```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1161 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1161

  To provide for the development of a fishery management plan for the 
          Gulf of Mexico red snapper, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2013

  Ms. Landrieu (for herself and Mr. Wicker) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
  To provide for the development of a fishery management plan for the 
          Gulf of Mexico red snapper, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gulf of Mexico Red Snapper 
Conservation Act of 2013''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Coastal waters.--The term ``coastal waters'' means--
                    (A) all waters, whether salt or fresh, of the Gulf 
                coastal State shoreward of the baseline from which the 
                territorial sea of the United States is measured; and
                    (B) the waters of the Gulf coastal State seaward 
                from the baseline referred to in subparagraph (A) to 
                the inner boundary of the exclusive economic zone 200 
                mile limit.
            (2) Commission.--The term ``Commission'' means the Gulf 
        States Marine Fisheries Commission.
            (3) Fishery management plan.--The term ``fishery management 
        plan'' means a plan for the conservation and management of Gulf 
        of Mexico red snapper prepared and adopted by the Commission 
        pursuant to section 4.
            (4) Gulf coastal state.--The term ``Gulf coastal State'' 
        means the following States bordering the Gulf of Mexico:
                    (A) Alabama.
                    (B) Florida.
                    (C) Louisiana.
                    (D) Mississippi.
                    (E) Texas.
            (5) Gulf of mexico red snapper.--The term ``Gulf of Mexico 
        red snapper'' means members of stocks or populations of the 
        species Lutjanis campechanus, which ordinarily are found 
        seaward of the coastal waters.
            (6) Magnuson-stevens act.--The term ``Magnuson-Stevens 
        Act'' means the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1801 et seq.).

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

    (a) New Fishery Management Plan From Commission.--The Commission 
shall submit to the Secretary of Commerce a fishery management plan for 
Gulf of Mexico red snapper adopted by the Commission pursuant to 
section 4.
    (b) Actions by Secretary of Commerce.--
            (1) Review and certification of plan.--The Secretary of 
        Commerce shall--
                    (A) review the plan submitted pursuant to 
                subsection (a) to determine whether or not the plan--
                            (i) includes fishery management measures 
                        that are compatible to the extent practicable 
                        with the national standards set forth in 
                        section 301 of the Magnuson-Stevens Act (16 
                        U.S.C. 1851) and other applicable provisions of 
                        the Magnuson-Stevens Act; and
                            (ii) will ensure the long-term conservation 
                        of Gulf of Mexico red snapper populations; and
                    (B) certify whether or not the Commission has 
                submitted a fishery management plan to properly 
                conserve and manage Gulf of Mexico red snapper 
                consistent with this Act.
            (2) Revocation of superseded plan.--Upon receipt of a 
        certification by the Commission under section 4(b)(2) that all 
        of the Gulf coastal States will have sufficient management 
        measures under section 4(b)(1), the Secretary shall publish a 
        notice in the Federal Register revoking those regulations and 
        portions of the Federal fishery management plan for the Reef 
        Fish Resources of the Gulf of Mexico that are in conflict with 
        the fishery management plan for Gulf of Mexico red snapper, 
        including the deletion of the species from the management unit.
    (c) State Actions.--Upon certification by the Secretary under 
subsection (b)(1) that the fishery management plan will properly 
conserve and manage Gulf of Mexico red snapper consistent with this 
Act, the Gulf coastal States shall implement all appropriate measures 
to manage the Gulf of Mexico red snapper resource in the adjacent 
coastal waters in accordance with the fishery management plan.

SEC. 4. GULF OF MEXICO RED SNAPPER FISHERY MANAGEMENT PLAN.

    (a) Commission Process.--
            (1) In general.--The Commission shall prepare and adopt a 
        fishery management plan to provide for the conservation and 
        management of Gulf of Mexico red snapper and specify the 
        requirements necessary for Gulf coastal States to be in 
        compliance with the plan.
            (2) Standards and procedures.--Not later than one year 
        after the date of the enactment of this Act, the Commission 
        shall establish standards and procedures for the preparation of 
        the fishery management plan, including standards and procedures 
        to ensure--
                    (A) the long-term sustainability of Gulf of Mexico 
                red snapper based on the available science; and
                    (B) adequate opportunity for public participation 
                in the preparation of the fishery management plan, 
                including at least four public hearings and procedures 
                for the submittal to the Commission of written comments 
                on the fishery management plan.
            (3) Limitation on reduction in quotas.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the fishery management plan may not reduce the 
                overall quota of Gulf of Mexico red snapper apportioned 
                to commercial fishing on the date of the enactment of 
                this Act until the date that is 3 years after such date 
                of enactment. Such plan may increase such a quota based 
                on stock assessments.
                    (B) Exception in case of a reduction in stock.--In 
                the event of a reduction in the stock of Gulf of Mexico 
                red snapper, the fishery management plan shall reduce 
                the quota described in subparagraph (A) in a manner 
                that ensures a sustainable harvest of Gulf of Mexico 
                red snapper.
    (b) State Implementation and Enforcement.--
            (1) Submittal of management measures.--Each Gulf coastal 
        State shall submit to the Commission management measures to 
        ensure compliance with the conservation objectives of the 
        fishery management plan.
            (2) Implementation.--Upon certification by the Commission 
        that all Gulf coastal States have submitted sufficient 
        management measures described in paragraph (1), the Commission 
        shall certify to the Secretary of Commerce under section 
        3(b)(2) to revoke Federal management of Gulf of Mexico red 
        snapper, and the Gulf coastal States shall manage the Gulf of 
        Mexico red snapper in the adjacent coastal waters consistent 
        with the fishery management plan.

