[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3778 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3778

 To establish ocean bottom trawl areas in which trawling is permitted, 
    to protect deep sea corals and sponges, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2005

Mr. Shaw (for himself, Mr. Farr, Mr. Shays, and Mr. Pallone) 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 establish ocean bottom trawl areas in which trawling is permitted, 
    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 ``Bottom Trawl and Deep Sea Coral 
Habitat Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) Ocean resources are a vital component of the United 
        States economy, as noted by the United States Commission on 
        Ocean Policy.
            (2) A proper balance of use and protection of ocean 
        resources is necessary to ensure the sustainability of such 
        resources.
            (3) Deep ocean habitats provide fishery resources and sites 
        for deep sea corals and deep sea sponges.
            (4) Many fishermen of the United States derive their 
        livelihoods from fishing in deep ocean areas.
            (5) It is important that fishermen continue to be permitted 
        to use areas that have traditionally been fished, as long as 
        conservation considerations allow.
            (6) According to the National Research Council, 
        approximately 10 percent of the United States Exclusive 
        Economic Zone, an area of a total of 3,400,000 square nautical 
        miles, is used each year by fishermen who employ bottom trawls 
        and, in the area that is 50 miles or less from shore, this 
        percentage is higher than 75 percent in some regions.
            (7) Vessel monitoring systems are increasingly used in the 
        fishing industry. For example, coverage of such systems for 
        bottom trawl vessels in the Pacific and North Pacific is 100 
        percent.
            (8) Deep sea corals and deep sea sponges host biological 
        diversity that, according to the United States Commission on 
        Ocean Policy, ``may rival that of coral communities in warmer, 
        shallower waters''. For example, more than 1,300 species live 
        among Lophelia coral reefs in the northeastern Atlantic Ocean.
            (9) Complex seafloor habitats created by structure-forming 
        organisms, such as deep sea corals and deep sea sponges, 
        provide spawning habitat, food, and shelter to numerous fishes 
        and other associated species, including commercially and 
        recreationally targeted species.
            (10) Deep sea corals and deep sea sponges typically exhibit 
        slow growth, extreme longevity, and highly patchy distribution, 
        predominately along continental margins, seamounts, undersea 
        canyons, and ridges.
            (11) Deep sea corals and deep sea sponges have not been 
        fully studied for their benefit to society or for their 
        ecological importance to other associated species.
            (12) Deep sea corals, deep sea sponges, and their 
        associated invertebrates are a potential source of compounds 
        with biomedical properties, some of which are currently in 
        clinical trials to study their anti-cancer, anti-tumor, and 
        anti-inflammatory properties.
            (13) The United States Commission on Ocean Policy found 
        that deep sea corals, along with their shallow-water 
        counterparts, are declining at a ``disturbing pace,'' and that 
        certain types of fishing gear damage deep sea coral ecosystems.
            (14) The National Research Council, in a 2002 report to 
        Congress on the effects of trawling and dredging on seafloor 
        habitats, found that deep sea corals warrant protection, based 
        on evidence of the destruction of structured habitats caused by 
        bottom trawls and dredges.
            (15) The President's Ocean Action Plan of 2004 ``encourages 
        all regional fishery management councils to take action, where 
        appropriate, to protect deep-sea corals when developing and 
        implementing regional fishery management plans'' and includes 
        provisions to ``research, survey, and protect deep-sea coral 
        communities''.
            (16) In 2005, the North Pacific Fishery Management Council 
        proposed measures that will be adopted pending approval by the 
        Secretary of Commerce to confine use of bottom trawls in the 
        Aleutian Islands exclusive economic zone to specified 
        historically productive fishing areas, to disallow use of 
        bottom trawls in historically unfished areas of Aleutian 
        Islands waters where deep sea corals have been undisturbed, to 
        designate as no-trawling zones those areas where coral 
        ecosystems are known to exist, and to develop a comprehensive 
        plan for research and monitoring.

SEC. 3. PURPOSES.

