89–006 

1FishWatch, National Oceanic and Atmospheric Administration (NOAA): Red Snapper, (Feb. 

28, 2014). 2 Id. 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–1047 

RED SNAPPER ACT 

NOVEMBER 27, 2018.—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. 3588] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 3588) to amend the Magnuson-Stevens Fishery Conservation and Management Act to provide for management of red snapper in the Gulf of Mexico, and for other purposes, having considered the same, report favorably thereon without amendment and 

recommend that the bill do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 3588 is to amend the Magnuson-Stevens 

Fishery Conservation and Management Act to provide for management of red snapper in the Gulf of Mexico. 

BACKGROUND AND NEED FOR LEGISLATION

The red snapper is a species of fish found in the South Atlantic 

and the Gulf of Mexico with a known range in the United States 

from the Carolinas to Texas.1 These can be large fish, growing upwards of 40 inches and 50 pounds, and can have a lifespan of over 

50 years.2 Categorized as ‘‘reef fish,’’ typical adult red snapper 

2 

3 Id. 

4 NOAA Fisheries, Southeast Regional Office: Gulf Fisheries. 

5Gulf of Mexico Fishery Management Council: Environmental Impact Statement and Fishery 

Management Plan for the Reef Fish Resources of the Gulf of Mexico, August 1981. 6 Id. 

7P.L. 104–297, approved October 11, 1996. 

8Gulf of Mexico Fishery Management Council: Regulatory Amendment to the Reef Fish Fishery 

Management Plan for the 1998 Red Snapper Total Allowable Catch and the Recreational Bag 

Limit, February, 1998. 9 Coastal Conservation Ass’n v. Gutierrez, 512 F. Supp. 2d 896, (S.D. Tex. 2007). 10 Id. at 5. 11 NOAA: Framework Action to the Fishery Management Plan for the Reef Fish Resources of 

the Gulf of Mexico including Environmental Assessment, Regulatory Impact Review, and Regulatory Flexibility Act Analysis (March 2015). 12 Id. 13 NOAA: NOAA Catch Share Policy. 

habitat is on the bottom of the ocean usually near reefs, rocks, 

ledges and caves.3

According to the National Oceanic and Atmospheric Administration (NOAA), red snapper has been caught in the Gulf of Mexico 

since at least the mid-1800s.4 Since then, red snapper has become 

a highly sought-after species by both commercial and recreational 

fishermen in the area. In 1979, the Gulf of Mexico Fishery Management Council (Council) created its ‘‘Reef Fish Management Plan’’ 

which included red snapper.5 An integral part of this program was 

new and intensive restrictions on commercial and recreational 

catches to help rebuild the declining stock.6

The Magnuson-Stevens Fishery Conservation and Management 

Act of 1996 (Public Law 94–265) contained components addressing 

bycatch and rebuilding overfished fisheries.7 In the spring of 1998, 

the Council passed an amendment to require bycatch reduction devices (BRD) in federal waters for shrimp trawls that were inadvertently catching red snapper in their shrimp nets.8 With the BRD requirement in place, the recovery of red snapper was premised on 

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.9

A 2005 NOAA assessment found that the stock had failed to 

meet certain improvement targets mandated by the rebuilding 

plan.10 This assessment resulted in further quota reductions, which 

reached an all-time low in 2011 when the recreational and commercial quota was set at five million pounds combined.11 However, the 

quotas have increased since then, with an all-time high quota set 

at 14.3 million pounds for 2015.12

Because the red snapper is a federally managed species under 

the Magnuson-Stevens Fishery Conservation and Management Act, 

the recreational and commercial quotas for red snapper in federal 

waters are ultimately determined by the Council, which 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. The red snapper commercial 

fishery is managed under an Individual Fishing Quota program for 

all federally permitted vessels.13 The federal recreation season is 

set in terms of days, with the Council setting a recreational quota 

3 

14 Id. 15Gulf of Mexico Fishery Management Council, Final Amendment 28 to the Reef Fish Resources of the Gulf of Mexico, (August 2015). 16 Id. 17 Buddy Guindon, Gulf of Mexico Reef Fish Shareholders Alliance. 18 NOAA: Framework Action to the Fishery Management Plan for the Reef Fish Resources of 

the Gulf of Mexico including Environmental Assessment, Regulatory Impact Review, and Regulatory Flexibility Act Analysis, (March 2015). 19 Id. 20Gulf of Mexico Fishery Management Council, Final Amendment 40 to the Reef Fish Resources of the Gulf of Mexico, (December 2014). 21Florida Fish and Wildlife Conservation Commission, Gulf Red Snapper, factsheet. 22http://sero.nmfs.noaa.gov/fishery_bulletins/2017/023/FB17-023index.html. 23http://www.al.com/news/mobile/index.ssf/2017/05/shortest_ever_federal_snapper.html. 

in pounds and then setting a season length based on how long it 

would take the recreational sector to catch the quota historically.14

The federally-permitted commercial sector currently receives 51 

percent of the overall red snapper quota and the recreational/charter-for-hire sector receives 49 percent.15 In August 2017, the Council approved Amendment 28 which would shift the overall quota for 

red snapper, with the federally-permitted commercial sector receiving 48.5 percent and the recreational/charter-for-hire sector receiving 51.5 percent.16 Amendment 28 is currently pending with the 

U.S. Secretary of Commerce. 

A 2014 U.S. District Court decision in a suit filed by Mr. Keith 

Guindon of Kate’s Seafood in Galveston, Texas 17 found that NOAA 

failed to require adequate accountability measures for the recreational industry.18 As a result, NOAA implemented an annual 

catch target (ACT) for the recreational sector to prevent the quota 

from being exceeded, which is 20% lower than the actual recreational quota set by the Council.19

In December 2014, the Council approved and submitted Reef 

Fish Amendment 40: Partitioning the Recreational Sector to NOAA 

requesting that the federal recreational quota for red snapper be 

divided into two parts—allotting 42.3 percent of the recreational 

quota to charter-for-hire boats and 57.7 percent of the recreational 

quota to private anglers.20 For 2015, the total quota of 14.3 million 

pounds was split approximately 7.3 million pounds to commercial 

and 7 million pounds to recreational/charter-for-hire. However, in 

accounting for the ACT, the actual catchable quota for the recreational/charter-for-hire sector was only 5.6 million pounds for 

2015. This resulted in a 2015 recreational angler season with 10 

days in federal waters for private anglers, and a charter-for-hire 

season of 44 days in federal waters.21

Each of the five Gulf States has the authority to manage the red 

snapper fishery in their respective State waters. The States establish their own fishing seasons and use bag limits (amount of fish 

an angler can retain daily) and size limits for retained fish as management tools. 

On May 2, 2017, NOAA announced that recreational anglers 

would have a 3-day season in federal waters in 2017.22 Three days 

would be the shortest red snapper season on record.23 In an effort 

to increase access for recreational anglers, the Secretary of Commerce took emergency action in June 2017 to extend the recreational season in federal waters to 39 total days, and, as part of 

this agreement, the five Gulf States agreed to abide by this 39-day 

4 

24https://www.commerce.gov/news/press-releases/2017/06/department-commerce-announceschanges-2017-gulf-mexico-red-snapper. 25http://www.al.com/news/mobile/index.ssf/2017/05/shortest_ever_federal_snapper.html. 26 H.R. 3094, Gulf States Red Snapper Management Authority Act, introduced by Rep Garret 

Graves (R–LA), 114th Congress. 

season in State waters through September 4, 2017.24 This is the 

first time in over a decade that the State and federal seasons have 

been in alignment.25 While the extension provides immediate relief 

for private anglers, it does not solve the systemic problems plaguing management of many recreational fisheries. 

Because 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 sector and proposed for the 

charter/for-hire sector, recreational anglers and the five Gulf States 

have sought management changes to improve recreational access. 

