Sec. 2. State exclusive fishery management authority over private recreational red snapper fishing seasons in the Gulf of Mexico
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Section 407 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1883 ) is amended by striking subsection
(d)and inserting the following: 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— establish separate catch limits for each of— private recreational fishing; federally permitted charter fishing; and commercial fishing; and ensure that such catch limits reflect allocations among such sectors and do not reflect any harvests in excess of such allocations. 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). 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. For purposes of this subsection, the extended red snapper management zone of a Gulf State consists of all waters that are— seaward of the State seaward boundary of such Gulf State; not further from shore than the 25-fathom line described under subparagraph (B); and 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) ). 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. No point on such continuous line shall be less than 25 nautical miles from the shore. In determining the placement of such continuous line, the Secretary shall consult with appropriate agencies of each Gulf State. In determining a fishing season under this subsection, a Gulf State shall— to the extent practicable, ensure sustainable and responsible fishery management consistent with the national standards for fishery conservation and management in section 301; and include— the most recent stock assessment for the red snapper in the Gulf of Mexico; surveys of red snapper in the Gulf of Mexico certified under subsection (g); 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; consideration of the duration of the fishing seasons for red snapper within the State’s seaward boundary; 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 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). The authority of a State under paragraph
(1)does not apply with respect to the timing or duration of the charter fishing season. 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. 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— be based upon the boundaries prescribed in paragraph (2); describe the impact of the criteria listed under paragraph (3); and include results of the NOAA Fisheries Southeast Region head boat surveys. Nothing in this subsection affects the authority of the Secretary under any other provision of law— to establish the acceptable biological catch and total allowable catch of red snapper in the Gulf of Mexico; or to establish any limited access privilege program for the commercial harvest of red snapper in the Gulf of Mexico. Nothing in this subsection affects the authority of a Gulf State over the territorial waters of such State and fishing in such waters. . Section 101(a) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1811 ) is amended by striking 102, and inserting 102 and section 407(e), . Section 302(a)(1)(E) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1852(a)(1)(E) ) is amended by striking paragraph (3)). and inserting paragraph
(3)of this subsection and section 407(e)). . Section 407 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1883 ) is further amended by adding at the end the following: 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. .
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Sec. 2
State exclusive fishery management authority over private recreational red snapper fishing seasons in the Gulf of Mexico
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