    (a) In General.--The purposes of this Act are--
            (1) to permit fishermen to use bottom trawls in areas that, 
        traditionally, have been fished using bottom trawls and that do 
        not contain deep sea coral and sponge ecosystems;
            (2) to provide long-term protection for deep sea coral and 
        sponge ecosystems, particularly in areas that have not 
        traditionally been fished with bottom trawls; and
            (3) to identify, map, and assess deep sea coral and sponge 
        ecosystems to create a balanced policy for maintenance of 
        fishing and protection of deep sea ecosystems.
    (b) Process.--The Secretary shall use a process that achieves an 
outcome similar to the outcome achieved by the North Pacific Regional 
Fishery Management Council--
            (1) to protect the habitat of deep sea corals or deep sea 
        sponges to carry out the purposes of this Act; and
            (2) to identify areas that are open to the use of bottom 
        trawls and areas closed to such use where deep sea coral and 
        sponge ecosystems are present and protected.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Bottom trawl.--The term ``bottom trawl'' means any 
        trawl or dredge fishing gear that contacts the seafloor while 
        in use, including pelagic trawls that contact the seafloor 
        while in use, otter trawls, and scallop dredges.
            (2) Bottom trawl zone.--The term ``Bottom Trawl Zone'' 
        means any area designated under section 7 or section 10 as a 
        Bottom Trawl Zone.
            (3) Coral habitat conservation zone.--The term ``Coral 
        Habitat Conservation Zone'' means any area designated under 
        section 8 or section 11 as a Coral Habitat Conservation Zone.
            (4) 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).
            (5) Deep sea coral and sponge ecosystem.--The term ``deep 
        sea coral and sponge ecosystem'' means an ecosystem that meets 
        the criteria established by the Secretary pursuant to section 
        5(d) of this Act composed of living deep sea corals or deep sea 
        sponges, the benthic and demersal species associated with them, 
        and the biological, physical, chemical, and geologic components 
        that constitute habitat for corals or sponges.
            (6) Deep sea corals.--The term ``deep sea corals'' means 
        the species that--
                    (A) occur at a depth of greater than 50 meters;
                    (B) do not contain symbiotic algae; and
                    (C) are in the phylum Cnidaria, in the order--
                            (i) Antipatharia (black corals);
                            (ii) Scleractinia (stony corals);
                            (iii) Gorgonacea (horny corals);
                            (iv) Alcyonacea (soft corals);
                            (v) Pennatulacea (sea pens), in the class 
                        Anthozoa; or
                            (vi) Hydrocorallina (hydrocorals), in the 
                        class Hydrozoa.
            (7) Deep sea sponges.--The term ``deep sea sponges'' means 
        species of the phylum Porifera that occur at a depth of greater 
        than 50 meters.
            (8) 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).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce or the Secretary's designee.
            (10) Vessel monitoring system.--The term ``Vessel 
        Monitoring System'' means a type of mobile transceiver unit 
        that--
                    (A) is approved by the Office of Law Enforcement of 
                the National Marine Fisheries Service; and
                    (B) automatically determines the vessel's position 
                and transmits that information to a communications 
                service provider that is approved by such Office for 
                transmission and relay to such Office.

SEC. 5. MAPPING AND RESEARCH.

