[House Report 115-1047]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-1047
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RED SNAPPER ACT
_______
November 27, 2018.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 3588]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 3588) to amend the Magnuson-Stevens Fishery
Conservation and Management Act to provide for management of
red snapper in the Gulf of Mexico, and for other purposes,
having considered the same, report favorably thereon without
amendment and recommend that the bill do pass.
Purpose of the Bill
The purpose of H.R. 3588 is to amend the Magnuson-Stevens
Fishery Conservation and Management Act to provide for
management of red snapper in the Gulf of Mexico.
Background and Need for Legislation
The red snapper is a species of fish found in the South
Atlantic and the Gulf of Mexico with a known range in the
United States from the Carolinas to Texas.\1\ These can be
large fish, growing upwards of 40 inches and 50 pounds, and can
have a lifespan of over 50 years.\2\ Categorized as ``reef
fish,'' typical adult red snapper habitat is on the bottom of
the ocean usually near reefs, rocks, ledges and caves.\3\
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\1\FishWatch, National Oceanic and Atmospheric Administration
(NOAA): Red Snapper, (Feb. 28, 2014).
\2\Id.
\3\Id.
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According to the National Oceanic and Atmospheric
Administration (NOAA), red snapper has been caught in the Gulf
of Mexico since at least the mid-1800s.\4\ Since then, red
snapper has become a highly sought-after species by both
commercial and recreational fishermen in the area. In 1979, the
Gulf of Mexico Fishery Management Council (Council) created its
``Reef Fish Management Plan'' which included red snapper.\5\ An
integral part of this program was new and intensive
restrictions on commercial and recreational catches to help
rebuild the declining stock.\6\
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\4\NOAA Fisheries, Southeast Regional Office: Gulf Fisheries.
\5\Gulf of Mexico Fishery Management Council: Environmental Impact
Statement and Fishery Management Plan for the Reef Fish Resources of
the Gulf of Mexico, August 1981.
\6\Id.
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The Magnuson-Stevens Fishery Conservation and Management
Act of 1996 (Public Law 94-265) contained components addressing
bycatch and rebuilding overfished fisheries.\7\ In the spring
of 1998, the Council passed an amendment to require bycatch
reduction devices (BRD) in federal waters for shrimp trawls
that were inadvertently catching red snapper in their shrimp
nets.\8\ With the BRD requirement in place, the recovery of red
snapper was premised on closed seasons, commercial quotas,
recreational bag limits, size limits and effective reduction in
bycatch due to BRDs. The introduction of BRDs in 1998 allowed
recreational and commercial anglers to roughly split a 9.12
million-pound annual Total Allowable Catch.\9\
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\7\P.L. 104-297, approved October 11, 1996.
\8\Gulf of Mexico Fishery Management Council: Regulatory Amendment
to the Reef Fish Fishery Management Plan for the 1998 Red Snapper Total
Allowable Catch and the Recreational Bag Limit, February, 1998.
\9\Coastal Conservation Ass'n v. Gutierrez, 512 F. Supp. 2d 896,
(S.D. Tex. 2007).
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A 2005 NOAA assessment found that the stock had failed to
meet certain improvement targets mandated by the rebuilding
plan.\10\ This assessment resulted in further quota reductions,
which reached an all-time low in 2011 when the recreational and
commercial quota was set at five million pounds combined.\11\
However, the quotas have increased since then, with an all-time
high quota set at 14.3 million pounds for 2015.\12\
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\10\Id. at 5.
\11\NOAA: Framework Action to the Fishery Management Plan for the
Reef Fish Resources of the Gulf of Mexico including Environmental
Assessment, Regulatory Impact Review, and Regulatory Flexibility Act
Analysis (March 2015).
\12\Id.
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Because the red snapper is a federally managed species
under the Magnuson-Stevens Fishery Conservation and Management
Act, the recreational and commercial quotas for red snapper in
federal waters are ultimately determined by the Council, which
consists of members of the recreational, commercial, and
charter-for-hire fisheries as well as a representative from
each of the five Gulf States (Texas, Louisiana, Mississippi,
Alabama and Florida), NOAA, and the U.S. Fish and Wildlife
Service. The red snapper commercial fishery is managed under an
Individual Fishing Quota program for all federally permitted
vessels.\13\ The federal recreation season is set in terms of
days, with the Council setting a recreational quota in pounds
and then setting a season length based on how long it would
take the recreational sector to catch the quota
historically.\14\
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\13\NOAA: NOAA Catch Share Policy.
\14\Id.
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The federally-permitted commercial sector currently
receives 51 percent of the overall red snapper quota and the
recreational/charter-for-hire sector receives 49 percent.\15\
In August 2017, the Council approved Amendment 28 which would
shift the overall quota for red snapper, with the federally-
permitted commercial sector receiving 48.5 percent and the
recreational/charter-for-hire sector receiving 51.5
percent.\16\ Amendment 28 is currently pending with the U.S.
Secretary of Commerce.
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\15\Gulf of Mexico Fishery Management Council, Final Amendment 28
to the Reef Fish Resources of the Gulf of Mexico, (August 2015).
\16\Id.
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A 2014 U.S. District Court decision in a suit filed by Mr.
Keith Guindon of Kate's Seafood in Galveston, Texas\17\ found
that NOAA failed to require adequate accountability measures
for the recreational industry.\18\ As a result, NOAA
implemented an annual catch target (ACT) for the recreational
sector to prevent the quota from being exceeded, which is 20%
lower than the actual recreational quota set by the
Council.\19\
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\17\Buddy Guindon, Gulf of Mexico Reef Fish Shareholders Alliance.
\18\NOAA: Framework Action to the Fishery Management Plan for the
Reef Fish Resources of the Gulf of Mexico including Environmental
Assessment, Regulatory Impact Review, and Regulatory Flexibility Act
Analysis, (March 2015).
\19\Id.
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In December 2014, the Council approved and submitted Reef
Fish Amendment 40: Partitioning the Recreational Sector to NOAA
requesting that the federal recreational quota for red snapper
be divided into two parts--allotting 42.3 percent of the
recreational quota to charter-for-hire boats and 57.7 percent
of the recreational quota to private anglers.\20\ For 2015, the
total quota of 14.3 million pounds was split approximately 7.3
million pounds to commercial and 7 million pounds to
recreational/charter-for-hire. However, in accounting for the
ACT, the actual catchable quota for the recreational/charter-
for-hire sector was only 5.6 million pounds for 2015. This
resulted in a 2015 recreational angler season with 10 days in
federal waters for private anglers, and a charter-for-hire
season of 44 days in federal waters.\21\
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\20\Gulf of Mexico Fishery Management Council, Final Amendment 40
to the Reef Fish Resources of the Gulf of Mexico, (December 2014).
\21\Florida Fish and Wildlife Conservation Commission, Gulf Red
Snapper, factsheet.
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Each of the five Gulf States has the authority to manage
the red snapper fishery in their respective State waters. The
States establish their own fishing seasons and use bag limits
(amount of fish an angler can retain daily) and size limits for
retained fish as management tools.
On May 2, 2017, NOAA announced that recreational anglers
would have a 3-day season in federal waters in 2017.\22\ Three
days would be the shortest red snapper season on record.\23\ In
an effort to increase access for recreational anglers, the
Secretary of Commerce took emergency action in June 2017 to
extend the recreational season in federal waters to 39 total
days, and, as part of this agreement, the five Gulf States
agreed to abide by this 39-day season in State waters through
September 4, 2017.\24\ This is the first time in over a decade
that the State and federal seasons have been in alignment.\25\
While the extension provides immediate relief for private
anglers, it does not solve the systemic problems plaguing
management of many recreational fisheries.
