        duplicative information collection and management 
        system;
          (3) avoid duplication of existing State, tribal, or 
        Federal systems and shall utilize, to the maximum 
        extent practicable, information collected from existing 
        systems;
          (4) provide for implementation of the system through 
        cooperative agreements with appropriate State, 
        regional, or tribal entities and Marine Fisheries 
        Commissions;
          (5) provide for funding (subject to appropriations) 
        to assist appropriate State, regional, or tribal 
        entities and Marine Fisheries Commissions in 
        implementation;
          (6) establish standardized units of measurement, 
        nomenclature, and formats for the collection and 
        submission of information;
          (7) minimize the paperwork required for vessels 
        registered under the system;
          (8) include all species of fish within the geographic 
        areas of authority of the Councils and all fishing 
        vessels including charter fishing vessels, but 
        excluding recreational fishing vessels;
          (9) require United States fish processors, and fish 
        dealers and other first ex-vessel purchasers of fish 
        that are subject to the proposed system, to submit 
        information (other than economic information) which may 
        be necessary to meet the goals of the proposed system; 
        and
          (10) include procedures necessary to ensure--
                  (A) the confidentiality of information 
                collected under this section in accordance with 
                section 402(b); and
                  (B) the timely release or availability to the 
                public of information collected under this 
                section consistent with section 402(b).
  (b) Fishing Vessel Registration.--The proposed registration 
system should, at a minimum, obtain the following information 
for each fishing vessel--
          (1) the name and official number or other 
        identification, together with the name and address of 
        the owner or operator or both;
          (2) gross tonnage, vessel capacity, type and quantity 
        of fishing gear, mode of operation (catcher, catcher 
        processor, or other), and such other pertinent 
        information with respect to vessel characteristics as 
        the Secretary may require; and
          (3) identification (by species, gear type, geographic 
        area of operations, and season) of the fisheries in 
        which the fishing vessel participates.
  (c) Fishery Information.--The proposed information management 
system should, at a minimum, provide basic fisheries 
performance information for each fishery, including--
          (1) the number of vessels participating in the 
        fishery including charter fishing vessels;
          (2) the time period in which the fishery occurs;
          (3) the approximate geographic location or official 
        reporting area where the fishery occurs;
          (4) a description of fishing gear used in the 
        fishery, including the amount and type of such gear and 
        the appropriate unit of fishing effort; and
          (5) other information required under subsection 
        303(a)(5) or requested by the Council under section 
        402.
  (d) Use of Registration.--Any registration recommended under 
this section shall not be considered a permit for the purposes 
of this Act, and the Secretary may not propose to revoke, 
suspend, deny, or impose any other conditions or restrictions 
on any such registration or the use of such registration under 
this Act.
  (e) Public Comment.--Within one year after the date of 
enactment of the Sustainable Fisheries Act, the Secretary shall 
publish in the Federal Register for a 60-day public comment 
period a proposal that would provide for implementation of a 
standardized fishing vessel registration and information 
collection system that meets the requirements of subsections 
(a) through (c). The proposal shall include--
          (1) a description of the arrangements of the 
        Secretary for consultation and cooperation with the 
        department in which the Coast Guard is operating, the 
        States, the Councils, Marine Fisheries Commissions, the 
        fishing industry and other interested parties; and
          (2) any proposed regulations or legislation necessary 
        to implement the proposal.
  (f) Congressional Transmittal.--Within 60 days after the end 
of the comment period and after consideration of comments 
received under subsection (e), the Secretary shall transmit to 
the Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Resources of the House of 
Representatives a recommended proposal for implementation of a 
national fishing vessel registration system that includes--
          (1) any modifications made after comment and 
        consultation;
          (2) a proposed implementation schedule, including a 
        schedule for the proposed cooperative agreements 
        required under subsection (a)(4); and
          (3) recommendations for any such additional 
        legislation as the Secretary considers necessary or 
        desirable to implement the proposed system.
  (g) Recreational Fisheries.--
          (1) Federal program.--The Secretary shall establish 
        and implement a regionally based registry program for 
        recreational fishermen in each of the 8 fishery 
