[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3469 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3469

To prohibit the import, export, and take of certain coral reef species, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2005

   Mr. Case introduced the following bill; which was referred to the 
 Committee on Resources, and in addition to the Committees on Ways and 
  Means and International Relations, 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 prohibit the import, export, and take of certain coral reef species, 
                        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 ``Coral Reef Conservation and 
Protection Act of 2005''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) Coral reefs and coral reef ecosystems are the marine 
        equivalent of tropical rain forests, containing some of the 
        richest biological diversity, habitats, and systems on Earth 
        and supporting thousands of fish, invertebrates, algae, 
        plankton, sea grasses, and other species.
            (2) Coral reefs and coral reef ecosystems have great 
        commercial, recreational, cultural, and aesthetic value to 
        human communities as shoreline protection, areas of natural 
        beauty, and sources of food, jobs, and pharmaceuticals, and are 
        the focus of a wide variety of activities, including education, 
        research, recreation, tourism, and fishing.
            (3) Studies indicate that coral reef ecosystems in the 
        United States and around the world are being degraded and 
        severely threatened by human activities including land-based 
        pollution, overfishing, destructive fishing practices, coastal 
        development, vessel groundings, and climate change.
            (4) Executive Order 13089 created the United States Coral 
        Reef Task Force, which is chaired by the Secretary of the 
        Interior and the Secretary of Commerce, to develop measures 
        necessary to reduce and mitigate coral reef ecosystem 
        degradation and to restore damaged coral reefs, assess the 
        United States role in international trade and protection of 
        coral reef species, and implement appropriate strategies and 
        actions to promote conservation and sustainable use of coral 
        reef resources.
            (5) International trade in coral, other reef invertebrates, 
        reef fish, live rock, and other coral products contributes to 
        the decline and degradation of reefs, primarily through the use 
        of destructive collection practices, overexploitation of 
        resources, and loss of reef habitat.
            (6) The United States is the largest importer of live 
        coral, live rock, and marine fish for the aquarium trade and of 
        coral skeletons and precious corals for souvenirs and jewelry.
            (7) The harvest of live coral and wild live rock is of 
        special concern because it removes essential components of reef 
        habitats, increases erosion, and damages critical fisheries 
        habitats.
            (8) More than half of the fish imported into the United 
        States for the marine aquarium market are estimated to be 
        captured with the use of cyanide and other poisons which kill 
        other coral reef species and the corals that form the reef 
        framework, and these destructive fishing practices are becoming 
        increasingly common in other countries to meet the growing 
        worldwide demand for ornamental fish and live food fish.
            (9) As many as \1/3\ to \1/2\ of the aquarium fish imported 
        from Southeast Asia die shortly after arriving in the United 
        States due to stress associated with handling and transport and 
        the use of cyanide during capture, and such high mortality 
        rates lead to continued pressure for extraction from the wild 
        to maintain public and private collections.
            (10) The United States, as the world's largest importer of 
        coral reef species and products and as a party to the 
        Convention on the International Trade in Endangered Species of 
        Wild Fauna and Flora (CITES), should play a substantial role in 
        conserving and restoring coral reef ecosystems, including 
        assisting other countries in developing and implementing coral 
        reef conservation programs and ensuring that the market in the 
        United States for coral reef species and products does not 
        contribute to the detriment of the survival of the species in 
        the wild or to the detriment of coral reef ecosystems.
            (11) The United States should also exercise leadership in 
        moving from a species-based sustainable management approach to 
        an ecosystem-based approach.
    (b) Purpose.--The purpose of this Act is to provide a series of 
nondiscriminatory measures which are necessary for the conservation of 
coral reef species and further the obligations of the United States 
under CITES.

SEC. 3. PROHIBITION ON TAKING, IMPORTING, EXPORTING, AND TRANSPORTING 
              CERTAIN CORAL REEF SPECIES.