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\22\http://sero.nmfs.noaa.gov/fishery_bulletins/2017/023/FB17-
023index.html.
\23\http://www.al.com/news/mobile/index.ssf/2017/05/
shortest_ever_federal_snapper.html.
\24\https://www.commerce.gov/news/press-releases/2017/06/
department-commerce-announces-changes-2017-gulf-mexico-red-snapper.
\25\http://www.al.com/news/mobile/index.ssf/2017/05/
shortest_ever_federal_snapper.html.
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Because of limited recreational seasons in federal waters,
criticism of the science used in justifying such seasons,
ongoing objections to the overall allocation of red snapper,
and strong opposition to programs in place for the commercial
sector and proposed for the charter/for-hire sector,
recreational anglers and the five Gulf States have sought
management changes to improve recreational access.
H.R. 3588, the RED SNAPPER Act, is one such proposal. This
legislation looks to remedy a longstanding issue of
recreational access to the red snapper fishery in the Gulf of
Mexico. Specifically, the bill establishes a depth-based scheme
for State management of red snapper by establishing a
continuous line in the Gulf at 25 fathoms of depth or 25
nautical miles from shore where States would exercise exclusive
management authority over red snapper.
In the 114th Congress, the Natural Resources Committee
favorably reported legislation that similarly focused on
empowering States to address the problems associated with red
snapper management in the Gulf of Mexico.\26\
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\26\H.R. 3094, Gulf States Red Snapper Management Authority Act,
introduced by Rep Garret Graves (R-LA), 114th Congress.
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Section-by-Section Analysis
Section 1. Short title
This section provides the short title for the bill, the
Regionally Empowered Decision-making for Snapper, Noting the
Angling Public and the Preservation of an Exceptional Resource
Act, or the RED SNAPPER Act.
Section 2. State exclusive fishery management authority over private
recreational red snapper fishing seasons in the Gulf of Mexico
This section directs the Secretary of Commerce to produce a
map with a continuous line along the coast of the Gulf States
in the waters of the Gulf of Mexico that generally denotes a
depth of 25 fathoms. Gulf States will exercise exclusive
management authority of the recreational red snapper fishery
for fishing years 2018-2024 in waters extending to the farther
of the 25-fathom line or 25 nautical miles from shore. State
management authority currently only extends out to nine miles
from shore.
This section also requires Gulf States to consider a
variety of scientific factors in development of their
management plans, including the most recent stock assessment
for the red snapper in the Gulf of Mexico, data from a variety
of governmental and nongovernmental sources, the duration of
the fishing season in State waters, and estimated private
recreational fishing efforts and catch rates.
Section 3. Federal Gulf of Mexico red snapper management
This section establishes a process and a timeline for
certification of State recreational fishery surveys and
provides for their incorporation into management decisions for
the red snapper fishery. This section also includes savings
clauses aimed at preserving commercial allocation as well as
access for federally-permitted charter fishermen. Finally, this
section directs the States to develop best practices to reduce
barotrauma, which often leads to discard mortality when red
snapper is caught and released.
Committee Action
H.R. 3588 was introduced on July 28, 2017, by Congressman
Garret Graves (R-LA). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Water, Power and Oceans. On September 26, 2017, the
Subcommittee held a hearing on the bill. On December 12, 2017,
the Natural Resources Committee met to consider the bill. The
Subcommittee was discharged by unanimous consent. Congressman
Alan S. Lowenthal (D-CA) offered and withdrew an amendment
designated (001). No other amendments were offered, and the
bill was ordered favorably reported to the House of
Representatives on December 13, 2017, by a bipartisan roll call
vote of 22 ayes to 16 noes, as follows:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII and Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 16, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3588, the RED
SNAPPER Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Robert Reese.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 3588--RED SNAPPER Act
H.R. 3588 would amend the Magnuson-Stevens Fishery
Conservation and Management Act to authorize the U.S. Gulf
States (Alabama, Florida, Louisiana, Mississippi, and Texas) to
exercise exclusive management authority over the recreational
red snapper fishery through 2024.\1\ The bill also would
require the Gulf States to consider a variety of factors,
including up-to-date stock assessments, surveys, and
recreational catch rates for red snapper, when developing
management plans. Those plans would be reviewed and approved by
the National Oceanic and Atmospheric Administration (NOAA).
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\1\The Gulf States would manage the fishery in the region between
the shore and the line at which the ocean is 25 fathoms (or 150 feet)
deep or 25 nautical miles, whichever is further.
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Using information from NOAA, CBO estimates that any
additional costs related to collecting and reviewing state
management plans under H.R. 3588 would not be significant.
Enacting H.R. 3588 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 3588 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 3588 would impose an intergovernmental mandate as
defined in the Unfunded Mandates Reform Act (UMRA) by requiring
the five Gulf States to develop and promote best practices to
reduce barotrauma in red snapper. Using information on similar
practices, CBO estimates the states' costs would be small and
fall well below the thresholds established in UMRA for
intergovernmental mandates ($78 million in 2017).
The bill contains no private-sector mandates as defined in
UMRA.
The CBO staff contacts for this estimate are Robert Reese
(for federal costs) and Zachary Byrum (for mandates). The
estimate was approved by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to amend the Magnuson-Stevens Fishery
Conservation and Management Act to provide for management of
red snapper in the Gulf of Mexico.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT
* * * * * * *
TITLE I--UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND FISHERY
RESOURCES
SEC. 101. UNITED STATES SOVEREIGN RIGHTS TO FISH AND FISHERY MANAGEMENT
AUTHORITY.
(a) In the Exclusive Economic Zone.--Except as provided in
section [102,] 102 and section 407(e), the United States
claims, and will exercise in the manner provided for in this
Act, sovereign rights and exclusive fishery management
authority over all fish, and all Continental Shelf fishery
resources, within the exclusive economic zone.
(b) Beyond the Exclusive Economic Zone.--The United States
claims, and will exercise in the manner provided for in this
Act, exclusive fishery management authority over the following:
(1) All anadromous species throughout the migratory
range of each such species beyond the exclusive
economic zone; except that that management authority
does not extend to any such species during the time
they are found within any waters of a foreign nation.
(2) All Continental Shelf fishery resources beyond
the exclusive economic zone.
* * * * * * *
TITLE III--NATIONAL FISHERY MANAGEMENT PROGRAM
* * * * * * *
SEC. 302. REGIONAL FISHERY MANAGEMENT COUNCILS.
(a) Establishment.--(1) There shall be established, within
120 days after the date of the enactment of this Act, eight
Regional Fishery Management Councils, as follows:
(A) New england council.--The New England Fishery
Management Council shall consist of the States of
Maine, New Hampshire, Massachusetts, Rhode Island, and
Connecticut and shall have authority over the fisheries
in the Atlantic Ocean seaward of such States (except as
provided in paragraph (3)). The New England Council
shall have 18 voting members, including 12 appointed by
the Secretary in accordance with subsection (b)(2) (at
least one of whom shall be appointed from each such
State).
