I 

114TH CONGRESS 

1ST SESSION H. R. 3094 

To amend the Magnuson-Stevens Fishery Conservation and Management Act 

to transfer to States the authority to manage red snapper fisheries 

in the Gulf of Mexico. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 16, 2015 

Mr. GRAVES of Louisiana (for himself, Mr. MILLER of Florida, Mr. RICHMOND, Mr. AUSTIN SCOTT of Georgia, Mr. THOMPSON of Mississippi, Mr. 

BOUSTANY, Mr. ABRAHAM, Mr. PALAZZO, Mr. WITTMAN, Mr. OLSON, 

Mr. GENE GREEN of Texas, Mr. WESTMORELAND, Mr. DUNCAN of South 

Carolina, Mr. BENISHEK, Mr. JODY B. HICE of Georgia, Mr. LONG, Mr. 

BABIN, Mr. COOK, Mr. WALZ, Mr. LAMALFA, Mr. LATTA, and Mr. CARTER of Georgia) introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To amend the Magnuson-Stevens Fishery Conservation and 

Management Act to transfer to States the authority to 

manage red snapper fisheries in the Gulf of Mexico. 

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 States Red Snap5 per Management Authority Act’’. 


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1 SEC. 2. TRANSFER TO STATES OF MANAGEMENT OF RED 

2 SNAPPER FISHERIES IN THE GULF OF MEX3 ICO. 

4 (a) IN GENERAL.—The Magnuson-Stevens Fishery 

5 Conservation and Management Act (16 U.S.C. 1801 et 

6 seq.) is amended by adding at the end the following: 

7 ‘‘TITLE V—TRANSFER TO STATES 

8 OF MANAGEMENT OF RED 

9 SNAPPER FISHERIES IN THE 

10 GULF OF MEXICO 

11 ‘‘SEC. 501. DEFINITIONS. 

12 ‘‘In this title: 

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

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

15 ‘‘(A) shoreward of the baseline from which 

16 the territorial sea of the United States is meas17 ured; and 

18 ‘‘(B) seaward from the baseline described 

19 in subparagraph (A) to the outer boundary of 

20 the exclusive economic zone. 

21 ‘‘(2) GULF COASTAL STATE.—The term ‘Gulf 

22 coastal State’ means each of the following States: 

23 ‘‘(A) Alabama. 

24 ‘‘(B) Florida. 

25 ‘‘(C) Louisiana. 

26 ‘‘(D) Mississippi. 


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1 ‘‘(E) Texas. 

2 ‘‘(3) GULF OF MEXICO FISHERY MANAGEMENT

3 COUNCIL.—The term ‘Gulf of Mexico Fishery Man4 agement Council’ means the Gulf of Mexico Fishery 

5 Management Council established under section 

6 302(a). 

7 ‘‘(4) GULF OF MEXICO RED SNAPPER.—The 

8 term ‘Gulf of Mexico red snapper’ means members 

9 of stocks or populations of the species Lutjanus 

10 campechanus, which ordinarily are found within the 

11 waters of the exclusive economic zone and adjacent 

12 territorial waters of the Gulf of Mexico. 

13 ‘‘(5) GULF STATES RED SNAPPER MANAGE14 MENT AUTHORITY.—The term ‘Gulf States Red 

15 Snapper Management Authority’ and ‘GSRSMA’, 

16 means the Gulf States Red Snapper Management 

17 Authority established under section 502(a). 

18 ‘‘(6) RED SNAPPER FISHERY MANAGEMENT

19 PLAN.—The term ‘red snapper fishery management 

20 plan’ means a plan created by one or more Gulf 

21 coastal States to manage Gulf of Mexico red snapper 

22 in the coastal waters adjacent to such State or 

23 States, respectively. 

24 ‘‘(7) REEF FISH FEDERAL FISHERY MANAGE25 MENT PLAN.—The term ‘Reef Fish Federal fishery 


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1 management plan’ means the Fishery Management 

2 Plan for the Reef Fish Resources of the Gulf of 

3 Mexico, as amended, prepared by the Gulf of Mexico 

4 Fishery Management Council pursuant to title III 

5 and implemented under part 622 of title 50, Code 

6 of Federal Regulations (or similar successor regula7 tion). 