H.R. 3588, the RED SNAPPER Act, is one such proposal. This 

legislation looks to remedy a longstanding issue of recreational access to the red snapper fishery in the Gulf of Mexico. Specifically, 

the bill establishes a depth-based scheme for State management of 

red snapper by establishing a continuous line in the Gulf at 25 

fathoms of depth or 25 nautical miles from shore where States 

would exercise exclusive management authority over red snapper. 

In the 114th Congress, the Natural Resources Committee favorably reported legislation that similarly focused on empowering 

States to address the problems associated with red snapper management in the Gulf of Mexico.26

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section provides the short title for the bill, the Regionally 

Empowered Decision-making for Snapper, Noting the Angling Public and the Preservation of an Exceptional Resource Act, or the 

RED SNAPPER Act. 

Section 2. State exclusive fishery management authority over private 

recreational red snapper fishing seasons in the Gulf of Mexico 

This section directs the Secretary of Commerce to produce a map 

with a continuous line along the coast of the Gulf States in the 

waters of the Gulf of Mexico that generally denotes a depth of 25 

fathoms. Gulf States will exercise exclusive management authority 

of the recreational red snapper fishery for fishing years 2018–2024 

in waters extending to the farther of the 25-fathom line or 25 nautical miles from shore. State management authority currently only 

extends out to nine miles from shore. 

This section also requires Gulf States to consider a variety of scientific factors in development of their management plans, including 

the most recent stock assessment for the red snapper in the Gulf 

of Mexico, data from a variety of governmental and nongovernmental sources, the duration of the fishing season in State waters, 

and estimated private recreational fishing efforts and catch rates. 

Section 3. Federal Gulf of Mexico red snapper management 

This section establishes a process and a timeline for certification 

of State recreational fishery surveys and provides for their incorpoVerDate Sep 11 2014 06:06 Dec 06, 2018 Jkt 089006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR1047.XXX HR1047
5 

ration into management decisions for the red snapper fishery. This 

section also includes savings clauses aimed at preserving commercial allocation as well as access for federally-permitted charter fishermen. Finally, this section directs the States to develop best practices to reduce barotrauma, which often leads to discard mortality 

when red snapper is caught and released. 

COMMITTEE ACTION

H.R. 3588 was introduced on July 28, 2017, 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 September 26, 2017, the Subcommittee held a hearing on the bill. On December 12, 2017, the 

Natural Resources Committee met to consider the bill. The Subcommittee was discharged by unanimous consent. Congressman 

Alan S. Lowenthal (D–CA) offered and withdrew an amendment 

designated (001). No other amendments were offered, and the bill 

was ordered favorably reported to the House of Representatives on 

December 13, 2017, by a bipartisan roll call vote of 22 ayes to 16 

noes, as follows: 

6 


Insert offset folio 7 here HR1047.001

Date: 12-1}-17 

Committee on Natural Resources 

U.S. House of Representatives 

I 15th Congress 

Recorded Vote#: 10 

Meeting on I Amendment on: FC Mark Up on Favorably Reporting H.R. 3588, To amend the Magnuson~Stcvcns 

Fishery Conservation and Management Act to provide for management of red snapper in the Gulf of Mexico, and for 

other purposes. "RF.Il SNAPPER Act." 

MEMBERS Yes No Pres MEMBERS Yes No Pres 

!\;lr. Bishop, UT, Chairman X :\'lr. Cook, CA X 

Mr.Gr{ialw1. AZ, Ranking lvfemhcr X Mr. Solo. fL X 

Mr. Young, AK, Clutirman Emeritus X :\'Jr. \Vestcrman, AR X 

Jfrs. Napolitano, CA X lv!r. !vfcEachin, VA X 

Mr. Gohrnert, TX, Vice Chairman Mr. Graves, LA X 

l'Js. Bordallo. Guam X Mr. Brown, A1D X 

Mr. Lamborn, CO X :VIr. Ilice. GA X 

Mr. Costa. CA X Mr. Clay, MO X 

l\·]r. \Vittman, VA X Mrs. Radcwagen, AS X 

Mr. 5/ablan, CNl'vfl X Air. Gomez, CA X 

Mr. \1cCiintock, CA X Mr. LaHood, IL X 

.\Is. Tsongas, AlA X Mr. Webster, FL X 

:vir. Pearce, N:\'1 Mr. Bergman, MI X 

Mr. f-!uf/inan. CA X .Yis. Cheney, WY X 

Mr. Thompson, I'A X Mr. Johnson, LA 

1Hr. Lowenthal. CA X Ms. Gonzalez-ColOn, t>R X 

:\-tr. Gosar, AZ X Mr. Gianfortc, \IT X 

.A4r. Beyer, Vrl X 

:VIr. Labrador, II) X 

Mn. Torres, CA X 

Mr. Tipton, CO 

Mr. Gallego, AZ 

Mr. Lal\1alfa, CA X 

.A1s. llmwhusa, HI X 

Mr. Denham, CA X 

A1s. Barrm!;(ln, CA X TOTAL: 22 16 
7 

1The Gulf States would manage the fishery in the region between the shore and the line at 

which the ocean is 25 fathoms (or 150 feet) deep or 25 nautical miles, whichever is further. 

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 AND CONGRESSIONAL BUDGET

ACT

1. Cost of Legislation and the Congressional Budget Act. 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 following estimate for the bill from the Director of the 

Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, March 16, 2018. 

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. 3588, the RED SNAPPER 

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, 

Director. 

Enclosure. 

H.R. 3588—RED SNAPPER Act 

H.R. 3588 would amend the Magnuson-Stevens Fishery Conservation and Management Act to authorize the U.S. Gulf States 

(Alabama, Florida, Louisiana, Mississippi, and Texas) to exercise 

exclusive management authority over the recreational red snapper 

fishery through 2024.1 The bill also would require the Gulf States 

to consider a variety of factors, including up-to-date stock assessments, surveys, and recreational catch rates for red snapper, when 

developing management plans. Those plans would be reviewed and 

approved by the National Oceanic and Atmospheric Administration 

(NOAA). 

Using information from NOAA, CBO estimates that any additional costs related to collecting and reviewing state management 

plans under H.R. 3588 would not be significant. 

Enacting H.R. 3588 would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. 

CBO estimates that enacting H.R. 3588 would not increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2028. 

8 

H.R. 3588 would impose an intergovernmental mandate as defined in the Unfunded Mandates Reform Act (UMRA) by requiring 

the five Gulf States to develop and promote best practices to reduce 

barotrauma in red snapper. Using information on similar practices, 

CBO estimates the states’ costs would be small and fall well below 

the thresholds established in UMRA for intergovernmental mandates ($78 million in 2017). 

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 Zachary Byrum (for 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 provide for management of red snapper 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. This bill does not contain any directed 

rule makings. 

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): 

9 

MAGNUSON-STEVENS FISHERY CONSERVATION AND 

MANAGEMENT ACT 

* * * * * * * 

TITLE I—UNITED STATES RIGHTS AND AUTHORITY 

REGARDING FISH AND FISHERY RESOURCES 

SEC. 101. UNITED STATES SOVEREIGN RIGHTS TO FISH AND FISHERY 

MANAGEMENT AUTHORITY. 

(a) IN THE EXCLUSIVE ECONOMIC ZONE.—Except as provided in 

section ø102,¿ 102 and section 407(e), the United States claims, 

and will exercise in the manner provided for in this Act, sovereign 

rights and exclusive fishery management authority over all fish, 

and all Continental Shelf fishery resources, within the exclusive 

economic zone. 

(b) BEYOND THE EXCLUSIVE ECONOMIC ZONE.—The United States 

claims, and will exercise in the manner provided for in this Act, exclusive fishery management authority over the following: 

(1) All anadromous species throughout the migratory range 

of each such species beyond the exclusive economic zone; except that that management authority does not extend to any 

such species during the time they are found within any waters 

of a foreign nation. 

(2) All Continental Shelf fishery resources beyond the exclusive economic zone. 