(B) Mid-atlantic council.--The Mid-Atlantic Fishery
Management Council shall consist of the States of New
York, New Jersey, Delaware, Pennsylvania, Maryland,
Virginia, and North Carolina and shall have authority
over the fisheries in the Atlantic Ocean seaward of
such States (except North Carolina, and as provided in
paragraph (3)). The Mid-Atlantic Council shall have 21
voting members, including 13 appointed by the Secretary
in accordance with subsection (b)(2) (at least one of
whom shall be appointed from each such State).
(C) South atlantic council.--The South Atlantic
Fishery Management Council shall consist of the States
of North Carolina, South Carolina, Georgia, and Florida
and shall have authority over the fisheries in the
Atlantic Ocean seaward of such States (except as
provided in paragraph (3)). The South Atlantic Council
shall have 13 voting members, including 8 appointed by
the Secretary in accordance with subsection (b)(2) (at
least one of whom shall be appointed from each such
State).
(D) Caribbean council.--The Caribbean Fishery
Management Council shall consist of the Virgin Islands
and the Commonwealth of Puerto Rico and shall have
authority over the fisheries in the Caribbean Sea and
Atlantic Ocean seaward of such States and of
commonwealths, territories, and possessions of the
United States in the Caribbean Sea (except as provided
in paragraph (3)). The Caribbean Council shall have 7
voting members, including 4 appointed by the Secretary
in accordance with subsection (b)(2) (at least one of
whom shall be appointed from each such State).
(E) Gulf council.--The Gulf of Mexico Fishery
Management Council shall consist of the States of
Texas, Louisiana, Mississippi, Alabama, and Florida and
shall have authority over the fisheries in the Gulf of
Mexico seaward of such States (except as provided in
[paragraph (3)).] paragraph (3) of this subsection and
section 407(e)). The Gulf Council shall have 17 voting
members, including 11 appointed by the Secretary in
accordance with subsection (b)(2) (at least one of whom
shall be appointed from each such State).
(F) Pacific council.--The Pacific Fishery
Management Council shall consist of the States
of California, Oregon, Washington, and Idaho
and shall have authority over the fisheries in
the Pacific Ocean seaward of such States. The
Pacific Council shall have 14 voting members,
including 8 appointed by the Secretary in
accordance with subsection (b)(2) (at least one
of whom shall be appointed from each such
State), and including one appointed from an
Indian tribe with Federally recognized fishing
rights from California, Oregon, Washington, or
Idaho in accordance with subsection (b)(5).
(G) North pacific council.--The North Pacific Fishery
Management Council shall consist of the States of
Alaska, Washington, and Oregon and shall have authority
over the fisheries in the Arctic Ocean, Bering Sea, and
Pacific Ocean seward of Alaska. The North Pacific
Council shall have 11 voting members, including 7
appointed by the Secretary in accordance with
subsection (b)(2) (5 of whom shall be appointed from
the State of Alaska and 2 of whom shall be appointed
from the State of Washington).
(H) Western pacific council.--The Western Pacific
Fishery Management Council shall consist of the States
of Hawaii, American Samoa, Guam, and the Northern
Mariana Islands and shall have authority over the
fisheries in the Pacific Ocean seaward of such States
and of the Commonwealths, territories, and possessions
of the United States in the Pacific Ocean area. The
Western Pacific Council shall have 13 voting members,
including 8 appointed by the Secretary in accordance
with subsection (b)(2) (at least one of whom shall be
appointed from each of the following States: Hawaii,
American Samoa, Guam, and the Northern Mariana
Islands).
(2) Each Council shall reflect the expertise and interest of
the several constituent States in the ocean area over which
such Council is granted authority.
(3) The Secretary shall have authority over any
highly migratory species fishery that is within the
geographical area of authority of more than one of the
following Councils: New England Council, Mid-Atlantic
Council, South Atlantic Council, Gulf Council, and
Caribbean Council.
(b) Voting Members.--(1) The voting members of each Council
shall be:
(A) The principal State official with marine fishery
management responsibility and expertise in each
constituent State, who is designated as such by the
Governor of the State, so long as the official
continues to hold such position, or the designee of
such official.
(B) The regional director of the National Marine
Fisheries Service for the geographic area concerned, or
his designee, except that if two such directors are
within such geographical area, the Secretary shall
designate which of such directors shall be the voting
member.
(C) The members required to be appointed by the
Secretary in accordance with paragraphs (2) and (5).
(2)(A) The members of each Council required to be appointed
by the Secretary must be individuals who, by reason of their
occupational or other experience, scientific expertise, or
training, are knowledgeable regarding the conservation and
management, or the commercial or recreational harvest, of the
fishery resources of the geographical area concerned. Within
nine months after the date of enactment of the Fishery
Conservation Amendments of 1990, the Secretary shall, by
regulation, prescribe criteria for determining whether an
individual satisfies the requirements of this subparagraph.
(B) The Secretary, in making appointments under this section,
shall, to the extent practicable, ensure a fair and balanced
apportionment, on a rotating or other basis, of the active
participants (or their representatives) in the commercial and
recreational fisheries under the jurisdiction of the Council.
On January 31, 1991, and each year thereafter, the Secretary
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Merchant
Marine and Fisheries of the House of Representatives a report
on the actions taken by the Secretary to ensure that such fair
and balanced apportionment is achieved. The report shall--
(i) list the fisheries under the jurisdiction of each
Council, outlining for each fishery the type and
quantity of fish harvested, fishing and processing
methods employed, the number of participants, the
duration and range of the fishery, and other
distinguishing characteristics;
(ii) assess the membership of each Council in terms
of the apportionment of the active participants in each
such fishery; and
(iii) state the Secretary's plans and schedule for
actions to achieve a fair and balanced apportionment on
the Council for the active participants in any such
fishery.
(C) The Secretary shall appoint the members of each Council
from a list of individuals submitted by the Governor of each
applicable constituent State. A Governor may not submit the
names of individuals to the Secretary for appointment unless
the Governor has determined that each such individual is
qualified under the requirements of subparagraph (A) and unless
the Governor has, to the extent practicable, first consulted
with representatives of the commercial and recreational fishing
interests of the State regarding those individuals. Each such
list shall include the names and pertinent biographical data of
not less than three individuals for each applicable vacancy and
shall be accompanied by a statement by the Governor explaining
how each such individual meets the requirements of subparagraph
(A). The Secretary shall review each list submitted by a
Governor to ascertain if the individuals on the list are
qualified for the vacancy on the basis of such requirements. If
the Secretary determines that any individual is not qualified,
the Secretary shall notify the appropriate Governor of that
determination. The Governor shall then submit a revised list or
resubmit the original list with an additional explanation of
the qualifications of the individual in question. An individual
is not eligible for appointment by the Secretary until that
individual complies with the applicable financial disclosure
requirements under subsection (k).
(D)(i) The Governor of a State submitting a list of names of
individuals for appointment by the Secretary of Commerce to the
Gulf of Mexico Fisheries Management Council under subparagraph
(C) shall include--
(I) at least 1 nominee each from the commercial,
recreational, and charter fishing sectors; and
(II) at least 1 other individual who is knowledgeable
regarding the conservation and management of fisheries
resources in the jurisdiction of the Council.
(ii) Notwithstanding the requirements of subparagraph (C), if
the Secretary determines that the list of names submitted by
the Governor does not meet the requirements of clause (i) the
Secretary shall--
(I) publish a notice in the Federal Register asking
the residents of that State to submit the names and
pertinent biographical data of individuals who would
meet the requirement not met for appointment to the
Council; and
(II) add the name of any qualified individual
submitted by the public who meets the unmet requirement
to the list of names submitted by the Governor.
