,,ii #aacth ,,congress #ast ,session ,s4 #aafa ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ac1 #bjac ,ms4 ,landrieu 7for herself and ,mr4 ,wicker7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to provide for the development of a fishery management plan for the ,gulf of ,mexico red snapper1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,gulf of ,mexico ,red ,snapper ,conservation ,act of #bjac4 #b4 ,definitions ,in this ,act3 7#a7 ,coastal waters ,the term coastal waters means-- 7,a7 all waters1 whether salt or fresh1 of the ,gulf coastal ,state shoreward of the baseline from which the territorial sea of the ,united ,states is measured2 and 7,b7 the waters of the ,gulf coastal ,state seaward from the baseline referred to in subparagraph 7,a7 to the inner boundary of the exclusive economic zone #bjj mile limit4 7#b7 ,commission ,the term ,commission means the ,gulf ,states ,marine ,fisheries ,commission4 7#c7 ,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 #d4 7#d7 ,gulf coastal ,state ,the term ,gulf coastal ,state means the following ,states bordering the ,gulf of ,mexico3 7,a7 ,alabama4 7,b7 ,florida4 7,c7 ,louisiana4 7,d7 ,mississippi4 7,e7 ,texas4 7#e7 ,gulf of ,mexico red snapper ,the term ,gulf of ,mexico red snapper means members of stocks or populations of the species ,lutjanis campechanus1 which ordinarily are found seaward of the coastal waters4 7#f7 ,magnuson-,stevens ,act ,the term ,magnuson-,stevens ,act means the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq474 #c4 ,transfer of management of ,gulf of ,mexico red snapper 7a7 ,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 #d4 7b7 ,actions by ,secretary of ,commerce 7#a7 ,review and certification of plan ,the ,secretary of ,commerce shall-- 7,a7 review the plan submitted pursuant to subsection 7a7 to determine whether or not the plan-- 7i7 includes fishery management measures that are compatible to the extent practicable with the national standards set forth in section #cja of the ,magnuson-,stevens ,act 7#af ,u4,s4,c4 #ahea7 and other applicable provisions of the ,magnuson-,stevens ,act2 and 7ii7 will ensure the long-term conservation of ,gulf of ,mexico red snapper populations2 and 7,b7 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 ,act4 7#b7 ,revocation of superseded plan ,upon receipt of a certification by the ,commission under section #d7;b77#b7 that all of the ,gulf coastal ,states will have sufficient management measures under section #d7;b77#a71 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 snapper1 including the deletion of the species from the management unit4 7c7 ,state actions ,upon certification by the ,secretary under subsection 7b77#a7 that the fishery management plan will properly conserve and manage ,gulf of ,mexico red snapper consistent with this ,act1 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 plan4 #d4 ,gulf of ,mexico red snapper fishery management plan 7a7 ,commission process 7#a7 ,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 plan4 7#b7 ,standards and procedures ,not later than one year after the date of the enactment of this ,act1 the ,commission shall establish standards and procedures for the preparation of the fishery management plan1 including standards and procedures to ensure-- 7,a7 the long-term sustainability of ,gulf of ,mexico red snapper based on the available science2 and 7,b7 adequate opportunity for public participation in the preparation of the fishery management plan1 including at least four public hearings and procedures for the submittal to the ,commission of written comments on the fishery management plan4 7#c7 ,limitation on reduction in quotas 7,a7 ,in general ,except as provided in subparagraph 7,b71 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 #c years after such date of enactment4 ,such plan may increase such a quota based on stock assessments4 7,b7 ,exception in case of a reduction in stock ,in the event of a reduction in the stock of ,gulf of ,mexico red snapper1 the fishery management plan shall reduce the quota described in subparagraph 7,a7 in a manner that ensures a sustainable harvest of ,gulf of ,mexico red snapper4 7b7 ,state implementation and enforcement 7#a7 ,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 plan4 7#b7 ,implementation ,upon certification by the ,commission that all ,gulf coastal ,states have submitted sufficient management measures described in paragraph 7#a71 the ,commission shall certify to the ,secretary of ,commerce under section #c7;b77#b7 to revoke ,federal management of ,gulf of ,mexico red snapper1 and the ,gulf coastal ,states shall manage the ,gulf of ,mexico red snapper in the adjacent coastal waters consistent with