[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4897 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4897

    To protect deep sea corals and sponges, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2004

  Mr. Greenwood (for himself, Mr. Pallone, Mr. Saxton, Mr. Weldon of 
Pennsylvania, Mr. Shays, Mr. Farr, Mr. Sanders, Mrs. Capps, Mr. George 
 Miller of California, Mr. Case, Mr. Honda, Mr. Doggett, Mr. Grijalva, 
   Mr. Van Hollen, Mr. Moran of Virginia, Mr. Wexler, Mr. Engel, Ms. 
    Woolsey, Ms. Bordallo, Mr. Faleomavaega, Ms. Loretta Sanchez of 
  California, Mr. Kucinich, and Mr. Gerlach) introduced the following 
bill; which was referred to the Committee on Resources, and in addition 
to the Committee on Science, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To protect deep sea corals and sponges, and for other purposes.

    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 ``Deep Sea Coral Protection Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Ecosystem-based management of our marine environment 
        has been recommended by numerous reports and advisory bodies, 
        including the Pew Oceans Commission and the United States 
        Commission on Ocean Policy. On the subject of corals, including 
        deep sea corals, both commission reports recommended both the 
        continued study and protection of coral ecosystems.
            (2) Complex seafloor habitats created by structure-forming 
        organisms including deep sea corals and sponges are essential 
        to numerous fish species, including commercially and 
        recreationally targeted species, which rely on such complex 
        habitats for spawning, food, and shelter from predation. For 
        example, more than 1,300 species live among lophelia coral 
        reefs in the Northeastern Atlantic Ocean.
            (3) Deep sea corals typically exhibit slow growth, extreme 
        longevity, and highly patchy distribution predominately along 
        continental margins, seamounts, undersea canyons, and ridges.
            (4) Living organisms, such as deep sea corals and sponges, 
        that create complex habitat have not been adequately studied 
        for the potential benefit to society or for the ecological 
        importance that such organisms provide to fish species and 
        other forms of marine life.
            (5) Some deep sea corals have a growth ring structure that 
        provides a living record of changes in water temperature and 
        other information that can be used to track global climate 
        change over time.
            (6) Deep sea corals are a future source of new biomedical 
        compounds for the pharmaceutical and biotechnical industries.
            (7) The exceptional diversity, uniqueness, and 
        vulnerability of deep sea corals necessitates that the mapping 
        and conservation of such species be given a high priority.
            (8) There is national and international recognition of the 
        importance of deep sea coral habitats. The European Union, 
        Australia, New Zealand, Canada, and Norway have prohibited the 
        use of fishing gear that employs mobile bottom-tending fishing 
        gear in some areas where deep sea corals exist. Further, 
        several of the Councils have taken action to protect the 
        fragile habitat of deep sea corals.
            (9) Deep sea coral habitats are subject to growing human 
        pressures, particularly as a result of the rapid spread of deep 
        sea mobile bottom-tending fisheries into new regions and new 
        grounds, aided by the development of navigational, fish-
        finding, and other technologies.
            (10) The National Research Council found that 95 percent of 
        the damage to deep sea corals is caused by bottom trawls. In 
        the National Research Council 2002 report to the Congress on 
        the effects of trawling and dredging on seafloor habitats, the 
        National Research Council stated that we currently have enough 
        information about the destruction of structured habitats caused 
        by bottom trawling/dredging and recommend for their immediate 
        protection through the use of no bottom trawl/dredge zones.

SEC. 3. POLICY.

