coastal States to manage Gulf of Mexico red snapper 
in the coastal waters adjacent to such State or States, 
respectively. 
‘‘(7) REEF
FISH
FEDERAL
FISHERY
MANAGE-
MENT
PLAN.—The term ‘Reef Fish Federal fishery 
management plan’ means the Fishery Management 
Plan for the Reef Fish Resources of the Gulf of Mex-
ico, as amended, prepared by the Gulf of Mexico Fish-
ery Management Council pursuant to title III and 
implemented under part 622 of title 50, Code of Fed-
eral Regulations (or similar successor regulation). 
‘‘(8) STATE
TERRITORIAL
WATERS.—The term 
‘State territorial waters’, with respect to a Gulf coast-
al State, means the waters adjacent to such State sea-
ward to the line three marine leagues seaward from 
the baseline from which of the territorial sea of the 
United States is measured. 
‘‘SEC. 502. MANAGEMENT OF GULF OF MEXICO RED SNAP-
PER. 
‘‘(a) GULF STATES RED SNAPPER MANAGEMENT AU-
THORITY.— 
‘‘(1) REQUIREMENT TO ESTABLISH.—Not later 
than 60 days after the date of the enactment of this 
title, the Secretary shall establish a Gulf States Red 
Snapper Management Authority that consists of the 
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principal fisheries manager of each of the Gulf coastal 
States. 
‘‘(2) DUTIES.—The duties of the GSRSMA are 
as follows: 
‘‘(A) To review and approve red snapper 
fishery management plans, as set out in the Act. 
‘‘(B) To provide standards for each Gulf 
coastal State to use in developing fishery man-
agement measures to sustainably manage Gulf of 
Mexico red snapper in the coastal waters adja-
cent to such State. 
‘‘(C) To the maximum extent practicable, 
make scientific data, stock assessments and other 
scientific information upon which fishery man-
agement plans are based available to the public 
for inspection prior to meetings described in 
paragraph (c)(2). 
‘‘(b) REQUIREMENT FOR PLANS.— 
‘‘(1) DEADLINE FOR SUBMISSION OF PLANS.— 
The GSRSMA shall establish a deadline for each Gulf 
coastal State to submit to the GSRSMA a red snap-
per fishery management plan for such State. 
‘‘(2) CONSISTENCY
WITH
FEDERAL
FISHERY 
MANAGEMENT PLANS.—To the extent practicable, the 
Gulf Coastal States fishery management plans shall 
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be consistent with the requirements in section 303(a) 
of the Fishery Conservation and Management Act of 
1976 (16 U.S.C. 1853(a)). 
‘‘(c) REVIEW AND APPROVAL OF PLANS.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this title and not more 
than 60 days after one or more Gulf coastal States 
submits a red snapper fishery management plan and 
annually thereafter, the GSRSMA shall review and 
approve by majority vote the red snapper fishery 
management plan if such plan meets the requirements 
of this title. 
‘‘(2) PUBLIC PARTICIPATION.—Prior to approv-
ing a red snapper fishery management plan sub-
mitted by one or more Gulf coastal States, the 
GSRSMA shall provide an adequate opportunity for 
public participation, including— 
‘‘(A) at least 1 public hearing held in each 
respective Gulf coastal State; and 
‘‘(B) procedures for submitting written com-
ments to GSRSMA on the fishery management 
plan. 
‘‘(3) PLAN REQUIREMENTS.—A red snapper fish-
ery management plan submitted by one or more Gulf 
coastal States shall— 
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‘‘(A) contain standards and procedures for 
the long-term sustainability of Gulf of Mexico 
red snapper based on the best available science; 
‘‘(B) comply with the standards described 
in subsection (a)(2)(B); and 
‘‘(C) determine quotas for the red snapper 
fishery in the coastal waters adjacent to such 
Gulf coastal State or States, respectively, based 
on stock assessments, and— 
‘‘(i) 
any 
recommendation 
by 
the 
GSRSMA to reduce quota apportioned to 
the commercial sector by more than 10 per-
cent shall be reviewed and approved by the 
Gulf of Mexico Fishery Management Coun-
cil; 
‘‘(ii) during the 3-year period begin-
ning on the date of enactment of this title 
and consistent with subsection (d), the 
GSRSMA shall not determine a quota ap-
portioned to the commercial sector; and 
‘‘(iii) nothing in this Act shall be con-
strued to change the individual quota shares 
currently in place in the commercial sector 
of the Gulf of Mexico red snapper fishery. 