8 ‘‘(8) STATE TERRITORIAL WATERS.—The term 

9 ‘State territorial waters’, with respect to a Gulf 

10 coastal State, means the waters adjacent to such 

11 State seaward to the line three marine leagues sea12 ward from the baseline from which of the territorial 

13 sea of the United States is measured. 

14 ‘‘SEC. 502. MANAGEMENT OF GULF OF MEXICO RED SNAP15 PER. 

16 ‘‘(a) GULF STATES RED SNAPPER MANAGEMENT

17 AUTHORITY.— 

18 ‘‘(1) REQUIREMENT TO ESTABLISH.—Not later 

19 than 60 days after the date of the enactment of this 

20 title, the Secretary shall establish a Gulf States Red 

21 Snapper Management Authority that consists of the 

22 principal fisheries manager of each of the Gulf 

23 coastal States. 

24 ‘‘(2) DUTIES.—The duties of the GSRSMA are 

25 as follows: 


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1 ‘‘(A) To review and approve red snapper 

2 fishery management plans, as set out in the 

3 Act. 

4 ‘‘(B) To provide standards for each Gulf 

5 coastal State to use in developing fishery man6 agement measures to sustainably manage Gulf 

7 of Mexico red snapper in the coastal waters ad8 jacent to such State. 

9 ‘‘(C) To the maximum extent practicable, 

10 make scientific data, stock assessments and 

11 other scientific information upon which fishery 

12 management plans are based available to the 

13 public for inspection prior to meetings described 

14 in paragraph (c)(2). 

15 ‘‘(b) REQUIREMENT FOR PLANS.— 

16 ‘‘(1) DEADLINE FOR SUBMISSION OF PLANS.— 

17 The GSRSMA shall establish a deadline for each 

18 Gulf coastal State to submit to the GSRSMA a red 

19 snapper fishery management plan for such State. 

20 ‘‘(2) CONSISTENCY WITH FEDERAL FISHERY

21 MANAGEMENT PLANS.—To the extent practicable, 

22 the Gulf Coastal States fishery management plans 

23 shall be consistent with the requirements in section 

24 303(a) of the Fishery Conservation and Manage25 ment Act of 1976 (16 U.S.C. 1853(a)). 


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1 ‘‘(c) REVIEW AND APPROVAL OF PLANS.— 

2 ‘‘(1) IN GENERAL.—Not later than 1 year after 

3 the date of the enactment of this title and not more 

4 than 60 days after one or more Gulf coastal States 

5 submits a red snapper fishery management plan and 

6 annually thereafter, the GSRSMA shall review and 

7 approve by majority vote the red snapper fishery 

8 management plan if such plan meets the require9 ments of this title. 

10 ‘‘(2) PUBLIC PARTICIPATION.—Prior to approv11 ing a red snapper fishery management plan sub12 mitted by one or more Gulf coastal States, the 

13 GSRSMA shall provide an adequate opportunity for 

14 public participation, including— 

15 ‘‘(A) at least 1 public hearing held in each 

16 respective Gulf coastal State; and 

17 ‘‘(B) procedures for submitting written 

18 comments to GSRSMA on the fishery manage19 ment plan. 

20 ‘‘(3) PLAN REQUIREMENTS.—A red snapper 

21 fishery management plan submitted by one or more 

22 Gulf coastal States shall— 

23 ‘‘(A) contain standards and procedures for 

24 the long-term sustainability of Gulf of Mexico 

25 red snapper based on the best available science; 


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1 ‘‘(B) comply with the standards described 