    It is the policy of the United States to employ preventative and 
precautionary strategies to protect deep sea corals and sponges, 
including the protection of such organisms as are found in the 
continental margins, canyons, seamounts, and ridges of the world's 
oceans, and the habitats of such organisms from damage from gear and 
equipment used in commercial fishing, particularly mobile bottom-
tending gear.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Coral management area.--The term ``Coral Management 
        Area'' means an area designated as a Coral Management Area 
        under section 9.
            (2) Coral study area.--The term ``Coral Study Area'' means 
        an area designated as a Coral Study Area under section 8.
            (3) Council.--The term ``Council'' means any regional 
        fishery management council established by section 302 of the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1852).
            (4) Deep sea coral and sponge ecosystem.--The term ``deep 
        sea coral and sponge ecosystem'' means a community of living 
        deep sea coral or sponge species, the benthic and non-benthic 
        species associated with them, and the living and nonliving 
        physical and chemical components that constitute habitat for 
        corals and sponges.
            (5) Deep sea corals.--The term ``deep sea corals'' means 
        all species of the phylum Cnidaria in the orders Antipatharia 
        (black corals), Scleractinia (stony corals), Gorgonacea (horny 
        corals), Alcyonacea (soft corals), and Pennatulacea (sea pens) 
        of the class Anthozoa, and in the order Hydrocorallina 
        (hydrocorals) of the class Hydrozoa, that occur at a depth of 
        50 meters or more and do not contain symbiotic algae.
            (6) Deep sea sponge.--The term ``deep sea sponge'' means 
        any species of the phylum Porifera that occur at a depth of 50 
        meters or more.
            (7) Exclusive economic zone.--The term ``exclusive economic 
        zone'' has the meaning given that term in section 3 of the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1802).
            (8) Mobile bottom-tending fishing gear.--The term ``mobile 
        bottom-tending fishing gear'' means any trawl or dredge fishing 
        gear that contacts the seafloor while in use, including pelagic 
        fishing gear that contacts the seafloor while in use, otter 
        trawls, and scallop dredges.
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.

SEC. 5. MAPPING AND RESEARCH.

    (a) Requirement for Mapping and Research.--The Secretary shall 
direct the Under Secretary of Commerce for Oceans and Atmosphere to 
carry out a comprehensive program to explore, research, identify, and 
map deep sea corals and sponges, that--
            (1) includes an annual research strategy that compares 
        areas open to mobile bottom-tending gear with areas designated 
        as Coral Management Areas; and
            (2) prioritizes Coral Study Areas for evaluation to 
        determine whether--
                    (A) their designation as such areas should be 
                terminated; and
                    (B) they should be designated as Coral Management 
                Areas.
    (b) Description of Mapping and Research.--The comprehensive program 
carried out under subsection (a) shall include--
            (1) creating maps of the locations of deep sea coral and 
        sponge ecosystems; and
            (2) conducting research related to deep sea corals and 
        sponges and the habitats of deep sea corals and sponges, 
        including--
                    (A) the natural history of such species;
                    (B) taxonomic classification of such species;
                    (C) ecological role of such species; and
                    (D) the benefits of such species and habitats.

SEC. 6. DATA REVIEW AND RECOMMENDATIONS.

    (a) Requirement for Review.--At least once every 2 calendar years, 
the Secretary shall appoint an advisory panel from a list of names 
recommended by the Chair of the National Research Council to review all 
available data related to deep sea corals and deep sea sponges. Such 
data shall include--
            (1) data related to the analysis of bycatch carried out 
        under section 8(a);
            (2) data related to the research carried out under section 
        5; and
            (3) data obtained from any Federal agency under subsection 
        (b).
    (b) Data From Federal Entities.--The head of any Federal agency 
that holds information related to the ocean floor, specifically 
including information related to the habitat of deep sea corals and 
deep sea sponges, shall, upon request, furnish such information to the 
Secretary who shall make it available to the Advisory Panel.
    (c) Recommendations.--
            (1) In general.--Not later than 30 days after completing 
        the annual review required by subsection (a), the advisory 
        panel shall submit to the Secretary a recommendation that--
                    (A) each area identified as a deep sea coral and 
                sponge ecosystem in such annual review be designated as 
                a Coral Management Area; and
                    (B) any area containing a potential or actual deep 
                sea coral and sponge ecosystem for which additional 
                research is needed be designated as a Coral Study Area.
            (2) Publication.--The Secretary shall publish in the 
        Federal Register a notice of availability of each 
        recommendation submitted to the Secretary under paragraph (1).