    (a) Requirement for Mapping and Research.--The Secretary shall 
direct the Under Secretary for Oceans and Atmosphere to prepare and 
carry out a comprehensive program to explore, identify, research, and 
map the locations of deep sea corals and deep sea sponges.
    (b) Description of Mapping and Research.--The program described in 
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 deep 
        sea sponges, including research related to--
                    (A) the natural history of such species;
                    (B) the taxonomic classification of such species;
                    (C) the ecological roles of such species;
                    (D) the growth rates of such species;
                    (E) the anthropogenic, ecological, and other 
                benefits of such species and the habitats of such 
                species; and
                    (F) the correlation of deep sea corals and deep sea 
                sponges with various types of geologic formations, 
                physical features, and other predictors of presence.
    (c) Cooperative Research Program.--The Secretary, in consultation 
with the Councils, shall develop a cooperative research program to 
identify--
            (1) the ideal areas for the use of bottom trawls; and
            (2) the locations of deep sea corals and deep sea sponges.
    (d) Thresholds of Deep Sea Coral and Sponge Presence.--
            (1) In general.--The Secretary, in consultation with the 
        Councils and expert scientists, shall determine the thresholds 
        above which the abundances of various deep sea corals or deep 
        sea sponges shall be considered to constitute an ecosystem. In 
        determining such thresholds, the Secretary shall consider the 
        life histories and growth rates of deep sea corals and deep sea 
        sponges and the criteria set out in paragraph (2).
            (2) Criteria.--In determining the thresholds under 
        paragraph (1), the Secretary shall consider the following 
        criteria:
                    (A) Bycatch per unit effort of deep sea corals or 
                deep sea sponges in fishery trawls.
                    (B) Presence of deep sea corals or deep sea sponges 
                in research surveys.
                    (C) Predictions of the presence of deep sea corals 
                or deep sea sponges based on correlations with geologic 
                or physical features.
                    (D) Other methods indicating ecologically 
                meaningful presence of these species in an area.

SEC. 6. USE OF BEST AVAILABLE DATA.

    (a) Requirement.--The Secretary shall use the best available data 
to determine if an area shall be designated as a Bottom Trawl Zone or 
as a Coral Habitat Conservation Zone.
    (b) Considerations.--In delineating the boundary and determining 
the size of an area to be designated as a Bottom Trawl Zone or a Coral 
Habitat Conservation Zone, the relevant council and the Secretary shall 
consider--
            (1) the precision and accuracy of the available trawl 
        location data considered in making such determination;
            (2) the precision and accuracy of deep sea coral and deep 
        sea sponge presence data considered in making such 
        determination;
            (3) the economic cost of such designation to industry and 
        the ecological costs and benefits of such designation to deep 
        sea corals and deep sea sponges in the area; and
            (4) the ease of enforcement of such designation.
    (c) Coral Habitat Conservation Zones.--Notwithstanding the 
considerations in subsection (b), in delineating the boundary and 
determining the size of an area to be designated as a Coral Habitat 
Conservation Zone, the relevant Council and the Secretary--
            (1) shall ensure that each area that is determined to 
        contain a deep sea coral and sponge ecosystem is designated as 
        a Coral Habitat Conservation Zone; and
            (2) may include a buffer area around deep sea corals or 
        deep sea sponges present in such Zone to ensure the complete 
        protection of potential deep sea corals or deep sea sponges in 
        the area or to facilitate the enforcement of any appropriate 
        prohibitions, rules, or regulations within such Zone.

SEC. 7. INITIAL DESIGNATION OF BOTTOM TRAWL ZONES.