2 in subsection (a)(2)(B); and 

3 ‘‘(C) determine quotas for the red snapper 

4 fishery in the coastal waters adjacent to such 

5 Gulf coastal State or States, respectively, based 

6 on stock assessments, and— 

7 ‘‘(i) any recommendation by the 

8 GSRSMA to reduce quota apportioned to 

9 the commercial sector by more than 10 

10 percent shall be reviewed and approved by 

11 the Gulf of Mexico Fishery Management 

12 Council; 

13 ‘‘(ii) during the 3-year period begin14 ning on the date of enactment of this title 

15 and consistent with subsection (d), the 

16 GSRSMA shall not determine a quota ap17 portioned to the commercial sector; and 

18 ‘‘(iii) nothing in this Act shall be con19 strued to change the individual quota 

20 shares currently in place in the commercial 

21 sector of the Gulf of Mexico red snapper 

22 fishery. 

23 ‘‘(4) REVIEW AND APPROVAL.—Not later than 

24 60 days after the date the GSRSMA receives a red 

25 snapper fishery management plan from one or more 


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1 Gulf coastal State or States, the GSRSMA shall re2 view and approve such plan if such plan satisfies the 

3 requirements of subsection (b). 

4 ‘‘(d) CONTINUED MANAGEMENT BY THE SEC5 RETARY.—During the 3-year period beginning on the date 

6 of the enactment of this title, the Secretary, in coordina7 tion with the Gulf of Mexico Fishery Management Council, 

8 shall continue to manage the commercial sector of the Gulf 

9 of Mexico red snapper fishery. 

10 ‘‘(e) REPORTING REQUIREMENTS.— 

11 ‘‘(1) REPORTS BY GULF COASTAL STATES.— 

12 Each Gulf coastal State shall submit to the 

13 GSRSMA an annual report on the status of the Gulf 

14 of Mexico red snapper fishery in coastal waters adja15 cent to such State. 

16 ‘‘(2) REPORT BY THE GSRSMA.—Not less often 

17 than once every 5 years, the GSRSMA shall use the 

18 information submitted in the annual reports re19 quired by paragraph (1) to prepare and submit to 

20 the Secretary a report on the status of the Gulf of 

21 Mexico red snapper fishery. 

22 ‘‘(3) ANNUAL REPORT BY NATIONAL OCEANIC

23 AND ATMOSPHERIC ADMINISTRATION.—The Admin24 istrator of the National Oceanic and Atmospheric 


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1 Administration shall submit to Congress an annual 

2 report on the implementation of this title. 

3 ‘‘SEC. 503. STATE IMPLEMENTATION OF THE RED SNAPPER 

4 FISHERY MANAGEMENT PLANS. 

5 ‘‘(a) ALLOCATION OF MANAGEMENT TO THE GULF

6 STATES.— 

7 ‘‘(1) CERTIFICATION OF APPROVED PLANS.— 

8 The GSRSMA shall certify to the Secretary that a 

9 red snapper fishery management plan is approved 

10 under section 502 for each of the Gulf coastal 

11 States. 

12 ‘‘(2) TRANSFER OF MANAGEMENT.—Upon re13 ceipt of the certification described in paragraph (1) 

14 and subject to section 502(d), the Secretary shall— 

15 ‘‘(A) publish a notice in the Federal Reg16 ister revoking the regulations and portions of 

17 the Reef Fish Federal fishery management plan 

18 that are in conflict with any red snapper fishery 

19 management plan approved by the GSRSMA; 

20 and 

21 ‘‘(B) transfer management of Gulf of Mex22 ico red snapper to the GSRSMA. 

23 ‘‘(b) IMPLEMENTATION.— 

24 ‘‘(1) IN GENERAL.—Upon the transfer of man25 agement described in subsection (a)(2)(B) and subVerDate Sep 11 2014 02:01 Jul 21, 2015 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3094.IH H3094

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1 ject to section 502(d), each Gulf coastal State shall 

2 implement and enforce the red snapper fishery man3 agement plans approved under section 502 for the 

4 Gulf of Mexico red snapper fishery in the coastal 

5 waters adjacent to each Gulf coastal State. 

