II 

115TH CONGRESS 

1ST SESSION S. 1686 

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. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2017 

Mr. CASSIDY (for himself and Mr. KENNEDY) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

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. 

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 ‘‘Regionally Empowered 

5 Decision-making for Snapper, Noting the Angling Public 

6 and the Preservation of an Exceptional Resource Act’’ or 

7 the ‘‘RED SNAPPER Act’’. 


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1 SEC. 2. STATE EXCLUSIVE FISHERY MANAGEMENT AU2 THORITY OVER PRIVATE RECREATIONAL 

3 RED SNAPPER FISHING SEASONS IN THE 

4 GULF OF MEXICO. 

5 (a) IN GENERAL.—Section 407 of the Magnuson-Ste6 vens Fishery Conservation and Management Act (16 

7 U.S.C. 1883) is amended by striking subsection (d) and 

8 inserting the following: 

9 ‘‘(d) CATCH LIMITS.—Any fishery management plan, 

10 plan amendment, or regulation for the red snapper fishery 

11 that is submitted by the Gulf of Mexico Fishery Manage12 ment Council after the date of the enactment of the RED 

13 SNAPPER Act shall contain conservation and manage14 ment measures that— 

15 ‘‘(1) establish separate catch limits for each 

16 of— 

17 ‘‘(A) private recreational fishing; 

18 ‘‘(B) federally permitted charter fishing; 

19 and 

20 ‘‘(C) commercial fishing; and 

21 ‘‘(2) ensure that such catch limits reflect alloca22 tions among such sectors and do not reflect any har23 vests in excess of such allocations. 

24 ‘‘(e) STATE EXCLUSIVE AUTHORITY OVER PRIVATE

25 RECREATIONAL RED SNAPPER FISHING SEASONS IN THE

26 GULF OF MEXICO.— 


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1 ‘‘(1) EXCLUSIVE AUTHORITY.— 

2 ‘‘(A) IN GENERAL.—Except as provided in 

3 subparagraph (B) and paragraph (5), and sub4 ject to paragraph (4) and section 306(b), each 

5 of the Gulf States shall have exclusive authority 

6 to establish for each of fishing years 2018 

7 through 2024 the timing and duration of the 

8 fishing season for private recreational fishing of 

9 red snapper in the Gulf of Mexico in the ex10 tended red snapper management zone of such 

11 Gulf State under paragraph (2). 

12 ‘‘(B) SPECIAL RULE FOR FLORIDA.—With 

13 respect to the State of Florida, the exclusive 

14 authority provided under subparagraph (A) 

15 shall apply only to waters adjacent to the State 

16 of Florida in the Gulf of Mexico. 

17 ‘‘(2) EXTENDED RED SNAPPER MANAGEMENT

18 ZONE DESCRIBED.— 

19 ‘‘(A) IN GENERAL.—For purposes of this 

20 subsection, the extended red snapper manage21 ment zone of a Gulf State consists of all waters 

22 that are— 

23 ‘‘(i) seaward of the State seaward 

24 boundary of such Gulf State; 


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1 ‘‘(ii) not further from shore than the 

2 25-fathom line described under subpara3 graph (B); and 

4 ‘‘(iii) between the projected lines de5 termined for that State under section 

6 4(a)(2)(A) of the Outer Continental Shelf 

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

8 ‘‘(B) DESCRIPTION OF LINE.— 

9 ‘‘(i) IN GENERAL.—Not later than 60 

10 days after the date of the enactment of the 

11 RED SNAPPER Act and subject to clause 

12 (ii), the Secretary shall publish in the Fed13 eral Register and make available on the 

14 Internet website of the Department of 

15 Commerce a description of, and map show16 ing, a continuous line in waters of the ex17 clusive economic zone in the Gulf of Mex18 ico along the coasts of the Gulf States, 

19 that is comprised of points that are, on av20 erage, 25 fathoms in depth. 

21 ‘‘(ii) MINIMUM DISTANCE.—No point 

22 on such continuous line shall be less than 

23 25 nautical miles from the shore. 

