S. 1161 — Introduced in Senate

II 113th CONGRESS 1st Session S. 1161 IN THE SENATE OF THE UNITED STATES June 13, 2013 Ms. Landrieu (for herself and Mr. Wicker) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide for the development of a fishery management plan for the Gulf of Mexico red snapper, and for other purposes. 1. Short title This Act may be cited as the Gulf of Mexico Red Snapper Conservation Act of 2013. 2. Definitions In this Act: (1) Coastal waters The term coastal waters means— (A) all waters, whether salt or fresh, of the Gulf coastal State shoreward of the baseline from which the territorial sea of the United States is measured; and (B) the waters of the Gulf coastal State seaward from the baseline referred to in subparagraph (A) to the inner boundary of the exclusive economic zone 200 mile limit. (2) Commission The term Commission means the Gulf States Marine Fisheries Commission. (3) Fishery management plan The term fishery management plan means a plan for the conservation and management of Gulf of Mexico red snapper prepared and adopted by the Commission pursuant to section 4. (4) Gulf coastal State The term Gulf coastal State means the following States bordering the Gulf of Mexico: (A) Alabama. (B) Florida. (C) Louisiana. (D) Mississippi. (E) Texas. (5) Gulf of Mexico red snapper The term Gulf of Mexico red snapper means members of stocks or populations of the species Lutjanis campechanus, which ordinarily are found seaward of the coastal waters. (6) Magnuson-Stevens Act The term Magnuson-Stevens Act means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). 3. Transfer of management of Gulf of Mexico red snapper (a) New fishery management plan from Commission The Commission shall submit to the Secretary of Commerce a fishery management plan for Gulf of Mexico red snapper adopted by the Commission pursuant to section 4. (b) Actions by Secretary of Commerce (1) Review and certification of plan The Secretary of Commerce shall— (A) review the plan submitted pursuant to subsection (a) to determine whether or not the plan— (i) includes fishery management measures that are compatible to the extent practicable with the national standards set forth in section 301 of the Magnuson-Stevens Act (16 U.S.C. 1851) and other applicable provisions of the Magnuson-Stevens Act; and (ii) will ensure the long-term conservation of Gulf of Mexico red snapper populations; and (B) certify whether or not the Commission has submitted a fishery management plan to properly conserve and manage Gulf of Mexico red snapper consistent with this Act. (2) Revocation of superseded plan Upon receipt of a certification by the Commission under section 4(b)(2) that all of the Gulf coastal States will have sufficient management measures under section 4(b)(1), the Secretary shall publish a notice in the Federal Register revoking those regulations and portions of the Federal fishery management plan for the Reef Fish Resources of the Gulf of Mexico that are in conflict with the fishery management plan for Gulf of Mexico red snapper, including the deletion of the species from the management unit. (c) State actions Upon certification by the Secretary under subsection (b)(1) that the fishery management plan will properly conserve and manage Gulf of Mexico red snapper consistent with this Act, the Gulf coastal States shall implement all appropriate measures to manage the Gulf of Mexico red snapper resource in the adjacent coastal waters in accordance with the fishery management plan. 4. Gulf of Mexico red snapper fishery management plan (a) Commission process (1) In general The Commission shall prepare and adopt a fishery management plan to provide for the conservation and management of Gulf of Mexico red snapper and specify the requirements necessary for Gulf coastal States to be in compliance with the plan. (2) Standards and procedures Not later than one year after the date of the enactment of this Act, the Commission shall establish standards and procedures for the preparation of the fishery management plan, including standards and procedures to ensure— (A) the long-term sustainability of Gulf of Mexico red snapper based on the available science; and (B) adequate opportunity for public participation in the preparation of the fishery management plan, including at least four public hearings and procedures for the submittal to the Commission of written comments on the fishery management plan. (3) Limitation on reduction in quotas (A) In general Except as provided in subparagraph (B), the fishery management plan may not reduce the overall quota of Gulf of Mexico red snapper apportioned to commercial fishing on the date of the enactment of this Act until the date that is 3 years after such date of enactment. Such plan may increase such a quota based on stock assessments. (B) Exception in case of a reduction in stock In the event of a reduction in the stock of Gulf of Mexico red snapper, the fishery management plan shall reduce the quota described in subparagraph (A) in a manner that ensures a sustainable harvest of Gulf of Mexico red snapper. (b) State implementation and enforcement (1) Submittal of management measures Each Gulf coastal State shall submit to the Commission management measures to ensure compliance with the conservation objectives of the fishery management plan. (2) Implementation Upon certification by the Commission that all Gulf coastal States have submitted sufficient management measures described in paragraph (1), the Commission shall certify to the Secretary of Commerce under section 3(b)(2) to