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H.R. 1219 (113th): Gulf Fisheries Fairness Act


The text of the bill below is as of Mar 15, 2013 (Introduced). The bill was not enacted into law.


I

113th CONGRESS

1st Session

H. R. 1219

IN THE HOUSE OF REPRESENTATIVES

March 15, 2013

introduced the following bill; which was referred to the Committee on Natural Resources

A BILL

To amend the Magnuson-Stevens Fishery Conservation and Management Act to provide that each of the States of Texas, Louisiana, Mississippi, Alabama, and Florida have exclusive fishery management authority over reef fish in the Gulf of Mexico in waters that, on average, are 20 fathoms or less in depth, and for other purposes.

1.

Short title

This Act may be cited as the Gulf Fisheries Fairness Act .

2.

State exclusive fishery management authority over reef fish in the Gulf of Mexico

(a)

In general

The Magnuson-Stevens Fishery Conservation and Management Act is amended—

(1)

in section 101 (16 U.S.C. 1811)

(A)

in subsection (a), by inserting and subsection (c) of this section after section 102 ; and

(B)

by adding at the end the following:

(c)

State exclusive fishery management authority over reef fish in the Gulf of Mexico

(1)

In general

Each of the States of Texas, Louisiana, Mississippi, Alabama, and Florida shall have exclusive fishery management authority over all Gulf reef fish in all waters that are—

(A)

within the exclusive economic zone in the Gulf of Mexico;

(B)

not further from shore than the line described under paragraph (2); and

(C)

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) ).

(2)

Description of line

(A)

In general

The Secretary shall publish 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 States referred to in paragraph (1), that is comprised of points that are, on average, 20 fathoms in depth.

(B)

Minimum distance

No point on such line shall be less than 9 nautical miles from the baseline from which the territorial sea of the United States is measured.

(3)

Prohibition on limiting authority to fish under Federal law

The Secretary may not suspend, revoke, terminate, or otherwise limit the authority of any person under Federal law to engage in fishing, based on fishing by the person for Gulf reef fish in waters that are subject to the exclusive fishery management authority of a State under this subsection.

(4)

Gulf reef fish defined

In this subsection the term Gulf reef fish means all fish listed in table 3 of appendix A to part 622 of title 50, Code of Federal Regulations (as in effect on the date of enactment of this subsection).

; and

(2)

in section 302(a)(1)(E) ( 16 U.S.C. 1852(a)(1)(E) ), by inserting of this subsection and section 101(c) after paragraph (3).

(b)

Deadline

The Secretary of Commerce shall publish the 20-fathom line description and map required under the amendment made by subsection (a)(1) by not later than 30 days after the date of the enactment of this Act.

(c)

Termination of application of more restrictive Federal regulations

Sections 622.4(a)(1)(iv) and 622.4(a)(2)(v) of title 50, Code of Federal Regulations, as in effect on the date of enactment of this Act, and any substantially similar regulation, shall not apply with respect to waters described in section 101(c)(1) of the Magnuson-Stevens Fishery Conservation and Management Act, as amended by this section.