SEC. 7. PROHIBITION ON USE OF MOBILE BOTTOM-TENDING FISHING GEAR IN 
              CORAL STUDY AREAS AND CORAL MANAGEMENT AREAS.

    (a) Closure Upon Designation.--The use of all mobile bottom-tending 
fishing gears is prohibited in any area designated as a Coral Study 
Area or a Coral Management Area.
    (b) Other Measures not Restricted.--Nothing in this Act shall 
restrict the ability of the Secretary of Commerce, acting on his or her 
own or with the advice of the appropriate Council, to promulgate 
stronger fishery or habitat protection measures, as authorized under 
other laws, within a Coral Study Area or Coral Management Area.
    (c) Savings Clause.--All rules and regulations issued by the 
Secretary under the Magnuson-Stevens Fishery Management and 
Conservation Act pertaining to coral conservation, management, or 
protection shall continue to apply after the date of enactment of this 
Act until modified or rescinded by the Secretary pursuant to the 
requirements of this Act.

SEC. 8. CORAL STUDY AREAS.

    (a) Study Areas Identified Through Fishing Records.--The Secretary 
shall designate as a Coral Study Area any area that is located within 
the exclusive economic zone for which--
            (1) records of commercial fishing trips maintained by the 
        National Marine Fisheries Service demonstrate that the area has 
        not been fished using mobile bottom-tending gear during the 3-
        year period ending prior to the enactment of this Act and for 
        which records are available; or
            (2) there are no reliable records maintained by the 
        National Marine Fisheries Service regarding such fishing, and 
        that the Secretary determines is beyond the reasonable depth 
        limits of mobile bottom-tending fishing gear currently in use.
    (b) Study Areas Identified Through Bycatch Records, Research, or 
Mapping.--The Secretary shall review on a continuing basis bycatch 
records, research, mapping, and survey data obtained from areas of the 
Exclusive Economic Zone open to fishing with commercial mobile bottom-
tending gear to determine if these data indicate the actual or 
potential presence of a deep sea coral and sponge ecosystem. If the 
Secretary determines that the data indicate the actual or potential 
presence of a deep sea coral and sponge ecosystem, the Secretary shall 
designate the area as a Coral Study Area. The designation shall expire 
upon decision by the Secretary to terminate the designation pursuant to 
subsection (d) of this section.
    (c) Study Areas Recommended by the Advisory Panel.--
            (1) Proposed rule.--Not later than 30 days after receiving 
        a recommendation pursuant to section 6(c)(1)(B), the Secretary 
        shall publish in the Federal Register a proposed rule to 
        designate any recommended area as a Coral Study Area.
            (2) Comment period.--The Secretary shall accept comments on 
        any proposed rule published under paragraph (1) for 60 days 
        after the date of the publication of such proposed rule.
            (3) Final determination.--Not later than 120 days after the 
        publication of such proposed rule, the Secretary shall 
        designate the area recommended under section 6(c)(1)(B) as a 
        Coral Study Area unless the Secretary finds no rational basis 
        for the recommendation.
    (d) Termination of Study Area Designation.--The Secretary, sua 
sponte or upon recommendation of the Council having advisory duties for 
the fisheries of the area, may determine that an area or part of an 
area that is designated as a Coral Study Area pursuant to subsections 
(a), (b), or (c) shall no longer be designated as a Coral Study Area, 
if the area is--
            (1) designated as a Coral Management Area pursuant to 
        section 9; or
            (2) does not warrant designation as a Coral Management Area 
        pursuant to the criteria in subsection 9(b) and is reopened to 
        mobile bottom-tending fishing gears, unless the use of mobile 
        bottom-tending fishing gear in such area is prohibited by any 
        other provision of law.

