H.R.3099 - Gulf of Mexico Red Snapper Conservation Act of 2013
To provide for the development of a fishery management plan for the Gulf of Mexico red snapper, and for other purposes.
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Mr. MILLER of Florida (for himself, Mr. RICHMOND, Mr. BOUSTANY, Mr. DUNCAN of South Carolina, Mr. FARENTHOLD, Mr. LATTA, Mr. OLSON, Mr. PALAZZO, Mr. ROGERS of Alabama, Mr. SCALISE, Mr. AUSTIN SCOTT of Georgia, Mr. THOMPSON of Mississippi, Mr. WALZ, Mr. WESTMORELAND, and Mr. WITTMAN) introduced the following bill; which was referred to the Committee on Natural ResourcesCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
SEC. 2. DEFINITIONS.
(3) EXCLUSIVE ECONOMIC ZONE- The term ‘exclusive economic zone’ has the meaning given to such term in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (
(4) FEDERAL FISHERY MANAGEMENT PLAN- The term ‘Federal fishery management plan’ means the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico prepared by the Gulf of Mexico Fishery Management Council pursuant to section 622.1 of title 50, Code of Federal Regulations.CommentsClose CommentsPermalink
(5) FISHERY MANAGEMENT MEASURE- The term ‘fishery management measure’ means any policy, process, or tool used by a Gulf coastal State to implement the fishery management plan.CommentsClose CommentsPermalink
(6) FISHERY MANAGEMENT PLAN- The term ‘fishery management plan’ means a plan created by the Commission for the sustainability of Gulf of Mexico red snapper and the economic and community benefits of each of the Gulf coastal States.CommentsClose CommentsPermalink
(8) 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 shoreward of coastal waters.CommentsClose CommentsPermalink
(9) OVERFISHING- The term ‘overfishing’ has the meaning given to such term in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (
SEC. 3. DATA COLLECTION STRATEGY FOR GULF OF MEXICO RED SNAPPER.
Not later than one year after the date of the enactment of this Act, the Commission, with the support of the Secretary, shall prepare and adopt by vote a strategy for the collection of data on the Gulf of Mexico red snapper fishery that shall include--CommentsClose CommentsPermalink
SEC. 4. ADOPTING A FISHERY MANAGEMENT PLAN.
(a) In General- Not later than one year after the date of the enactment of this Act, the Commission shall prepare and adopt by vote a fishery management plan and submit the plan to the Secretary.CommentsClose CommentsPermalink
(B) procedures for submitting written comments on the fishery management plan to the Commission and for making such comments and responses of the Commission available to the public; andCommentsClose CommentsPermalink
(2) Except as provided in paragraph (3), the fishery management plan shall not reduce such quota until the date that is 3 years after the date of the enactment of this Act.CommentsClose CommentsPermalink
(3) If there is a reduction in the stock of Gulf of Mexico red snapper prior to the date specified in paragraph (2), the fishery management plan shall reduce quotas apportioned to all fishing sectors in a fair and equitable manner that ensures a sustainable harvest of Gulf of Mexico red snapper.CommentsClose CommentsPermalink
(d) Gulf Coastal State Requirements- The fishery management plan shall describe standards of compliance for Gulf coastal States to use in developing fishery management measures.CommentsClose CommentsPermalink
SEC. 5. REVIEW AND CERTIFICATION BY SECRETARY.
(c) Failure To Certify- If the Secretary does not certify the fishery management plan under subsection (b), the Secretary shall submit a written explanation to the Commission explaining why the plan was not certified. The Commission may submit a new fishery management plan to the Secretary pursuant to section 4.CommentsClose CommentsPermalink
(d) Time for Secretary Response- If the Secretary fails to act pursuant to subsection (b) within 120 days of receipt of the fishery management plan, the plan shall be treated as certified by the Secretary.CommentsClose CommentsPermalink
SEC. 6. STATE IMPLEMENTATION OF THE FISHERY MANAGEMENT PLAN.
