IB 

Union Calendar No. 664 

114TH CONGRESS 

2D SESSION H. R. 3094 

[Report No. 114–851] 

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 

DECEMBER 8, 2016 

Additional sponsors: Mr. TOM PRICE of Georgia, Ms. BORDALLO, Mr. COLLINS of Georgia, Mr. LOUDERMILK, Mr. ALLEN, Mr. GRAVES of Georgia, 

Mr. WESTERMAN, Mr. GOHMERT, Mr. FARENTHOLD, Mr. HINOJOSA, Mr. 

CARTER of Texas, Mr. ZINKE, Mrs. LUMMIS, Mr. MOONEY of West Virginia, Mr. DENHAM, Mr. CLAY, Mr. THOMPSON of Pennsylvania, Mr. 

LAHOOD, Mr. LABRADOR, Mr. GOSAR, and Mr. HARDY

Deleted sponsor: Mr. MICA (added October 21, 2015; deleted December 10, 

2015) 

DECEMBER 8, 2016 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on July 16, 2015] 


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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. 


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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 Snapper 

5 Management Authority Act’’. 

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

7 SNAPPER FISHERIES IN THE GULF OF MEX8 ICO. 

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

10 Conservation and Management Act (16 U.S.C. 1801 et seq.) 

11 is amended by adding at the end the following: 

12 ‘‘TITLE V—TRANSFER TO STATES 

13 OF MANAGEMENT OF RED 

14 SNAPPER FISHERIES IN THE 

15 GULF OF MEXICO 

16 ‘‘SEC. 501. DEFINITIONS. 

17 ‘‘In this title: 

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

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

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

21 the territorial sea of the United States is meas22 ured; and 

23 ‘‘(B) seaward from the baseline described in 

24 subparagraph (A) to the outer boundary of the 

25 exclusive economic zone. 


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

2 coastal State’ means each of the following States: 

3 ‘‘(A) Alabama. 

4 ‘‘(B) Florida. 

5 ‘‘(C) Louisiana. 

6 ‘‘(D) Mississippi. 

7 ‘‘(E) Texas. 

8 ‘‘(3) GULF OF MEXICO FISHERY MANAGEMENT

9 COUNCIL.—The term ‘Gulf of Mexico Fishery Manage10 ment Council’ means the Gulf of Mexico Fishery Man11 agement Council established under section 302(a). 

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

13 ‘Gulf of Mexico red snapper’ means members of stocks 

14 or populations of the species Lutjanus campechanus, 

15 which ordinarily are found within the waters of the 

16 exclusive economic zone and adjacent territorial 

17 waters of the Gulf of Mexico. 

18 ‘‘(5) GULF STATES RED SNAPPER MANAGEMENT

19 AUTHORITY.—The term ‘Gulf States Red Snapper 

20 Management Authority’ and ‘GSRSMA’, means the 

21 Gulf States Red Snapper Management Authority es22 tablished under section 502(a). 

23 ‘‘(6) RED SNAPPER FISHERY MANAGEMENT

24 PLAN.—The term ‘red snapper fishery management 

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


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1 coastal States to manage Gulf of Mexico red snapper 

2 in the coastal waters adjacent to such State or States, 

3 respectively. 

4 ‘‘(7) REEF FISH FEDERAL FISHERY MANAGE5 MENT PLAN.—The term ‘Reef Fish Federal fishery 

6 management plan’ means the Fishery Management 

7 Plan for the Reef Fish Resources of the Gulf of Mex8 ico, as amended, prepared by the Gulf of Mexico Fish9 ery Management Council pursuant to title III and 

10 implemented under part 622 of title 50, Code of Fed11 eral Regulations (or similar successor regulation). 

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

13 ‘State territorial waters’, with respect to a Gulf coast14 al State, means the waters adjacent to such State sea15 ward to the line three marine leagues seaward from 

16 the baseline from which of the territorial sea of the 

17 United States is measured. 

18 ‘‘SEC. 502. MANAGEMENT OF GULF OF MEXICO RED SNAP19 PER. 