SEC. 9. CORAL MANAGEMENT AREAS.

    (a) Initial Designations.--Each area bounded by the following 
coordinates is designated as a Coral Management Area:
            (1) Alaska deep sea coral gardens.--
                    (A) Adak Canyon 51 deg.38'59'' N. x 177 deg.03'00'' 
                W., 51 deg.38'59'' N. x 177 deg.00'00'' W., 
                51 deg.30'00'' N. x 177 deg.00'00'' W., 51 deg.30'00'' 
                N. x 177 deg.03'00'' W.
                    (B) Bobrof Island 51 deg.57'36'' N. x 
                177 deg.29'24'' W., 51 deg.57'36'' N. x 177 deg.19'48'' 
                W., 51 deg.51'35'' N. x 177 deg.19'48'' W., 
                51 deg.51'35'' N. x 177 deg.29'24'' W.
                    (C) Cape Moffet 51 deg.55'47'' N. x 176 deg.52'47'' 
                W., 51 deg.55'47'' N. x 176 deg.48'36'' W., 
                51 deg.58'11'' N. x 176 deg.46'48'' W., 52 deg.00'00'' 
                N. x 176 deg.46'48'' W., 52 deg.00'00'' N. x 
                176 deg.52'47'' W.
                    (D) Great Sitkin 52 deg.09'35'' N. x 
                176 deg.12'36'' W., 52 deg.09'35'' N. x 176 deg.05'59'' 
                W., 52 deg.06'35'' N. x 176 deg.05'59'' W., 
                52 deg.04'47'' N. x 176 deg.12'36'' W.
                    (E) Semisopochnoi Island 51 deg.53'24'' N. x 
                179 deg.53'23'' W., 51 deg.53'24'' N. x 179 deg.46'48'' 
                W., 51 deg.48'36'' N. x 179 deg.46'48'' W., 
                51 deg.48'36'' N. x 179 deg.53'23'' W.
                    (F) Ulak Island 51 deg.22'11'' N. x 178 deg.58'47'' 
                W., 51 deg.25'47'' N. x 179 deg.05'59'' W., 
                51 deg.22'11'' N. x 179 deg.05'59'' W., 51 deg.25'47'' 
                N. x 178 deg.58'47'' W.
            (2) Oceanographer canyon.--40 deg.30' N. x 68 deg.11' W., 
        40 deg.10' N. x 68 deg.10' W., and 40 deg.10' N. x 68 deg.00' 
        W.
            (3) Lydonia canyon.--40 deg.36' N. x 67 deg.45' W., 
        40 deg.15' N. x 67 deg.45' W., and 40 deg.15' N. x 67 deg.35' 
        W.
            (4) Oculina reefs.--
                    (A) 27 deg.30' N. x 80 deg. W., 28 deg.30' N. x 
                80 deg. W., and the 183-meter contour.
                    (B) 28 deg.30' N. x 80 deg. W., 28 deg.30' N. x 
                80 deg.03' W., 28 deg.29' N. x 80 deg. W., and 
                28 deg.29' N. x 80 deg.03' W.
                    (C) 28 deg.17' N. x 80 deg. W., 28 deg.16' N. x 
                80 deg. W., 28 deg.17' N. x 80 deg.03' W., and 
                28 deg.16' N. x 80 deg.03' W.
            (5) Lophelia/enallopsammia habitat.--
                    (A) Northern Lophelia Banks 34 deg.23'30'' N. x 
                75 deg.45' W., 34 deg.13'30'' N. x 75 deg.57' W., 
                34 deg.19'30'' N. x 75 deg.41'30'' W., 34 deg.9' N. x 
                75 deg.53' W.
                    (B) Southern Lophelia Banks 33 deg.40' N. x 