* * * * * * * 

TITLE III—NATIONAL FISHERY MANAGEMENT 

PROGRAM 

* * * * * * * 

SEC. 302. REGIONAL FISHERY MANAGEMENT COUNCILS. 

(a) ESTABLISHMENT.—(1) There shall be established, within 120 

days after the date of the enactment of this Act, eight Regional 

Fishery Management Councils, as follows: 

(A) NEW ENGLAND COUNCIL.—The New England Fishery 

Management Council shall consist of the States of Maine, New 

Hampshire, Massachusetts, Rhode Island, and Connecticut and 

shall have authority over the fisheries in the Atlantic Ocean 

seaward of such States (except as provided in paragraph (3)). 

The New England Council shall have 18 voting members, including 12 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from 

each such State). 

(B) MID-ATLANTIC COUNCIL.—The Mid-Atlantic Fishery Management Council shall consist of the States of New York, New 

Jersey, Delaware, Pennsylvania, Maryland, Virginia, and 

North Carolina and shall have authority over the fisheries in 

the Atlantic Ocean seaward of such States (except North Carolina, and as provided in paragraph (3)). The Mid-Atlantic 

Council shall have 21 voting members, including 13 appointed 

by the Secretary in accordance with subsection (b)(2) (at least 

one of whom shall be appointed from each such State). 

10 

(C) SOUTH ATLANTIC COUNCIL.—The South Atlantic Fishery 

Management Council shall consist of the States of North Carolina, South Carolina, Georgia, and Florida and shall have authority over the fisheries in the Atlantic Ocean seaward of such 

States (except as provided in paragraph (3)). The South Atlantic Council shall have 13 voting members, including 8 appointed by the Secretary in accordance with subsection (b)(2) 

(at least one of whom shall be appointed from each such State). 

(D) CARIBBEAN COUNCIL.—The Caribbean Fishery Management Council shall consist of the Virgin Islands and the Commonwealth of Puerto Rico and shall have authority over the 

fisheries in the Caribbean Sea and Atlantic Ocean seaward of 

such States and of commonwealths, territories, and possessions 

of the United States in the Caribbean Sea (except as provided 

in paragraph (3)). The Caribbean Council shall have 7 voting 

members, including 4 appointed by the Secretary in accordance 

with subsection (b)(2) (at least one of whom shall be appointed 

from each such State). 

(E) GULF COUNCIL.—The Gulf of Mexico Fishery Management Council shall consist of the States of Texas, Louisiana, 

Mississippi, Alabama, and Florida and shall have authority 

over the fisheries in the Gulf of Mexico seaward of such States 

(except as provided in øparagraph (3)).¿ paragraph (3) of this 

subsection and section 407(e)). The Gulf Council shall have 17 

voting members, including 11 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be 

appointed from each such State). 

(F) PACIFIC COUNCIL.—The Pacific Fishery Management 

Council shall consist of the States of California, Oregon, 

Washington, and Idaho and shall have authority over the 

fisheries in the Pacific Ocean seaward of such States. The 

Pacific Council shall have 14 voting members, including 8 

appointed by the Secretary in accordance with subsection 

(b)(2) (at least one of whom shall be appointed from each 

such State), and including one appointed from an Indian 

tribe with Federally recognized fishing rights from California, Oregon, Washington, or Idaho in accordance with 

subsection (b)(5). 

(G) NORTH PACIFIC COUNCIL.—The North Pacific Fishery 

Management Council shall consist of the States of Alaska, 

Washington, and Oregon and shall have authority over the 

fisheries in the Arctic Ocean, Bering Sea, and Pacific Ocean 

seward of Alaska. The North Pacific Council shall have 11 voting members, including 7 appointed by the Secretary in accordance with subsection (b)(2) (5 of whom shall be appointed from 

the State of Alaska and 2 of whom shall be appointed from the 

State of Washington). 

(H) WESTERN PACIFIC COUNCIL.—The Western Pacific Fishery Management Council shall consist of the States of Hawaii, 

American Samoa, Guam, and the Northern Mariana Islands 

and shall have authority over the fisheries in the Pacific Ocean 

seaward of such States and of the Commonwealths, territories, 

and possessions of the United States in the Pacific Ocean area. 

The Western Pacific Council shall have 13 voting members, including 8 appointed by the Secretary in accordance with subVerDate Sep 11 2014 06:06 Dec 06, 2018 Jkt 089006 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\HR1047.XXX HR1047
11 

section (b)(2) (at least one of whom shall be appointed from 

each of the following States: Hawaii, American Samoa, Guam, 

and the Northern Mariana Islands). 

(2) Each Council shall reflect the expertise and interest of the 

several constituent States in the ocean area over which such Council is granted authority. 

(3) The Secretary shall have authority over any highly migratory species fishery that is within the geographical area of 

authority of more than one of the following Councils: New England Council, Mid-Atlantic Council, South Atlantic Council, 

Gulf Council, and Caribbean Council. 

(b) VOTING MEMBERS.—(1) The voting members of each Council 

shall be: 

(A) The principal State official with marine fishery management responsibility and expertise in each constituent State, 

who is designated as such by the Governor of the State, so long 

as the official continues to hold such position, or the designee 

of such official. 

(B) The regional director of the National Marine Fisheries 

Service for the geographic area concerned, or his designee, except that if two such directors are within such geographical 

area, the Secretary shall designate which of such directors 

shall be the voting member. 

(C) The members required to be appointed by the Secretary 

in accordance with paragraphs (2) and (5). 

(2)(A) The members of each Council required to be appointed by 

the Secretary must be individuals who, by reason of their occupational or other experience, scientific expertise, or training, are 

knowledgeable regarding the conservation and management, or the 

commercial or recreational harvest, of the fishery resources of the 

geographical area concerned. Within nine months after the date of 

enactment of the Fishery Conservation Amendments of 1990, the 

Secretary shall, by regulation, prescribe criteria for determining 

whether an individual satisfies the requirements of this subparagraph. 

(B) The Secretary, in making appointments under this section, 

shall, to the extent practicable, ensure a fair and balanced apportionment, on a rotating or other basis, of the active participants (or 

their representatives) in the commercial and recreational fisheries 

under the jurisdiction of the Council. On January 31, 1991, and 

each year thereafter, the Secretary shall submit to the Committee 

on Commerce, Science, and Transportation of the Senate and the 

Committee on Merchant Marine and Fisheries of the House of Representatives a report on the actions taken by the Secretary to ensure that such fair and balanced apportionment is achieved. The 

report shall— 

(i) list the fisheries under the jurisdiction of each Council, 

outlining for each fishery the type and quantity of fish harvested, fishing and processing methods employed, the number 

of participants, the duration and range of the fishery, and 

other distinguishing characteristics; 

(ii) assess the membership of each Council in terms of the 

apportionment of the active participants in each such fishery; 

and 

12 

(iii) state the Secretary’s plans and schedule for actions to 

achieve a fair and balanced apportionment on the Council for 

the active participants in any such fishery. 

(C) The Secretary shall appoint the members of each Council 

from a list of individuals submitted by the Governor of each applicable constituent State. A Governor may not submit the names of 

individuals to the Secretary for appointment unless the Governor 

has determined that each such individual is qualified under the requirements of subparagraph (A) and unless the Governor has, to 

the extent practicable, first consulted with representatives of the 

commercial and recreational fishing interests of the State regarding those individuals. Each such list shall include the names and 

pertinent biographical data of not less than three individuals for 

each applicable vacancy and shall be accompanied by a statement 

by the Governor explaining how each such individual meets the requirements of subparagraph (A). The Secretary shall review each 

list submitted by a Governor to ascertain if the individuals on the 

list are qualified for the vacancy on the basis of such requirements. 

If the Secretary determines that any individual is not qualified, the 

Secretary shall notify the appropriate Governor of that determination. The Governor shall then submit a revised list or resubmit the 

original list with an additional explanation of the qualifications of 

the individual in question. An individual is not eligible for appointment by the Secretary until that individual complies with the applicable financial disclosure requirements under subsection (k). 