20 ‘‘(a) GULF STATES RED SNAPPER MANAGEMENT AU21 THORITY.— 

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

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

24 title, the Secretary shall establish a Gulf States Red 

25 Snapper Management Authority that consists of the 


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1 principal fisheries manager of each of the Gulf coastal 

2 States. 

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

4 as follows: 

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

6 fishery management plans, as set out in the Act. 

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

8 coastal State to use in developing fishery man9 agement measures to sustainably manage Gulf of 

10 Mexico red snapper in the coastal waters adja11 cent to such State. 

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

13 make scientific data, stock assessments and other 

14 scientific information upon which fishery man15 agement plans are based available to the public 

16 for inspection prior to meetings described in 

17 paragraph (c)(2). 

18 ‘‘(b) REQUIREMENT FOR PLANS.— 

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

20 The GSRSMA shall establish a deadline for each Gulf 

21 coastal State to submit to the GSRSMA a red snap22 per fishery management plan for such State. 

23 ‘‘(2) CONSISTENCY WITH FEDERAL FISHERY

24 MANAGEMENT PLANS.—To the extent practicable, the 

25 Gulf Coastal States fishery management plans shall 


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1 be consistent with the requirements in section 303(a) 

2 of the Fishery Conservation and Management Act of 

3 1976 (16 U.S.C. 1853(a)). 

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

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

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

7 than 60 days after one or more Gulf coastal States 

8 submits a red snapper fishery management plan and 

9 annually thereafter, the GSRSMA shall review and 

10 approve by majority vote the red snapper fishery 

11 management plan if such plan meets the requirements 

12 of this title. 

13 ‘‘(2) PUBLIC PARTICIPATION.—Prior to approv14 ing a red snapper fishery management plan sub15 mitted by one or more Gulf coastal States, the 

16 GSRSMA shall provide an adequate opportunity for 

17 public participation, including— 

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

19 respective Gulf coastal State; and 

20 ‘‘(B) procedures for submitting written com21 ments to GSRSMA on the fishery management 

22 plan. 

23 ‘‘(3) PLAN REQUIREMENTS.—A red snapper fish24 ery management plan submitted by one or more Gulf 

25 coastal States shall— 


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1 ‘‘(A) contain standards and procedures for 

2 the long-term sustainability of Gulf of Mexico 

3 red snapper based on the best available science; 

4 ‘‘(B) comply with the standards described 

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

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

7 fishery in the coastal waters adjacent to such 

8 Gulf coastal State or States, respectively, based 

9 on stock assessments, and— 

10 ‘‘(i) any recommendation by the 

11 GSRSMA to reduce quota apportioned to 

12 the commercial sector by more than 10 per13 cent shall be reviewed and approved by the 

14 Gulf of Mexico Fishery Management Coun15 cil; 

16 ‘‘(ii) during the 3-year period begin17 ning on the date of enactment of this title 

18 and consistent with subsection (d), the 

19 GSRSMA shall not determine a quota ap20 portioned to the commercial sector; and 

21 ‘‘(iii) nothing in this Act shall be con22 strued to change the individual quota shares 

23 currently in place in the commercial sector 

24 of the Gulf of Mexico red snapper fishery. 


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1 ‘‘(4) REVIEW AND APPROVAL.—Not later than 60 

2 days after the date the GSRSMA receives a red snap3 per fishery management plan from one or more Gulf 

4 coastal State or States, the GSRSMA shall review 

5 and approve such plan if such plan satisfies the re6 quirements of subsection (b). 