        management regions. The program, which shall not 
        require a fee before January 1, 2011, shall provide 
        for--
                  (A) the registration (including 
                identification and contact information) of 
                individuals who engage in recreational 
                fishing--
                          (i) in the Exclusive Economic Zone;
                          (ii) for anadromous species; or
                          (iii) for Continental Shelf fishery 
                        resources beyond the Exclusive Economic 
                        Zone; and
                  (B) if appropriate, the registration 
                (including the ownership, operator, and 
                identification of the vessel) of vessels used 
                in such fishing.
          (2) State programs.--The Secretary shall exempt from 
        registration under the program recreational fishermen 
        and charter fishing vessels licensed, permitted, or 
        registered under the laws of a State if the Secretary 
        determines that information from the State program is 
        suitable for the Secretary's use or is used to assist 
        in completing marine recreational fisheries statistical 
        surveys, or evaluating the effects of proposed 
        conservation and management measures for marine 
        recreational fisheries.
          (3) Data collection.--
                  (A) Improvement of the marine recreational 
                fishery statistics survey.--Within 24 months 
                after the date of enactment of the Magnuson-
                Stevens Fishery Conservation and Management 
                Reauthorization Act of 2006, the Secretary, in 
                consultation with representatives of the 
                recreational fishing industry and experts in 
                statistics, technology, and other appropriate 
                fields, shall establish a program to improve 
                the quality and accuracy of information 
                generated by the Marine Recreational Fishery 
                Statistics Survey, with a goal of achieving 
                acceptable accuracy and utility for each 
                individual fishery.
                  (B) NRC report recommendations.--The program 
                shall take into consideration and, to the 
                extent feasible, implement the recommendations 
                of the National Research Council in its report 
                Review of Recreational Fisheries Survey Methods 
                (2006), including--
                          (i) redesigning the Survey to improve 
                        the effectiveness and appropriateness 
                        of sampling and estimation procedures, 
                        its applicability to various kinds of 
                        management decisions, and its 
                        usefulness for social and economic 
                        analyses; and
                          (ii) providing for ongoing technical 
                        evaluation and modification as needed 
                        to meet emerging management needs.
                  (C) Methodology.--Unless the Secretary 
                determines that alternate methods will achieve 
                this goal more efficiently and effectively, the 
                program shall, to the extent possible, 
                include--
                          (i) an adequate number of intercepts 
                        to accurately estimate recreational 
                        catch and effort;
                          (ii) use of surveys that target 
                        anglers registered or licensed at the 
                        State or Federal level to collect 
                        participation and effort data;
                          (iii) collection and analysis of 
                        vessel trip report data from charter 
                        fishing vessels;
                          (iv) development of a weather 
                        corrective factor that can be applied 
                        to recreational catch and effort 
                        estimates; [and]
                          (v) an independent committee composed 
                        of recreational fishermen, academics, 
                        persons with expertise in stock 
                        assessments and survey design, and 
                        appropriate personnel from the National 
                        Marine Fisheries Service to review the 
                        collection estimates, geographic, and 
                        other variables related to dockside 
                        intercepts and to identify deficiencies 
                        in recreational data collection, and 
                        possible correction measures[.]; and
                          (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.
                  (D) Deadline.--The Secretary shall complete 
                the program under this paragraph and implement 
                the improved Marine Recreational Fishery 
                Statistics Survey not later than January 1, 
                2009.
          (4) Report.--Within 24 months after establishment of 
        the program, the Secretary shall submit a report to 
        Congress that describes the progress made toward 
        achieving the goals and objectives of the program.