(D)(i) The Governor of a State submitting a list of names of individuals for appointment by the Secretary of Commerce to the Gulf 

of Mexico Fisheries Management Council under subparagraph (C) 

shall include— 

(I) at least 1 nominee each from the commercial, recreational, and charter fishing sectors; and 

(II) at least 1 other individual who is knowledgeable regarding the conservation and management of fisheries resources in 

the jurisdiction of the Council. 

(ii) Notwithstanding the requirements of subparagraph (C), if the 

Secretary determines that the list of names submitted by the Governor does not meet the requirements of clause (i) the Secretary 

shall— 

(I) publish a notice in the Federal Register asking the residents of that State to submit the names and pertinent biographical data of individuals who would meet the requirement 

not met for appointment to the Council; and 

(II) add the name of any qualified individual submitted by 

the public who meets the unmet requirement to the list of 

names submitted by the Governor. 

(iii) For purposes of clause (i) an individual who owns or operates 

a fish farm outside of the United States shall not be considered to 

be a representative of the commercial or recreational fishing sector. 

(iv) The requirements of this subparagraph shall expire at the 

end of fiscal year 2012. 

(E) Whenever the Secretary makes an appointment to a Council, 

the Secretary shall make a public announcement of such appointment not less than 45 days before the first day on which the individual is to take office as a member of the Council. 

13 

(3) Each voting member appointed to a Council by the Secretary 

in accordance with paragraphs (2) and (5) shall serve for a term of 

3 years; except that the Secretary may designate a shorter term if 

necessary to provide for balanced expiration to terms of office. No 

member appointed after January 1, 1986, may serve more than 

three consecutive terms. Any term in which an individual was appointed to replace a member who left office during the term shall 

not be counted in determining the number of consecutive terms 

served by that Council member. 

(4) Successors to the voting members of any Council shall be appointed in the same manner as the original voting members. Any 

individual appointed to fill a vacancy occurring prior to the expiration of any term of office shall be appointed for the remainder of 

that term. 

(5)(A) The Secretary shall appoint to the Pacific Council one 

representative of an Indian tribe with Federally recognized 

fishing rights from California, Oregon, Washington, or Idaho 

from a list of not less than 3 individuals submitted by the tribal governments. The Secretary, in consultation with the Secretary of the Interior and tribal governments, shall establish 

by regulation the procedure for submitting a list under this 

subparagraph. 

(B) Representation shall be rotated among the tribes taking 

into consideration— 

(i) the qualifications of the individuals on the list referred to in subparagraph (A), 

(ii) the various rights of the Indian tribes involved and 

judicial cases that set forth how those rights are to be exercised, and 

(iii) the geographic area in which the tribe of the representative is located. 

(C) A vacancy occurring prior to the expiration of any term 

shall be filled in the same manner as set out in subparagraphs 

(A) and (B), except that the Secretary may use the list from 

which the vacating representative was chosen. 

(D) The tribal representative appointed under subparagraph (A) 

may designate as an alternate, during the period of the representative’s term, an individual knowledgeable concerning tribal rights, 

tribal law, and the fishery resources of the geographical area concerned. 

(6) The Secretary may remove for cause any member of a 

Council required to be appointed by the Secretary in accordance with paragraphs (2) or (5) if— 

(A) the Council concerned first recommends removal by 

not less than two-thirds of the members who are voting 

members and submits such removal recommendation to 

the Secretary in writing together with a statement of the 

basis for the recommendation; or 

(B) the member is found by the Secretary, after notice 

and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, to have committed 

an act prohibited by section 307(1)(O). 

(c) NONVOTING MEMBERS.—(1) The nonvoting members of each 

Council shall be: 

14 

(A) The regional or area director of the United States Fish 

and Wildlife Service for the geographical area concerned, or his 

designee. 

(B) The commander of the Coast Guard district for the geographical area concerned, or his designee; except that, if two 

Coast Guard districts are within such geographical area, the 

commander designated for such purpose by the commandant of 

the Coast Guard. 

(C) The executive director of the Marine Fisheries Commission for the geographical area concerned, if any, or his designee. 

(D) One representative of the Department of State designated for such purpose by the Secretary of State, or his designee. 

(2) The Pacific Council shall have one additional nonvoting member who shall be appointed by, and serve at the pleasure of, the 

Governor of Alaska. 

(d) COMPENSATION AND EXPENSES.—The voting members of each 

Council who are required to be appointed by the Secretary and who 

are not employed by the Federal Government or any State or local 

government, shall receive compensation at the daily rate for GS– 

15, step 7 of the General Schedule, when engaged in the actual performance of duties for such Council. The voting members of each 

Council, any nonvoting member described in subsection (c)(1)(C), 

and the nonvoting member appointed pursuant to subsection (c)(2) 

shall be reimbursed for actual expenses incurred in the performance of such duties, and other nonvoting members and Council 

staff members may be reimbursed for actual expenses. 

(e) TRANSACTION OF BUSINESS.— 

(1) A majority of the voting members of any Council shall 

constitute a quorum, but one or more such members designated by the Council may hold hearings. All decisions of any 

Council shall be by majority vote of the voting members 

present and voting. 

(2) The voting members of each Council shall select a Chairman for such Council from among the voting members. 

(3) Each Council shall meet at appropriate times and places 

in any of the constituent States of the Council at the call of the 

Chairman or upon the request of a majority of its voting members. 

(4) If any voting member of a Council disagrees with respect 

to any matter which is transmitted to the Secretary by such 

Council, such member may submit a statement to the Secretary setting forth the reasons for such disagreement. The regional director of the National Marine Fisheries Service serving on the Council, or the regional director’s designee, shall 

submit such a statement, which shall be made available to the 

public upon request, if the regional director disagrees with any 

such matter. 

(5) At the request of any voting member of a Council, the 

Council shall hold a roll call vote on any matter before the 

Council. The official minutes and other appropriate records of 

any Council meeting shall identify all roll call votes held, the 

name of each voting member present during each roll call vote, 

and how each member voted on each roll call vote. 

15 

(f) STAFF AND ADMINISTRATION.— (1) Each Council may appoint, and assign duties to, an executive director and such other full- and part-time administrative 

employees as the Secretary determines are necessary to the 

performance of its functions. 

(2) Upon the request of any Council, and after consultation 

with the Secretary, the head of any Federal agency is authorized to detail to such Council, on a reimbursable basis, any of 

the personnel of such agency, to assist such Council in the performance of its functions under this Act. 

(3) The Secretary shall provide to each Council such administrative and technical support services as are necessary for 

the effective functioning of such Council. 

(4) The Administrator of General Services shall furnish each 

Council with such offices, equipment, supplies, and services as 

he is authorized to furnish to any other agency or instrumentality of the United States. 

(5) The Secretary and the Secretary of State shall furnish 

each Council with relevant information concerning foreign fishing and international fishery agreements. 

(6) Each Council shall determine its organization, and prescribe its practices and procedures for carrying out its functions under this Act, in accordance with such uniform standards as are prescribed by the Secretary. The procedures of a 

Council, and of its scientific and statistical committee and advisory panels established under subsection (g), must be consistent with the procedural guidelines set forth in subsection 

(i)(2). Each Council shall publish and make available to the 

public a statement of its organization, practices, and procedures. 

(7) The Secretary shall pay— 

(A) the compensation and expenses provided for in subsection (d); 

(B) appropriate compensation to employees appointed 

under paragraph (1); 

(C) the amounts required for reimbursement of other 

Federal agencies under paragraphs (2) and (4); 

(D) the actual expenses of the members of the committees and panels established under subsection (g); and 

(E) such other costs as the Secretary determines are necessary to the performance of the functions of the Councils. 

(g) COMMITTEES AND ADVISORY PANELS.— 

(1)(A) Each Council shall establish, maintain, and appoint 

the members of a scientific and statistical committee to assist 

it in the development, collection, evaluation, and peer review 

of such statistical, biological, economic, social, and other scientific information as is relevant to such Council’s development 

and amendment of any fishery management plan. 

