Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

115th Congress      }                                {          Report
                        HOUSE OF REPRESENTATIVES
 2d Session         }                                {        115-1047

======================================================================



 
                            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\
---------------------------------------------------------------------------
    \1\FishWatch, National Oceanic and Atmospheric Administration 
(NOAA): Red Snapper, (Feb. 28, 2014).
    \2\Id.
    \3\Id.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \13\NOAA: NOAA Catch Share Policy.
    \14\Id.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \15\Gulf of Mexico Fishery Management Council, Final Amendment 28 
to the Reef Fish Resources of the Gulf of Mexico, (August 2015).
    \16\Id.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \26\H.R. 3094, Gulf States Red Snapper Management Authority Act, 
introduced by Rep Garret Graves (R-LA), 114th Congress.
---------------------------------------------------------------------------

                      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).
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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]