[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1953 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1953

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 25, 2003

Mr. Lautenberg introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 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.

    Congress finds the following:
            (1) 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.
            (2) Deep sea corals typically exhibit slow growth, extreme 
        longevity, and highly patchy distribution, predominately along 
        continental margins, seamounts, undersea canyons, and ridges.
            (3) 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.
            (4) 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.
            (5) Deep sea corals are a future source of new biomedical 
        compounds for the pharmaceutical and biotechnical industries.
            (6) The exceptional diversity, uniqueness, and 
        vulnerability of deep sea corals necessitates that the mapping 
        and conservation of such species be given a high priority.
            (7) There is national and international recognition of the 
        importance of deep sea coral habitats. The European Union, 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 coral exist. Further, several of the 
        Councils have taken action to protect the fragile habitat of 
        deep sea corals.
            (8) Deep sea coral habitats are subject to growing human 
        pressures, particularly as a result of the rapid spread of deep 
        sea trawl fisheries into new regions and new grounds, aided by 
        the development of navigational, fish-finding, and other 
        technologies.

SEC. 3. POLICY.

    It is the policy of the United States to protect deep sea corals 
and sponges, including protecting such organisms that 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 this Act.
            (2) Council.--The term ``Council'', unless otherwise 
        specified, means 1 of the Regional Fishery Management Councils 
        established by section 302 of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1852).
            (3) Deep sea coral ecosystem.--The term ``deep sea coral 
        ecosystem'' means living species of deep sea corals and 
        sponges, consisting of both reef-like structures or thickets, 
        and other species of organisms associated with the deep sea 
        coral habitats, and the nonliving environmental factors that 
        affect species of deep sea corals and sponges, that together 
        function as an ecological unit in nature.
            (4) Deep sea corals and sponges.--The term ``deep sea 
        corals and sponges'' means the species--
                    (A)(i) in the family Stylasteriidae that are 
                without symbiotic algae;
                    (ii) in the phylum Cnidaria and in--
                            (I) the subclass Octocorallia, other than 
                        in the order Pennatulacea; or
                            (II) the subclass Hexacorallia, including 
                        the orders Scleractinia, Corallimorpharia, and 
                        Antipatharia; or
                    (iii) in the phylum Porifera that are sponges; and
                    (B)(i) that occur in regions of the exclusive 
                economic zone that are not subject to the jurisdiction 
                of a Council that is the--
                            (I) South Atlantic Fishery Management 
                        Council;
                            (II) Gulf of Mexico Fishery Management 
                        Council;
                            (III) Western Pacific Fishery Management 
                        Council; or
                            (IV) Caribbean Fishery Management Council; 
                        or
                    (ii) that occur at depths of at least 50 meters in 
                regions of the exclusive economic zone that are subject 
                to the jurisdiction of a Council that is the--
                            (I) South Atlantic Fishery Management 
                        Council;
                            (II) Gulf of Mexico Fishery Management 
                        Council;
                            (III) Western Pacific Fishery Management 
                        Council; and
                            (IV) Caribbean Fishery Management Council.
            (5) Exclusive economic zone.--The term ``exclusive economic 
        zone'' has the meaning given that term in section 3 of the of 
        the Magnuson-Stevens Fishery Conservation and Management Act 
        (16 U.S.C. 1802).
            (6) Mobile bottom-tending fishing gear.--The term ``mobile 
        bottom-tending fishing gear'' means any fishing gear that uses 
        a piece of gear that drags along the ocean floor, including 
        dredges, beam or otter trawls, or pelagic trawls that contact 
        the ocean floor.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.

SEC. 5. PROHIBITION ON THE USE OF MOBILE BOTTOM-TENDING FISHING GEAR IN 
              CORAL MANAGEMENT AREAS.

    Mobile bottom-tending fishing gear may not be used in any area 
designated as a Coral Management Area.

SEC. 6. CORAL MANAGEMENT AREAS.

