[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 108 Introduced in House (IH)]





107th CONGRESS
  1st Session
                                H. R. 108

 To establish a moratorium on bottom trawling and use of other mobile 
fishing gear on the seabed in certain areas off the coast of the United 
                                States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2001

  Mr. Hefley introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To establish a moratorium on bottom trawling and use of other mobile 
fishing gear on the seabed in certain areas off the coast of the United 
                                States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Seabed Protection Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) More than \2/3\ of Earth's surface is covered by 
        oceans.
            (2) The oceans and marine waters contain a greater variety 
        of forms of life than exists on land, and scientists are 
        continually discovering new forms of life in previously 
        unexplored, unique habitats.
            (3) The earth's human population is dependent upon the 
        products of the oceans for income, nutrition, medicines, raw 
        materials, and valuable natural services such as climate 
        regulation, flood control, and storm surge protection.
            (4) The practice and technology of bottom trawling and use 
        of other mobile fishing gear on the seabed has increased to the 
        point that an area of seabed twice the size of the contiguous 
        United States is affected by these practices each year.
            (5) These practices result in a loss of biological 
        diversity, which is detrimental not only to the ocean 
        environment itself but also to the industries and people that 
        depend on that environment.
            (6) Little is known about the recoverability of the seabed 
        from the effects of bottom trawling and use of other mobile 
        fishing gear on the seabed. However, due to the slow rates of 
        growth and reproduction of some marine species, it is believed 
        that full recovery in some areas may take decades or centuries.

SEC. 3. MORATORIUM.

    (a) In General.--Notwithstanding any provision of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.), no person may engage in bottom trawling or use of other mobile 
fishing gear on the seabed in any marine area described in subsection 
(b), until--
            (1) the National Marine Fisheries Service has completed a 
        study and determined the effects of those practices in those 
        areas;
            (2) the Secretary of Commerce has determined, based on 
        findings of such a study and other pertinent scientific 
        information, that the impacts of bottom trawling and such other 
        mobile fishing gear on biodiversity, marine habitat, and 
        productivity of fish stocks is negligible; and
            (3) the Secretary of Commerce has approved and implemented 
        fishery management plans for those areas, that--
                    (A) are developed by the appropriate regional 
                fishery management councils in accordance with that 
                Act;
                    (B) encourage the use of fishing gears that are 
                less destructive of habitat than bottom trawling and 
                other mobile fishing gear on the seabed; and
                    (C) prohibit use of bottom trawling and other 
                mobile fishing gear practices that threaten the 
                continued sustainability of ecosystems in those areas.
    (b) Marine Areas Described.--
            (1) In general.--The marine areas referred to in subsection 
        (a) are the following:
                    (A) The Heceta Banks, located off the coast of 
                Oregon, 125 00' w-124 45' w/ 43 55' n-44 15' n.
                    (B) Cordell Bank, located off the coast of central 
                California, 123 20' w-123 38' w/ 37 55' n-30 05' n.
                    (C) The Gulf of the Farallones outside of the line 
                that is three miles from the coastline, located off the 
                coast of California, 122 35' w-123 15''w/ 37 30' n-38 
                05' n.
                    (D) Tanner and Cortez Banks, located off the coast 
                of southern California, 119 00' w-119 25' w/ 32 50 n-32 
                20' n.
                    (E) Punta Gorda, located off the coast of northern 
                California, 124 23' w-124 50' w/ 4-20' n-40 10' n.
                    (F) Cape Blanco, located off the coast of Oregon, 
                124 42' w-124 55' w/ 42 40' n-43 00n.
                    (G) Florida Middle Grounds located in the Gulf of 
                Mexico off the coast of Florida, 84 40'w-85 15' w/ 28 
                10'n-28 55n.
                    (H) Dry Tortugas, located in the Gulf of Mexico off 
                the coast of Florida, 82 40'2w-83 10'w/ 24 30'n 24 
                50'n.
                    (I) Nantucket Shoals, located off the coast of Cape 
                Cod, Massachusetts, 69 00'w-70 20'w/ 40 30'n-41 00'n.
                    (J) Jeffrey's Ledge, Tillies Bank, and Stellwagon 
                Bank, located in the Gulf of Maine, 69 50'w-70 30'w/42 
                08'n-43 15'n.
                    (K) Cashes Ledge, located in the Gulf of Maine, 68 
                40'w-69 15'w/42 30'n-43 15'n.
                    (L) Stonewall Bank of the central Oregon coast, 124 
                20'w-124 28'w/44 27'n-44 39'n.
                    (M) Rogue River Reef off the southern Oregon coast, 
                124 35'w-124 50'w/42 25'n-42 35'n.
            (2) Further description by secretary.--For purposes of this 
        Act, the Secretary of Commerce may more particularly describe 
        the areas listed in paragraph (1).
    (c) Report.--The Secretary of Commerce shall report annually to the 
Committee on Resources of the House of Representatives and the 
Committee on Commerce of the Senate regarding the recovery of areas 
described in subsection (b) from the effects of bottom trawling and use 
of other mobile fishing gear on the seabed.
    (d) Limitation on Application.--Subsection (a) shall not apply to 
an area after the date the Secretary publishes a finding that there are 
in effect, under State law or a fishery management plan under the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.), measures that are at least as effective as subsection 
(a) in maintaining the sustainability of ecosystems in that area.
    (e) Definitions.--In this section:
            (1) Negligible.--The term ``negligible'' means--
                    (A) insufficient to diminish the productivity of 
                fish stocks; and
                    (B) insufficient to significantly reduce other 
                marine life.
            (2) Sustainability of ecosystems.--The term 
        ``sustainability of ecosystems'' means the capability of 
        ecosystems to--
                    (A) maintain productivity of fish stocks at maximum 
                sustainable yield specified for those fish stocks in 
                fishery management plans in effect under the Magnuson-
                Stevens Fishery Conservation and Management Act (16 
                U.S.C. 1801 et seq.); and
                    (B) maintain types and abundances of other marine 
                species normally found within similar areas that are 
                not subject to bottom trawling and other mobile fishing 
                gear practices.
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