I 

113TH CONGRESS 

1ST SESSION H. R. 3099 

To provide for the development of a fishery management plan for the Gulf 

of Mexico red snapper, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 12, 2013 

Mr. MILLER of Florida (for himself, Mr. RICHMOND, Mr. BOUSTANY, Mr. 

DUNCAN of South Carolina, Mr. FARENTHOLD, Mr. LATTA, Mr. OLSON, 

Mr. PALAZZO, Mr. ROGERS of Alabama, Mr. SCALISE, Mr. AUSTIN

SCOTT of Georgia, Mr. THOMPSON of Mississippi, Mr. WALZ, Mr. WESTMORELAND, and Mr. WITTMAN) introduced the following bill; which was 

referred to the Committee on Natural Resources 

A BILL 

To provide for the development of a fishery management 

plan for the Gulf of Mexico red snapper, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Gulf of Mexico Red 

5 Snapper Conservation Act of 2013’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) COASTAL WATERS.—The term ‘‘coastal 

2 waters’’ means all waters of the Gulf of Mexico— 

3 (A) shoreward of the baseline from which 

4 the territorial sea of the United States is meas5 ured; and 

6 (B) seaward from the baseline described in 

7 subparagraph (A) to the inner boundary of the 

8 exclusive economic zone. 

9 (2) COMMISSION.—The term ‘‘Commission’’ 

10 means the Gulf States Marine Fisheries Commis11 sion. 

12 (3) EXCLUSIVE ECONOMIC ZONE.—The term 

13 ‘‘exclusive economic zone’’ has the meaning given to 

14 such term in section 3 of the Magnuson-Stevens 

15 Fishery Conservation and Management Act (16 

16 U.S.C. 1802). 

17 (4) FEDERAL FISHERY MANAGEMENT PLAN.— 

18 The term ‘‘Federal fishery management plan’’ 

19 means the Fishery Management Plan for the Reef 

20 Fish Resources of the Gulf of Mexico prepared by 

21 the Gulf of Mexico Fishery Management Council 

22 pursuant to section 622.1 of title 50, Code of Fed23 eral Regulations. 

24 (5) FISHERY MANAGEMENT MEASURE.—The 

25 term ‘‘fishery management measure’’ means any polVerDate Mar 15 2010 00:56 Sep 14, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3099.IH H3099

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1 icy, process, or tool used by a Gulf coastal State to 

2 implement the fishery management plan. 

3 (6) FISHERY MANAGEMENT PLAN.—The term 

4 ‘‘fishery management plan’’ means a plan created by 

5 the Commission for the sustainability of Gulf of 

6 Mexico red snapper and the economic and commu7 nity benefits of each of the Gulf coastal States. 

8 (7) GULF COASTAL STATE.—The term ‘‘Gulf 

9 coastal State’’ means any of— 

10 (A) Alabama; 

11 (B) Florida; 

12 (C) Louisiana; 

13 (D) Mississippi; or 

14 (E) Texas. 

15 (8) GULF OF MEXICO RED SNAPPER.—The 

16 term ‘‘Gulf of Mexico red snapper’’ means members 

17 of stocks or populations of the species Lutjanis 

18 campechanus, which ordinarily are found shoreward 

19 of coastal waters. 

20 (9) OVERFISHING.—The term ‘‘overfishing’’ has 

21 the meaning given to such term in section 3 of the 

22 Magnuson-Stevens Fishery Conservation and Man23 agement Act (16 U.S.C. 1802). 

24 (10) SECRETARY.—The term ‘‘Secretary’’ 

25 means the Secretary of Commerce. 


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1 SEC. 3. DATA COLLECTION STRATEGY FOR GULF OF MEX2 ICO RED SNAPPER. 

3 Not later than one year after the date of the enact4 ment of this Act, the Commission, with the support of the 

5 Secretary, shall prepare and adopt by vote a strategy for 

6 the collection of data on the Gulf of Mexico red snapper 

7 fishery that shall include— 

8 (1) measures to enhance interstate collaboration 

9 on the collection of data regarding the Gulf of Mex10 ico red snapper fishery; and 

11 (2) a plan to undertake annual stock assess12 ments of Gulf of Mexico red snapper. 

13 SEC. 4. ADOPTING A FISHERY MANAGEMENT PLAN. 

14 (a) IN GENERAL.—Not later than one year after the 

15 date of the enactment of this Act, the Commission shall 

16 prepare and adopt by vote a fishery management plan and 

17 submit the plan to the Secretary. 