6 ‘‘(2) FAILURE TO TRANSFER MANAGEMENT.—If 

7 the certification described in subsection (a)(1) is not 

8 made the transfer of management described in sub9 section (a)(2)(B) may not be accomplished and the 

10 Secretary shall remain responsible for management 

11 of the Gulf of Mexico red snapper. 

12 ‘‘SEC. 504. OVERSIGHT OF GULF OF MEXICO RED SNAPPER 

13 MANAGEMENT. 

14 ‘‘(a) IMPLEMENTATION AND ENFORCEMENT OF

15 FISHERY MANAGEMENT PLANS.—Not later than Decem16 ber 1 of the year following the transfer of management 

17 described in section 503(a)(2), and at any other time the 

18 GSRSMA considers appropriate after that date, the 

19 GSRSMA shall determine if— 

20 ‘‘(1) each Gulf coastal State has fully adopted 

21 and implemented the red snapper fishery manage22 ment plan approved under section 502 for such 

23 State; 


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1 ‘‘(2) each such plan continues to be in compli2 ance with the standards for sustainability provided 

3 by the GSRSMA pursuant to section 502(a)(2); and 

4 ‘‘(3) the enforcement of the plan by each Gulf 

5 coastal State is satisfactory to maintain the long6 term sustainability and abundance of Gulf of Mexico 

7 red snapper. 

8 ‘‘(b) OVERFISHING AND REBUILDING PLANS.— 

9 ‘‘(1) CERTIFICATION.—If the Gulf of Mexico 

10 red snapper in the coastal waters adjacent to a Gulf 

11 coastal State is experiencing overfishing or is subject 

12 to a rebuilding plan, such Gulf coastal State shall 

13 submit a certification to the GSRSMA showing that 

14 such State— 

15 ‘‘(A) has implemented the necessary meas16 ures to end overfishing or rebuild the fishery; 

17 and 

18 ‘‘(B) in consultation with the National 

19 Oceanic and Atmospheric Administration, has 

20 implemented a program to provide for data col21 lection adequate to monitor the harvest of Gulf 

22 of Mexico red snapper by such State. 

23 ‘‘(2) NOTIFICATION TO SECRETARY.—If, after 

24 such time as determined by the GSRSMA, a Gulf 

25 coastal State that submitted a certification under 


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1 paragraph (1) has not implemented the measures 

2 and requirements described in subparagraphs (A) 

3 and (B) of such paragraph, the GSRSMA shall vote 

4 on whether to notify the Secretary of a recommenda5 tion of closure of the red snapper fishery in the 

6 waters adjacent to the State territorial waters of the 

7 Gulf coastal State. 

8 ‘‘(c) CLOSURE OF THE GULF OF MEXICO RED SNAP9 PER FISHERY.— 

10 ‘‘(1) CONDITIONS FOR CLOSURE.—Not later 

11 than 60 days after the receipt of a notice under sub12 section (b)(2) for a Gulf coastal State, the Secretary 

13 may declare a closure of the Gulf of Mexico red 

14 snapper fishery within the waters adjacent to the 

15 State territorial waters of the Gulf coastal State. 

16 ‘‘(2) CONSIDERATIONS.—Prior to making a 

17 declaration under paragraph (2), the Secretary shall 

18 consider the comments of such Gulf coastal State 

19 and the GSRSMA. 

20 ‘‘(3) ACTIONS PROHIBITED DURING CLO21 SURE.—During a closure of the Gulf of Mexico red 

22 snapper fishery under paragraph (1), it is unlawful 

23 for any person— 

24 ‘‘(A) to engage in fishing for Gulf of Mex25 ico red snapper within the waters adjacent to 


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1 the State territorial waters of the Gulf coastal 

2 State covered by the closure; 

3 ‘‘(B) to land, or attempt to land, the Gulf 

4 of Mexico red snapper in the area of the clo5 sure; or 

6 ‘‘(C) to fail to return to the water any Gulf 

7 of Mexico red snapper caught in the area of the 

8 closure that are incidental to commercial har9 vest or in the recreational fisheries. 