(B) Each scientific and statistical committee shall provide its 

Council ongoing scientific advice for fishery management decisions, including recommendations for acceptable biological 

catch, preventing overfishing, maximum sustainable yield, and 

achieving rebuilding targets, and reports on stock status and 

health, bycatch, habitat status, social and economic impacts of 

management measures, and sustainability of fishing practices. 

16 

(C) Members appointed by the Councils to the scientific and 

statistical committees shall be Federal employees, State employees, academicians, or independent experts and shall have 

strong scientific or technical credentials and experience. 

(D) Each member of a scientific and statistical committee 

shall be treated as an affected individual for purposes of paragraphs (2), (3)(B), (4), and (5)(A) of subsection (j). The Secretary shall keep disclosures made pursuant to this subparagraph on file. 

(E) The Secretary and each Council may establish a peer review process for that Council for scientific information used to 

advise the Council about the conservation and management of 

the fishery. The review process, which may include existing 

committees or panels, is deemed to satisfy the requirements of 

the guidelines issued pursuant to section 515 of the Treasury 

and General Government Appropriations Act for Fiscal year 

2001 (Public Law 106–554—Appendix C; 114 Stat. 2763A–153). 

(F) In addition to the provisions of section 302(f)(7), the Secretary shall, subject to the availability of appropriations, pay 

a stipend to members of the scientific and statistical committees or advisory panels who are not employed by the Federal 

Government or a State marine fisheries agency. 

(G) A science and statistical committee shall hold its meetings in conjunction with the meeting of the Council, to the extent practicable. 

(2) Each Council shall establish such advisory panels as are 

necessary or appropriate to assist it in carrying out its functions under this Act. 

(3)(A) Each Council shall establish and maintain a fishing 

industry advisory committee which shall provide information 

and recommendations on, and assist in the development of, 

fishery management plans and amendments to such plans. 

(B) Appointments to a committee established under subparagraph (A) shall be made by each Council in such a manner as 

to provide fair representation to commercial fishing interests in 

the geographical area of authority of the Council. 

(4) The Secretary shall establish advisory panels to assist in 

the collection and evaluation of information relevant to the development of any fishery management plan or plan amendment for a fishery to which subsection (a)(3) applies. Each advisory panel shall participate in all aspects of the development 

of the plan or amendment; be balanced in its representation of 

commercial, recreational, and other interests; and consist of 

not less than 7 individuals who are knowledgeable about the 

fishery for which the plan or amendment is developed, selected 

from among— 

(A) members of advisory committees and species working 

groups appointed under Acts implementing relevant international fishery agreements pertaining to highly migratory 

species; and 

(B) other interested persons. 

(5) Decisions and recommendations made by committees and 

panels established under this subsection shall be considered to 

be advisory in nature. 

17 

(h) FUNCTIONS.—Each Council shall, in accordance with the provisions of this Act— 

(1) for each fishery under its authority that requires conservation and management, prepare and submit to the Secretary (A) a fishery management plan, and (B) amendments to 

each such plan that are necessary from time to time (and 

promptly whenever changes in conservation and management 

measures in another fishery substantially affect the fishery for 

which such plan was developed); 

(2) prepare comments on any application for foreign fishing 

transmitted to it under section 204(b)(4)(C) or section 204(d), 

and any fishery management plan or amendment transmitted 

to it under section 304(c)(4); 

(3) conduct public hearings, at appropriate times and in appropriate locations in the geographical area concerned, so as to 

allow all interested persons an opportunity to be heard in the 

development of fishery management plans and amendments to 

such plans, and with respect to the administration and implementation of the provisions of this Act (and for purposes of this 

paragraph, the term ‘‘geographical area concerned’’ may include an area under the authority of another Council if the fish 

in the fishery concerned migrate into, or occur in, that area or 

if the matters being heard affect fishermen of that area; but 

not unless such other Council is first consulted regarding the 

conduct of such hearings within its area); 

(4) submit to the Secretary such periodic reports as the 

Council deems appropriate, and any other relevant report 

which may be requested by the Secretary; 

(5) review on a continuing basis, and revise as appropriate, 

the assessments and specifications made pursuant to section 

303(a)(3) and (4) with respect to the optimum yield from, the 

capacity and extent to which United States fish processors will 

process United States harvested fish from, and the total allowable level of foreign fishing in, each fishery (except as provided 

in subsection (a)(3)) within its geographical area of authority; 

and 

(6) develop annual catch limits for each of its managed fisheries that may not exceed the fishing level recommendations of 

its scientific and statistical committee or the peer review process established under subsection (g); 

(7) develop, in conjunction with the scientific and statistical 

committee, multi-year research priorities for fisheries, fisheries 

interactions, habitats, and other areas of research that are necessary for management purposes, that shall— 

(A) establish priorities for 5-year periods; 

(B) be updated as necessary; and 

(C) be submitted to the Secretary and the regional 

science centers of the National Marine Fisheries Service 

for their consideration in developing research priorities 

and budgets for the region of the Council; and 

(8) conduct any other activities which are required by, or 

provided for in, this Act or which are necessary and appropriate to the foregoing functions. 

(i) PROCEDURAL MATTERS.—(1) The Federal Advisory Committee 

Act (5 U.S.C. App. 1) shall not apply to the Councils, the Council 

18 

coordination committee established under subsection (l), or to the 

scientific and statistical committees or other committees or advisory panels established under subsection (g). 

(2) The following guidelines apply with respect to the conduct of 

business at meetings of a Council, and of a Council, of the Council 

coordination committee established under subsection (l), and of the 

scientific and statistical committees or other committees or advisory panels established under subsection (g): 

(A) Unless closed in accordance with paragraph (3), each regular meeting and each emergency meeting shall be open to the 

public. 

(B) Emergency meetings shall be held at the call of the 

chairman or equivalent presiding officer. 

(C) Timely public notice of each regular meeting and each 

emergency meeting, including the time, place, and agenda of 

the meeting, shall be provided by any means that will result 

in wide publicity in the major fishing ports of the region (and 

in other major fishing ports having a direct interest in the affected fishery), except that e-mail notification and website postings alone are not sufficient. Timely notice of each regular 

meeting shall also be published in the Federal Register. The 

published agenda of the meeting may not be modified to include additional matters for Council action without public notice or within 14 days prior to the meeting date, unless such 

modification is to address an emergency action under section 

305(c), in which case public notice shall be given immediately. 

(D) Interested persons shall be permitted to present oral or 

written statements regarding the matters on the agenda at 

meetings. All written information submitted to a Council by an 

interested person shall include a statement of the source and 

date of such information. Any oral or written statement shall 

include a brief description of the background and interests of 

the person in the subject of the oral or written statement. 

(E) Detailed minutes of each meeting of the Council, except 

for any closed session, shall be kept and shall contain a record 

of the persons present, a complete and accurate description of 

matters discussed and conclusions reached, and copies of all 

statements filed. The Chairman shall certify the accuracy of 

the minutes of each such meeting and submit a copy thereof 

to the Secretary. The minutes shall be made available to any 

court of competent jurisdiction. 

(F) Subject to the procedures established under paragraph 

(4), and the guidelines prescribed by the Secretary under section 402(b), relating to confidentiality, the administrative 

record, including minutes required under subparagraph (E), of 

each meeting, and records or other documents which were 

made available to or prepared for or by the Council, committee, 

or panel incident to the meeting, shall be available for public 

inspection and copying at a single location in the offices of the 

Council or the Secretary, as appropriate. 

(3)(A) Each Council, the Council Coordination Committee established under subsection (l), scientific and statistical committee, 

other committees, and advisory panel— 

19 

(i) shall close any meeting, or portion thereof, that concerns 

matters or information that bears a national security classification; and 

(ii) may close any meeting, or portion thereof, that concerns 

matters or information that pertains to national security, employment matters, or briefings on litigation in which the Council is interested. 