revoke Federal management of Gulf of Mexico red snapper, and the Gulf coastal States shall manage the Gulf of Mexico red snapper in the adjacent coastal waters consistent with the fishery management plan. 5. Monitoring of implementation and enforcement of Gulf of Mexico red snapper fishery management plan by Gulf coastal States (a) Determination In December each year, and at any other time it considers appropriate, the Commission shall determine— (1) whether each Gulf coastal State has adopted all regulatory measures to fully implement the fishery management plan; and (2) whether the enforcement of the fishery management plan by each Gulf coastal State is satisfactory to maintain the long-term sustainability and abundance of Gulf of Mexico red snapper. (b) Satisfactory State enforcement For purposes of subsection (a)(2), enforcement by a Gulf coastal State shall not be considered satisfactory by the Commission if, in its view, such enforcement is being carried out in such a manner that the implementation of the fishery management plan within the coastal waters of the Gulf coastal State is being, or will likely be, substantially and adversely affected. (c) Notice to Secretary of Commerce of adverse determination The Commission shall immediately notify the Secretary of Commerce of each negative determination made with respect to a Gulf coastal State under subsection (a). 6. Gulf of Mexico red snapper fishery management review (a) Commission review and report on certification on certain State actions (1) Commission review of State certification Each Gulf coastal State that manages Gulf of Mexico red snapper shall submit to the Commission a certification as follows: (A) If Gulf of Mexico red snapper is undergoing overfishing or subject to a rebuilding plan, that such Gulf coastal State shall implement immediately the necessary measures to end overfishing and rebuild the fishery. (B) That such Gulf coastal State shall implement a program to provide for data collection adequate to monitor the harvest of Gulf of Mexico red snapper by such Gulf coastal State. (2) Report to Secretary Upon the review of each certification submitted to the Commission under paragraph (1), the Commission shall certify to the Secretary of Commerce whether or not the Gulf coastal State concerned is fully carrying out the matters covered by the certification. (b) Action by Secretary of Commerce Upon receipt by the Secretary of Commerce of a notice under section 5(c) or a report under subsection (a)(2) that a Gulf Coastal State is not fully complying with the matters specified in subsection (a)(1) as certified by that State pursuant to subsection (a)(1), the Secretary may declare a closure of the Gulf of Mexico red snapper fishery within the Federal waters adjacent to the Gulf coastal State. In making such a declaration the Secretary shall fully consider and review the comments of the Gulf coastal State and the Commission. (c) Actions prohibited during closure During a closure of the Gulf of Mexico red snapper fishery under subsection (b), it is unlawful for any person— (1) to engage in fishing for Gulf of Mexico red snapper within the Federal waters adjacent to the Gulf coastal State covered by the closure; (2) to land, or attempt to land, the Gulf of Mexico red snapper that is subject to the closure; or (3) to fail to return to the water the Gulf of Mexico red snapper to which the closure applies that are caught incidental to commercial harvest or in other recreational fisheries. 7. Improved studies and data collection for Gulf of Mexico red snapper (a) In general For the purposes of carrying out this Act, the Secretary of Commerce shall support the Gulf coastal States and the Commission in developing and implementing a comprehensive study on Gulf of Mexico Red Snapper. This study shall include, but shall not be limited to, the following: (1) Annual stock assessments of Gulf of Mexico red snapper. (2) The number of participants, both commercial and recreational, in the coastal waters of the Gulf coastal States that harvest Gulf of Mexico red snapper. (3) Recommendations for improved conservation and management of Gulf of Mexico red snapper. (b) Comprehensive economic analysis The Secretary of Commerce shall, in consultation with the Gulf coastal States and the Commission, conduct a comprehensive study and analysis of the economic impacts and benefits for the local, regional, and national economy of the Gulf of Mexico red snapper fishery. The study shall include the following: (1) A thorough analysis of the beneficial economic impacts of industries directly related to the Gulf of Mexico red snapper fishery, including, but not limited to, boat sales, marina activity, boat construction and repair, fishing gear and tackle sales, and other closely associated industries. (2) A proper economic analysis of the downstream economic impacts of the Gulf of Mexico red snapper fishery on the economies of the Gulf coastal States, including, but not limited to, hotels, restaurants, grocery stores, related tourism, and other peripheral businesses and industries. (c) Biennial reports The Secretary of Commerce shall submit to Congress, the Gulf coastal States, and the Commission on a biennial basis a report on the progress and findings of studies conducted under subsections (a) and (b), and shall make each report available to the public. Each report shall, to the extent practicable, include recommendations on additional actions to be taken to encourage the sustainable conservation and management of the Gulf of Mexico red snapper fishery.