(iii) For purposes of clause (i) an individual who owns or
operates a fish farm outside of the United States shall not be
considered to be a representative of the commercial or
recreational fishing sector.
(iv) The requirements of this subparagraph shall expire at
the end of fiscal year 2012.
(E) Whenever the Secretary makes an appointment to a Council,
the Secretary shall make a public announcement of such
appointment not less than 45 days before the first day on which
the individual is to take office as a member of the Council.
(3) Each voting member appointed to a Council by the
Secretary in accordance with paragraphs (2) and (5) shall serve
for a term of 3 years; except that the Secretary may designate
a shorter term if necessary to provide for balanced expiration
to terms of office. No member appointed after January 1, 1986,
may serve more than three consecutive terms. Any term in which
an individual was appointed to replace a member who left office
during the term shall not be counted in determining the number
of consecutive terms served by that Council member.
(4) Successors to the voting members of any Council shall be
appointed in the same manner as the original voting members.
Any individual appointed to fill a vacancy occurring prior to
the expiration of any term of office shall be appointed for the
remainder of that term.
(5)(A) The Secretary shall appoint to the Pacific
Council one representative of an Indian tribe with
Federally recognized fishing rights from California,
Oregon, Washington, or Idaho from a list of not less
than 3 individuals submitted by the tribal governments.
The Secretary, in consultation with the Secretary of
the Interior and tribal governments, shall establish by
regulation the procedure for submitting a list under
this subparagraph.
(B) Representation shall be rotated among the tribes
taking into consideration--
(i) the qualifications of the individuals on
the list referred to in subparagraph (A),
(ii) the various rights of the Indian tribes
involved and judicial cases that set forth how
those rights are to be exercised, and
(iii) the geographic area in which the tribe
of the representative is located.
(C) A vacancy occurring prior to the expiration of
any term shall be filled in the same manner as set out
in subparagraphs (A) and (B), except that the Secretary
may use the list from which the vacating representative
was chosen.
(D) The tribal representative appointed under subparagraph
(A) may designate as an alternate, during the period of the
representative's term, an individual knowledgeable concerning
tribal rights, tribal law, and the fishery resources of the
geographical area concerned.
(6) The Secretary may remove for cause any member of
a Council required to be appointed by the Secretary in
accordance with paragraphs (2) or (5) if--
(A) the Council concerned first recommends
removal by not less than two-thirds of the
members who are voting members and submits such
removal recommendation to the Secretary in
writing together with a statement of the basis
for the recommendation; or
(B) the member is found by the Secretary,
after notice and an opportunity for a hearing
in accordance with section 554 of title 5,
United States Code, to have committed an act
prohibited by section 307(1)(O).
(c) Nonvoting Members.--(1) The nonvoting members of each
Council shall be:
(A) The regional or area director of the United
States Fish and Wildlife Service for the geographical
area concerned, or his designee.
(B) The commander of the Coast Guard district for the
geographical area concerned, or his designee; except
that, if two Coast Guard districts are within such
geographical area, the commander designated for such
purpose by the commandant of the Coast Guard.
(C) The executive director of the Marine Fisheries
Commission for the geographical area concerned, if any,
or his designee.
(D) One representative of the Department of State
designated for such purpose by the Secretary of State,
or his designee.
(2) The Pacific Council shall have one additional nonvoting
member who shall be appointed by, and serve at the pleasure of,
the Governor of Alaska.
(d) Compensation and Expenses.--The voting members of each
Council who are required to be appointed by the Secretary and
who are not employed by the Federal Government or any State or
local government, shall receive compensation at the daily rate
for GS-15, step 7 of the General Schedule, when engaged in the
actual performance of duties for such Council. The voting
members of each Council, any nonvoting member described in
subsection (c)(1)(C), and the nonvoting member appointed
pursuant to subsection (c)(2) shall be reimbursed for actual
expenses incurred in the performance of such duties, and other
nonvoting members and Council staff members may be reimbursed
for actual expenses.
(e) Transaction of Business.--
(1) A majority of the voting members of any Council
shall constitute a quorum, but one or more such members
designated by the Council may hold hearings. All
decisions of any Council shall be by majority vote of
the voting members present and voting.
(2) The voting members of each Council shall select a
Chairman for such Council from among the voting
members.
(3) Each Council shall meet at appropriate times and
places in any of the constituent States of the Council
at the call of the Chairman or upon the request of a
majority of its voting members.
(4) If any voting member of a Council disagrees with
respect to any matter which is transmitted to the
Secretary by such Council, such member may submit a
statement to the Secretary setting forth the reasons
for such disagreement. The regional director of the
National Marine Fisheries Service serving on the
Council, or the regional director's designee, shall
submit such a statement, which shall be made available
to the public upon request, if the regional director
disagrees with any such matter.
(5) At the request of any voting member of a Council,
the Council shall hold a roll call vote on any matter
before the Council. The official minutes and other
appropriate records of any Council meeting shall
identify all roll call votes held, the name of each
voting member present during each roll call vote, and
how each member voted on each roll call vote.
(f) Staff and Administration.--
(1) Each Council may appoint, and assign duties to,
an executive director and such other full- and part-
time administrative employees as the Secretary
determines are necessary to the performance of its
functions.
(2) Upon the request of any Council, and after
consultation with the Secretary, the head of any
Federal agency is authorized to detail to such Council,
on a reimbursable basis, any of the personnel of such
agency, to assist such Council in the performance of
its functions under this Act.
(3) The Secretary shall provide to each Council such
administrative and technical support services as are
necessary for the effective functioning of such
Council.
(4) The Administrator of General Services shall
furnish each Council with such offices, equipment,
supplies, and services as he is authorized to furnish
to any other agency or instrumentality of the United
States.
(5) The Secretary and the Secretary of State shall
furnish each Council with relevant information
concerning foreign fishing and international fishery
agreements.
(6) Each Council shall determine its organization,
and prescribe its practices and procedures for carrying
out its functions under this Act, in accordance with
such uniform standards as are prescribed by the
Secretary. The procedures of a Council, and of its
scientific and statistical committee and advisory
panels established under subsection (g), must be
consistent with the procedural guidelines set forth in
subsection (i)(2). Each Council shall publish and make
available to the public a statement of its
organization, practices, and procedures.
(7) The Secretary shall pay--
(A) the compensation and expenses provided
for in subsection (d);
(B) appropriate compensation to employees
appointed under paragraph (1);
(C) the amounts required for reimbursement of
other Federal agencies under paragraphs (2) and
(4);
(D) the actual expenses of the members of the
committees and panels established under
subsection (g); and
(E) such other costs as the Secretary
determines are necessary to the performance of
the functions of the Councils.
(g) Committees and Advisory Panels.--
(1)(A) Each Council shall establish, maintain, and
appoint the members of a scientific and statistical
committee to assist it in the development, collection,
evaluation, and peer review of such statistical,
biological, economic, social, and other scientific
information as is relevant to such Council's
development and amendment of any fishery management
plan.
(B) Each scientific and statistical committee shall
provide its Council ongoing scientific advice for
fishery management decisions, including recommendations
for acceptable biological catch, preventing
overfishing, maximum sustainable yield, and achieving
rebuilding targets, and reports on stock status and
health, bycatch, habitat status, social and economic
impacts of management measures, and sustainability of
fishing practices.