Subparagraphs (D) and (F) of paragraph (2) shall not apply to any 

meeting or portion thereof that is so closed. 

(B) If any meeting or portion is closed, the Council concerned 

shall notify local newspapers in the major fishing ports within its 

region (and in other major, affected fishing ports), including in that 

notification the time and place of the meeting. This subparagraph 

does not require notification regarding any brief closure of a portion of a meeting in order to discuss employment or other internal 

administrative matters. 

(4) Each Council shall establish appropriate procedures applicable to it and to its committee and advisory panels for ensuring the 

confidentiality of the statistics that may be submitted to it by Federal or State authorities, and may be voluntarily submitted to it by 

private persons; including, but not limited to, procedures for the restriction of Council employee access and the prevention of conflicts 

of interest; except that such procedures, in the case of statistics 

submitted to the Council by a State or by the Secretary under section 402(b), must be consistent with the laws and regulations of 

that State, or with the procedures of the Secretary, as the case may 

be, concerning the confidentiality of the statistics. 

(5) Each Council shall specify those procedures that are necessary or appropriate to ensure that the committees and advisory 

panels established under subsection (g) are involved, on a continuing basis, in the development and amendment of fishery management plans. 

(6) At any time when a Council determines it appropriate to consider new information from a State or Federal agency or from a 

Council advisory body, the Council shall give comparable consideration to new information offered at that time by interested members of the public. Interested parties shall have a reasonable opportunity to respond to new data or information before the Council 

takes final action on conservation and management measures. 

(j) DISCLOSURE OF FINANCIAL INTEREST.— 

(1) For the purposes of this subsection— 

(A) the term ‘‘affected individual’’ means an individual 

who— 

(i) is nominated by the Governor of a State for appointment as a voting member of a Council in accordance with subsection (b)(2); or 

(ii) is a voting member of a Council appointed— 

(I) under subsection (b)(2); or 

(II) under subsection (b)(5) who is not subject to 

disclosure and recusal requirements under the 

laws of an Indian tribal government; and 

(B) the term ‘‘designated official’’ means a person with 

expertise in Federal conflict-of-interest requirements who 

is designated by the Secretary, in consultation with the 

20 

Council, to attend Council meetings and make determinations under paragraph (7)(B). 

(2) Each affected individual must disclose any financial interest 

held by— 

(A) that individual; 

(B) the spouse, minor child, or partner of that individual; 

and 

(C) any organization (other than the Council) in which that 

individual is serving as an officer, director, trustee, partner, or 

employee; 

in any harvesting, processing, lobbying, advocacy, or marketing activity that is being, or will be, undertaken within any fishery over 

which the Council concerned has jurisdiction, or with respect to an 

individual or organization with a financial interest in such activity. 

(3) The disclosure required under paragraph (2) shall be made— 

(A) in the case of an affected individual referred to in paragraph (1)(A)(i), before appointment by the Secretary; and 

(B) in the case of an affected individual referred to in paragraph (1)(A)(ii), within 45 days of taking office. 

(4) An affected individual referred to in paragraph (1)(A)(ii) must 

update his or her disclosure form at any time any such financial 

interest is acquired, or substantially changed, by any person referred to in paragraph (2)(A), (B), or (C). 

(5) The financial interest disclosures required by this subsection 

shall— 

(A) be made on such forms, in accordance with such procedures, and at such times, as the Secretary shall by regulation 

prescribe; 

(B) be kept on file by the Council and made available on the 

Internet and for public inspection at the Council offices during 

reasonable hours; and 

(C) be kept on file by the Secretary for use in reviewing determinations under paragraph (7)(B) and made available for 

public inspection at reasonable hours. 

(6) The participation by an affected individual referred to in 

paragraph (1)(A)(ii) in an action by a Council during any time in 

which that individual is not in compliance with the regulations prescribed under paragraph (5) may not be treated as cause for the 

invalidation of that action. 

(7)(A) After the effective date of regulations promulgated 

under subparagraph (F) of this paragraph, an affected individual required to disclose a financial interest under paragraph 

(2) shall not vote on a Council decision which would have a significant and predictable effect on such financial interest. A 

Council decision shall be considered to have a significant and 

predictable effect on a financial interest if there is a close causal link between the Council decision and an expected and substantially disproportionate benefit to the financial interest of 

the affected individual relative to the financial interests of 

other participants in the same gear type or sector of the fishery. An affected individual who may not vote may participate 

in Council deliberations relating to the decision after notifying 

the Council of the voting recusal and identifying the financial 

interest that would be affected. 

21 

(B) At the request of an affected individual, or upon the initiative of the appropriate designated official, the designated official shall make a determination for the record whether a 

Council decision would have a significant and predictable effect 

on a financial interest. 

(C) Any Council member may submit a written request to 

the Secretary to review any determination by the designated 

official under subparagraph (B) within 10 days of such determination. Such review shall be completed within 30 days of receipt of the request. 

(D) Any affected individual who does not vote in a Council 

decision in accordance with this subsection may state for the 

record how he or she would have voted on such decision if he 

or she had voted. 

(E) If the Council makes a decision before the Secretary has 

reviewed a determination under subparagraph (C), the eventual ruling may not be treated as cause for the invalidation or 

reconsideration by the Secretary of such decision. 

(F) The Secretary, in consultation with the Councils and by 

not later than one year from the date of enactment of the Sustainable Fisheries Act, shall promulgate regulations which prohibit an affected individual from voting in accordance with subparagraph (A), and which allow for the making of determinations under subparagraphs (B) and (C). 

(8) Section 208 of title 18, United States Code, does not apply to 

an affected individual referred to in paragraph (1)(A)(ii) during any 

time in which that individual is in compliance with the regulations 

prescribed under paragraph (5). 

(9) On January 1, 2008, and annually thereafter, the Secretary 

shall submit a report to the Senate Committee on Commerce, 

Science, and Transportation and the House of Representatives 

Committee on Resources on action taken by the Secretary and the 

Councils to implement the disclosure of financial interest and 

recusal requirements of this subsection, including identification of 

any conflict of interest problems with respect to the Councils and 

scientific and statistical committees and recommendations for addressing any such problems. 

(k) COUNCIL TRAINING PROGRAM.— (1) TRAINING COURSE.—Within 6 months after the date of enactment of the Magnuson-Stevens Fishery Conservation and 

Management Reauthorization Act of 2006, the Secretary, in 

consultation with the Councils and the National Sea Grant 

College Program, shall develop a training course for newly appointed Council members. The course may cover a variety of 

topics relevant to matters before the Councils, including— 

(A) fishery science and basic stock assessment methods; 

(B) fishery management techniques, data needs, and 

Council procedures; 

(C) social science and fishery economics; 

(D) tribal treaty rights and native customs, access, and 

other rights related to Western Pacific indigenous communities; 

(E) legal requirements of this Act, including conflict of 

interest and disclosure provisions of this section and related policies; 

22 

(F) other relevant legal and regulatory requirements, including the National Environmental Policy Act (42 U.S.C. 

4321 et seq.); 

(G) public process for development of fishery management plans; 

(H) other topics suggested by the Council; and 

(I) recreational and commercial fishing information, including fish harvesting techniques, gear types, fishing vessel types, and economics for the fisheries within each 

Council’s jurisdiction. 

(2) MEMBER TRAINING.—The training course shall be available to both new and existing Council members, staff from the 

regional offices and regional science centers of the National 

Marine Fisheries Service, and may be made available to committee or advisory panel members as resources allow. 

(3) REQUIRED TRAINING.—Council members appointed after 

the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 shall 

complete a training course that meets the requirements of this 

section not later than 1 year after the date on which they were 

appointed. Any Council member who has completed a training 

course within 24 months before the date of enactment of the 

Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 shall be considered to have met the 

training requirement of this paragraph. 

(l) COUNCIL COORDINATION COMMITTEE.—The Councils may establish a Council coordination committee consisting of the chairs, 

vice chairs, and executive directors of each of the 8 Councils described in subsection (a)(1), or other Council members or staff, in 

order to discuss issues of relevance to all Councils, including issues 

related to the implementation of this Act. 

