,,ib ,union ,calendar ,no4 #had #aaeth ,,congress #b;d ,session ,h4 ,r4 #cehh ,report ,no4 #aae-ajdg ,,in ,,the ,,house ,,of ,,representatives ,july #bh1 #bjag ,mr4 ,graves of ,louisiana 7for himself1 ,mr4 ,richmond1 ,mr4 ,byrne1 ,mr4 ,thompson of ,mississippi1 ,mr4 ,weber of ,texas1 ,mr4 ,clay1 ,mr4 ,palazzo1 ,mr4 ,farenthold1 ,mr4 ,austin ,scott of ,georgia1 and ,mr4 ,higgins of ,louisiana7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,november #bg1 #bjah;,additional sponsors3 ,mr4 ,brooks of ,alabama1 ,mr4 ,babin1 and ,mr4 ,johnson of ,louisiana ,november #bg1 #bjah ,committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed ,a ,,bill ,to amend the ,magnuson-,stevens ,fishery ,conservation and ,management ,act to provide for management of red snapper in the ,gulf of ,mexico1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,regionally ,empowered ,decision-making for ,snapper1 ,noting the ,angling ,public and the ,preservation of an ,exceptional ,resource ,act or the ,,red ,,snapper ,act4 #b4 ,state exclusive fishery management authority over private recreational red snapper fishing seasons in the ,gulf of ,mexico 7a7 ,in general ,section #djg of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahhc7 is amended by striking subsection 7d7 and inserting the following3 7d7 ,catch limits ,any fishery management plan1 plan amendment1 or regulation for the red snapper fishery that is submitted by the ,gulf of ,mexico ,fishery ,management ,council after the date of the enactment of the ,,red ,,snapper ,act shall contain conservation and management measures that-- 7#a7 establish separate catch limits for each of-- 7,a7 private recreational fishing2 7,b7 federally permitted charter fishing2 and 7,c7 commercial fishing2 and 7#b7 ensure that such catch limits reflect allocations among such sectors and do not reflect any harvests in excess of such allocations4 7e7 ,state exclusive authority over private recreational red snapper fishing seasons in the ,gulf of ,mexico 7#a7 ,exclusive authority 7,a7 ,in general ,except as provided in subparagraph 7,b7 and paragraph 7#e71 and subject to paragraph 7#d7 and section #cjf7;b71 each of the ,gulf ,states shall have exclusive authority to establish for each of fishing years #bjah through #bjbd the timing and duration of the fishing season for private recreational fishing of red snapper in the ,gulf of ,mexico in the extended red snapper management zone of such ,gulf ,state under paragraph 7#b74 7,b7 ,special rule for ,florida ,with respect to the ,state of ,florida1 the exclusive authority provided under subparagraph 7,a7 shall apply only to waters adjacent to the ,state of ,florida in the ,gulf of ,mexico4 7#b7 ,extended red snapper management zone described 7,a7 ,in general ,for purposes of this subsection1 the extended red snapper management zone of a ,gulf ,state consists of all waters that are-- 7i7 seaward of the ,state seaward boundary of such ,gulf ,state2 7ii7 not further from shore than the #be-;fathom line described under subparagraph 7,b72 and 7iii7 between the projected lines determined for that ,state under section #d7;a77#b77;,a7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accc7;a77#b77;,a774 7,b7 ,description of line 7i7 ,in general ,not later than #fj days after the date of the enactment of the ,,red ,,snapper ,act and subject to clause 7ii71 the ,secretary shall publish in the ,federal ,register and make available on the website of the ,department of ,commerce a description of1 and map showing1 a continuous line in waters of the exclusive economic zone in the ,gulf of ,mexico along the coasts of the ,gulf ,states1 that is comprised of points that are1 on average1 #be fathoms in depth4 7ii7 ,minimum distance ,no point on such continuous line shall be less than #be nautical miles from the shore4 7iii7 ,consultation with ,states ,in determining the placement of such continuous line1 the ,secretary shall consult with appropriate agencies of each ,gulf ,state4 7#c7 ,criteria ,in determining a fishing season under this subsection1 a ,gulf ,state shall-- 7,a7 to the extent practicable1 ensure sustainable and responsible fishery management consistent with the national standards for fishery conservation and management in section #cja2 and 7,b7 include-- 7i7 the most recent stock assessment for the red snapper in the ,gulf of ,mexico2 