    (a) In General.--Subject to section 4, it is unlawful for any 
person to--
            (1) take any covered coral reef species within waters under 
        the jurisdiction of the United States;
            (2) import into or export from the United States any 
        covered coral reef species;
            (3) possess, sell, purchase, deliver, carry, transport, or 
        receive in interstate or foreign commerce any covered coral 
        reef species taken or imported in violation of paragraphs (1) 
        or (2); or
            (4) attempt to commit any act described in paragraphs (1) 
        through (3).
    (b) Covered Coral Reef Species.--
            (1) In general.--For the purposes of this Act, the term 
        ``covered coral reef species'' means--
                    (A) any species of coral or ornamental reef fish;
                    (B) any coral reef species listed in appendix II of 
                the Convention on International Trade in Endangered 
                Species of Wild Fauna and Flora (CITES) as of the 
                effective date of this Act;
                    (C) any coral reef species added to appendix II of 
                CITES after the effective date of this Act, unless the 
                Secretary of the Interior, in consultation with the 
                Secretary of Commerce, finds before the expiration of 
                the 90-day period which begins on the effective date of 
                the inclusion of such species in appendix II that the 
                take, import, and export of such species do not 
                represent a substantial risk of harm to the 
                sustainability of such species and its coral reef 
                ecosystem; or
                    (D) any other coral reef species (excluding any 
                finfish, mollusk, crustacean, or other animal or plant 
                species taken for human consumption) the take, import, 
                or export of which the Secretary of the Interior and 
                the Secretary of Commerce have determined, after notice 
                and opportunity for public comment--
                            (i) presents a substantial risk of harm to 
                        the sustainability of such species or of its 
                        coral reef ecosystem; or
                            (ii) results in high mortality rates for 
                        individuals of that species due to poor 
                        survivorship in transport or captivity.
            (2) Removal of a species from definition.--
                    (A) In general.--A species may be removed from the 
                definition of covered coral reef species under 
                paragraphs (1)(B) through (D), if the Secretary of the 
                Interior determines that the take, import, and export 
                of such species do not represent a substantial risk of 
                harm to the sustainability of that species and of its 
                coral reef ecosystem.
                    (B) Role of secretary of commerce.--In carrying out 
                subparagraph (A), the Secretary of the Interior shall 
                consult with the Secretary of Commerce with respect to 
                a covered coral reef species under paragraph (1)(B) or 
                (1)(C), and act jointly with the Secretary of the 
                Interior with respect to a covered coral reef species 
                under paragraph (1)(D).
    (c) Effective Date.--This section shall take effect upon the 
expiration of the 1-year period which begins on the date of the 
enactment of this Act.

SEC. 4. EXCEPTIONS.