SEC. 5. MONITORING OF IMPLEMENTATION AND ENFORCEMENT OF GULF OF MEXICO 
              RED SNAPPER FISHERY MANAGEMENT PLAN BY GULF COASTAL 
              STATES.

    (a) Determination.--In December each year, and at any other time it 
considers appropriate, the Commission shall determine--
            (1) whether each Gulf coastal State has adopted all 
        regulatory measures to fully implement the fishery management 
        plan; and
            (2) whether the enforcement of the fishery management plan 
        by each Gulf coastal State is satisfactory to maintain the 
        long-term sustainability and abundance of Gulf of Mexico red 
        snapper.
    (b) Satisfactory State Enforcement.--For purposes of subsection 
(a)(2), enforcement by a Gulf coastal State shall not be considered 
satisfactory by the Commission if, in its view, such enforcement is 
being carried out in such a manner that the implementation of the 
fishery management plan within the coastal waters of the Gulf coastal 
State is being, or will likely be, substantially and adversely 
affected.
    (c) Notice to Secretary of Commerce of Adverse Determination.--The 
Commission shall immediately notify the Secretary of Commerce of each 
negative determination made with respect to a Gulf coastal State under 
subsection (a).

SEC. 6. GULF OF MEXICO RED SNAPPER FISHERY MANAGEMENT REVIEW.

    (a) Commission Review and Report on Certification on Certain State 
Actions.--
            (1) Commission review of state certification.--Each Gulf 
        coastal State that manages Gulf of Mexico red snapper shall 
        submit to the Commission a certification as follows:
                    (A) If Gulf of Mexico red snapper is undergoing 
                overfishing or subject to a rebuilding plan, that such 
                Gulf coastal State shall implement immediately the 
                necessary measures to end overfishing and rebuild the 
                fishery.
                    (B) That such Gulf coastal State shall implement a 
                program to provide for data collection adequate to 
                monitor the harvest of Gulf of Mexico red snapper by 
                such Gulf coastal State.
            (2) Report to secretary.--Upon the review of each 
        certification submitted to the Commission under paragraph (1), 
        the Commission shall certify to the Secretary of Commerce 
        whether or not the Gulf coastal State concerned is fully 
        carrying out the matters covered by the certification.
    (b) Action by Secretary of Commerce.--Upon receipt by the Secretary 
of Commerce of a notice under section 5(c) or a report under subsection 
(a)(2) that a Gulf Coastal State is not fully complying with the 
matters specified in subsection (a)(1) as certified by that State 
pursuant to subsection (a)(1), the Secretary may declare a closure of 
the Gulf of Mexico red snapper fishery within the Federal waters 
adjacent to the Gulf coastal State. In making such a declaration the 
Secretary shall fully consider and review the comments of the Gulf 
coastal State and the Commission.
    (c) Actions Prohibited During Closure.--During a closure of the 
Gulf of Mexico red snapper fishery under subsection (b), it is unlawful 
for any person--
            (1) to engage in fishing for Gulf of Mexico red snapper 
        within the Federal waters adjacent to the Gulf coastal State 
        covered by the closure;
            (2) to land, or attempt to land, the Gulf of Mexico red 
        snapper that is subject to the closure; or
            (3) to fail to return to the water the Gulf of Mexico red 
        snapper to which the closure applies that are caught incidental 
        to commercial harvest or in other recreational fisheries.

SEC. 7. IMPROVED STUDIES AND DATA COLLECTION FOR GULF OF MEXICO RED 
              SNAPPER.

    (a) In General.--For the purposes of carrying out this Act, the 
Secretary of Commerce shall support the Gulf coastal States and the 
Commission in developing and implementing a comprehensive study on Gulf 
of Mexico Red Snapper. This study shall include, but shall not be 
limited to, the following:
            (1) Annual stock assessments of Gulf of Mexico red snapper.
            (2) The number of participants, both commercial and 
        recreational, in the coastal waters of the Gulf coastal States 
        that harvest Gulf of Mexico red snapper.
            (3) Recommendations for improved conservation and 
        management of Gulf of Mexico red snapper.
    (b) Comprehensive Economic Analysis.--The Secretary of Commerce 
shall, in consultation with the Gulf coastal States and the Commission, 
conduct a comprehensive study and analysis of the economic impacts and 
benefits for the local, regional, and national economy of the Gulf of 
Mexico red snapper fishery. The study shall include the following:
            (1) A thorough analysis of the beneficial economic impacts 
        of industries directly related to the Gulf of Mexico red 
        snapper fishery, including, but not limited to, boat sales, 
        marina activity, boat construction and repair, fishing gear and 
        tackle sales, and other closely associated industries.
            (2) A proper economic analysis of the downstream economic 
        impacts of the Gulf of Mexico red snapper fishery on the 
        economies of the Gulf coastal States, including, but not 
        limited to, hotels, restaurants, grocery stores, related 
        tourism, and other peripheral businesses and industries.
    (c) Biennial Reports.--The Secretary of Commerce shall submit to 
Congress, the Gulf coastal States, and the Commission on a biennial 
basis a report on the progress and findings of studies conducted under 
subsections (a) and (b), and shall make each report available to the 
public. Each report shall, to the extent practicable, include 
recommendations on additional actions to be taken to encourage the 
sustainable conservation and management of the Gulf of Mexico red 
snapper fishery.
                                 <all>
```