                76 deg.29' W., 33 deg.36' N. x 76 deg.34' W., 
                33 deg.34' N. x 76 deg.23' W., 33 deg.29' N. x 
                76 deg.28' W.
                    (C) Stetson Area 32 deg.8' N. x 77 deg.42'30'' W., 
                31 deg.42'30'' N. x 77 deg.42'30'' W., 32 deg.8' N. x 
                77 deg.17' W., 31 deg.42'30'' N. x 77 deg.17' W.
                    (D) 30 deg.53' N. x 79 deg.41'30'' W., 
                30 deg.48'30'' N. x 79 deg.32' W., 30 deg.16'45'' N. x 
                79 deg.18'20'' W., 30 deg.10'30'' N. x 79 deg.46'15'' 
                W., 30 deg.22' N. x 79 deg.56'30'' W.
                    (E) 29 deg.55' N. x 79 deg.39' W., 30 deg.5' N. x 
                78 deg.40' W., 29 deg.8' N. x 79 deg.45' W., 28 deg.50' 
                N. x 79 deg.38' W., 28 deg.55' N. x 79 deg.2' W.
                    (F) 28 deg.50' N. x 79 deg.38' W., 28 deg.9' N. x 
                79 deg.6' W., 27 deg.27' N. x 79 deg.29'50'' W., 
                27 deg.57'30'' N. x 79 deg.32'30'' W., 27 deg.57'30'' 
                N. x 79 deg.45' W., 28 deg.7'30'' N. x 79 deg.45' W., 
                28 deg.7'30'' N. x 79 deg.40' W.
                    (G) 27 deg.19' N. x 79 deg.31' W., 27 deg. N. x 
                79 deg.32' W., 27 deg. N. x 79 deg.22' W.
            (6) Bear seamount.--39 deg.52' N. x 67 deg.30' W., 
        39 deg.58' N. x 67 deg.30' W., 39 deg.58' N. x 67 deg.50' W., 
        and 39 deg.52' N. x 67 deg.50' W.
    (b) Areas Identified From Research on Coral Study Areas.--The 
Secretary shall designate as a Coral Management Area all or any part of 
a Coral Study Area if--
            (1) the area has been surveyed for the presence of deep sea 
        corals and deep sea sponges;
            (2) there is a deep sea coral and sponge ecosystem present 
        in the area; and
            (3) the Secretary determines that the use of mobile bottom-
        tending fishing gear in such area would cause more than minimal 
        and temporary damage to deep sea corals or deep sea sponges 
        located in such area.
    (c) Areas Recommended by the Advisory Panel.--
            (1) Proposed rule.--Not later than 30 days after receiving 
        a recommendation pursuant to section 6(c)(1)(A), the Secretary 
        shall publish in the Federal Register a proposed rule to 
        designate any recommended area as a Coral Management Area.
            (2) Comment period.--The Secretary shall accept comments on 
        any proposed rule published under paragraph (1) for 60 days 
        after the date of the publication of such proposed rule.
            (3) Final determination.--Not later than 120 days after the 
        publication of such proposed rule, the Secretary shall 
        designate the area recommended under section 6(c)(1)(A) as a 
        Coral Management Area unless the Secretary finds no rational 
        basis for the recommendation.