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‘‘(4) REVIEW AND APPROVAL.—Not later than 60 
days after the date the GSRSMA receives a red snap-
per fishery management plan from one or more Gulf 
coastal State or States, the GSRSMA shall review 
and approve such plan if such plan satisfies the re-
quirements of subsection (b). 
‘‘(d) 
CONTINUED
MANAGEMENT
BY
THE
SEC-
RETARY.—During the 3-year period beginning on the date 
of the enactment of this title, the Secretary, in coordination 
with the Gulf of Mexico Fishery Management Council, shall 
continue to manage the commercial sector of the Gulf of 
Mexico red snapper fishery. 
‘‘(e) REPORTING REQUIREMENTS.— 
‘‘(1) REPORTS BY GULF COASTAL STATES.—Each 
Gulf coastal State shall submit to the GSRSMA an 
annual report on the status of the Gulf of Mexico red 
snapper fishery in coastal waters adjacent to such 
State. 
‘‘(2) REPORT BY THE GSRSMA.—Not less often 
than once every 5 years, the GSRSMA shall use the 
information submitted in the annual reports required 
by paragraph (1) to prepare and submit to the Sec-
retary a report on the status of the Gulf of Mexico red 
snapper fishery. 
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‘‘SEC. 503. STATE IMPLEMENTATION OF THE RED SNAPPER 
FISHERY MANAGEMENT PLANS. 
‘‘(a) ALLOCATION OF MANAGEMENT TO THE GULF 
STATES.— 
‘‘(1) CERTIFICATION OF APPROVED PLANS.—The 
GSRSMA shall certify to the Secretary that a red 
snapper fishery management plan is approved under 
section 502 for each of the Gulf coastal States. 
‘‘(2) TRANSFER OF MANAGEMENT.—Upon receipt 
of the certification described in paragraph (1) and 
subject to section 502(d), the Secretary shall— 
‘‘(A) publish a notice in the Federal Reg-
ister revoking the regulations and portions of the 
Reef Fish Federal fishery management plan that 
are in conflict with any red snapper fishery 
management plan approved by the GSRSMA; 
and 
‘‘(B) transfer management of Gulf of Mexico 
red snapper to the GSRSMA. 
‘‘(b) IMPLEMENTATION.— 
‘‘(1) IN GENERAL.—Upon the transfer of man-
agement described in subsection (a)(2)(B) and subject 
to section 502(d), each Gulf coastal State shall imple-
ment and enforce the red snapper fishery management 
plans approved under section 502 for the Gulf of Mex-
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ico red snapper fishery in the coastal waters adjacent 
to each Gulf coastal State. 
‘‘(2) FAILURE TO TRANSFER MANAGEMENT.—If 
the certification described in subsection (a)(1) is not 
made the transfer of management described in sub-
section (a)(2)(B) may not be accomplished and the 
Secretary shall remain responsible for management of 
the Gulf of Mexico red snapper. 
‘‘SEC. 504. OVERSIGHT OF GULF OF MEXICO RED SNAPPER 
MANAGEMENT. 
‘‘(a) IMPLEMENTATION AND ENFORCEMENT OF FISH-
ERY MANAGEMENT PLANS.—Not later than December 1 of 
the year following the transfer of management described in 
section 503(a)(2), and at any other time the GSRSMA con-
siders appropriate after that date, the GSRSMA shall deter-
mine if— 
‘‘(1) each Gulf coastal State has fully adopted 
and implemented the red snapper fishery manage-
ment plan approved under section 502 for such State; 
‘‘(2) each such plan continues to be in compli-
ance with the standards for sustainability provided 
by the GSRSMA pursuant to section 502(a)(2); and 
‘‘(3) the enforcement of the plan by each Gulf 
coastal State is satisfactory to maintain the long-term 
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sustainability and abundance of Gulf of Mexico red 
snapper. 
‘‘(b) OVERFISHING AND REBUILDING PLANS.— 
‘‘(1) CERTIFICATION.—If the Gulf of Mexico red 
snapper in the coastal waters adjacent to a Gulf 
coastal State is experiencing overfishing or is subject 
to a rebuilding plan, such Gulf coastal State shall 
submit a certification to the GSRSMA showing that 
such State has implemented the necessary measures to 
end overfishing or rebuild the fishery. 