18 (b) REQUIREMENTS.—In adopting a fishery manage19 ment plan under subsection (a), the Commission shall en20 sure— 

21 (1) adequate opportunity for public participa22 tion prior to a vote under subsection (a), including— 

23 (A) at least 1 public hearing held in each 

24 Gulf coastal State; and 

25 (B) procedures for submitting written com26 ments on the fishery management plan to the 


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1 Commission and for making such comments 

2 and responses of the Commission available to 

3 the public; and 

4 (2) that such plan contains standards and pro5 cedures for the long-term sustainability of Gulf of 

6 Mexico red snapper based on the available science. 

7 (c) LIMITATIONS ON QUOTAS.—The fishery manage8 ment plan shall address the quotas of Gulf of Mexico red 

9 snapper on the date of the enactment of this Act as fol10 lows: 

11 (1) Based on stock assessments, the fishery 

12 management plan may increase the quota appor13 tioned to commercial fishing in a fair and equitable 

14 manner. 

15 (2) Except as provided in paragraph (3), the 

16 fishery management plan shall not reduce such 

17 quota until the date that is 3 years after the date 

18 of the enactment of this Act. 

19 (3) If there is a reduction in the stock of Gulf 

20 of Mexico red snapper prior to the date specified in 

21 paragraph (2), the fishery management plan shall 

22 reduce quotas apportioned to all fishing sectors in a 

23 fair and equitable manner that ensures a sustainable 

24 harvest of Gulf of Mexico red snapper. 


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1 (d) GULF COASTAL STATE REQUIREMENTS.—The 

2 fishery management plan shall describe standards of com3 pliance for Gulf coastal States to use in developing fishery 

4 management measures. 

5 SEC. 5. REVIEW AND CERTIFICATION BY SECRETARY. 

6 (a) PLAN REVIEW.—The Secretary shall review the 

7 fishery management plan submitted pursuant to section 

8 4 to determine if the plan— 

9 (1) is compatible, to the extent practicable, with 

10 section 301 of the Magnuson-Stevens Fishery Con11 servation and Management Act (16 U.S.C. 1851); 

12 and 

13 (2) will ensure the long-term sustainability of 

14 Gulf of Mexico red snapper populations. 

15 (b) PLAN CERTIFICATION.—The Secretary shall de16 termine whether to certify the fishery management plan 

17 based on the review conducted under subsection (a). 

18 (c) FAILURE TO CERTIFY.—If the Secretary does not 

19 certify the fishery management plan under subsection (b), 

20 the Secretary shall submit a written explanation to the 

21 Commission explaining why the plan was not certified. 

22 The Commission may submit a new fishery management 

23 plan to the Secretary pursuant to section 4. 

24 (d) TIME FOR SECRETARY RESPONSE.—If the Sec25 retary fails to act pursuant to subsection (b) within 120 


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1 days of receipt of the fishery management plan, the plan 

2 shall be treated as certified by the Secretary. 

3 SEC. 6. STATE IMPLEMENTATION OF THE FISHERY MAN4 AGEMENT PLAN. 

5 (a) MANAGEMENT MEASURES DEADLINE.—The 

6 Commission shall establish a deadline for each Gulf coast7 al State to submit fishery management measures to the 

8 Commission. 

9 (b) REVIEW AND APPROVAL.—Within 60 days of re10 ceipt of the fishery management measures, the Commis11 sion shall review and approve such measures that ensure 

12 each Gulf coastal State is in compliance with the objectives 

13 of the fishery management plan. 

14 (c) REVOCATION OF FEDERAL MANAGEMENT.—The 

15 Commission shall certify to the Secretary that the Com16 mission has approved the fishery management measures 

17 submitted under subsection (a) for all Gulf coastal States. 

18 Upon receipt of the certification, the Secretary shall— 

19 (1) publish a notice in the Federal Register re20 voking those regulations and portions of the Federal 

21 fishery management plan that are in conflict with 

22 the fishery management plan submitted under sec23 tion 4, including the deletion of the Gulf of Mexico 

24 red snapper from the Federal fishery management 

25 plan; and 


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1 (2) transfer management of Gulf of Mexico red 

2 snapper to the Gulf coastal States. 