    (a) Recommendation by a Council.--Not later than 24 months after 
the date of enactment of this Act, each Council, after notice and an 
opportunity for public comment, shall submit to the Secretary and the 
Secretary shall publish in the Federal Register--
            (1) a list of all areas for which the Council has 
        responsibilities that were fished using bottom trawls during 
        the 7-year period ending on December 31, 2004; and
            (2) recommendations on which portions of the areas 
        identified in paragraph (1) should be designated as Bottom 
        Trawl Zones.
    (b) Standards for Initial Designation.--An area may not be 
designated as a Bottom Trawl Zone if there is evidence that a deep sea 
coral and sponge ecosystem is present in such area.
    (c) Designation Process.--
            (1) Proposed rule.--Not later than 9 months after the date 
        of the publication of a Council's recommendations in the 
        Federal Register pursuant to subsection (a)(2), the Secretary 
        shall publish in the Federal Register a proposed rule to 
        designate each area or the portion of such area that does not 
        contain a deep sea coral and sponge ecosystem as a Bottom Trawl 
        Zone.
            (2) Failure to recommend.--If a Council fails to submit 
        recommendations to the Secretary under subsection (a), not 
        later than 33 months after the date of enactment of this Act, 
        the Secretary shall publish in the Federal Register a list of 
        areas located in the area for which such Council has 
        responsibility that the Secretary proposes to designate as 
        Bottom Trawl Zones.
            (3) Comment period.--The Secretary shall accept comments on 
        a proposal published under paragraph (1) or (2) for 60 days 
        after the date of such publication.
            (4) Final determination.--
                    (A) In general.--Not later than 30 days after the 
                date of the end of the comment period described in 
                paragraph (3), the Secretary shall designate an area 
                included in a proposal published under paragraph (1) or 
                (2) as a Bottom Trawl Zone if such area meets the 
                standards for such designation set out in subsection 
                (b).
                    (B) Publication.--The Secretary shall publish in 
                the Federal Register each designation made under 
                subparagraph (A).
    (d) Activities Within Bottom Trawl Zones.--After the date that is 
30 days after the date of the end of the comment period described in 
subsection (c)(3), bottom trawls may not be used in an area that is not 
designated as a Bottom Trawl Zone.

SEC. 8. INITIAL DESIGNATION OF CORAL HABITAT CONSERVATION ZONES.

    (a) Designation by the Secretary.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Secretary shall designate as a Coral 
        Habitat Conservation Zone each area--
                    (A) that a Council, prior to the date of enactment 
                of this Act, has designated as an area in which the use 
                of bottom trawls is prohibited for the protection of 
                seafloor habitat; or
                    (B) for which a map of the presence of deep sea 
                corals or deep sea sponges has been developed and for 
                which the best available data confirm the presence of 
                deep sea corals or deep sea sponges.
            (2) Publication and effective date.--Not later than 60 days 
        after the date of enactment of this Act, the Secretary shall 
        publish in the Federal Register each area designated as a Coral 
        Habitat Conservation Zone under paragraph (1) and such 
        designation shall become effective on the date of such 
        publication.
    (b) Recommendation by a Council.--
            (1) Submission to the secretary.--Not later than 24 months 
        after the date of enactment of this Act, each Council, after 
        notice and an opportunity for public comment, shall submit to 
        the Secretary a list of all areas known to contain deep sea 
        corals or deep sea sponges.
            (2) Included areas.--A list submitted by a Council under 
        paragraph (1) shall include each area that was considered for 
        designation as a Bottom Trawl Zone under section 7(a) if such 
        area that was determined by the Council or the Secretary to 
        contain a deep sea coral and sponge ecosystem.
            (3) Publication.--The Secretary shall publish in the 
        Federal Register a list submitted by a Council under paragraph 
        (1).
    (c) Designation Process.--
            (1) Proposed rule.--Not later than 9 months after the date 
        of the publication of a Council's recommendations pursuant to 
        subsection (b)(3), the Secretary shall publish in the Federal 
        Register a proposed rule to designate each area identified in 
        such publication as a Coral Habitat Conservation Zone.
            (2) Failure to recommend.--If a Council fails to submit 
        recommendations to the Secretary under subsection (b)(1), not 
        later than 33 months after the date of enactment of this Act, 
        the Secretary shall publish in the Federal Register a list of 
        areas located in the area for which such Council has 
        responsibility that the Secretary proposes to designate as 
        Coral Habitat Conservation Zones.
            (3) Comment period.--The Secretary shall accept comments on 
        any proposed rule published under paragraph (1) or (2) for 60 
        days after the date of such publication.
            (4) Final determination.--
                    (A) In general.--Not later than 30 days after the 
                date of the end of the comment period described in 
                paragraph (3), the Secretary shall--
                            (i) designate each area, or portion of such 
                        area, included in a proposed rule published 
                        under paragraph (1) as a Coral Habitat 
                        Conservation Zone, if there is rational basis 
                        for such designation; or
                            (ii) if the Secretary fails to make a 
                        designation under clause (i) for an area, 
                        provide a justification for such failure.
                    (B) Publication.--The Secretary shall publish in 
                the Federal Register each designation made under 
                subparagraph (A)(i) or justification required under 
                subparagraph (A)(ii).
                    (C) Inaction.--If the Secretary does not publish 
                the designation of an area under subparagraph (A)(i) or 
                the justification required under paragraph (A)(ii) for 
                such area within 30 days of the date of the end of the 
                comment period described in paragraph (3), such area 
                shall be deemed to be a Coral Habitat Conservation Zone 
                as if so designated by the Secretary.