7 ‘‘(d) CONTINUED MANAGEMENT BY THE SEC8 RETARY.—During the 3-year period beginning on the date 

9 of the enactment of this title, the Secretary, in coordination 

10 with the Gulf of Mexico Fishery Management Council, shall 

11 continue to manage the commercial sector of the Gulf of 

12 Mexico red snapper fishery. 

13 ‘‘(e) REPORTING REQUIREMENTS.— 

14 ‘‘(1) REPORTS BY GULF COASTAL STATES.—Each 

15 Gulf coastal State shall submit to the GSRSMA an 

16 annual report on the status of the Gulf of Mexico red 

17 snapper fishery in coastal waters adjacent to such 

18 State. 

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

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

21 information submitted in the annual reports required 

22 by paragraph (1) to prepare and submit to the Sec23 retary a report on the status of the Gulf of Mexico red 

24 snapper fishery. 


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

2 FISHERY MANAGEMENT PLANS. 

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

4 STATES.— 

5 ‘‘(1) CERTIFICATION OF APPROVED PLANS.—The 

6 GSRSMA shall certify to the Secretary that a red 

7 snapper fishery management plan is approved under 

8 section 502 for each of the Gulf coastal States. 

9 ‘‘(2) TRANSFER OF MANAGEMENT.—Upon receipt 

10 of the certification described in paragraph (1) and 

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

12 ‘‘(A) publish a notice in the Federal Reg13 ister revoking the regulations and portions of the 

14 Reef Fish Federal fishery management plan that 

15 are in conflict with any red snapper fishery 

16 management plan approved by the GSRSMA; 

17 and 

18 ‘‘(B) transfer management of Gulf of Mexico 

19 red snapper to the GSRSMA. 

20 ‘‘(b) IMPLEMENTATION.— 

21 ‘‘(1) IN GENERAL.—Upon the transfer of man22 agement described in subsection (a)(2)(B) and subject 

23 to section 502(d), each Gulf coastal State shall imple24 ment and enforce the red snapper fishery management 

25 plans approved under section 502 for the Gulf of MexVerDate Sep 11 2014 00:19 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H3094.RH H3094

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1 ico red snapper fishery in the coastal waters adjacent 

2 to each Gulf coastal State. 

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

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

5 made the transfer of management described in sub6 section (a)(2)(B) may not be accomplished and the 

7 Secretary shall remain responsible for management of 

8 the Gulf of Mexico red snapper. 

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

10 MANAGEMENT. 

11 ‘‘(a) IMPLEMENTATION AND ENFORCEMENT OF FISH12 ERY MANAGEMENT PLANS.—Not later than December 1 of 

13 the year following the transfer of management described in 

14 section 503(a)(2), and at any other time the GSRSMA con15 siders appropriate after that date, the GSRSMA shall deter16 mine if— 

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

18 and implemented the red snapper fishery manage19 ment plan approved under section 502 for such State; 

20 ‘‘(2) each such plan continues to be in compli21 ance with the standards for sustainability provided 

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

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

24 coastal State is satisfactory to maintain the long-term 


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1 sustainability and abundance of Gulf of Mexico red 

2 snapper. 

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

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

5 snapper in the coastal waters adjacent to a Gulf 

6 coastal State is experiencing overfishing or is subject 

7 to a rebuilding plan, such Gulf coastal State shall 

8 submit a certification to the GSRSMA showing that 

9 such State has implemented the necessary measures to 

10 end overfishing or rebuild the fishery. 

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

12 such time as determined by the GSRSMA, a Gulf 

13 coastal State that submitted a certification under 

14 paragraph (1) has not implemented the measures and 

15 requirements described in such paragraph, the 

16 GSRSMA shall vote on whether to notify the Sec17 retary of a recommendation of closure of the red 

18 snapper fishery in the waters adjacent to the State 

19 territorial waters of the Gulf coastal State. 

20 ‘‘(c) CLOSURE OF THE GULF OF MEXICO RED SNAP21 PER FISHERY.— 

22 ‘‘(1) CONDITIONS FOR CLOSURE.—Not later than 

23 60 days after the receipt of a notice under subsection 

24 (b)(2) for a Gulf coastal State, the Secretary may de25 clare a closure of the Gulf of Mexico red snapper fishVerDate Sep 11 2014 00:19 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H3094.RH H3094

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1 ery within the waters adjacent to the State territorial 

2 waters of the Gulf coastal State. 

3 ‘‘(2) CONSIDERATIONS.—Prior to making a dec4 laration under paragraph (2), the Secretary shall 

5 consider the comments of such Gulf coastal State and 

6 the GSRSMA. 

7 ‘‘(3) ACTIONS PROHIBITED DURING CLOSURE.— 

8 During a closure of the Gulf of Mexico red snapper 

9 fishery under paragraph (1), it is unlawful for any 

10 person— 

11 ‘‘(A) to engage in fishing for Gulf of Mexico 

12 red snapper within the waters adjacent to the 

13 State territorial waters of the Gulf coastal State 

14 covered by the closure; 

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

16 of Mexico red snapper in the area of the closure; 

17 or 

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

19 of Mexico red snapper caught in the area of the 

20 closure that are incidental to commercial harvest 

21 or in the recreational fisheries. 

22 ‘‘(4) CONSTRUCTION.—Nothing in this subsection 

23 shall be construed to allow the Secretary to close the 

24 red snapper fishery in the State territorial waters of 

25 a Gulf coastal State. 


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1 ‘‘SEC. 505. PROHIBITION ON FEDERAL FUNDING. 

2 ‘‘No Federal funds are authorized to be appropriated 

3 to or used for the GSRSMA or its members to carry out 

4 management actions of red snapper in the Gulf of Mexico. 

5 ‘‘SEC. 506. NO EFFECT ON MANAGEMENT OF SHRIMP FISH6 ERIES IN FEDERAL WATERS. 

7 ‘‘(a) BYCATCH REDUCTION DEVICES.—Nothing in this 

8 title may be construed to effect any requirement related to 

9 the use of Gulf of Mexico red snapper bycatch reduction de10 vices in the course of shrimp trawl fishing activity. 

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

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

13 the Federal management of commercial shrimp fisheries in 

14 the Gulf of Mexico, including any incidental catch of red 

15 snapper.’’. 

16 (b) CONFORMING AMENDMENTS.— 

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

18 the Magnuson-Stevens Fishery Conservation and 

19 Management Act (16 U.S.C. 1881(g)(3)(C)) is amend20 ed by striking ‘‘and’’ after the semicolon at the end 

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

22 clause (v) and inserting ‘‘; and’’, and by adding at 

23 the end the following: 

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

25 Gulf of Mexico, taking into consideration all 

26 data collection activities related to fishery 


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1 effort that are undertaken by the marine re2 sources division of each relevant State of the 

3 Gulf of Mexico Fishery Management Coun4 cil.’’. 

5 (2) GULF STATE TERRITORIAL WATERS.—Section 

6 306(b) of the Magnuson-Stevens Fishery Conservation 

7 and Management Act (16 U.S.C. 1856(b)) is amended 

8 by adding at the end the following: 

9 ‘‘(4) Notwithstanding section 3(11) and subsection (a) 

10 of this section, for purposes of carrying out activities pursu11 ant to the Fishery Management Plan for the Reef Fish Re12 sources of the Gulf of Mexico, the seaward boundary of a 

13 coastal State in the Gulf of Mexico is a line three marine 

14 leagues seaward from the baseline from which the territorial 

15 sea of the United States is measured.’’. 

16 (c) CLERICAL AMENDMENT.—The table of contents in 

17 the first section of such Act is amended by adding at the 

18 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. 

‘‘Sec. 505. Prohibition on Federal funding. 

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


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Union Calendar No. 664 

114TH CONGRESS 

2D SESSION H. R. 3094 

[Report No. 114–851] 

A BILL 

To amend the Magnuson-Stevens Fishery Conservathe Gulf of Mexico. the authority to manage red snapper fisheries in tion and Management Act to transfer to States 

DECEMBER 8, 2016 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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