    (a) In General.--
            (1) Scientifically-based management plans.--
                    (A) Exception.--Section 3 shall not apply with 
                respect to a covered coral reef species if such species 
                was taken in accordance with a qualified 
                scientifically-based management plan.
                    (B) Qualification of plan.--For purposes of this 
                subsection, a scientifically-based management plan is 
                qualified if the appropriate Secretary determines that 
                the plan--
                            (i) provides for the conservation of a 
                        covered coral reef species and its habitat;
                            (ii) provides that a covered coral reef 
                        species is taken in such a manner and in such 
                        quantities so as not to threaten the biological 
                        sustainability of that species or its role in 
                        the ecosystem and so as to minimize the adverse 
                        impact of the take on the coral reef;
                            (iii) addresses factors relevant to the 
                        conservation of a covered coral reef species, 
                        which may include illegal trade, domestic 
                        trade, subsistence use, disease, habitat loss, 
                        and cumulative effects of the take on the coral 
                        reef species; and
                            (iv) prohibits the use of the destructive 
                        collection practices described in subsection 
                        (b)(2).
                    (C) Appropriate secretary.--For purposes of this 
                paragraph, the term ``appropriate Secretary'' means--
                            (i) the Secretary of Commerce with respect 
                        to domestic plans;
                            (ii) the Secretary of Commerce and the 
                        Secretary of the Interior with respect to 
                        foreign plans; or
                            (iii) the Secretary with jurisdiction over 
                        the waters in which the plan is located with 
                        respect to plans located in waters within the 
                        Exclusive Economic Zone (as defined under 
                        section (3) of the Magnuson-Stevens Fishery 
                        Conservation and Management Act (16 U.S.C. 
                        1802)).
            (2) Cooperative breeding programs.--
                    (A) Exception.--Section 3 shall not apply with 
                respect to a covered coral reef species if such species 
                is a product of a qualified cooperative breeding 
                program.
                    (B) Qualification of program.--For purposes of this 
                subsection, a cooperative breeding program is qualified 
                if the Secretary of Commerce, in the case of domestic 
                programs, or the Secretary of Commerce and the 
                Secretary of the Interior, in the case of foreign 
                programs, determines that the program is--
                            (i) designed to promote the conservation of 
                        covered coral reef species and maintain such 
                        species in the wild by enhancing the 
                        propagation and survival of such species; and
                            (ii) developed and administered by, or in 
                        conjunction with, an aquarium, conservation, or 
                        zoological organization which meets standards 
                        established by the appropriate Secretary.
            (3) Aquaculture and mariculture facilities.--
                    (A) Exception.--Section 3 shall not apply with 
                respect to a covered coral reef species if such species 
                is a product of a qualified aquaculture or mariculture 
                facility.
                    (B) Qualification of facility.--For purposes of 
                this subsection, an aquaculture or mariculture facility 
                is qualified if the Secretary of Commerce, in the case 
                of domestic facilities, or the Secretary of Commerce 
                and the Secretary of the Interior, in the case of 
                foreign facilities, determines that the facility--
                            (i) demonstrates the capability to produce 
                        sufficient captive covered coral reef species 
                        in the numbers to be traded from that facility;
                            (ii) operates in a manner which is not 
                        detrimental to the conservation of the species 
                        in the wild;
                            (iii) operates in a manner which does not 
                        harm existing ecosystems, such as by 
                        introducing non-indigenous species or 
                        pathogens; and
                            (iv) operates with sufficient safeguards so 
                        as to prevent the escape of captive species and 
                        their eggs, larvae, young, fragments, and other 
                        organs of propagation.
            (4) Scientific, museum, or zoological purposes.--Section 3 
        shall not apply with respect to a covered coral reef species 
        taken pursuant to authorization by the Secretary of Commerce, 
        or imported or exported pursuant to authorization by the 
        Secretary of the Interior for scientific purposes, museum 
        purposes, or zoological breeding or display.
            (5) Incidental takes.--Section 3 shall not apply with 
        respect to a covered coral reef species taken incidentally, if 
        such incidental takes are exempted by the Secretary of the 
        Interior and the Secretary of Commerce by regulation.
            (6) Subsistence.--Section 3 shall not apply with respect to 
        a covered coral reef species taken for personal consumption by 
        an individual, if the taking is customary, traditional, or 
        necessary for the subsistence of the individual or the 
        individual's family.
    (b) No Exception for Species Taken Using Destructive Collection 
Practices.--
            (1) In general.--No exception shall be allowed under 
        subsection (a) with respect to a covered coral reef species 
        that was--
                    (A) taken in waters under the jurisdiction of the 
                United States using any destructive collection 
                practice; or
                    (B) imported or exported without a certification by 
                the importer or exporter that the covered coral reef 
                species to be imported or exported was not taken 
                through the use of any destructive collection practice.
            (2) Destructive collection practices.--For the purposes of 
        this Act, ``destructive collection practice'' means any 
        practice used in the take of coral reef species which includes 
        any of the following:
                    (A) Reef-dredging.
                    (B) Explosives.
                    (C) Poisons.
                    (D) Any other destructive collection practice 
                identified by the Secretary of Commerce by regulation, 
                in consultation with the Secretary of the Interior and 
                the advisory group described in section 6(b).
            (3) Presence of poisons.--For the purposes of this Act, the 
        presence of cyanide, any other poison, or any metabolite 
        associated with any such poison in a coral reef species shall 
        constitute evidence that poison was used in the take of the 
        coral reef species.