* * * * * * * 

TITLE IV—FISHERY MONITORING AND 

RESEARCH 

* * * * * * * 

SEC. 407. GULF OF MEXICO RED SNAPPER RESEARCH. 

(a) INDEPENDENT PEER REVIEW.—(1) Within 30 days of the date 

of enactment of the Sustainable Fisheries Act, the Secretary shall 

initiate an independent peer review to evaluate— 

(A) the accuracy and adequacy of fishery statistics used by 

the Secretary for the red snapper fishery in the Gulf of Mexico 

to account for all commercial, recreational, and charter fishing 

harvests and fishing effort on the stock; 

(B) the appropriateness of the scientific methods, information, and models used by the Secretary to assess the status and 

trends of the Gulf of Mexico red snapper stock and as the basis 

for the fishery management plan for the Gulf of Mexico red 

snapper fishery; 

(C) the appropriateness and adequacy of the management 

measures in the fishery management plan for red snapper in 

the Gulf of Mexico for conserving and managing the red snapper fishery under this Act; and 

23 

(D) the costs and benefits of all reasonable alternatives to a 

limited access privilege program for the red snapper fishery in 

the Gulf of Mexico. 

(2) The Secretary shall ensure that commercial, recreational, and 

charter fishermen in the red snapper fishery in the Gulf of Mexico 

are provided an opportunity to— 

(A) participate in the peer review under this subsection; and 

(B) provide information to the Secretary concerning the review of fishery statistics under this subsection without being 

subject to penalty under this Act or other applicable law for 

any past violation of a requirement to report such information 

to the Secretary. 

(3) The Secretary shall submit a detailed written report on the 

findings of the peer review conducted under this subsection to the 

Gulf Council no later than one year after the date of enactment of 

the Sustainable Fisheries Act. 

(b) PROHIBITION.—In addition to the restrictions under section 

303(d)(1)(A), the Gulf Council may not, prior to October 1, 2002, 

undertake or continue the preparation of any fishery management 

plan, plan amendment or regulation under this Act for the Gulf of 

Mexico commercial red snapper fishery that creates an individual 

fishing quota program or that authorizes the consolidation of licenses, permits, or endorsements that result in different trip limits 

for vessels in the same class. 

(c) REFERENDUM.— 

(1) On or after October 1, 2002, the Gulf Council may prepare and submit a fishery management plan, plan amendment, 

or regulation for the Gulf of Mexico commercial red snapper 

fishery that creates a limited access privilege program or that 

authorizes the consolidation of licenses, permits, or endorsements that result in different trip limits for vessels in the 

same class, only if the preparation of such plan, amendment, 

or regulation is approved in a referendum conducted under 

paragraph (2) and only if the submission to the Secretary of 

such plan, amendment, or regulation is approved in a subsequent referendum conducted under paragraph (2). 

(2) The Secretary, at the request of the Gulf Council, shall 

conduct referendums under this subsection. Only a person who 

held an annual vessel permit with a red snapper endorsement 

for such permit on September 1, 1996 (or any person to whom 

such permit with such endorsement was transferred after such 

date) and vessel captains who harvested red snapper in a commercial fishery using such endorsement in each red snapper 

fishing season occurring between January 1, 1993, and such 

date may vote in a referendum under this subsection. The referendum shall be decided by a majority of the votes cast. The 

Secretary shall develop a formula to weigh votes based on the 

proportional harvest under each such permit and endorsement 

and by each such captain in the fishery between January 1, 

1993, and September 1, 1996. Prior to each referendum, the 

Secretary, in consultation with the Council, shall— 

(A) identify and notify all such persons holding permits 

with red snapper endorsements and all such vessel captains; and 

24 

(B) make available to all such persons and vessel captains information about the schedule, procedures, and eligibility requirements for the referendum and the proposed 

individual fishing quota program. 

ø(d) CATCH LIMITS.—Any fishery management plan, plan amendment, or regulation submitted by the Gulf Council for the red snapper fishery after the date of enactment of the Sustainable Fisheries 

Act shall contain conservation and management measures that— 

ø(1) establish separate quotas for recreational fishing (which, 

for the purposes of this subsection shall include charter fishing) and commercial fishing that, when reached, result in a 

prohibition on the retention of fish caught during recreational 

fishing and commercial fishing, respectively, for the remainder 

of the fishing year; and 

ø(2) ensure that such quotas reflect allocations among such 

sectors and do not reflect any harvests in excess of such allocations.¿ 

(d) CATCH LIMITS.—Any fishery management plan, plan amendment, or regulation for the red snapper fishery that is submitted by 

the Gulf of Mexico Fishery Management Council after the date of 

the enactment of the RED SNAPPER Act shall contain conservation 

and management measures that— 

(1) establish separate catch limits for each of— 

(A) private recreational fishing; 

(B) federally permitted charter fishing; and 

(C) commercial fishing; and 

(2) ensure that such catch limits reflect allocations among 

such sectors and do not reflect any harvests in excess of such 

allocations. 

(e) STATE EXCLUSIVE AUTHORITY OVER PRIVATE RECREATIONAL

RED SNAPPER FISHING SEASONS IN THE GULF OF MEXICO.— 

(1) EXCLUSIVE AUTHORITY.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B) and paragraph (5), and subject to paragraph (4) and 

section 306(b), each of the Gulf States shall have exclusive 

authority to establish for each of fishing years 2018 

through 2024 the timing and duration of the fishing season 

for private recreational fishing of red snapper in the Gulf 

of Mexico in the extended red snapper management zone of 

such Gulf State under paragraph (2). 

(B) SPECIAL RULE FOR FLORIDA.—With respect to the 

State of Florida, the exclusive authority provided under 

subparagraph (A) shall apply only to waters adjacent to the 

State of Florida in the Gulf of Mexico. 

(2) EXTENDED RED SNAPPER MANAGEMENT ZONE DESCRIBED.— 

(A) IN GENERAL.—For purposes of this subsection, the extended red snapper management zone of a Gulf State consists of all waters that are— 

(i) seaward of the State seaward boundary of such 

Gulf State; 

(ii) not further from shore than the 25-fathom line 

described under subparagraph (B); and 

25 

(iii) between the projected lines determined for that 

State under section 4(a)(2)(A) of the Outer Continental 

Shelf Lands Act (43 U.S.C. 1333(a)(2)(A)). 

(B) DESCRIPTION OF LINE.— (i) IN GENERAL.—Not later than 60 days after the 

date of the enactment of the RED SNAPPER Act and 

subject to clause (ii), the Secretary shall publish in the 

Federal Register and make available on the website of 

the Department of Commerce a description of, and map 

showing, a continuous line in waters of the exclusive 

economic zone in the Gulf of Mexico along the coasts of 

the Gulf States, that is comprised of points that are, on 

average, 25 fathoms in depth. 

(ii) MINIMUM DISTANCE.—No point on such continuous line shall be less than 25 nautical miles from the 

shore. 

(iii) CONSULTATION WITH STATES.—In determining 

the placement of such continuous line, the Secretary 

shall consult with appropriate agencies of each Gulf 

State. 

(3) CRITERIA.—In determining a fishing season under this 

subsection, a Gulf State shall— 

(A) to the extent practicable, ensure sustainable and responsible fishery management consistent with the national 

standards for fishery conservation and management in section 301; and 

(B) include— 

(i) the most recent stock assessment for the red snapper in the Gulf of Mexico; 

(ii) surveys of red snapper in the Gulf of Mexico certified under subsection (g); 

(iii) data related to red snapper in the Gulf of Mexico 

collected by the Gulf States Marine Fisheries Commission, nongovernmental organizations, and nongovernmental sources, including fishermen, universities, and 

research institutions; 

(iv) consideration of the duration of the fishing seasons for red snapper within the State’s seaward boundary; 

(v) estimates of private recreational fishing effort and 

catch rates both within the State’s seaward boundary 

and within the State’s extended red snapper management zone under paragraph (2)(A); and 

(vi) relevant data from independent biological surveys, including State population estimates of the biomass of red snapper within the State’s seaward boundary and within the State’s extended red snapper management zone under paragraph (2). 