24 ‘‘(iii) CONSULTATION WITH STATES.— 

25 In determining the placement of such conVerDate Sep 11 2014 23:20 Aug 15, 2017 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1686.IS S1686

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1 tinuous line, the Secretary shall consult 

2 with appropriate agencies of each Gulf 

3 State. 

4 ‘‘(3) CRITERIA.—In determining a fishing sea5 son under this subsection, a Gulf State shall— 

6 ‘‘(A) to the extent practicable, ensure sus7 tainable and responsible fishery management 

8 consistent with the national standards for fish9 ery conservation and management in section 

10 301; and 

11 ‘‘(B) include— 

12 ‘‘(i) the most recent stock assessment 

13 for the red snapper in the Gulf of Mexico; 

14 ‘‘(ii) surveys of red snapper in the 

15 Gulf of Mexico certified under subsection 

16 (g); 

17 ‘‘(iii) data related to red snapper in 

18 the Gulf of Mexico collected by the Gulf 

19 States Marine Fisheries Commission, non20 governmental organizations, and non21 governmental sources, including fishermen, 

22 universities, and research institutions; 

23 ‘‘(iv) consideration of the duration of 

24 the fishing seasons for red snapper within 

25 the State’s seaward boundary; 


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1 ‘‘(v) estimates of private recreational 

2 fishing effort and catch rates both within 

3 the State’s seaward boundary and within 

4 the State’s extended red snapper manage5 ment zone under paragraph (2)(A); and 

6 ‘‘(vi) relevant data from independent 

7 biological surveys, including State popu8 lation estimates of the biomass of red 

9 snapper within the State’s seaward bound10 ary and within the State’s extended red 

11 snapper management zone under para12 graph (2). 

13 ‘‘(4) LIMITATION WITH RESPECT TO CHARTER

14 FISHING.—The authority of a State under para15 graph (1) does not apply with respect to the timing 

16 or duration of the charter fishing season. 

17 ‘‘(5) SECRETARIAL ACTION TO ADDRESS AD18 VERSE EFFECTS OF STATE ACTIONS.—For purposes 

19 of section 306(b)(1), the extended red snapper man20 agement zone of a State under this subsection shall 

21 be treated as within the boundaries of such State. 

22 ‘‘(6) BIENNIAL REPORT.—Not later than 150 

23 days before the end of the 2024 fishing year and not 

24 less frequently than once every two years thereafter, 

25 the Secretary shall submit to the Committee on 


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1 Commerce, Science, and Transportation of the Sen2 ate and the Committee on Natural Resources of the 

3 House of Representatives a report detailing the 

4 health of the red snapper fishery in the Gulf of Mex5 ico. The report shall— 

6 ‘‘(A) be based upon the boundaries pre7 scribed in paragraph (2); 

8 ‘‘(B) describe the impact of the criteria 

9 listed under paragraph (3); and 

10 ‘‘(C) include results of the NOAA Fish11 eries Southeast Region head boat surveys. 

12 ‘‘(7) RELATIONSHIP TO OTHER FEDERAL AU13 THORITY AND REQUIREMENTS.—Nothing in this 

14 subsection affects the authority of the Secretary 

15 under any other provision of law— 

16 ‘‘(A) to establish the acceptable biological 

17 catch and total allowable catch of red snapper 

18 in the Gulf of Mexico; or 

19 ‘‘(B) to establish any limited access privi20 lege program for the commercial harvest of red 

21 snapper in the Gulf of Mexico. 

22 ‘‘(8) RELATIONSHIP TO STATE AUTHORITY

23 OVER STATE WATERS.—Nothing in this subsection 

24 affects the authority of a Gulf State over the terriVerDate Sep 11 2014 23:20 Aug 15, 2017 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1686.IS S1686

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1 torial waters of such State and fishing in such 

2 waters.’’. 

3 (b) CONFORMING AMENDMENTS.— 

4 (1) UNITED STATES SOVEREIGN RIGHTS TO

5 FISH AND FISHERY MANAGEMENT AUTHORITY.— 

6 Section 101(a) of the Magnuson-Stevens Fishery 

7 Conservation and Management Act (16 U.S.C. 

8 1811) is amended by striking ‘‘102,’’ and inserting 

9 ‘‘102 and section 407(e),’’. 