SEC. 10. PENALTIES AND ENFORCEMENT.

    (a) Civil Penalties.--The civil penalties set forth in section 308 
of the Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1858) shall apply to a person who 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 violated the 
prohibitions in section 7.
    (b) Criminal Offenses.--
            (1) Prohibited acts.--It is unlawful for any person--
                    (A) to refuse to permit any officer authorized to 
                enforce the provisions of this Act (as provided for in 
                subsection (d)) to board a fishing vessel subject to 
                such person's control for purposes of conducting any 
                search or inspection in connection with the enforcement 
                of this Act or any regulation issued pursuant to this 
                Act;
                    (B) to forcibly assault, resist, oppose, impede, 
                intimidate, or interfere with any such authorized 
                officer in the conduct of any search or inspection 
                described in subparagraph (A);
                    (C) to resist a lawful arrest for any act 
                prohibited by this Act;
                    (D) to interfere with, delay, or prevent, by any 
                means, the apprehension or arrest of another person, 
                knowing that such other person has committed any act 
                prohibited by this Act;
                    (E) to knowingly and willfully submit to a Council, 
                the Secretary, or the Advisory Panel false information 
                regarding any matter that the Council, Secretary, or 
                Advisory Panel is considering in the course of carrying 
                out this Act; or
                    (F) to forcibly assault, resist, oppose, impede, 
                intimidate, sexually harass, bribe, or interfere with 
                any observer on a vessel under this Act, or any data 
                collector employed by the National Marine Fisheries 
                Service or under contract to any person to carry out 
                responsibilities under this Act.
            (2) Punishment.--A person is guilty of an offense if such 
        person commits any act prohibited by paragraph (1). Such 
        offense is punishable by the punishments set forth in section 
        309(b) of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1859(b)).
    (c) Civil Forfeitures.--Any fishing vessel (including its fishing 
gear, furniture, appurtenances, stores, and cargo) used, and fish (or 
the fair market value thereof) taken or retained, in any manner, in 
connection with or as a result of the commission of a violation of the 
prohibitions in section 7 (other than such a violation for which the 
issuance of a citation is sufficient sanction) shall be subject to the 
civil forfeiture provisions set out in section 310 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1860).
    (d) Enforcement.--The provisions of this Act shall be enforced by 
the officers responsible for the enforcement of the Magnuson-Stevens 
Fishery Conservation and Management Act as provided for in subsection 
(a) of section 311 of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1861). Such officers shall have the powers 
and authorities to enforce this Act as are provided in such section.

SEC. 11. INTERNATIONAL PROTECTIONS FOR DEEP SEA CORALS AND SPONGES.

    The President is encouraged to work with appropriate foreign 
entities to develop the data necessary to identify areas located within 
international waters that would benefit from additional protection for 
deep sea corals and sponges.

SEC. 12. REPORTS.

    (a) Report to Congress.--
            (1) Report requirement.--On the date that is 3 years after 
        the date of enactment of this Act, and every 3 years 
        thereafter, the Secretary shall submit to the Congress a report 
        on the activities undertaken to carry out this Act.
            (2) Content.--Each report required by this subsection shall 
        include a description of--
                    (A) the activities carried out to protect and 
                monitor deep sea corals and deep sea sponges;
                    (B) any area designated as either a Coral Study 
                Area pursuant to section 8 or a Coral Management Area 
                pursuant to section 9;
                    (C) any area the designation of which as a Coral 
                Study Area is terminated and that is opened to mobile 
                bottom-tending fishing pursuant to subsection 8(d);
                    (D) a summary of any bycatch or other data that 
                indicates the actual or potential presence of a deep 
                sea coral and sponge ecosystem; and
                    (E) a summary of the research strategy created 
                pursuant to section 5.
    (b) Published Report.--
            (1) Report requirement.--At least every 2 years the 
        Secretary shall prepare and publish a report that--
                    (A) provides a description of any area that the 
                Secretary--
                            (i) has designated as a Coral Study Area 
                        under section 8;
                            (ii) has designated as a Coral Management 
                        Area under section 9; or
                            (iii) has determined shall no longer be 
                        designated as a Coral Study Area under section 
                        8(c);
                    (B) summarizes any bycatch data that indicated the 
                presence of a deep sea coral and sponge ecosystem; and
                    (C) summarizes the research strategy created 
                pursuant to section 5.
            (2) Notice.--The Secretary shall publish in the Federal 
        Register a notice of availability of each report required by 
        this subsection.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary to carry 
out this Act $50,000,000 for each of fiscal years 2005 through 2009.
                                 <all>