SEC. 5. CONSULTATION REGARDING PROTECTION OF CORAL REEF SPECIES.

    The Secretary of State, in consultation with the Administrator of 
the United States Agency for International Development, the Secretary 
of the Interior, and the Secretary of Commerce, may initiate 
consultations with foreign governments which are engaged in, or whose 
citizens include persons engaged in, commercial operations which take 
coral reef species, for the purpose of--
            (1) encouraging the protection of coral reef species 
        through building consensus on standards for, and implementation 
        of, sustainable management plans; and
            (2) taking steps to eliminate of the use of the destructive 
        collection practices described in section 4(b)(2).

SEC. 6. COORDINATION REGARDING CONSERVATION OF CORAL REEF ECOSYSTEMS.

    (a) Coral Reef Task Force.--In carrying out this Act, the Secretary 
of the Interior and the Secretary of Commerce shall coordinate with 
members of the Coral Reef Task Force for the conservation and 
sustainable management of coral reef ecosystems.
    (b) Advisory Group.--
            (1) In general.--The Secretary of the Interior and the 
        Secretary of Commerce shall convene an advisory group 
        consisting of individuals representing public and private 
        organizations affected by this Act, including persons involved 
        in the conservation of coral reef ecosystems, the harvest and 
        trade of coral reef species, and the operation of cooperative 
        breeding programs and aquaculture and mariculture facilities 
        for the propagation of coral reef species, and representatives 
        of Federal agencies, States, and territories, which are 
        represented on the Coral Reef Task Force.
            (2) Development of guidelines, strategy, and criteria.--
        Before the expiration of the 1-year period which begins on the 
        date of the enactment of this Act, the Secretary of the 
        Interior and the Secretary of Commerce, in consultation with 
        the advisory group, shall develop--
                    (A) criteria and indicators for the conservation 
                and sustainable management of coral reef ecosystems;
                    (B) a coordinated national strategy for 
                conservation and sustainable management of coral reef 
                species and ecosystems based on the criteria and 
                indicators developed under subparagraph (A); and
                    (C) guidelines for the capture, commercial 
                transport, and handling of coral reef species which 
                would improve their rates of survival.
    (c) International Cooperation.--The Secretary of State and the 
Administrator of the United States Agency for International 
Development, in coordination with the heads of other appropriate 
departments and agencies, shall utilize their authorities to further 
the purposes of this Act by encouraging policies and implementing 
programs to promote the conservation and sustainable management of 
coral reef ecosystems in other parts of the world, by such means as 
multilateral negotiations, participation in various international fora, 
bilateral assistance, and capacity building.

SEC. 7. ENFORCEMENT.

    (a) Civil Money Penalties.--
            (1) In general.--The Secretary of the Interior or the 
        Secretary of Commerce, upon finding a violation of section 3, 
        may require the person responsible for such violation to pay a 
        civil money penalty in an amount determined under a schedule of 
        penalties which is established and published by the Secretary, 
        but which does not exceed $25,000 for each violation, and which 
        takes into account--
                    (A) the nature of the violation involved;
                    (B) the revenues of the person;
                    (C) previous violations of section 3 by the person; 
                and
                    (D) such other factors as the Secretary considers 
                appropriate.
            (2) Notice and opportunity for hearing.--The Secretary of 
        the Interior or the Secretary of Commerce may not make any 
        determination adverse to a person under subsection (a) until 
        such person has been given written notice and an opportunity to 
        be heard before the Secretary or designee.
    (b) Declaratory or Injunctive Relief.--The Attorney General may 
bring a civil action in an appropriate United States district court 
seeking declaratory or injunctive relief for any alleged violation of 
section 3.
    (c) Criminal Penalties.--
            (1) In general.--Any person who knowingly violates section 
        3 shall be fined in accordance with title 18, United States 
        Code, imprisoned for not more than 6 months, or both.
            (2) Persons engaged in business.--Any person engaged in 
        business as an importer or exporter of coral reef species who 
        knowingly violates section 3 shall be fined in accordance with 
        title 18, United States Code, or imprisoned for not more than 2 
        years, or both.
            (3) False statements in certifications.--Any person who 
        knowingly makes, causes to be made, or submits any false 
        material statement or representation in a certification under 
        section 4(b)(1)(B) shall be fined in accordance with title 18, 
        United States Code, or imprisoned for not more than 2 years, or 
        both, and may also be prohibited from importing or exporting 
        any coral reef species.
    (d) Rewards and Incidental Expenses.--
            (1) In general.--The Secretary of the Interior or the 
        Secretary of Commerce may pay, from sums received as penalties, 
        fines, or forfeitures of property for violations of section 3--
                    (A) a reward to any person who furnishes 
                information which leads to an arrest, criminal 
                conviction, civil penalty assessment, or forfeiture of 
                property for any violation of section 3; and
                    (B) the reasonable and necessary costs incurred by 
                any person in providing temporary care for any coral 
                reef species pending the disposition of any civil or 
                criminal proceeding alleging a violation of section 3.
            (2) Amount of reward.--The amount of a reward paid under 
        this subsection shall be designated by the Secretary of the 
        Interior or the Secretary of Commerce.
            (3) Ineligibility of government officials.--Any officer or 
        employee of the United States or any State or local government 
        who furnishes information or renders service in the performance 
        of his official duties is ineligible to receive a reward under 
        this subsection.
    (e) Executive Branch Enforcement.--
            (1) Searches and seizures.--
                    (A) In general.--Any person authorized by the 
                Secretary of the Interior, the Secretary of Commerce, 
                the Secretary of the Treasury, or the Secretary of the 
                department in which the Coast Guard is operating may 
                search and seize any coral reef species taken, 
                imported, exported, possessed, sold, delivered, 
                carried, transported, or received in violation of 
                section 3, with or without a warrant, as authorized by 
                law.
                    (B) Seized coral reef species.--Any coral reef 
                species seized under subparagraph (A) shall be held by 
                any person so authorized pending disposition of civil 
                or criminal proceedings, or the institution of an 
                action in rem for forfeiture of such coral reef species 
                pursuant to paragraph (3), except that the appropriate 
                Secretary may, in lieu of holding such species, permit 
                the owner or consignee to post a bond or other surety 
                satisfactory to the Secretary, but upon forfeiture of 
                any such property to the United States, or the 
                abandonment or waiver of any claim to any such 
                property, it shall be disposed of (other than by sale 
                to the general public) by the Secretary in such a 
                manner, consistent with the purposes of this Act, as 
                the Secretary shall by regulation prescribe.
            (2) Citations.--If any officer authorized to enforce the 
        provisions of this Act finds that a person has violated section 
        3, such officer may, in accordance with regulations issued by 
        the Secretary of Commerce, Secretary of the Interior, and the 
        Secretary of the department in which the Coast Guard is 
        operating, issue a citation to the violator.
            (3) Forfeiture.--
                    (A) Coral reef species.--All coral reef species 
                taken, imported, exported, possessed, sold, delivered, 
                carried, transported, or received in violation of 
                section 3 shall be subject to forfeiture to the United 
                States.
                    (B) Equipment used in unlawful practices.--All 
                guns, traps, nets, and other equipment, vessels, 
                vehicles, aircraft, and other means of transportation 
                used to aid the take, importing, exporting, possessing, 
                selling, purchasing, delivering, carrying, 
                transporting, or receiving of any coral reef species in 
                violation of section 3, shall be subject to forfeiture 
                to the United States upon conviction of a criminal 
                violation pursuant to subsections (b)(1) or (b)(2).
            (4) Other provisions of law.--Any provision of law relating 
        to the seizure, forfeiture, and condemnation of a vessel for 
        violation a customs law, the disposition of such vessel or the 
        proceeds from the sale thereof, and the remission or mitigation 
        of such forfeiture, shall apply to any seizure or forfeiture 
        incurred or allegedly incurred under this Act, insofar as such 
        provision of law is applicable and not inconsistent with the 
        provisions of this Act, except that all powers, rights, and 
        duties conferred or imposed by the customs laws upon any 
        officer or employee of the Department of the Treasury shall, 
        for the purposes of this Act, be exercised or performed by the 
        Secretary of Commerce or by such persons as the Secretary may 
        designate.
    (f) Citizen Actions.--
            (1) In general.--Except as provided in paragraph (2), any 
        person may commence a civil action to enjoin any person, 
        including the United States and any other governmental 
        instrumentality or agency (to the extent permitted by the 11th 
        Amendment to the Constitution), who is alleged to be in 
        violation of section 3.
            (2) Jurisdiction of district courts.--The United States 
        District Court for the judicial district in which the alleged 
        violation occurs shall have jurisdiction in all actions brought 
        under this subsection, without regard for the amount in 
        controversy or the citizenship of the parties.
            (3) Intervention by attorney general.--In any such action 
        under this subsection in which the United States is not a 
        party, the Attorney General may intervene on behalf of the 
        United States as a matter of right.
            (4) Exceptions.--No action may be commenced under this 
        subsection--
                    (A) prior to 60 days after written notice of the 
                violation has been given to the Secretary of the 
                Interior and the Secretary of Commerce, and to any 
                alleged violator of any such provision or regulation; 
                or
                    (B) if the Secretary of the Interior, the Secretary 
                of Commerce, or the Attorney General has initiated an 
                enforcement action under this section.
            (5) Recovery of court costs.--In any action brought 
        pursuant to paragraph (1), the court may award costs of 
        litigation (including reasonable attorney and expert witness 
        fees) to any party, whenever the court determines such award is 
        appropriate.
            (6) Relief under other laws.--The injunctive relief 
        provided by this subsection shall not restrict any right which 
        any person may have under any statute or common law to seek 
        enforcement of any standard or limitation or to seek any other 
        relief.
    (g) American Samoa.--For the purposes of any action brought under 
this Act, American Samoa shall be included within the judicial district 
of the United States District Court for the District of Hawaii.