10 (2) GULF COUNCIL.—Section 302(a)(1)(E) of 

11 the Magnuson-Stevens Fishery Conservation and 

12 Management Act (16 U.S.C. 1852(a)(1)(E)) is 

13 amended by striking ‘‘paragraph (3)).’’ and inserting 

14 ‘‘paragraph (3) of this subsection and section 

15 407(e)).’’. 

16 (c) EXTENSION OF STATE SEAWARD BOUNDARY.— 

17 Section 407 of the Magnuson-Stevens Fishery Conserva18 tion and Management Act (16 U.S.C. 1883) is further 

19 amended by adding at the end the following: 

20 ‘‘(f) STATE SEAWARD BOUNDARY.—Notwithstanding 

21 any other provision of law, for the purpose of management 

22 of red snapper fisheries in the Gulf of Mexico, the seaward 

23 boundary of a Gulf State is a line 9 nautical miles seaward 

24 from the baseline from which the territorial sea of the 

25 United States is measured.’’. 


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1 SEC. 3. FEDERAL GULF OF MEXICO RED SNAPPER MANAGE2 MENT. 

3 (a) ALLOCATIONS OF PERCENTAGE OF TOTAL AL4 LOWABLE CATCH AND SEASONS FOR OTHER SECTORS.— 

5 Section 407 of the Magnuson-Stevens Fishery Conserva6 tion and Management Act (16 U.S.C. 1883) is further 

7 amended by adding at the end the following: 

8 ‘‘(g) ACCEPTABLE BIOLOGICAL CATCH, TOTAL AL9 LOWABLE CATCH, AND CERTIFIED STATE SURVEYS; AL10 LOCATION.— 

11 ‘‘(1) INCLUSION OF CERTIFIED STATE SUR12 VEYS.—In establishing the acceptable biological 

13 catch and total allowable catch for red snapper in 

14 the Gulf of Mexico, the Secretary shall include— 

15 ‘‘(A) Gulf State recreational fisheries sur16 veys that are certified under subsection (h); and 

17 ‘‘(B) data related to red snapper in the 

18 Gulf of Mexico collected by the Gulf States Ma19 rine Fisheries Commission, nongovernmental 

20 organizations, and other nongovernmental 

21 sources, including universities and research in22 stitutions. 

23 ‘‘(2) ALLOCATION AND DURATION OF COMMER24 CIAL AND FEDERALLY PERMITTED CHARTER SEA25 SON.—Beginning in fishing year 2018, the percent26 age of the total allowable catch of red snapper, and 


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1 the duration of the red snapper fishing season in the 

2 Gulf of Mexico— 

3 ‘‘(A) for the commercial fishing sector 

4 shall be the same as such percentage and dura5 tion, respectively, that applied for the most re6 cent fishing year, unless amended by the Sec7 retary; and 

8 ‘‘(B) for the federally permitted charter 

9 fishing sector may not be less than the alloca10 tion and duration that applied to such sector 

11 for the most recent fishing year, unless amend12 ed by the Secretary. 

13 ‘‘(3) FISHING BY FEDERALLY PERMITTED

14 CHARTER SECTOR WITHIN GULF STATE SEAWARD

15 BOUNDARIES.—Nothing in this Act shall be con16 strued to authorize limiting fishing for red snapper 

17 by the federally permitted charter sector within a 

18 Gulf State’s seaward boundary in any period in 

19 which such fishing in the exclusive economic zone is 

20 not prohibited.’’. 

21 (b) STATE SURVEYS.—Section 407 of the Magnuson22 Stevens Fishery Conservation and Management Act (16 

23 U.S.C. 1883) is further amended by adding at the end 

24 the following: 

25 ‘‘(h) STATE SURVEYS.— 


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1 ‘‘(1) SUBMISSION.—A Gulf State that conducts 

2 a recreational fisheries survey in the Gulf of Mexico 

3 to make catch estimates for red snapper landed in 

4 such State may submit such survey to the Secretary 

5 for certification. 

6 ‘‘(2) CERTIFICATION.— 

7 ‘‘(A) IN GENERAL.—The Secretary shall 

8 make a certification or a denial of certification 

9 for any survey submitted under paragraph (1) 

10 not later than the end of the 6-month period 

11 beginning on the date the survey is submitted. 