3 (d) IMPLEMENTATION.—Upon the transfer of man4 agement described in subsection (c)(2), each Gulf coastal 

5 State shall implement the measures approved under sub6 section (b). 

7 SEC. 7. COMMISSION OVERSIGHT RESPONSIBILITIES. 

8 (a) IMPLEMENTATION AND ENFORCEMENT OF FISH9 ERY MANAGEMENT MEASURES.—In December of the year 

10 following the transfer of management described in section 

11 6(c)(2), and at any other time the Commission considers 

12 appropriate after that December, the Commission shall de13 termine if— 

14 (1) each Gulf coastal State has fully adopted 

15 and implemented fishery management measures; 

16 (2) such measures continue to be in compliance 

17 with the fishery management plan; and 

18 (3) the enforcement of such measures by each 

19 Gulf coastal State is satisfactory to maintain the 

20 long-term sustainability and abundance of Gulf of 

21 Mexico red snapper. 

22 (b) CERTIFICATION OF OVERFISHING AND REBUILD23 ING PLANS.—If the Gulf of Mexico red snapper in a Gulf 

24 coastal State is experiencing overfishing or is subject to 


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1 a rebuilding plan, that Gulf coastal State shall submit a 

2 certification to the Commission showing that such State— 

3 (1) has implemented the necessary measures to 

4 end overfishing or rebuild the fishery; and 

5 (2) in consultation with the National Oceanic 

6 and Atmospheric Administration, has implemented a 

7 program to provide for data collection adequate to 

8 monitor the harvest of Gulf of Mexico red snapper 

9 by such Gulf coastal State. 

10 SEC. 8. OPPORTUNITY TO REMEDY. 

11 (a) IN GENERAL.—If the Commission finds that a 

12 Gulf coastal State is noncompliant under section 7, the 

13 Commission shall offer assistance to that Gulf coastal 

14 State to remedy the finding of noncompliance. 

15 (b) NOTIFICATION TO SECRETARY FOR CONTINUED

16 NONCOMPLIANCE.—If, after such time as determined by 

17 the Commission, the Gulf coastal State receiving assist18 ance described in subsection (a) remains noncompliant, 

19 the Commission shall vote on whether to notify the Sec20 retary. 

21 SEC. 9. CLOSURE OF THE GULF OF MEXICO RED SNAPPER 

22 FISHERY. 

23 (a) CONDITIONS FOR CLOSURE.—Not later than 60 

24 days after the receipt of a notice under section 8(b), the 

25 Secretary may declare a closure of the Gulf of Mexico red 


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1 snapper fishery within the Federal waters adjacent to the 

2 waters of the Gulf coastal State that is the subject of such 

3 notice. 

4 (b) CONSIDERATIONS.—Prior to making a declara5 tion under subsection (a) the Secretary shall consider the 

6 comments of such Gulf coastal State and the Commission. 

7 (c) ACTIONS PROHIBITED DURING CLOSURE.—Dur8 ing a closure of the Gulf of Mexico red snapper fishery 

9 under subsection (a), it is unlawful for any person— 

10 (1) to engage in fishing for Gulf of Mexico red 

11 snapper within the Federal waters adjacent to the 

12 waters of the Gulf coastal State covered by the clo13 sure; 

14 (2) to land, or attempt to land, the Gulf of 

15 Mexico red snapper to which the closure applies; or 

16 (3) to fail to return to the water any Gulf of 

17 Mexico red snapper to which the closure applies that 

18 are caught incidental to commercial harvest or in 

19 other recreational fisheries. 

20 SEC. 10. ECONOMIC ANALYSIS AND REPORT. 

21 (a) ECONOMIC ANALYSIS OF GULF OF MEXICO RED

22 SNAPPER FISHERY.—The Secretary, in consultation with 

23 the Gulf coastal States and the Commission, shall conduct 

24 a study and analysis of the economic impacts for the local, 


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1 regional, and national economy of the Gulf of Mexico red 

2 snapper fishery. The study shall include an analysis of— 

3 (1) the beneficial economic impacts on indus4 tries directly related to the Gulf of Mexico red snap5 per fishery, including boat sales, marina activity, 

6 boat construction and repair, fishing gear and tackle 

7 sales, and other closely related industries; and 

8 (2) the downstream economic impacts of the 

9 Gulf of Mexico red snapper fishery on the economies 

10 of the Gulf coastal States, including hotels, res11 taurants, grocery stores, related tourism, and other 

12 peripheral businesses and industries. 

13 (b) BIENNIAL REPORTS.—Beginning 2 years after 

14 the date of the enactment of this Act, and every 2 years 

15 thereafter, the Secretary shall submit a report on the find16 ings of the study conducted under subsection (a) to Con17 gress, the Governor of each of the Gulf coastal States, and 

18 the Commission. Each report shall be made available to 

19 the public and shall include recommendations for addi20 tional actions to be taken to encourage the sustainability 

21 of the Gulf of Mexico red snapper fishery. 

Æ 


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