(C) Members appointed by the Councils to the
scientific and statistical committees shall be Federal
employees, State employees, academicians, or
independent experts and shall have strong scientific or
technical credentials and experience.
(D) Each member of a scientific and statistical
committee shall be treated as an affected individual
for purposes of paragraphs (2), (3)(B), (4), and (5)(A)
of subsection (j). The Secretary shall keep disclosures
made pursuant to this subparagraph on file.
(E) The Secretary and each Council may establish a
peer review process for that Council for scientific
information used to advise the Council about the
conservation and management of the fishery. The review
process, which may include existing committees or
panels, is deemed to satisfy the requirements of the
guidelines issued pursuant to section 515 of the
Treasury and General Government Appropriations Act for
Fiscal year 2001 (Public Law 106-554--Appendix C; 114
Stat. 2763A-153).
(F) In addition to the provisions of section
302(f)(7), the Secretary shall, subject to the
availability of appropriations, pay a stipend to
members of the scientific and statistical committees or
advisory panels who are not employed by the Federal
Government or a State marine fisheries agency.
(G) A science and statistical committee shall hold
its meetings in conjunction with the meeting of the
Council, to the extent practicable.
(2) Each Council shall establish such advisory panels
as are necessary or appropriate to assist it in
carrying out its functions under this Act.
(3)(A) Each Council shall establish and maintain a
fishing industry advisory committee which shall provide
information and recommendations on, and assist in the
development of, fishery management plans and amendments
to such plans.
(B) Appointments to a committee established under
subparagraph (A) shall be made by each Council in such
a manner as to provide fair representation to
commercial fishing interests in the geographical area
of authority of the Council.
(4) The Secretary shall establish advisory panels to
assist in the collection and evaluation of information
relevant to the development of any fishery management
plan or plan amendment for a fishery to which
subsection (a)(3) applies. Each advisory panel shall
participate in all aspects of the development of the
plan or amendment; be balanced in its representation of
commercial, recreational, and other interests; and
consist of not less than 7 individuals who are
knowledgeable about the fishery for which the plan or
amendment is developed, selected from among--
(A) members of advisory committees and
species working groups appointed under Acts
implementing relevant international fishery
agreements pertaining to highly migratory
species; and
(B) other interested persons.
(5) Decisions and recommendations made by committees
and panels established under this subsection shall be
considered to be advisory in nature.
(h) Functions.--Each Council shall, in accordance with the
provisions of this Act--
(1) for each fishery under its authority that
requires conservation and management, prepare and
submit to the Secretary (A) a fishery management plan,
and (B) amendments to each such plan that are necessary
from time to time (and promptly whenever changes in
conservation and management measures in another fishery
substantially affect the fishery for which such plan
was developed);
(2) prepare comments on any application for foreign
fishing transmitted to it under section 204(b)(4)(C) or
section 204(d), and any fishery management plan or
amendment transmitted to it under section 304(c)(4);
(3) conduct public hearings, at appropriate times and
in appropriate locations in the geographical area
concerned, so as to allow all interested persons an
opportunity to be heard in the development of fishery
management plans and amendments to such plans, and with
respect to the administration and implementation of the
provisions of this Act (and for purposes of this
paragraph, the term ``geographical area concerned'' may
include an area under the authority of another Council
if the fish in the fishery concerned migrate into, or
occur in, that area or if the matters being heard
affect fishermen of that area; but not unless such
other Council is first consulted regarding the conduct
of such hearings within its area);
(4) submit to the Secretary such periodic reports as
the Council deems appropriate, and any other relevant
report which may be requested by the Secretary;
(5) review on a continuing basis, and revise as
appropriate, the assessments and specifications made
pursuant to section 303(a)(3) and (4) with respect to
the optimum yield from, the capacity and extent to
which United States fish processors will process United
States harvested fish from, and the total allowable
level of foreign fishing in, each fishery (except as
provided in subsection (a)(3)) within its geographical
area of authority; and
(6) develop annual catch limits for each of its
managed fisheries that may not exceed the fishing level
recommendations of its scientific and statistical
committee or the peer review process established under
subsection (g);
(7) develop, in conjunction with the scientific and
statistical committee, multi-year research priorities
for fisheries, fisheries interactions, habitats, and
other areas of research that are necessary for
management purposes, that shall--
(A) establish priorities for 5-year periods;
(B) be updated as necessary; and
(C) be submitted to the Secretary and the
regional science centers of the National Marine
Fisheries Service for their consideration in
developing research priorities and budgets for
the region of the Council; and
(8) conduct any other activities which are required
by, or provided for in, this Act or which are necessary
and appropriate to the foregoing functions.
(i) Procedural Matters.--(1) The Federal Advisory Committee
Act (5 U.S.C. App. 1) shall not apply to the Councils, the
Council coordination committee established under subsection
(l), or to the scientific and statistical committees or other
committees or advisory panels established under subsection (g).
(2) The following guidelines apply with respect to the
conduct of business at meetings of a Council, and of a Council,
of the Council coordination committee established under
subsection (l), and of the scientific and statistical
committees or other committees or advisory panels established
under subsection (g):
(A) Unless closed in accordance with paragraph (3),
each regular meeting and each emergency meeting shall
be open to the public.
(B) Emergency meetings shall be held at the call of
the chairman or equivalent presiding officer.
(C) Timely public notice of each regular meeting and
each emergency meeting, including the time, place, and
agenda of the meeting, shall be provided by any means
that will result in wide publicity in the major fishing
ports of the region (and in other major fishing ports
having a direct interest in the affected fishery),
except that e-mail notification and website postings
alone are not sufficient. Timely notice of each regular
meeting shall also be published in the Federal
Register. The published agenda of the meeting may not
be modified to include additional matters for Council
action without public notice or within 14 days prior to
the meeting date, unless such modification is to
address an emergency action under section 305(c), in
which case public notice shall be given immediately.
(D) Interested persons shall be permitted to present
oral or written statements regarding the matters on the
agenda at meetings. All written information submitted
to a Council by an interested person shall include a
statement of the source and date of such information.
Any oral or written statement shall include a brief
description of the background and interests of the
person in the subject of the oral or written statement.
(E) Detailed minutes of each meeting of the Council,
except for any closed session, shall be kept and shall
contain a record of the persons present, a complete and
accurate description of matters discussed and
conclusions reached, and copies of all statements
filed. The Chairman shall certify the accuracy of the
minutes of each such meeting and submit a copy thereof
to the Secretary. The minutes shall be made available
to any court of competent jurisdiction.
(F) Subject to the procedures established under
paragraph (4), and the guidelines prescribed by the
Secretary under section 402(b), relating to
confidentiality, the administrative record, including
minutes required under subparagraph (E), of each
meeting, and records or other documents which were made
available to or prepared for or by the Council,
committee, or panel incident to the meeting, shall be
available for public inspection and copying at a single
location in the offices of the Council or the
Secretary, as appropriate.
(3)(A) Each Council, the Council Coordination Committee
established under subsection (l), scientific and statistical
committee, other committees, and advisory panel--
(i) shall close any meeting, or portion thereof, that
concerns matters or information that bears a national
security classification; and
(ii) may close any meeting, or portion thereof, that
concerns matters or information that pertains to
national security, employment matters, or briefings on
litigation in which the Council is interested.
