I 
115TH CONGRESS 
1ST SESSION H. R. 3588 
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 HOUSE OF REPRESENTATIVES 
JULY 28, 2017 
Mr. GRAVES of Louisiana (for himself, Mr. RICHMOND, Mr. BYRNE, Mr. 
THOMPSON of Mississippi, Mr. WEBER of Texas, Mr. CLAY, Mr. 
PALAZZO, Mr. FARENTHOLD, Mr. AUSTIN SCOTT of Georgia, and Mr. 
HIGGINS of Louisiana) 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 provide for management of red snap-
per in the Gulf of Mexico, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Regionally Empowered 
Decision-making for Snapper, Noting the Angling Public 
and the Preservation of an Exceptional Resource Act’’ or 
the ‘‘RED SNAPPER Act’’. 
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SEC. 2. STATE EXCLUSIVE FISHERY MANAGEMENT AU-
THORITY 
OVER 
PRIVATE 
RECREATIONAL 
RED SNAPPER FISHING SEASONS IN THE 
GULF OF MEXICO. 
(a) IN GENERAL.—Section 407 of the Magnuson-Ste-
vens Fishery Conservation and Management Act (16 
U.S.C. 1883) is amended by striking subsection (d) and 
inserting the following: 
‘‘(d) CATCH LIMITS.—Any fishery management plan, 
plan amendment, or regulation for the red snapper fishery 
that is submitted by the Gulf of Mexico Fishery Manage-
ment Council after the date of the enactment of the RED 
SNAPPER Act shall contain conservation and manage-
ment measures that— 
‘‘(1) establish separate catch limits for each 
of— 
‘‘(A) private recreational fishing; 
‘‘(B) federally permitted charter fishing; 
and 
‘‘(C) commercial fishing; and 
‘‘(2) ensure that such catch limits reflect alloca-
tions among such sectors and do not reflect any har-
vests in excess of such allocations. 
‘‘(e) STATE EXCLUSIVE AUTHORITY OVER PRIVATE 
RECREATIONAL RED SNAPPER FISHING SEASONS IN THE 
GULF OF MEXICO.— 
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‘‘(ii) not further from shore than the 
25-fathom line described under subpara-
graph (B); and 
‘‘(iii) between the projected lines de-
termined for that State under section 
4(a)(2)(A) of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1333(a)(2)(A)). 
‘‘(B) DESCRIPTION OF LINE.— 
‘‘(i) IN GENERAL.—Not later than 60 
days after the date of the enactment of the 
RED SNAPPER Act and subject to clause 
(ii), the Secretary shall publish in the Fed-
eral Register and make available on the 
website of the Department of Commerce a 
description of, and map showing, a contin-
uous line in waters of the exclusive eco-
nomic zone in the Gulf of Mexico along the 
coasts of the Gulf States, that is comprised 
of points that are, on average, 25 fathoms 
in depth. 
‘‘(ii) MINIMUM DISTANCE.—No point 
on such continuous line shall be less than 
25 nautical miles from the shore. 
‘‘(iii) CONSULTATION WITH STATES.— 
In determining the placement of such con-
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tinuous line, the Secretary shall consult 
with appropriate agencies of each Gulf 
State. 
‘‘(3) CRITERIA.—In determining a fishing sea-
son under this subsection, a Gulf State shall— 
‘‘(A) to the extent practicable, ensure sus-
tainable and responsible fishery management 
consistent with the national standards for fish-
ery conservation and management in section 
301; and 
‘‘(B) include— 
‘‘(i) the most recent stock assessment 
for the red snapper in the Gulf of Mexico; 
‘‘(ii) surveys of red snapper in the 
Gulf of Mexico certified under subsection 
(g); 
‘‘(iii) data related to red snapper in 
the Gulf of Mexico collected by the Gulf 
States Marine Fisheries Commission, non-
governmental 
organizations, 
and 
non-
governmental sources, including fishermen, 
universities, and research institutions; 
‘‘(iv) consideration of the duration of 
the fishing seasons for red snapper within 
the State’s seaward boundary; 
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‘‘(v) estimates of private recreational 
fishing effort and catch rates both within 
the State’s seaward boundary and within 
the State’s extended red snapper manage-
ment zone under paragraph (2)(A); and 
‘‘(vi) relevant data from independent 
biological surveys, including State popu-
lation estimates of the biomass of red 
snapper within the State’s seaward bound-
ary and within the State’s extended red 
snapper management zone under para-
graph (2). 
‘‘(4) LIMITATION WITH RESPECT TO CHARTER 
FISHING.—The authority of a State under para-
graph (1) does not apply with respect to the timing 
or duration of the charter fishing season. 