    (a) Initial Designations.--
            (1) Alaska deep sea gardens.--Each area bounded by a circle 
        with a radius of 3 nautical miles and a center at each of 
        following points is designated as a Coral Management Area:
                    (A) 51 deg.58'13'' N. x 176 deg.49'53'' W.
                    (B) 51 deg.54'25'' N. x 177 deg.24'35'' W.
                    (C) 51 deg.50'53'' N. x 179 deg.49'54'' W.
                    (D) 51 deg.24'02'' N. x 179 deg.01'38'' W.
                    (E) 51 deg.50'45'' N. x 179 deg.49'28'' W.
            (2) Other designations.--Each area bounded by the following 
        coordinates is designated as a Coral Management Area:
                    (A) 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.
                    (B) 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.
                    (C) Oculina reefs.--
                            (i) 27 deg.30' N. x 80 deg. W., 28 deg.30' 
                        N. x 80 deg. W., and the 183 meter contour.
                            (ii) 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.
                            (iii) 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.
                    (D) Lophelia/enallopsammia reefs.--
                            (i) 31 deg. N. x 79 deg.50' W., 31 deg. N. 
                        x 79 deg.30' W., 30 deg.20' N. x 80 deg.10' W., 
                        and 30 deg.20' N. x 79 deg.30' W.
                            (ii) 30 deg.20' N. x 80 deg.10' W., 
                        30 deg.20' N. x 79 deg.30' W., 29 deg.00' N. x 
                        79 deg.45' W., and 29 deg. N. x 79 deg.30' W.
                            (iii) 29 deg. N. x 79 deg.45' W., 29 deg. 
                        N. x 79 deg.30' W., 28 deg. N. x 79 deg.45' W., 
                        and 28 deg. N. x 79 deg.30' W.
                            (iv) 31 deg.55' N. x 79 deg.20' W., 
                        31 deg.55' N. x 79 deg. W., 31 deg.35' N. x 
                        79 deg.25' W., and 31 deg.35' N. by 79 deg. W.
                            (v) 32 deg.12' N. x 77 deg.45' W., 
                        32 deg.12' N. x 77 deg.20' W., 31 deg.30' N. x 
                        77 deg.45' W., and 31 deg.30' N. x 77 deg.20' 
                        W.
                            (vi) 32 deg. N. x 77 deg.10' W., 32 deg. N. 
                        x 77 deg.10' W., 31 deg.48' N. x 77 deg.20' W., 
                        and 31 deg.48' N. x 77 deg.10' W.
                    (E) Bear seamount.--39 deg.52' N. x 67 deg.30' W., 
                39 deg.58' N. x 67 deg.50' W., 39 deg.58' N. x 
                67 deg.50' W., and 39 deg.52' N. x 67 deg.50' W.
    (b) Areas Identified Through Fishing Records.--The Secretary shall 
designate as a Coral Management Area any area that is located within 
the exclusive economic zone for which records of commercial fishing 
trips maintained by the National Marine Fisheries Service do not 
demonstrate that the area has been fished using mobile bottom-tending 
gear during the 3-year period ending on November 1, 2003.
    (c) Termination of Designation.--
            (1) In general.--The Secretary may determine that an area 
        or part of an area that is designated as a Coral Management 
        Area pursuant to subsection (b) shall no longer be designated 
        as a Coral Management Area if--
                    (A) the deep sea corals and sponges in such area 
                have been mapped by the National Oceanic and 
                Atmospheric Administration;
                    (B) a Council recommends to the Secretary that such 
                area no longer be designated as a Coral Management 
                Area;
                    (C) the Secretary determines that the use of mobile 
                bottom-tending fishing gear in such area would cause 
                only minimal and temporary damage to deep sea corals 
                and sponges located in such area; and
                    (D) the use of mobile bottom-tending fishing gear 
                in such area is not prohibited by any other provision 
                of law.
            (d) Publication.--The Secretary shall publish in the 
        Federal Register a description of any area that the Secretary--
                    (A) designates as a Coral Management Area under 
                this Act; or
                    (B) determines shall no longer be designated as a 
                Coral Management Area under subsection (c).

SEC. 7. MONITORING OF CORAL BYCATCH.