7ii7 surveys of red snapper in the ,gulf of ,mexico certified under subsection 7g72 7iii7 data related to red snapper in the ,gulf of ,mexico collected by the ,gulf ,states ,marine ,fisheries ,commission1 nongovernmental organizations1 and nongovernmental sources1 including fishermen1 universities1 and research institutions2 7iv7 consideration of the duration of the fishing seasons for red snapper within the ,state's seaward boundary2 7v7 estimates of private recreational fishing effort and catch rates both within the ,state's seaward boundary and within the ,state's extended red snapper management zone under paragraph 7#b77;,a72 and 7vi7 relevant data from independent biological surveys1 including ,state population estimates of the biomass of red snapper within the ,state's seaward boundary and within the ,state's extended red snapper management zone under paragraph 7#b74 7#d7 ,limitation with respect to charter fishing ,the authority of a ,state under paragraph 7#a7 does not apply with respect to the timing or duration of the charter fishing season4 7#e7 ,secretarial action to address adverse effects of ,state actions ,for purposes of section #cjf7;b77#a71 the extended red snapper management zone of a ,state under this subsection shall be treated as within the boundaries of such ,state4 7#f7 ,report ,not later than #aej days before the end of the #bjbd fishing year and biannually thereafter1 the ,secretary shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation 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 ,mexico4 ,the report shall-- 7,a7 be based upon the boundaries prescribed in paragraph 7#b72 7,b7 describe the impact of the criteria listed under paragraph 7#c72 and 7,c7 include results of the ,,noaa ,fisheries ,southeast ,region head boat surveys4 7#g7 ,relationship to other ,federal authority and requirements ,nothing in this subsection affects the authority of the ,secretary under any other provision of law-- 7,a7 to establish the acceptable biological catch and total allowable catch of red snapper in the ,gulf of ,mexico2 or 7,b7 to establish any limited access privilege program for the commercial harvest of red snapper in the ,gulf of ,mexico4 7#h7 ,relationship to ,state authority over ,state waters ,nothing in this subsection affects the authority of a ,gulf ,state over the territorial waters of such ,state and fishing in such waters4 4 7b7 ,conforming amendments 7#a7 ,united ,states sovereign rights to fish and fishery management authority ,section #aja7;a7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahaa7 is amended by striking #ajb1 and inserting #ajb and section #djg7;e714 7#b7 ,gulf ,council ,section #cjb7;a77#a77;,e7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheb7;a77#a77;,e77 is amended by striking paragraph 7#c774 and inserting paragraph 7#c7 of this subsection and section #djg7;e7744 7c7 ,extension of ,state seaward boundary ,section #djg of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahhc7 is further amended by adding at the end the following3 7f7 ,state seaward boundary ,notwithstanding any other provision of law1 for the purpose of management of red snapper fisheries in the ,gulf of ,mexico1 the seaward boundary of a ,gulf ,state is a line #i nautical miles seaward from the baseline from which the territorial sea of the ,united ,states is measured4 4 #c4 ,federal ,gulf of ,mexico red snapper management 7a7 ,allocations of percentage of total allowable catch and seasons for other sectors ,section #djg of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahhc7 is further amended by adding at the end the following3 7g7 ,acceptable biological catch1 total allowable catch1 and certified ,state surveys2 allocation 7#a7 ,inclusion of certified ,state surveys ,in establishing the acceptable biological catch and total allowable catch for red snapper in the ,gulf of ,mexico1 the ,secretary shall include-- 7,a7 ,gulf ,state recreational fisheries surveys that are certified under subsection 7h72 and 7,b7 data related to red snapper in the ,gulf of ,mexico collected by the ,gulf ,states ,marine ,fisheries ,commission1 nongovernmental organizations1 and other nongovernmental sources1 including universities and research institutions4 7#b7 ,allocation and duration of commercial and federally permitted charter season ,beginning in fishing year #bjah1 the percentage of the total allowable catch of red snapper1 and the duration of the red snapper fishing season in the ,gulf of ,mexico-- 7,a7 for the commercial fishing sector shall be the same as such percentage and duration1 respectively1 that applied for the most recent fishing year1 unless amended by the ,secretary2 and 7,b7 for the federally permitted charter fishing sector may not be less than the allocation and duration that applied to such sector for the most recent fishing year1 unless amended by the ,secretary4 7#c7 ,fishing by federally permitted charter sector within ,gulf ,state seaward boundaries ,nothing in this ,act shall be construed 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 prohibited4 4 7b7 ,state surveys ,section #djg of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahhc7 is further amended by adding at the end the following3 7h7 ,state surveys 7#a7 ,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 certification4 7#b7 ,certification 7,a7 ,in general ,the ,secretary shall make a certification or a denial of certification for any survey submitted under paragraph 7#a7 not later than the end of the #f-month period beginning on the date the survey is submitted4 7,b7 ,deemed certified ,a recreational fisheries survey is deemed to be certified effective upon the expiration of such period if the ,secretary has not made a certification or denial of certification4 7#c7 ,modification of surveys denied certification 7,a7 ,in general ,if a survey of a ,gulf ,state is denied certification under paragraph 7#b71 the ,secretary shall1 not later than #fj days after the date of the denial1 provide the ,gulf ,state a proposal for modifications to the survey4 7,b7 ,proposal ,a proposal provided to a ,gulf ,state for a survey under subparagraph 7,a7-- 7i7 shall be specific to the survey submitted by such ,gulf ,state and may not be construed to apply to any other ,gulf ,state2 7ii7 shall require revision to the fewest possible provisions of the survey2 and 7iii7 may not unduly burden the ability of such ,gulf ,state to revise the survey4 7,c7 ,modified survey 7i7 ,authority to submit ,if a survey of a ,gulf ,state was denied certification under paragraph 7#b71 the ,gulf ,state may modify the survey and submit the modified survey to the ,secretary for certification or denial of certification4 7ii7 ,schedule ,the ,secretary shall make a certification or denial of certification for any modified survey not later than the end of the #cj-;day period beginning on the date the modified survey is submitted4 7iii7 ,deemed certified ,a modified survey is deemed to be certified effective upon the expiration of the period described in clause 7ii7 if the ,secretary has not made a certification or denial of certification4 4 7c7 ,reduction of barotrauma ,section #djg of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahhc7 is further amended by adding at the end the following3 7i7 ,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 barotrauma4 4 7d7 ,construction ,section #djg of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahhc7 is further amended by adding at the end the following3 7j7 ,construction ,nothing in this section may be construed to alter-- 7#a7 any commercial catch share program for ,gulf of ,mexico red snapper2 7#b7 any ,federal program related to charter fishing2 or 7#c7 the fishing gear that may be used in the red snapper fishery in the ,gulf of ,mexico4 4 7e7 ,definitions ,section #djg of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahhc71 as amended by this section1 is further amended by adding at the end the following3 7k7 ,definitions ,in this section3 7#a7 ,gulf ,state ,the term ,gulf ,state means each of the ,states of ,texas1 ,louisiana1 ,mississippi1 ,alabama1 or ,florida4 7#b7 ,red snapper ,the term red snapper means the species ,lutjanus campechanus4 4 #d4 ,sense of ,congress ,it is the sense of ,congress that in order to supplement ,state data collection efforts1 ,gulf ,states should continue modernizing fishery harvest data for red snapper through the development and implementation of voluntary electronic reporting applications for use by the private recreational fishing sector to determine red snapper catch rates and effort in the ,gulf of ,mexico4 ,november #bg1 #bjah ,committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed