[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2673 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2673

 To protect diverse and structurally complex areas of the seafloor in 
  the United States exclusive economic zone by establishing a maximum 
  diameter size limit on rockhopper, roller, and all other groundgear 
             used on bottom trawls, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 26, 2005

  Mr. Hefley (for himself, Mr. Kildee, Mrs. Davis of California, Mr. 
    Udall of Colorado, Mr. Holt, Mr. Honda, Mr. Cunningham, and Ms. 
    McCollum of Minnesota) introduced the following bill; which was 
                 referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To protect diverse and structurally complex areas of the seafloor in 
  the United States exclusive economic zone by establishing a maximum 
  diameter size limit on rockhopper, roller, and all other groundgear 
             used on bottom trawls, 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 ``Ocean Habitat Protection Act''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) Complex seafloor habitats created by geologic 
        structures and structure-forming organisms are essential to the 
        maintenance of marine biodiversity and to numerous fish 
        species, including commercially and recreationally targeted 
        species, which rely on them for spawning, food, and shelter 
        from predation.
            (2) The diverse fish and other marine species that are 
        associated with three-dimensional, structurally complex 
        seafloor habitats within the exclusive economic zone of the 
        United States--
                    (A) constitute valuable and renewable natural 
                resources;
                    (B) are an essential component of marine 
                biodiversity;
                    (C) contribute to the food supply, economy, and 
                health of the United States;
                    (D) support the economies of coastal communities; 
                and
                    (E) provide recreational opportunities.
            (3) Living organisms, such as deep-sea corals and sponges, 
        which create complex habitat, have not been adequately studied 
        for their potential benefit to society or for their ecological 
        importance to fish species and other forms of marine life.
            (4) Scientists now recognize deep-sea corals to be as 
        diverse as, and more widely distributed than, shallow, reef-
        forming tropical corals.
            (5) Deep-sea corals typically exhibit slow growth, extreme 
        longevity, and highly patchy distribution, predominating along 
        continental margins, sea mounts, and ridges.
            (6) 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 explosive development of navigational, fish-
        finding, and other technologies.
            (7) The exceptional diversity, uniqueness, and 
        vulnerability of deep-sea corals necessitates that their 
        mapping and conservation be given a high priority.
            (8) Bottom trawling reduces habitat complexity and 
        biological diversity by leveling geologic bedforms and by 
        killing, removing, crushing, burying, and exposing benthic 
        organisms, including deep-sea corals and sponges, to predators 
        and scavengers, thereby significantly reducing their value for 
        economically and ecologically important fishes and other marine 
        life. The resultant reduction in biodiversity is detrimental to 
        many commercially and recreationally important species and to 
        the industries and people that depend on them.
            (9) In the past, the practice of bottom trawling was 
        conducted mainly on soft bottom areas, and was rarely used in 
        three-dimensional, structurally complex habitats.
            (10) Technological modifications to bottom trawls, 
        including the creation of large rockhopper and roller gear and 
        chafing gear, facilitate the use of bottom trawls in rocky and 
        other complex marine habitats that were once refuges for fishes 
        and other marine life.
            (11) The expansion in the use of bottom trawls from soft 
        bottom areas to three-dimensional, structurally complex 
        habitats over the past 25 years has had and continues to have 
        significant, adverse effects on the diversity and habitat 
        complexity of these areas, particularly on deep-sea corals and 
        sponges which, due to their fragility, slow growth, and 
        longevity, may take decades to centuries to recover from a 
        single pass of a trawl. With repeated trawling in the same 
        area, the damage may be irreversible.
            (12) Numerous scientific studies show that bottom trawling 
        is especially damaging to three-dimensional, structurally 
        complex habitats such as corals, boulder fields, sponge beds, 
        and gravel bottoms. According to a National Research Council 
        report, ``there is enough information currently available to 
        support efforts to improve the management of the effects of 
        these fishing gears on seafloor habitats.''. (National Research 
        Council Report 2002, page 66).
            (13) Prohibiting the use of large rockhopper, roller, and 
        other groundgear is a practical, precautionary, and enforceable 
        measure to protect structurally complex, benthic marine 
        habitats from the damaging effects of bottom trawling.

SEC. 3. PROHIBITION ON USE OF LARGE FOOTROPE DEVICES ON BOTTOM TRAWL 
              GEAR.