(4) LIMITATION WITH RESPECT TO CHARTER FISHING.—The authority of a State under paragraph (1) does not apply with respect to the timing or duration of the charter fishing season. 

(5) SECRETARIAL ACTION TO ADDRESS ADVERSE EFFECTS OF

STATE ACTIONS.—For purposes of section 306(b)(1), the extended 

red snapper management zone of a State under this subsection 

shall be treated as within the boundaries of such State. 

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(6) REPORT.—Not later than 150 days before the end of the 

2024 fishing year and biannually thereafter, the Secretary shall 

submit a report to the Committee on Commerce, Science, and 

Transportation of the Senate and the Committee on Natural Resources of the House of Representatives detailing the health of 

the red snapper fishery in the Gulf of Mexico. The report shall— 

(A) be based upon the boundaries prescribed in paragraph (2); 

(B) describe the impact of the criteria listed under paragraph (3); and 

(C) include results of the NOAA Fisheries Southeast Region head boat surveys. 

(7) RELATIONSHIP TO OTHER FEDERAL AUTHORITY AND REQUIREMENTS.—Nothing in this subsection affects the authority 

of the Secretary under any other provision of law— 

(A) to establish the acceptable biological catch and total 

allowable catch of red snapper in the Gulf of Mexico; or 

(B) to establish any limited access privilege program for 

the commercial harvest of red snapper in the Gulf of Mexico. 

(8) RELATIONSHIP TO STATE AUTHORITY OVER STATE

WATERS.—Nothing in this subsection affects the authority of a 

Gulf State over the territorial waters of such State and fishing 

in such waters. 

(f) STATE SEAWARD BOUNDARY.—Notwithstanding any other provision of law, for the purpose of management of red snapper fisheries in the Gulf of Mexico, the seaward boundary of a Gulf State 

is a line 9 nautical miles seaward from the baseline from which the 

territorial sea of the United States is measured. 

(g) ACCEPTABLE BIOLOGICAL CATCH, TOTAL ALLOWABLE CATCH, 

AND CERTIFIED STATE SURVEYS; ALLOCATION.— 

(1) INCLUSION OF CERTIFIED STATE SURVEYS.—In establishing 

the acceptable biological catch and total allowable catch for red 

snapper in the Gulf of Mexico, the Secretary shall include— 

(A) Gulf State recreational fisheries surveys that are certified under subsection (h); and 

(B) data related to red snapper in the Gulf of Mexico collected by the Gulf States Marine Fisheries Commission, 

nongovernmental organizations, and other nongovernmental sources, including universities and research institutions. 

(2) ALLOCATION AND DURATION OF COMMERCIAL AND FEDERALLY PERMITTED CHARTER SEASON.—Beginning in fishing year 

2018, the percentage of the total allowable catch of red snapper, 

and the duration of the red snapper fishing season in the Gulf 

of Mexico— 

(A) for the commercial fishing sector shall be the same as 

such percentage and duration, respectively, that applied for 

the most recent fishing year, unless amended by the Secretary; and 

(B) for the federally permitted charter fishing sector may 

not be less than the allocation and duration that applied 

to such sector for the most recent fishing year, unless 

amended by the Secretary. 

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(3) FISHING BY FEDERALLY PERMITTED CHARTER SECTOR WITH- IN GULF STATE SEAWARD BOUNDARIES.—Nothing in this Act 

shall be construed to authorize limiting fishing for red snapper 

by the federally permitted charter sector within a Gulf State’s 

seaward boundary in any period in which such fishing in the 

exclusive economic zone is not prohibited. 

(h) STATE SURVEYS.— (1) SUBMISSION.—A Gulf State that conducts a recreational 

fisheries survey in the Gulf of Mexico to make catch estimates 

for red snapper landed in such State may submit such survey 

to the Secretary for certification. 

(2) CERTIFICATION.— 

(A) IN GENERAL.—The Secretary shall make a certification or a denial of certification for any survey submitted 

under paragraph (1) not later than the end of the 6-month 

period beginning on the date the survey is submitted. 

(B) DEEMED CERTIFIED.—A recreational fisheries survey 

is deemed to be certified effective upon the expiration of 

such period if the Secretary has not made a certification or 

denial of certification. 

(3) MODIFICATION OF SURVEYS DENIED CERTIFICATION.— (A) IN GENERAL.—If a survey of a Gulf State is denied 

certification under paragraph (2), the Secretary shall, not 

later than 60 days after the date of the denial, provide the 

Gulf State a proposal for modifications to the survey. 

(B) PROPOSAL.—A proposal provided to a Gulf State for 

a survey under subparagraph (A)— 

(i) shall be specific to the survey submitted by such 

Gulf State and may not be construed to apply to any 

other Gulf State; 

(ii) shall require revision to the fewest possible provisions of the survey; and 

(iii) may not unduly burden the ability of such Gulf 

State to revise the survey. 

(C) MODIFIED SURVEY.— (i) AUTHORITY TO SUBMIT.—If a survey of a Gulf 

State was denied certification under paragraph (2), the 

Gulf State may modify the survey and submit the 

modified survey to the Secretary for certification or denial of certification. 

(ii) SCHEDULE.—The Secretary shall make a certification or denial of certification for any modified survey 

not later than the end of the 30-day period beginning 

on the date the modified survey is submitted. 

(iii) DEEMED CERTIFIED.—A modified survey is 

deemed to be certified effective upon the expiration of 

the period described in clause (ii) if the Secretary has 

not made a certification or denial of certification. 

(i) REDUCTION OF BAROTRAUMA.—Each Gulf State shall develop 

and promote best practices for use in the red snapper fishery in the 

Gulf of Mexico to reduce barotrauma. 

(j) CONSTRUCTION.—Nothing in this section may be construed to 

alter— 

(1) any commercial catch share program for Gulf of Mexico 

red snapper; 

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(2) any Federal program related to charter fishing; or 

(3) the fishing gear that may be used in the red snapper fishery in the Gulf of Mexico. 

(k) DEFINITIONS.—In this section: 

(1) GULF STATE.—The term ‘‘Gulf State’’ means each of the 

States of Texas, Louisiana, Mississippi, Alabama, or Florida. 

(2) RED SNAPPER.—The term ‘‘red snapper’’ means the species 

Lutjanus campechanus. 

* * * * * * * 

(29) 

DISSENTING VIEWS 

At its core, H.R. 3588 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 and a host of chefs, 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 stilloverfished 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 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. 

The Trump Administration has exacerbated this problem, not 

solved it, by extending the private boat recreational red snapper 

season in the Gulf this year 15 times longer than was recommended by NOAA scientists and managers. That has led to massive overfishing and legal challenges that could hamstring the fishery for years to come. H.R. 3588 would do further damage to this 

economically important stock, and we cannot support it. 

Instead of using creative management approaches already allowed by law to lengthen the red snapper season, H.R. 3588 would 

turn red snapper management over to the five Gulf States. It 

would allow the states to determine recreational seasons, extend 

their management jurisdiction over thousands of square miles of 

the Gulf without funding for law enforcement, and ignore sciencebased annual catch limits set by the Gulf of Mexico Fishery Management Council. The bill would also force NOAA and Council scientists to accept and use data from states and fishermen, even if 

that data has no real scientific value. 

Commercial red snapper fishermen have used the fisheries management process under the Magnuson-Stevens Act 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, 

30 

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. For those reasons, we must oppose this bill as reported. 

RAU ́ L M. GRIJALVA, 

Ranking Member, Committee 

on Natural Resources. 

NIKI TSONGAS. 

DARREN SOTO. 

GRACE F. NAPOLITANO. 

JARED HUFFMAN. 

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