           *       *       *       *       *       *       *


 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.

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 has 
        implemented the necessary measures to end overfishing 
        or rebuild the fishery.
          (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 
        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. PROHIBITION ON FEDERAL FUNDING.

  No Federal funds are authorized to be appropriated to or used 
for the GSRSMA or its members to carry out management actions 
of red snapper in the Gulf of Mexico.

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.

                            DISSENTING VIEWS

    At its core, H.R. 3094 is an attempt, backed by a small 
group of well-funded and politically connected recreational 
fishermen, to reallocate the Gulf of Mexico red snapper quota 
from commercial fishermen to private boat anglers. It is not 
based on sound science or sound economics, and would lead to 
significant hardship for seafood related businesses along the 
Gulf Coast. The bill is opposed by the National Restaurant 
Association, the Gulf Seafood Institute, the League of 
Conservation Voters, and more than 150 other businesses, 
commercial and recreational fishing groups, and conservation 
organizations.
    We understand the frustrations of recreational anglers and 
Members of Congress who see and hear about an abundance of red 
snapper in the Gulf of Mexico while at the same time watching 
the federal waters season shrink to only a handful of days. 
However, while the politics of this situation are complicated, 
the arithmetic is not. More recreational anglers are taking 
more trips targeting red snapper and are catching them at a 
faster rate than the still-overfished stock is rebuilding. The 
Gulf States continue to set liberal seasons in their waters, 
resulting in a smaller share of the quota available to be 
harvested in the Exclusive Economic Zone (EEZ). And private 
boat anglers have been hesitant to submit catch data that can 
be used to accurately monitor and predict harvest from that 
sector.
    Instead of addressing these problems and using creative 
management approaches already allowed by law to lengthen the 
season, H.R. 3094 would turn red snapper management over to the 
five Gulf States. It would allow the states to determine 
recreational catch allocations for red snapper even though they 
have proven incapable so far of agreeing on what those 
allocations might be. At a hearing last Congress, one state 
fisheries director suggested his state should receive 60 
percent of the quota, leaving just 40 percent for the other 
four states, combined.
    But the larger problems with this bill lie in its rejection 
of the Magnuson-Stevens Act as a framework for fisheries 
management. Not only would the bill allow for overfishing, it 
would also let the newly formed state management body take as 
much as 10 percent of the commercial quota each year and give 
it to the recreational sector. In combination, these two 
changes would be a disaster for the red snapper stock, the 
commercial reef fishermen and many related businesses that have 
sacrificed to help put this stock on the path to rebuilding.
    Commercial red snapper fishermen have used the fisheries 
management process under Magnuson to develop an economically 
and environmentally sustainable solution for their fishery. 
Charter captains have done the same, and the head boat fleet is 
moving in that direction. It is only private boat anglers that 
have resisted working through the Gulf Council, hoping instead 
that Congress will give them everything they want at the 
expense of others. This is not how our fisheries should be 
managed. Instead, all of the stakeholders need to sit at the 
table together and develop solutions that allow them to utilize 
the resources in a responsible manner. Even in the few cases 
where fisheries in the EEZ are managed outside of Magnuson--
such as Dungeness crab on the West Coast--that is what Congress 
has required.
    We believe that the Gulf Council is the appropriate venue 
for making decisions about a complex, mixed-sector fishery like 
red snapper. Development of any alternative would require 
serious, deliberative conversations that must take place over 
time and with significant outside input.
    After a hearing on H.R. 3094 last October, and again in a 
letter to the bill's sponsor in December, some Democratic 
Members of the Committee indicated their willingness to enter 
into such conversations, but have thus far been ignored. For 
these reasons, we oppose H.R. 3094 as reported.
                                   RaulGrijalva,
                                           Ranking Member, Committee on 
                                               Natural Resources.
                                   Jared Huffman,
                                           Ranking Member, Subcommittee 
                                               on Water, Power and 
                                               Oceans.
                                   Grace Napolitano.
                                   Alan Lowenthal.
                                   Lois Capps.

                                  [all]