    (a) Requirement for Monitoring.--The Secretary shall monitor 
fishing within the exclusive economic zone in a manner that is adequate 
to identify the quantity of all deep sea coral and sponge bycatch 
caught and the location in which the bycatch was caught. The monitoring 
shall include--
            (1) evaluating bycatch data; and
            (2) identifying areas in which the rate of bycatch of deep 
        sea corals and sponges indicate the presence of a deep sea 
        coral ecosystem.
    (b) Coral Management Area.--Not later than 60 days after 
identifying an area described in subsection (a)(2), the Secretary shall 
designate such area as a Coral Management Area.
    (c) Report.--
            (1) Requirement.--Not less frequently than once each 
        calendar year, the Secretary shall prepare a report that 
        summarizes the data collected during the monitoring carried out 
        under this section. The report shall include a description of 
        any area that the Secretary designates as a Coral Management 
        Area pursuant to subsection (b).
            (2) Publication.--Notice of the availability of each report 
        required by paragraph (1) shall be published in the Federal 
        Register.

SEC. 8. RESEARCH.

    (a) Requirement for Research.--The Secretary shall direct the Under 
Secretary for Oceans and Atmosphere to carry out a comprehensive 
program to explore, research, identify, and map deep sea corals and 
sponges that includes an annual research strategy that compares areas 
open to mobile bottom-tending gear with areas designated as Coral 
Management Areas.
    (b) Description of Research.--The comprehensive program described 
in subsection (a) shall include--
            (1) creating maps of the locations of deep sea coral 
        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;
                    (B) taxonomic classification;
                    (C) ecological role; and
                    (D) the benefits of such species and habitats.
    (c) Coral Management Area.--Not later than 60 days after the date 
on which the Secretary determines that an area has a deep sea coral 
ecosystem based on the research conducted under this section, the 
Secretary shall designate such area as a Coral Management Area.
    (d) Report.--
            (1) Requirement for report.--Not less frequently than once 
        each calendar year, the Secretary shall prepare a report that 
        summarizes the annual research strategy the findings of the 
        program carried out under this subsection. The report shall 
        include a description of any area that the Secretary designates 
        as a Coral Management Area pursuant to subsection (c).
            (2) Publication.--Notice of the availability of each report 
        required by paragraph (1) shall be published in the Federal 
        Register.

SEC. 9. ANNUAL DATA REVIEW.

    (a) Requirement for Annual Review.--Not less frequently than once 
each calendar year, the Chair of the National Research Council shall 
review all available data related to deep sea corals and sponges. Such 
data shall include data--
            (1) related to the monitoring carried out under section 7;
            (2) related to the research carried out under section 8; 
        and
            (3) 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, including 
information related to the habit of deep sea corals and sponges, shall, 
upon request, furnish such information to the Chair of the National 
Research Council.
    (c) Recommendations.--
            (1) In general.--Not later than 30 days after completing 
        the annual review required by subsection (a), the Chair of the 
        National Research Council shall submit to the Secretary a 
        recommendation that any area identified as a deep sea coral 
        ecosystem in such annual review be designated as a Coral 
        Management Area.
            (2) Publication.--Notice of the availability of each 
        recommendation submitted to the Secretary under paragraph (1) 
        shall be published in the Federal Register.
    (d) Review of Recommendations.--
            (1) Proposed rule.--Not later than 10 days after receiving 
        a recommendation pursuant to subsection (c)(1), 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 30 days 
        after the date of the publication of such proposed rule.
            (3) Final determination.--Not later than 60 days after the 
        publication of such proposed rule, the Secretary shall 
        designate the area recommended under subsection (c)(1) 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 out 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 to have 
violated the prohibition in section 5.
    (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, permit, or agreement 
                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 Governor of a State false 
                information regarding any matter that the Council, 
                Secretary, or Governor 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 out 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 
prohibition in section 5 (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 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 authorized to permit the Secretary, in 
consultation with the Secretary of State, to work with appropriate 
foreign entities to develop the data necessary to identify areas 
located in international waters that would benefit from additional 
protection for deep sea corals and sponges.

SEC. 12. REPORT TO CONGRESS.

    (a) 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 Congress a report on the activities undertaken to carry 
out the provisions of this Act.
    (b) Content.--The reports required by subsection (a) shall include 
a description of--
            (1) the activities carried out to protect and monitor deep 
        sea corals and sponges; and
            (2) any area designated as a Coral Management Area.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $50,000,000 for each fiscal 
year to carry out the provisions of this Act.
                                 <all>