    (a) Policy and Purpose.--
            (1) Policy.--It is the policy of the United States that 
        essential fish habitat, including complexly structured bottom 
        habitats, be protected from damage in order to protect the 
        species that benefit from the habitat.
            (2) Purpose.--The purpose of this section is to restrict 
        access of bottom trawls to complexly structured seafloor 
        habitats, composed of geologic and biogenic structures, that 
        are found scattered throughout the Federal exclusive economic 
        zone.
    (b) Prohibition.--Section 307 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1857) is amended--
            (1) by inserting ``(a) In General.--'' before ``It is 
        unlawful--''; and
            (2) by adding at the end the following:
    ``(b) Bottom Trawl Fishing.--
            ``(1) Prohibition.--It is unlawful for any person to use a 
        bottom trawl with rollers, bobbins, tires, rockhoppers, or any 
        other devices that are affixed to the footrope (also known as 
        the sweep) and that are in excess of 8 inches in diameter, for 
        fishing that is subject to the jurisdiction of the United 
        States, including fishing by a vessel of the United States 
        beyond the equivalent of the exclusive economic zone of all 
        countries.
            ``(2) Exemption of fishing in certain areas.--Paragraph (1) 
        shall not apply to fishing in an area that is exempted by the 
        Secretary under paragraph (3).
            ``(3) Exempted fishing areas.--The Secretary may exempt 
        fishing in an area of the exclusive economic zone from the 
        prohibition under paragraph (1) if--
                    ``(A) the Council having jurisdiction over the area 
                submits to the Secretary--
                            ``(i) substantial evidence that--
                                    ``(I) the area is comprised 
                                predominately of sand and mud bottom; 
                                and
                                    ``(II) the use of rollers, bobbins, 
                                or other rotating devices in excess of 
                                8 inches in diameter that are affixed 
                                to the footrope of bottom trawl nets 
                                used for fishing in the area is 
                                necessary to prevent a significant 
                                increase from rates of bycatch of non-
                                target managed species as of the date 
                                of the enactment of this subsection, or 
                                to provide significant other benefits;
                            ``(ii) the specific geographic boundaries 
                        of the area; and
                            ``(iii) a credible and effective vessel 
                        monitoring plan that would require a vessel 
                        monitoring system on board all vessels engaged 
                        in bottom trawl fishing in the area; and
                    ``(B) the Secretary--
                            ``(i) determines that the evidence and plan 
                        are satisfactory; and
                            ``(ii) issues regulations that implement 
                        the vessel monitoring plan.''.
            (3) Effective date.--Section 307(b)(1) of the Magnuson-
        Stevens Fishery Conservation and Management Act, as amended by 
        this subsection, shall take effect upon the expiration of the 
        1-year period beginning on the date of the enactment of this 
        Act, and shall apply to fishing after that period.
            (4) Rebuttable presumption.--Section 310(e) of the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1860(e)) is amended by adding at the end the following:
            ``(4) For purposes of this Act, it shall be a rebuttable 
        presumption that any vessel that is shoreward of the outer 
        boundary of the exclusive economic zone, or beyond the 
        equivalent zone of all countries, and that has on board gear 
        comprised of a trawl net with rollers, bobbins, tires, 
        rockhoppers, or any other devices attached to the footrope of 
        the trawl net that are in excess of 8 inches in diameter, is 
        engaged in fishing using such gear, unless--
                    ``(A) the captain, master, or individual in charge 
                of the vessel has declared to the Secretary in the 
                manner prescribed by the Secretary in regulations, 
                prior to the trip, his or her intention to use the gear 
                in an area of mud or sand bottom covered by an 
                exemption under section 307(b)(3); and
                    ``(B) the vessel has on board a functioning vessel 
                monitoring system required by regulations issued by the 
                Secretary under section 307(b)(3)(B)(ii).''.

SEC. 4. ASSISTANCE.