SEC. 8. REGULATIONS.

    (a) In General.--Before the expiration of the 1-year period 
beginning on the date of the enactment of this Act, the Secretary of 
the Interior and the Secretary of Commerce shall promulgate such 
regulations as they deem necessary and appropriate to carry out the 
purposes of this Act.
    (b) Enforcement Regulations.--The Secretary of the Interior, the 
Secretary of Commerce, the Secretary of the Treasury, and the Secretary 
of the department in which the Coast Guard is operating, are authorized 
to promulgate such regulations as may be appropriate to enforce this 
Act, and charge reasonable fees for expenses connected with reviewing 
certificates authorized by this Act, including processing applications 
and reasonable inspections, and with the transfer, board, handling, or 
storage of coral reef species and evidentiary items seized and 
forfeited under this Act. Any such fees collected pursuant to this 
subsection shall be deposited in the Treasury to the credit of the 
appropriation which is current and chargeable for the cost of 
furnishing the services. Appropriated funds may be expended pending 
reimbursement from parties in interest.

SEC. 9. RELATIONSHIP TO STATE LAWS.

    Nothing in this Act shall be construed or interpreted as preempting 
any State from imposing any more restrictive requirement regarding any 
coral reef species, so long as such requirement is consistent with the 
international obligations of the United States and this Act.

SEC. 10. RELATIONSHIP TO FEDERAL FISHERY MANAGEMENT PLANS.