‘‘(2) NOTIFICATION
TO
SECRETARY.—If, after 
such time as determined by the GSRSMA, a Gulf 
coastal State that submitted a certification under 
paragraph (1) has not implemented the measures and 
requirements described in such paragraph, the 
GSRSMA shall vote on whether to notify the Sec-
retary of a recommendation of closure of the red 
snapper fishery in the waters adjacent to the State 
territorial waters of the Gulf coastal State. 
‘‘(c) CLOSURE OF THE GULF OF MEXICO RED SNAP-
PER FISHERY.— 
‘‘(1) CONDITIONS FOR CLOSURE.—Not later than 
60 days after the receipt of a notice under subsection 
(b)(2) for a Gulf coastal State, the Secretary may de-
clare a closure of the Gulf of Mexico red snapper fish-
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ery within the waters adjacent to the State territorial 
waters of the Gulf coastal State. 
‘‘(2) CONSIDERATIONS.—Prior to making a dec-
laration under paragraph (2), the Secretary shall 
consider the comments of such Gulf coastal State and 
the GSRSMA. 
‘‘(3) ACTIONS PROHIBITED DURING CLOSURE.— 
During a closure of the Gulf of Mexico red snapper 
fishery under paragraph (1), it is unlawful for any 
person— 
‘‘(A) to engage in fishing for Gulf of Mexico 
red snapper within the waters adjacent to the 
State territorial waters of the Gulf coastal State 
covered by the closure; 
‘‘(B) to land, or attempt to land, the Gulf 
of Mexico red snapper in the area of the closure; 
or 
‘‘(C) to fail to return to the water any Gulf 
of Mexico red snapper caught in the area of the 
closure that are incidental to commercial harvest 
or in the recreational fisheries. 
‘‘(4) CONSTRUCTION.—Nothing in this subsection 
shall be construed to allow the Secretary to close the 
red snapper fishery in the State territorial waters of 
a Gulf coastal State. 
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‘‘SEC. 505. PROHIBITION ON FEDERAL FUNDING. 
‘‘No Federal funds are authorized to be appropriated 
to or used for the GSRSMA or its members to carry out 
management actions of red snapper in the Gulf of Mexico. 
‘‘SEC. 506. NO EFFECT ON MANAGEMENT OF SHRIMP FISH-
ERIES IN FEDERAL WATERS. 
‘‘(a) BYCATCH REDUCTION DEVICES.—Nothing in this 
title may be construed to effect any requirement related to 
the use of Gulf of Mexico red snapper bycatch reduction de-
vices in the course of shrimp trawl fishing activity. 
‘‘(b) BYCATCH OF RED SNAPPER.—Nothing in this 
title shall be construed to apply to or affect in any manner 
the Federal management of commercial shrimp fisheries in 
the Gulf of Mexico, including any incidental catch of red 
snapper.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) DATA COLLECTION.—Section 401(g)(3)(C) of 
the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1881(g)(3)(C)) is amend-
ed by striking ‘‘and’’ after the semicolon at the end 
of clause (iv), by striking the period at the end of 
clause (v) and inserting ‘‘; and’’, and by adding at 
the end the following: 
‘‘(vi) in the case of each fishery in the 
Gulf of Mexico, taking into consideration all 
data collection activities related to fishery 
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effort that are undertaken by the marine re-
sources division of each relevant State of the 
Gulf of Mexico Fishery Management Coun-
cil.’’. 
(2) GULF STATE TERRITORIAL WATERS.—Section 
306(b) of the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1856(b)) is amended 
by adding at the end the following: 
‘‘(4) Notwithstanding section 3(11) and subsection (a) 
of this section, for purposes of carrying out activities pursu-
ant to the Fishery Management Plan for the Reef Fish Re-
sources of the Gulf of Mexico, the seaward boundary of a 
coastal State in the Gulf of Mexico is a line three marine 
leagues seaward from the baseline from which the territorial 
sea of the United States is measured.’’. 
(c) CLERICAL AMENDMENT.—The table of contents in 
the first section of such Act is amended by adding at 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. 
‘‘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 Conserva-
tion and Management Act to transfer to States 
the authority to manage red snapper fisheries in 
the Gulf of Mexico. 
DECEMBER 8, 2016 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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