    (a) Gear Transition Assistance.--The Secretary of Commerce may 
provide to a person that is the owner of a qualified fishing vessel 
under subsection (d), on a one-time basis, financial assistance in an 
amount not to exceed $4,000 per qualified fishing vessel owned by the 
person, to pay for any of the following:
            (1) The depreciated cost of rockhoppers, rollers, tires, 
        bobbins, or other similar devices in excess of 8 inches in 
        diameter that are part of the fishing gear of the vessel on the 
        date of the enactment of this Act and that are disposed of in a 
        manner that is approved by the Secretary.
            (2) The cost of converting trawl nets that are part of the 
        fishing gear of the vessel on the date of the enactment of this 
        Act to footrope gear that is 8 inches or less in diameter.
    (b) Payment for Prompt Conversion.--The Secretary of Commerce may 
provide to a person that is the owner of a qualified fishing vessel 
under subsection (d) a one-time payment of $10,000, if the person, by 
not later than 6 months after the date of the enactment of this Act--
            (1) ceases to engage in trawling; and
            (2) commits to not engage in fishing other than fishing 
        exclusively with fixed gear comprised solely of any combination 
        of fishpots, fishtraps, or hook-and-line gear.
    (c) Economic Assistance.--
            (1) Vessel owners and crews.--The Secretary of Commerce 
        shall, based on such factors as the Secretary considers to be 
        relevant, provide economic assistance to--
                    (A) the owner of a qualified fishing vessel who--
                            (i) applies within 6 months after the date 
                        of the enactment of this Act, in the manner 
                        prescribed by the Secretary in regulations, to 
                        cease fishing in bottom trawl fisheries; and
                            (ii) does not continue fishing in other 
                        fisheries; and
                    (B) any individual who is a member of the crew of a 
                qualified fishing vessel the owner of which applies 
                within 6 months after the date of the enactment of this 
                Act to cease fishing in bottom trawl fisheries.
            (2) Included assistance.--Economic assistance under this 
        subsection may include--
                    (A) income assistance--
                            (i) for a period of not to exceed 2-years; 
                        and
                            (ii) in an amount not to exceed the amount 
                        of income earned by the vessel owner or crew 
                        member, as applicable, in the taxable year 
                        preceding the date of the application for 
                        assistance that is attributable to the fishing 
                        vessel or employment on the qualified fishing 
                        vessel, as reported to the Internal Revenue 
                        Service; and
                    (B) funds for training for nonfishery employment 
                that the Secretary determines reasonable, for a period 
                of not to exceed 2 years.
            (3) Report.--The Secretary of Commerce shall, by not later 
        than 12 months after the date of the enactment of this Act, 
        submit a report to the Congress estimating the costs of 
        implementing this subsection.
    (d) Qualified Fishing Vessels.--A vessel shall be a qualified 
fishing vessel for purposes of this section if it is a vessel of the 
United States authorized to be used for trawl fishing by a permit under 
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.) that is in effect on date of enactment of this Act.
    (e) Prohibition on Issuance of Trawl Permit.--The Secretary of 
Commerce shall not issue any permit that authorizes trawl fishing by an 
individual who receives economic assistance under this section.

SEC. 5. SCIENTIFIC INFORMATION ON SEAFLOOR HABITAT.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Commerce, in consultation with 
the United States Geological Survey, shall--
            (1) undertake a program to collect, and make available to 
        Regional Fishery Management Councils, information and maps on 
        the existence, location, composition, condition, and protected 
        status of the diverse bottom habitats of the exclusive economic 
        zone of the United States; and
            (2) complete such program within 10 years after the date of 
        the enactment of this Act.
    (b) Cooperation of Other Agencies and Councils.--The head of each 
Federal agency and each Regional Fishery Management Council shall 
cooperate with the Secretary to provide relevant information for 
purposes of this section.
    (c) Use of Information by Councils.--Each Regional Fishery 
Management Council shall use the information made available by the 
Secretary under subsection (a) as appropriate to make determinations 
otherwise required by law regarding seafloor habitats that should be 
protected from bottom trawling, other types of fishing gear, and other 
types of human impacts.
    (d) Reports.--The Secretary shall report to the Congress on the 
progress made in carrying out the program under subsection (a), by not 
later than 1 year after the date of the enactment of this Act and 
annually thereafter.

SEC. 6. APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Commerce--
            (1) $8,000,000 for providing gear transition assistance 
        under section 4(a);
            (2) such sums as may be necessary for--
                    (A) making payments under section 4(b); and
                    (B) providing economic assistance under section 
                4(c); and
            (3) $100,000,000 for carrying out section 5.
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