Subparagraphs (D) and (F) of paragraph (2) shall not apply to
any meeting or portion thereof that is so closed.
(B) If any meeting or portion is closed, the Council
concerned shall notify local newspapers in the major fishing
ports within its region (and in other major, affected fishing
ports), including in that notification the time and place of
the meeting. This subparagraph does not require notification
regarding any brief closure of a portion of a meeting in order
to discuss employment or other internal administrative matters.
(4) Each Council shall establish appropriate procedures
applicable to it and to its committee and advisory panels for
ensuring the confidentiality of the statistics that may be
submitted to it by Federal or State authorities, and may be
voluntarily submitted to it by private persons; including, but
not limited to, procedures for the restriction of Council
employee access and the prevention of conflicts of interest;
except that such procedures, in the case of statistics
submitted to the Council by a State or by the Secretary under
section 402(b), must be consistent with the laws and
regulations of that State, or with the procedures of the
Secretary, as the case may be, concerning the confidentiality
of the statistics.
(5) Each Council shall specify those procedures that are
necessary or appropriate to ensure that the committees and
advisory panels established under subsection (g) are involved,
on a continuing basis, in the development and amendment of
fishery management plans.
(6) At any time when a Council determines it appropriate to
consider new information from a State or Federal agency or from
a Council advisory body, the Council shall give comparable
consideration to new information offered at that time by
interested members of the public. Interested parties shall have
a reasonable opportunity to respond to new data or information
before the Council takes final action on conservation and
management measures.
(j) Disclosure of Financial Interest.--
(1) For the purposes of this subsection--
(A) the term ``affected individual'' means an
individual who--
(i) is nominated by the Governor of a
State for appointment as a voting
member of a Council in accordance with
subsection (b)(2); or
(ii) is a voting member of a Council
appointed--
(I) under subsection (b)(2);
or
(II) under subsection (b)(5)
who is not subject to
disclosure and recusal
requirements under the laws of
an Indian tribal government;
and
(B) the term ``designated official'' means a
person with expertise in Federal conflict-of-
interest requirements who is designated by the
Secretary, in consultation with the Council, to
attend Council meetings and make determinations
under paragraph (7)(B).
(2) Each affected individual must disclose any financial
interest held by--
(A) that individual;
(B) the spouse, minor child, or partner of that
individual; and
(C) any organization (other than the Council) in
which that individual is serving as an officer,
director, trustee, partner, or employee;
in any harvesting, processing, lobbying, advocacy, or marketing
activity that is being, or will be, undertaken within any
fishery over which the Council concerned has jurisdiction, or
with respect to an individual or organization with a financial
interest in such activity.
(3) The disclosure required under paragraph (2) shall be
made--
(A) in the case of an affected individual referred to
in paragraph (1)(A)(i), before appointment by the
Secretary; and
(B) in the case of an affected individual referred to
in paragraph (1)(A)(ii), within 45 days of taking
office.
(4) An affected individual referred to in paragraph
(1)(A)(ii) must update his or her disclosure form at any time
any such financial interest is acquired, or substantially
changed, by any person referred to in paragraph (2)(A), (B), or
(C).
(5) The financial interest disclosures required by this
subsection shall--
(A) be made on such forms, in accordance with such
procedures, and at such times, as the Secretary shall
by regulation prescribe;
(B) be kept on file by the Council and made available
on the Internet and for public inspection at the
Council offices during reasonable hours; and
(C) be kept on file by the Secretary for use in
reviewing determinations under paragraph (7)(B) and
made available for public inspection at reasonable
hours.
(6) The participation by an affected individual referred to
in paragraph (1)(A)(ii) in an action by a Council during any
time in which that individual is not in compliance with the
regulations prescribed under paragraph (5) may not be treated
as cause for the invalidation of that action.
(7)(A) After the effective date of regulations
promulgated under subparagraph (F) of this paragraph,
an affected individual required to disclose a financial
interest under paragraph (2) shall not vote on a
Council decision which would have a significant and
predictable effect on such financial interest. A
Council decision shall be considered to have a
significant and predictable effect on a financial
interest if there is a close causal link between the
Council decision and an expected and substantially
disproportionate benefit to the financial interest of
the affected individual relative to the financial
interests of other participants in the same gear type
or sector of the fishery. An affected individual who
may not vote may participate in Council deliberations
relating to the decision after notifying the Council of
the voting recusal and identifying the financial
interest that would be affected.
(B) At the request of an affected individual, or upon
the initiative of the appropriate designated official,
the designated official shall make a determination for
the record whether a Council decision would have a
significant and predictable effect on a financial
interest.
(C) Any Council member may submit a written request
to the Secretary to review any determination by the
designated official under subparagraph (B) within 10
days of such determination. Such review shall be
completed within 30 days of receipt of the request.
(D) Any affected individual who does not vote in a
Council decision in accordance with this subsection may
state for the record how he or she would have voted on
such decision if he or she had voted.
(E) If the Council makes a decision before the
Secretary has reviewed a determination under
subparagraph (C), the eventual ruling may not be
treated as cause for the invalidation or
reconsideration by the Secretary of such decision.
(F) The Secretary, in consultation with the Councils
and by not later than one year from the date of
enactment of the Sustainable Fisheries Act, shall
promulgate regulations which prohibit an affected
individual from voting in accordance with subparagraph
(A), and which allow for the making of determinations
under subparagraphs (B) and (C).
(8) Section 208 of title 18, United States Code, does not
apply to an affected individual referred to in paragraph
(1)(A)(ii) during any time in which that individual is in
compliance with the regulations prescribed under paragraph (5).
(9) On January 1, 2008, and annually thereafter, the
Secretary shall submit a report to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Resources on action taken by the
Secretary and the Councils to implement the disclosure of
financial interest and recusal requirements of this subsection,
including identification of any conflict of interest problems
with respect to the Councils and scientific and statistical
committees and recommendations for addressing any such
problems.
(k) Council Training Program.--
(1) Training course.--Within 6 months after the date
of enactment of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of
2006, the Secretary, in consultation with the Councils
and the National Sea Grant College Program, shall
develop a training course for newly appointed Council
members. The course may cover a variety of topics
relevant to matters before the Councils, including--
(A) fishery science and basic stock
assessment methods;
(B) fishery management techniques, data
needs, and Council procedures;
(C) social science and fishery economics;
(D) tribal treaty rights and native customs,
access, and other rights related to Western
Pacific indigenous communities;
(E) legal requirements of this Act, including
conflict of interest and disclosure provisions
of this section and related policies;
(F) other relevant legal and regulatory
requirements, including the National
Environmental Policy Act (42 U.S.C. 4321 et
seq.);
(G) public process for development of fishery
management plans;
(H) other topics suggested by the Council;
and
(I) recreational and commercial fishing
information, including fish harvesting
techniques, gear types, fishing vessel types,
and economics for the fisheries within each
Council's jurisdiction.
(2) Member training.--The training course shall be
available to both new and existing Council members,
staff from the regional offices and regional science
centers of the National Marine Fisheries Service, and
may be made available to committee or advisory panel
members as resources allow.
(3) Required training.--Council members appointed
after the date of enactment of the Magnuson-Stevens
Fishery Conservation and Management Reauthorization Act
of 2006 shall complete a training course that meets the
requirements of this section not later than 1 year
after the date on which they were appointed. Any
Council member who has completed a training course
within 24 months before the date of enactment of the
Magnuson-Stevens Fishery Conservation and Management
Reauthorization Act of 2006 shall be considered to have
met the training requirement of this paragraph.