    Nothing in this Act shall be construed or interpreted as preempting 
any fishery management plan developed under the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) that 
contains management measures more restrictive than those required by 
this Act.

SEC. 11. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) The term ``coral'' means any living or dead specimens, 
        parts or derivatives, or any product containing specimens, 
        parts or derivatives of any species of the phylum Cnidaria, 
        including--
                    (A) all species of black corals (Antipatharia), 
                stony corals (Scleractinia), soft corals (Alcyonacea), 
                horny corals (Gorgonacea), organ pipe corals 
                (Stolonifera), blue corals (Coenothecalia), anemones 
                (Actiniaria), coralliomorphs (Coralliomorpharia), and 
                zooanthids (Zoanthidea) of the class Anthozoa; and
                    (B) all species of the fire corals (Milleporina) 
                and lace corals (Stylasterina) of the class Hydrozoa.
            (2) The term ``coral reef'' means any reef, shoal, or other 
        natural feature composed in part of the solid skeletal 
        structures in which corals are major framework constituents.
            (3) The term ``coral reef ecosystem'' means the interacting 
        complex of species (including reef plants of the phyla 
        Chlorophyta, Phaeophyta, and Rhodophyta) and nonliving 
        variables associated with coral reefs and their habitats which 
        function as an ecological unit in nature and which are mutually 
        dependent on this function to survive.
            (4) The term ``coral reef species'' means--
                    (A) any species of plant or animal, including 
                algae, seagrasses, invertebrates and vertebrates that 
                live in, on, or near coral reefs and are directly 
                dependent on the coral reef ecosystem for feeding, 
                reproduction or growth, but does not include mammals, 
                reptiles, or birds; and
                    (B) products derived from coral, such as live rock, 
                coral substrate, and coral rock.
            (5) The term ``foreign commerce'' includes any transaction 
        between persons within one foreign country, between persons in 
        2 or more foreign countries, between a person within the United 
        States and a person in a foreign country, or between persons 
        within the United States, where the coral reef species in 
        question is moving in any country or countries outside the 
        United States.
            (6) The term ``import'' means to land on, bring into, or 
        introduce into, or attempt to land on, bring into, or introduce 
        into, any place subject to the jurisdiction of the United 
        States, whether or not such landing, bringing, or introduction 
        constitutes an importation within the meaning of the custom 
        laws of the United States.
            (7) The term ``live rock'' means any hard substrate derived 
        from coral which is grown in the wild and which is attached to 
        and supporting any species covered under paragraph (4)(A), and 
        includes coral rock and coral substrate.
            (8) The term ``ornamental reef fish'' means any finfish 
        collected commercially for the aquarium and curio trade, but 
        does not include any fish taken for human consumption.
            (9) The term ``State'' means a State, the District of 
        Columbia, the Commonwealth of Puerto Rico, American Samoa, the 
        Virgin Islands, Guam, the Commonwealth of the Northern Mariana 
        Islands, and any other commonwealth, territory, or possession 
        of the United States.
            (10) The term ``take'' means to capture, catch, collect or 
        harvest coral reef species by any means.
            (11) The term ``United States'' includes the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, American Samoa, the Virgin Islands, Guam, the 
        Commonwealth of the Northern Mariana Islands, and any other 
        commonwealth, territory or possession of the United States that 
        contains coral within its jurisdiction.
            (12) The term ``waters under the jurisdiction of the United 
        States'' means the belt of seas extending to a distance of 200 
        nautical miles measured from the baseline from which the 
        breadth of the territorial sea of the United States is 
        measured, except where that distance is modified by maritime 
        boundary agreements to which the United States is a party.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out the provisions 
of this Act, for each of fiscal years 2006 through 2010--
            (1) for the Secretary of the Interior, $5,000,000;
            (2) for the Secretary of Commerce, $3,000,000; and
            (3) for the Secretary of State, $500,000.
                                 <all>