12 ‘‘(B) DEEMED CERTIFIED.—A recreational 

13 fisheries survey is deemed to be certified effec14 tive upon the expiration of such period if the 

15 Secretary has not made a certification or denial 

16 of certification. 

17 ‘‘(3) MODIFICATION OF SURVEYS DENIED CER18 TIFICATION.— 

19 ‘‘(A) IN GENERAL.—If a survey of a Gulf 

20 State is denied certification under paragraph 

21 (2), the Secretary shall, not later than 60 days 

22 after the date of the denial, provide the Gulf 

23 State a proposal for modifications to the survey. 


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1 ‘‘(B) PROPOSAL.—A proposal provided to 

2 a Gulf State for a survey under subparagraph 

3 (A)— 

4 ‘‘(i) shall be specific to the survey 

5 submitted by such Gulf State and may not 

6 be construed to apply to any other Gulf 

7 State; 

8 ‘‘(ii) shall require revision to the few9 est possible provisions of the survey; and 

10 ‘‘(iii) may not unduly burden the abil11 ity of such Gulf State to revise the survey. 

12 ‘‘(C) MODIFIED SURVEY.— 

13 ‘‘(i) AUTHORITY TO SUBMIT.—If a 

14 survey of a Gulf State was denied certifi15 cation under paragraph (2), the Gulf State 

16 may modify the survey and submit the 

17 modified survey to the Secretary for certifi18 cation or denial of certification. 

19 ‘‘(ii) SCHEDULE.—The Secretary shall 

20 make a certification or denial of certifi21 cation for any modified survey not later 

22 than the end of the 30-day period begin23 ning on the date the modified survey is 

24 submitted. 


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1 ‘‘(iii) DEEMED CERTIFIED.—A modi2 fied survey is deemed to be certified effec3 tive upon the expiration of the period de4 scribed in clause (ii) if the Secretary has 

5 not made a certification or denial of certifi6 cation.’’. 

7 (c) REDUCTION OF BAROTRAUMA.—Section 407 of 

8 the Magnuson-Stevens Fishery Conservation and Manage9 ment Act (16 U.S.C. 1883) is further amended by adding 

10 at the end the following: 

11 ‘‘(i) REDUCTION OF BAROTRAUMA.—Each Gulf State 

12 shall develop and promote best practices for use in the 

13 red snapper fishery in the Gulf of Mexico to reduce 

14 barotrauma.’’. 

15 (d) CONSTRUCTION.—Section 407 of the Magnuson16 Stevens Fishery Conservation and Management Act (16 

17 U.S.C. 1883) is further amended by adding at the end 

18 the following: 

19 ‘‘(j) CONSTRUCTION.—Nothing in this section may be 

20 construed to alter— 

21 ‘‘(1) any commercial catch share program for 

22 Gulf of Mexico red snapper; 

23 ‘‘(2) any Federal program related to charter 

24 fishing; or 


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1 ‘‘(3) the fishing gear that may be used in the 

2 red snapper fishery in the Gulf of Mexico.’’. 

3 (e) DEFINITIONS.—Section 407 of the Magnuson4 Stevens Fishery Conservation and Management Act (16 

5 U.S.C. 1883), as amended by this section, is further 

6 amended by adding at the end the following: 

7 ‘‘(k) DEFINITIONS.—In this section: 

8 ‘‘(1) GULF STATE.—The term ‘Gulf State’ 

9 means each of the States of Texas, Louisiana, Mis10 sissippi, Alabama, or Florida. 

11 ‘‘(2) RED SNAPPER.—The term ‘red snapper’ 

12 means the species Lutjanus campechanus.’’. 

13 SEC. 4. SENSE OF CONGRESS. 

14 It is the sense of Congress that in order to supple15 ment State data collection efforts, Gulf States should con16 tinue modernizing fishery harvest data for red snapper 

17 through the development and implementation of voluntary 

18 electronic reporting applications for use by the private rec19 reational fishing sector to determine red snapper catch 

20 rates and effort in the Gulf of Mexico. 

Æ 


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