(l) Council Coordination Committee.--The Councils may
establish a Council coordination committee consisting of the
chairs, vice chairs, and executive directors of each of the 8
Councils described in subsection (a)(1), or other Council
members or staff, in order to discuss issues of relevance to
all Councils, including issues related to the implementation of
this Act.
* * * * * * *
TITLE IV--FISHERY MONITORING AND RESEARCH
* * * * * * *
SEC. 407. GULF OF MEXICO RED SNAPPER RESEARCH.
(a) Independent Peer Review.--(1) Within 30 days of the date
of enactment of the Sustainable Fisheries Act, the Secretary
shall initiate an independent peer review to evaluate--
(A) the accuracy and adequacy of fishery statistics
used by the Secretary for the red snapper fishery in
the Gulf of Mexico to account for all commercial,
recreational, and charter fishing harvests and fishing
effort on the stock;
(B) the appropriateness of the scientific methods,
information, and models used by the Secretary to assess
the status and trends of the Gulf of Mexico red snapper
stock and as the basis for the fishery management plan
for the Gulf of Mexico red snapper fishery;
(C) the appropriateness and adequacy of the
management measures in the fishery management plan for
red snapper in the Gulf of Mexico for conserving and
managing the red snapper fishery under this Act; and
(D) the costs and benefits of all reasonable
alternatives to a limited access privilege program for
the red snapper fishery in the Gulf of Mexico.
(2) The Secretary shall ensure that commercial, recreational,
and charter fishermen in the red snapper fishery in the Gulf of
Mexico are provided an opportunity to--
(A) participate in the peer review under this
subsection; and
(B) provide information to the Secretary concerning
the review of fishery statistics under this subsection
without being subject to penalty under this Act or
other applicable law for any past violation of a
requirement to report such information to the
Secretary.
(3) The Secretary shall submit a detailed written report on
the findings of the peer review conducted under this subsection
to the Gulf Council no later than one year after the date of
enactment of the Sustainable Fisheries Act.
(b) Prohibition.--In addition to the restrictions under
section 303(d)(1)(A), the Gulf Council may not, prior to
October 1, 2002, undertake or continue the preparation of any
fishery management plan, plan amendment or regulation under
this Act for the Gulf of Mexico commercial red snapper fishery
that creates an individual fishing quota program or that
authorizes the consolidation of licenses, permits, or
endorsements that result in different trip limits for vessels
in the same class.
(c) Referendum.--
(1) On or after October 1, 2002, the Gulf Council may
prepare and submit a fishery management plan, plan
amendment, or regulation for the Gulf of Mexico
commercial red snapper fishery that creates a limited
access privilege program or that authorizes the
consolidation of licenses, permits, or endorsements
that result in different trip limits for vessels in the
same class, only if the preparation of such plan,
amendment, or regulation is approved in a referendum
conducted under paragraph (2) and only if the
submission to the Secretary of such plan, amendment, or
regulation is approved in a subsequent referendum
conducted under paragraph (2).
(2) The Secretary, at the request of the Gulf
Council, shall conduct referendums under this
subsection. Only a person who held an annual vessel
permit with a red snapper endorsement for such permit
on September 1, 1996 (or any person to whom such permit
with such endorsement was transferred after such date)
and vessel captains who harvested red snapper in a
commercial fishery using such endorsement in each red
snapper fishing season occurring between January 1,
1993, and such date may vote in a referendum under this
subsection. The referendum shall be decided by a
majority of the votes cast. The Secretary shall develop
a formula to weigh votes based on the proportional
harvest under each such permit and endorsement and by
each such captain in the fishery between January 1,
1993, and September 1, 1996. Prior to each referendum,
the Secretary, in consultation with the Council,
shall--
(A) identify and notify all such persons
holding permits with red snapper endorsements
and all such vessel captains; and
(B) make available to all such persons and
vessel captains information about the schedule,
procedures, and eligibility requirements for
the referendum and the proposed individual
fishing quota program.
[(d) Catch Limits.--Any fishery management plan, plan
amendment, or regulation submitted by the Gulf Council for the
red snapper fishery after the date of enactment of the
Sustainable Fisheries Act shall contain conservation and
management measures that--
[(1) establish separate quotas for recreational
fishing (which, for the purposes of this subsection
shall include charter fishing) and commercial fishing
that, when reached, result in a prohibition on the
retention of fish caught during recreational fishing
and commercial fishing, respectively, for the remainder
of the fishing year; and
[(2) ensure that such quotas reflect allocations
among such sectors and do not reflect any harvests in
excess of such allocations.]
(d) Catch Limits.--Any fishery management plan, plan
amendment, 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--
(1) establish separate catch limits for each of--
(A) private recreational fishing;
(B) federally permitted charter fishing; and
(C) commercial fishing; and
(2) ensure that such catch limits reflect allocations
among such sectors and do not reflect any harvests in
excess of such allocations.
(e) State Exclusive Authority Over Private Recreational Red
Snapper Fishing Seasons in the Gulf of Mexico.--
(1) Exclusive authority.--
(A) In general.--Except as provided in
subparagraph (B) and paragraph (5), and subject
to paragraph (4) and section 306(b), each of
the Gulf States shall have exclusive authority
to establish for each of fishing years 2018
through 2024 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 (2).
(B) Special rule for florida.--With respect
to the State of Florida, the exclusive
authority provided under subparagraph (A) shall
apply only to waters adjacent to the State of
Florida in the Gulf of Mexico.
(2) Extended red snapper management zone described.--
(A) In general.--For purposes of this
subsection, the extended red snapper management
zone of a Gulf State consists of all waters
that are--
(i) seaward of the State seaward
boundary of such Gulf State;
(ii) not further from shore than the
25-fathom line described under
subparagraph (B); and
(iii) between the projected lines
determined for that State under section
4(a)(2)(A) of the Outer Continental
Shelf Lands Act (43 U.S.C.
1333(a)(2)(A)).
(B) Description of line.--
(i) In general.--Not later than 60
days after the date of the enactment of
the RED SNAPPER Act and subject to
clause (ii), the Secretary shall
publish in the Federal Register and
make available on the website of the
Department of Commerce a description
of, and map showing, a continuous line
in waters of the exclusive economic
zone in the Gulf of Mexico along the
coasts of the Gulf States, that is
comprised of points that are, on
average, 25 fathoms in depth.
(ii) Minimum distance.--No point on
such continuous line shall be less than
25 nautical miles from the shore.
(iii) Consultation with states.--In
determining the placement of such
continuous line, the Secretary shall
consult with appropriate agencies of
each Gulf State.
(3) Criteria.--In determining a fishing season under
this subsection, a Gulf State shall--
(A) to the extent practicable, ensure
sustainable and responsible fishery management
consistent with the national standards for
fishery conservation and management in section
301; and
(B) include--
(i) the most recent stock assessment
for the red snapper in the Gulf of
Mexico;
(ii) surveys of red snapper in the
Gulf of Mexico certified under
subsection (g);
(iii) data related to red snapper in
the Gulf of Mexico collected by the
Gulf States Marine Fisheries
Commission, nongovernmental
organizations, and nongovernmental
sources, including fishermen,
universities, and research
institutions;
(iv) consideration of the duration of
the fishing seasons for red snapper
within the State's seaward boundary;
(v) 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 (2)(A);
and
(vi) relevant data from independent
biological surveys, 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 (2).