10 ‘‘(4) CONSTRUCTION.—Nothing in this sub11 section shall be construed to allow the Secretary to 

12 close the red snapper fishery in the State territorial 

13 waters of a Gulf coastal State. 

14 ‘‘SEC. 505. GULF STATES MARINE FISHERIES COMMISSION. 

15 ‘‘(a) FUNDING TO THE GULF STATES MARINE FISH16 ERIES COMMISSION.—The Secretary shall provide all Fed17 eral funding to the Gulf States Marine Fisheries Commis18 sion for all necessary stock assessments, research, and 

19 management for the red snapper fishery. 

20 ‘‘(b) FUNDING TO THE GULF COASTAL STATES.— 

21 The Gulf States Marine Fisheries Commission shall be re22 sponsible for administering the Federal funds referred to 

23 in paragraph (1) to each of the Gulf coastal States for 

24 proper management of the red snapper fishery. 


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1 ‘‘(c) NO ADDITIONAL APPROPRIATIONS AUTHOR2 IZED.—Nothing in this section may be construed to in3 crease the amount of Federal funds authorized to be ap4 propriated for Gulf of Mexico red snapper fishery manage5 ment. 

6 ‘‘SEC. 506. NO EFFECT ON MANAGEMENT OF SHRIMP FISH7 ERIES IN FEDERAL WATERS. 

8 ‘‘(a) BYCATCH REDUCTION DEVICES.—Nothing in 

9 this title may be construed to effect any requirement re10 lated to the use of Gulf of Mexico red snapper bycatch 

11 reduction devices in the course of shrimp trawl fishing ac12 tivity. 

13 ‘‘(b) BYCATCH OF RED SNAPPER.—Nothing in this 

14 title shall be construed to apply to or affect in any manner 

15 the Federal management of commercial shrimp fisheries 

16 in the Gulf of Mexico, including any incidental catch of 

17 red snapper’’. 

18 (b) CONFORMING AMENDMENTS.— 

19 (1) DATA COLLECTION.—Section 401(g)(3)(C) 

20 of the Magnuson-Stevens Fishery Conservation and 

21 Management Act (16 U.S.C. 1881(g)(3)(G)) is 

22 amended by striking ‘‘and’’ after the semicolon at 

23 the end of clause (iv), by striking the period at the 

24 end of clause (v) and inserting ‘‘; and’’, and by add25 ing at the end the following: 


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1 ‘‘(vi) in the case of each fishery in the 

2 Gulf of Mexico, taking into consideration 

3 all data collection activities related to fish4 ery effort that are undertaken by the ma5 rine resources division of each relevant 

6 State of the Gulf of Mexico Fishery Man7 agement Council.’’. 

8 (2) GULF STATE TERRITORIAL WATERS.—Sec9 tion 306(b) of the Magnuson-Stevens Fishery Con10 servation and Management Act (16 U.S.C. 1856(b)) 

11 is amended by adding at the end the following: 

12 ‘‘(4) Notwithstanding section 3(11) and sub13 section (a) of this section, for purposes of managing 

14 fisheries in the Gulf of Mexico, the seaward bound15 ary of a coastal State in the Gulf of Mexico is a line 

16 three marine leagues seaward from the baseline from 

17 which the territorial sea of the United States is 

18 measured.’’. 

19 (c) CLERICAL AMENDMENT.—The table of contents 

20 in the first section of such Act is amended by adding at 

21 the end the following: 

‘‘TITLE V—TRANSFER TO STATES OF MANAGEMENT OF RED 

SNAPPER FISHERIES IN THE GULF OF MEXICO 

‘‘Sec. 501. Definitions. 

‘‘Sec. 502. Management of Gulf of Mexico red snapper. 

‘‘Sec. 503. State implementation of the red snapper fishery management plans. 

‘‘Sec. 504. Oversight of Gulf of Mexico red snapper management. 


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‘‘Sec. 505. Gulf States Marine Fisheries Commission. 

‘‘Sec. 506. No effect on management of shrimp fisheries in Federal waters.’’. 

Æ 


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