the fishery management plan4 #e4 ,monitoring of implementation and enforcement of ,gulf of ,mexico red snapper fishery management plan by ,gulf coastal ,states 7a7 ,determination ,in ,december each year1 and at any other time it considers appropriate1 the ,commission shall determine-- 7#a7 whether each ,gulf coastal ,state has adopted all regulatory measures to fully implement the fishery management plan2 and 7#b7 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 snapper4 7b7 ,satisfactory ,state enforcement ,for purposes of subsection 7a77#b71 enforcement by a ,gulf coastal ,state shall not be considered satisfactory by the ,commission if1 in its view1 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 being1 or will likely be1 substantially and adversely affected4 7c7 ,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 7a74 #f4 ,gulf of ,mexico red snapper fishery management review 7a7 ,commission review and report on certification on certain ,state actions 7#a7 ,commission review of ,state certification ,each ,gulf coastal ,state that manages ,gulf of ,mexico red snapper shall submit to the ,commission a certification as follows3 7,a7 ,if ,gulf of ,mexico red snapper is undergoing overfishing or subject to a rebuilding plan1 that such ,gulf coastal ,state shall implement immediately the necessary measures to end overfishing and rebuild the fishery4 7,b7 ,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 ,state4 7#b7 ,report to ,secretary ,upon the review of each certification submitted to the ,commission under paragraph 7#a71 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 certification4 7b7 ,action by ,secretary of ,commerce ,upon receipt by the ,secretary of ,commerce of a notice under section #e7;c7 or a report under subsection 7a77#b7 that a ,gulf ,coastal ,state is not fully complying with the matters specified in subsection 7a77#a7 as certified by that ,state pursuant to subsection 7a77#a71 the ,secretary may declare a closure of the ,gulf of ,mexico red snapper fishery within the ,federal waters adjacent to the ,gulf coastal ,state4 ,in making such a declaration the ,secretary shall fully consider and review the comments of the ,gulf coastal ,state and the ,commission4 7c7 ,actions prohibited during closure ,during a closure of the ,gulf of ,mexico red snapper fishery under subsection 7b71 it is unlawful for any person-- 7#a7 to engage in fishing for ,gulf of ,mexico red snapper within the ,federal waters adjacent to the ,gulf coastal ,state covered by the closure2 7#b7 to land1 or attempt to land1 the ,gulf of ,mexico red snapper that is subject to the closure2 or 7#c7 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 fisheries4 #g4 ,improved studies and data collection for ,gulf of ,mexico red snapper 7a7 ,in general ,for the purposes of carrying out this ,act1 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 ,snapper4 ,this study shall include1 but shall not be limited to1 the following3 7#a7 ,annual stock assessments of ,gulf of ,mexico red snapper4 7#b7 ,the number of participants1 both commercial and recreational1 in the coastal waters of the ,gulf coastal ,states that harvest ,gulf of ,mexico red snapper4 7#c7 ,recommendations for improved conservation and management of ,gulf of ,mexico red snapper4 7b7 ,comprehensive economic analysis ,the ,secretary of ,commerce shall1 in consultation with the ,gulf coastal ,states and the ,commission1 conduct a comprehensive study and analysis of the economic impacts and benefits for the local1 regional1 and national economy of the ,gulf of ,mexico red snapper fishery4 ,the study shall include the following3 7#a7 ,a thorough analysis of the beneficial economic impacts of industries directly related to the ,gulf of ,mexico red snapper fishery1 including1 but not limited to1 boat sales1 marina activity1 boat construction and repair1 fishing gear and tackle sales1 and other closely associated industries4 7#b7 ,a proper economic analysis of the downstream economic impacts of the ,gulf of ,mexico red snapper fishery on the economies of the ,gulf coastal ,states1 including1 but not limited to1 hotels1 restaurants1 grocery stores1 related tourism1 and other peripheral businesses and industries4 7c7 ,biennial reports ,the ,secretary of ,commerce shall submit to ,congress1 the ,gulf coastal ,states1 and the ,commission on a biennial basis a report on the progress and findings of studies conducted under subsections 7a7 and 7b71 and shall make each report available to the public4 ,each report shall1 to the extent practicable1 include recommendations on additional actions to be taken to encourage the sustainable conservation and management of the ,gulf of ,mexico red snapper fishery4