(4) Limitation with respect to charter fishing.--The
authority of a State under paragraph (1) does not apply
with respect to the timing or duration of the charter
fishing season.
(5) Secretarial action to address adverse effects of
state actions.--For purposes of section 306(b)(1), the
extended red snapper management zone of a State under
this subsection shall be treated as within the
boundaries of such State.
(6) Report.--Not later than 150 days before the end
of the 2024 fishing year and biannually thereafter, the
Secretary shall submit a report to the Committee on
Commerce, Science, 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 Mexico. The report shall--
(A) be based upon the boundaries prescribed
in paragraph (2);
(B) describe the impact of the criteria
listed under paragraph (3); and
(C) include results of the NOAA Fisheries
Southeast Region head boat surveys.
(7) Relationship to other federal authority and
requirements.--Nothing in this subsection affects the
authority of the Secretary under any other provision of
law--
(A) to establish the acceptable biological
catch and total allowable catch of red snapper
in the Gulf of Mexico; or
(B) to establish any limited access privilege
program for the commercial harvest of red
snapper in the Gulf of Mexico.
(8) 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 waters.
(f) State Seaward Boundary.--Notwithstanding any other
provision of law, for the purpose of management of red snapper
fisheries in the Gulf of Mexico, the seaward boundary of a Gulf
State is a line 9 nautical miles seaward from the baseline from
which the territorial sea of the United States is measured.
(g) Acceptable Biological Catch, Total Allowable Catch, and
Certified State Surveys; Allocation.--
(1) Inclusion of certified state surveys.--In
establishing the acceptable biological catch and total
allowable catch for red snapper in the Gulf of Mexico,
the Secretary shall include--
(A) Gulf State recreational fisheries surveys
that are certified under subsection (h); and
(B) data related to red snapper in the Gulf
of Mexico collected by the Gulf States Marine
Fisheries Commission, nongovernmental
organizations, and other nongovernmental
sources, including universities and research
institutions.
(2) Allocation and duration of commercial and
federally permitted charter season.--Beginning in
fishing year 2018, the percentage of the total
allowable catch of red snapper, and the duration of the
red snapper fishing season in the Gulf of Mexico--
(A) for the commercial fishing sector shall
be the same as such percentage and duration,
respectively, that applied for the most recent
fishing year, unless amended by the Secretary;
and
(B) 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 year, unless
amended by the Secretary.
(3) 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 prohibited.
(h) State Surveys.--
(1) 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
certification.
(2) Certification.--
(A) In general.--The Secretary shall make a
certification or a denial of certification for
any survey submitted under paragraph (1) not
later than the end of the 6-month period
beginning on the date the survey is submitted.
(B) 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 certification.
(3) Modification of surveys denied certification.--
(A) In general.--If a survey of a Gulf State
is denied certification under paragraph (2),
the Secretary shall, not later than 60 days
after the date of the denial, provide the Gulf
State a proposal for modifications to the
survey.
(B) Proposal.--A proposal provided to a Gulf
State for a survey under subparagraph (A)--
(i) shall be specific to the survey
submitted by such Gulf State and may
not be construed to apply to any other
Gulf State;
(ii) shall require revision to the
fewest possible provisions of the
survey; and
(iii) may not unduly burden the
ability of such Gulf State to revise
the survey.
(C) Modified survey.--
(i) Authority to submit.--If a survey
of a Gulf State was denied
certification under paragraph (2), the
Gulf State may modify the survey and
submit the modified survey to the
Secretary for certification or denial
of certification.
(ii) Schedule.--The Secretary shall
make a certification or denial of
certification for any modified survey
not later than the end of the 30-day
period beginning on the date the
modified survey is submitted.
(iii) Deemed certified.--A modified
survey is deemed to be certified
effective upon the expiration of the
period described in clause (ii) if the
Secretary has not made a certification
or denial of certification.
(i) 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 barotrauma.
(j) Construction.--Nothing in this section may be construed
to alter--
(1) any commercial catch share program for Gulf of
Mexico red snapper;
(2) any Federal program related to charter fishing;
or
(3) the fishing gear that may be used in the red
snapper fishery in the Gulf of Mexico.
(k) Definitions.--In this section:
(1) Gulf state.--The term ``Gulf State'' means each
of the States of Texas, Louisiana, Mississippi,
Alabama, or Florida.
(2) Red snapper.--The term ``red snapper'' means the
species Lutjanus campechanus.
* * * * * * *
DISSENTING VIEWS
At its core, H.R. 3588 is an attempt backed by a small
group of well-funded and politically connected recreational
fishermen to reallocate the Gulf of Mexico red snapper quota
from commercial fishermen to private boat anglers. It is not
based on sound science or sound economics, and would lead to
significant hardship for seafood related businesses along the
Gulf Coast. The bill is opposed by the National Restaurant
Association and a host of chefs, businesses, commercial and
recreational fishing groups, and conservation organizations.
We understand the frustrations of recreational anglers and
Members of Congress who see and hear about an abundance of red
snapper in the Gulf of Mexico while at the same time watching
the federal waters season shrink to only a handful of days.
However, while the politics of this situation are complicated,
the arithmetic is not. More recreational anglers are taking
more trips targeting red snapper and are catching them at a
faster rate than the still-overfished stock is rebuilding. The
Gulf States continue to set liberal seasons in their waters,
resulting in a smaller share of the quota available to be
harvested in the EEZ. And private boat anglers have been
hesitant to submit catch data that can be used to accurately
monitor and predict harvest from that sector.
The Trump Administration has exacerbated this problem, not
solved it, by extending the private boat recreational red
snapper season in the Gulf this year 15 times longer than was
recommended by NOAA scientists and managers. That has led to
massive overfishing and legal challenges that could hamstring
the fishery for years to come. H.R. 3588 would do further
damage to this economically important stock, and we cannot
support it.
Instead of using creative management approaches already
allowed by law to lengthen the red snapper season, H.R. 3588
would turn red snapper management over to the five Gulf States.
It would allow the states to determine recreational seasons,
extend their management jurisdiction over thousands of square
miles of the Gulf without funding for law enforcement, and
ignore science-based annual catch limits set by the Gulf of
Mexico Fishery Management Council. The bill would also force
NOAA and Council scientists to accept and use data from states
and fishermen, even if that data has no real scientific value.
Commercial red snapper fishermen have used the fisheries
management process under the Magnuson-Stevens Act to develop an
economically and environmentally sustainable solution for their
fishery. Charter captains have done the same, and the head boat
fleet is moving in that direction. It is only private boat
anglers that have resisted working through the Gulf Council,
hoping instead that Congress will give them everything they
want at the expense of others. This is not how our fisheries
should be managed. Instead, all of the stakeholders need to sit
at the table together and develop solutions that allow them to
utilize the resources in a responsible manner. Even in the few
cases where fisheries in the EEZ are managed outside of
Magnuson--such as Dungeness crab on the West Coast--that is
what Congress has required. For those reasons, we must oppose
this bill as reported.
Raul M. Grijalva,
Ranking Member, Committee on
Natural Resources.
Niki Tsongas.
Darren Soto.
Grace F. Napolitano.
Jared Huffman.
[all]