(b) Review and Approval- Within 60 days of receipt of the fishery management measures, the Commission shall review and approve such measures that ensure each Gulf coastal State is in compliance with the objectives of the fishery management plan.CommentsClose CommentsPermalink
(c) Revocation of Federal Management- The Commission shall certify to the Secretary that the Commission has approved the fishery management measures submitted under subsection (a) for all Gulf coastal States. Upon receipt of the certification, the Secretary shall--CommentsClose CommentsPermalink
(1) publish a notice in the Federal Register revoking those regulations and portions of the Federal fishery management plan that are in conflict with the fishery management plan submitted under section 4, including the deletion of the Gulf of Mexico red snapper from the Federal fishery management plan; andCommentsClose CommentsPermalink
SEC. 7. COMMISSION OVERSIGHT RESPONSIBILITIES.
(a) Implementation and Enforcement of Fishery Management Measures- In December of the year following the transfer of management described in section 6(c)(2), and at any other time the Commission considers appropriate after that December, the Commission shall determine if--CommentsClose CommentsPermalink
(b) Certification of Overfishing and Rebuilding Plans- If the Gulf of Mexico red snapper in a Gulf coastal State is experiencing overfishing or is subject to a rebuilding plan, that Gulf coastal State shall submit a certification to the Commission showing that such State--CommentsClose CommentsPermalink
(2) in consultation with the National Oceanic and Atmospheric Administration, has implemented a program to provide for data collection adequate to monitor the harvest of Gulf of Mexico red snapper by such Gulf coastal State.CommentsClose CommentsPermalink
SEC. 8. OPPORTUNITY TO REMEDY.
(a) In General- If the Commission finds that a Gulf coastal State is noncompliant under section 7, the Commission shall offer assistance to that Gulf coastal State to remedy the finding of noncompliance.CommentsClose CommentsPermalink
(b) Notification to Secretary for Continued Noncompliance- If, after such time as determined by the Commission, the Gulf coastal State receiving assistance described in subsection (a) remains noncompliant, the Commission shall vote on whether to notify the Secretary.CommentsClose CommentsPermalink
SEC. 9. CLOSURE OF THE GULF OF MEXICO RED SNAPPER FISHERY.
(a) Conditions for Closure- Not later than 60 days after the receipt of a notice under section 8(b), the Secretary may declare a closure of the Gulf of Mexico red snapper fishery within the Federal waters adjacent to the waters of the Gulf coastal State that is the subject of such notice.CommentsClose CommentsPermalink
(3) to fail to return to the water any Gulf of Mexico red snapper to which the closure applies that are caught incidental to commercial harvest or in other recreational fisheries.CommentsClose CommentsPermalink
SEC. 10. ECONOMIC ANALYSIS AND REPORT.
(a) Economic Analysis of Gulf of Mexico Red Snapper Fishery- The Secretary, in consultation with the Gulf coastal States and the Commission, shall conduct a study and analysis of the economic impacts for the local, regional, and national economy of the Gulf of Mexico red snapper fishery. The study shall include an analysis of--CommentsClose CommentsPermalink
(1) the beneficial economic impacts on industries directly related to the Gulf of Mexico red snapper fishery, including boat sales, marina activity, boat construction and repair, fishing gear and tackle sales, and other closely related industries; andCommentsClose CommentsPermalink
(2) the downstream economic impacts of the Gulf of Mexico red snapper fishery on the economies of the Gulf coastal States, including hotels, restaurants, grocery stores, related tourism, and other peripheral businesses and industries.CommentsClose CommentsPermalink
(b) Biennial Reports- Beginning 2 years after the date of the enactment of this Act, and every 2 years thereafter, the Secretary shall submit a report on the findings of the study conducted under subsection (a) to Congress, the Governor of each of the Gulf coastal States, and the Commission. Each report shall be made available to the public and shall include recommendations for additional actions to be taken to encourage the sustainability of the Gulf of Mexico red snapper fishery.CommentsClose CommentsPermalink