‘‘(5) SECRETARIAL
ACTION
TO
ADDRESS
AD-
VERSE EFFECTS OF STATE ACTIONS.—For purposes 
of section 306(b)(1), the extended red snapper man-
agement zone of a State under this subsection shall 
be treated as within the boundaries of such State. 
‘‘(6) REPORT.—Not later than 150 days before 
the end of the 2024 fishing year and biannually 
thereafter, the Secretary shall submit a report to the 
Committee on Commerce, Science, and Transpor-
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tation of the Senate and the Committee on Natural 
Resources of the House of Representatives detailing 
the health of the red snapper fishery in the Gulf of 
Mexico. The report shall— 
‘‘(A) be based upon the boundaries pre-
scribed in paragraph (2); 
‘‘(B) describe the impact of the criteria 
listed under paragraph (3); and 
‘‘(C) include results of the NOAA Fish-
eries Southeast Region head boat surveys. 
‘‘(7) RELATIONSHIP TO OTHER FEDERAL AU-
THORITY
AND
REQUIREMENTS.—Nothing in this 
subsection affects the authority of the Secretary 
under any other provision of law— 
‘‘(A) to establish the acceptable biological 
catch and total allowable catch of red snapper 
in the Gulf of Mexico; or 
‘‘(B) to establish any limited access privi-
lege program for the commercial harvest of red 
snapper in the Gulf of Mexico. 
‘‘(8) RELATIONSHIP
TO
STATE
AUTHORITY 
OVER STATE WATERS.—Nothing in this subsection 
affects the authority of a Gulf State over the terri-
torial waters of such State and fishing in such 
waters.’’. 
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(b) CONFORMING AMENDMENTS.— 
(1) UNITED
STATES
SOVEREIGN
RIGHTS
TO 
FISH
AND
FISHERY
MANAGEMENT
AUTHORITY.— 
Section 101(a) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 
1811) is amended by striking ‘‘102,’’ and inserting 
‘‘102 and section 407(e),’’. 
(2) GULF COUNCIL.—Section 302(a)(1)(E) of 
the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1852(a)(1)(E)) is 
amended by striking ‘‘paragraph (3)).’’ and inserting 
‘‘paragraph (3) of this subsection and section 
407(e)).’’. 
(c) EXTENSION OF STATE SEAWARD BOUNDARY.— 
Section 407 of the Magnuson-Stevens Fishery Conserva-
tion and Management Act (16 U.S.C. 1883) is further 
amended by adding at the end the following: 
‘‘(f) STATE SEAWARD BOUNDARY.—Notwithstanding 
any other provision of law, for the purpose of management 
of red snapper fisheries in the Gulf of Mexico, the seaward 
boundary of a Gulf State is a line 9 nautical miles seaward 
from the baseline from which the territorial sea of the 
United States is measured.’’. 
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SEC. 3. FEDERAL GULF OF MEXICO RED SNAPPER MANAGE-
MENT. 
(a) ALLOCATIONS OF PERCENTAGE OF TOTAL AL-
LOWABLE CATCH AND SEASONS FOR OTHER SECTORS.— 
Section 407 of the Magnuson-Stevens Fishery Conserva-
tion and Management Act (16 U.S.C. 1883) is further 
amended by adding at the end the following: 
‘‘(g) ACCEPTABLE BIOLOGICAL CATCH, TOTAL AL-
LOWABLE CATCH, AND CERTIFIED STATE SURVEYS; AL-
LOCATION.— 
‘‘(1) INCLUSION
OF
CERTIFIED
STATE
SUR-
VEYS.—In establishing the acceptable biological 
catch and total allowable catch for red snapper in 
the Gulf of Mexico, the Secretary shall include— 
‘‘(A) Gulf State recreational fisheries sur-
veys that are certified under subsection (h); and 
‘‘(B) data related to red snapper in the 
Gulf of Mexico collected by the Gulf States Ma-
rine Fisheries Commission, nongovernmental 
organizations, 
and 
other 
nongovernmental 
sources, including universities and research in-
stitutions. 
‘‘(2) ALLOCATION AND DURATION OF COMMER-
CIAL AND FEDERALLY PERMITTED CHARTER SEA-
SON.—Beginning in fishing year 2018, the percent-
age of the total allowable catch of red snapper, and 
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the duration of the red snapper fishing season in the 
Gulf of Mexico— 
‘‘(A) for the commercial fishing sector 
shall be the same as such percentage and dura-
tion, respectively, that applied for the most re-
cent fishing year, unless amended by the Sec-
retary; and 
‘‘(B) for the federally permitted charter 
fishing sector may not be less than the alloca-
tion and duration that applied to such sector 
for the most recent fishing year, unless amend-
ed by the Secretary. 
‘‘(3) FISHING
BY
FEDERALLY
PERMITTED 
CHARTER
SECTOR
WITHIN
GULF
STATE
SEAWARD 
BOUNDARIES.—Nothing in this Act shall be con-
strued to authorize limiting fishing for red snapper 
by the federally permitted charter sector within a 
Gulf State’s seaward boundary in any period in 
which such fishing in the exclusive economic zone is 
not prohibited.’’. 
(b) STATE SURVEYS.—Section 407 of the Magnuson- 
Stevens Fishery Conservation and Management Act (16 
U.S.C. 1883) is further amended by adding at the end 
the following: 
‘‘(h) STATE SURVEYS.— 
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‘‘(1) SUBMISSION.—A Gulf State that conducts 
a recreational fisheries survey in the Gulf of Mexico 
to make catch estimates for red snapper landed in 
such State may submit such survey to the Secretary 
for certification. 
‘‘(2) CERTIFICATION.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
make a certification or a denial of certification 
for any survey submitted under paragraph (1) 
not later than the end of the 6-month period 
beginning on the date the survey is submitted. 
‘‘(B) DEEMED CERTIFIED.—A recreational 
fisheries survey is deemed to be certified effec-
tive upon the expiration of such period if the 
Secretary has not made a certification or denial 
of certification. 
‘‘(3) MODIFICATION OF SURVEYS DENIED CER-
TIFICATION.— 
‘‘(A) IN GENERAL.—If a survey of a Gulf 
State is denied certification under paragraph 
(2), the Secretary shall, not later than 60 days 
after the date of the denial, provide the Gulf 
State a proposal for modifications to the survey. 
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‘‘(B) PROPOSAL.—A proposal provided to 
a Gulf State for a survey under subparagraph 
(A)— 
‘‘(i) shall be specific to the survey 
submitted by such Gulf State and may not 
be construed to apply to any other Gulf 
State; 
‘‘(ii) shall require revision to the few-
est possible provisions of the survey; and 
‘‘(iii) may not unduly burden the abil-
ity of such Gulf State to revise the survey. 
‘‘(C) MODIFIED SURVEY.— 
‘‘(i) AUTHORITY
TO
SUBMIT.—If a 
survey of a Gulf State was denied certifi-
cation under paragraph (2), the Gulf State 
may modify the survey and submit the 
modified survey to the Secretary for certifi-
cation or denial of certification. 
‘‘(ii) SCHEDULE.—The Secretary shall 
make a certification or denial of certifi-
cation for any modified survey not later 
than the end of the 30-day period begin-
ning on the date the modified survey is 
submitted. 
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‘‘(iii) DEEMED CERTIFIED.—A modi-
fied survey is deemed to be certified effec-
tive upon the expiration of the period de-
scribed in clause (ii) if the Secretary has 
not made a certification or denial of certifi-
cation.’’. 
(c) REDUCTION OF BAROTRAUMA.—Section 407 of 
the Magnuson-Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1883) is further amended by adding 
at the end the following: 
‘‘(i) REDUCTION OF BAROTRAUMA.—Each Gulf State 
shall develop and promote best practices for use in the 
red snapper fishery in the Gulf of Mexico to reduce 
barotrauma.’’. 
(d) CONSTRUCTION.—Section 407 of the Magnuson- 
Stevens Fishery Conservation and Management Act (16 
U.S.C. 1883) is further amended by adding at the end 
the following: 
‘‘(j) CONSTRUCTION.—Nothing in this section may be 
construed to alter— 
‘‘(1) any commercial catch share program for 
Gulf of Mexico red snapper; 
‘‘(2) any Federal program related to charter 
fishing; or 
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‘‘(3) the fishing gear that may be used in the 
red snapper fishery in the Gulf of Mexico.’’. 
(e) DEFINITIONS.—Section 407 of the Magnuson- 
Stevens Fishery Conservation and Management Act (16 
U.S.C. 1883), as amended by this section, is further 
amended by adding at the end the following: 
‘‘(k) DEFINITIONS.—In this section: 
‘‘(1) GULF
STATE.—The term ‘Gulf State’ 
means each of the States of Texas, Louisiana, Mis-
sissippi, Alabama, or Florida. 
‘‘(2) RED SNAPPER.—The term ‘red snapper’ 
means the species Lutjanus campechanus.’’. 
SEC. 4. SENSE OF CONGRESS. 
It is the sense of Congress that in order to supple-
ment State data collection efforts, Gulf States should con-
tinue modernizing fishery harvest data for red snapper 
through the development and implementation of voluntary 
electronic reporting applications for use by the private rec-
reational fishing sector to determine red snapper catch 
rates and effort in the Gulf of Mexico. 
Æ 
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