SEC. 9. UNDESIGNATED AREAS.

    An area not initially designated as a Bottom Trawl Zone under 
section 7 or as a Coral Habitat Conservation Zone under section 8 shall 
be available for subsequent designation as a Bottom Trawl Zone under 
section 10 or as a Coral Habitat Conservation Zone under section 11.

SEC. 10. SUBSEQUENT DESIGNATION OF BOTTOM TRAWL ZONES.

    (a) Standards for Subsequent Designation.--After the initial 
designations of Bottom Trawl Zones made under section 7, the Secretary, 
in consultation with the relevant Council, shall designate an area as a 
Bottom Trawl Zone if--
            (1) the area has been surveyed for the presence of deep sea 
        corals and deep sea sponges; and
            (2) there is no deep sea coral and sponge ecosystem present 
        in the area.
    (b) Recommendation by a Council.--Upon the recommendation of the 
appropriate Council, the Secretary may consider any previously 
undesignated area for designation as a Bottom Trawl Zone. The Secretary 
may designate such area as a Bottom Trawl Zone under this section only 
if such area meets the designation standards set out in paragraphs (1) 
and (2) of subsection (a).
    (c) Designation Process.--
            (1) Proposed rule.--The Secretary shall publish in the 
        Federal Register a proposed rule to designate an area that is 
        not a Bottom Trawl Zone or a Coral Habitat Conservation Zone 
        and that meets the standards set out in paragraphs (1) and (2) 
        of subsection (a) as a Bottom Trawl Zone whether identified by 
        the Secretary or by a Council pursuant to subsection (b).
            (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.--
                    (A) In general.--Not later than 30 days after the 
                date of the end of the comment period described in 
                paragraph (2), the Secretary shall designate as a 
                Bottom Trawl Area each area, or part of such area, 
                included in a proposed rule published under paragraph 
                (1) if the area meets the requirements of paragraphs 
                (1) and (2) of subsection (a).
                    (B) Publication.--The Secretary shall publish in 
                the Federal Register each designation made under 
                subparagraph (A).

SEC. 11. SUBSEQUENT DESIGNATION OF CORAL HABITAT CONSERVATION ZONES.

    (a) Standards for Subsequent Designation.--The Secretary, in 
consultation with the Councils, shall designate an area as a Coral 
Habitat Conservation Zone if the best available data indicate the 
presence of a deep sea coral and sponge ecosystem in such area.
    (b) Subsequent Designation Through Bycatch Records, Research, or 
Mapping.--
            (1) Review of data.--The Secretary shall continually 
        collect and review, for the purpose of making a determination 
        on the presence of deep sea coral and sponge ecosystems in an 
        area, the following data:
                    (A) Bycatch records.
                    (B) Data and analysis that results from the mapping 
                and research conducted pursuant to section 5.
                    (C) Any other research, mapping, or survey data 
                that the Secretary determines is appropriate.
            (2) Designations based on the review of data.--If the 
        Secretary, in consultation with the relevant Council, 
        determines that data reviewed under paragraph (1) indicates the 
        presence of a deep sea coral and sponge ecosystem, the 
        Secretary, in consultation with the Council, shall designate 
        the area as a Coral Habitat Conservation Zone and, if 
        appropriate, terminate the designation of the area as a Bottom 
        Trawl Zone.
    (c) Recommendation by a Council.--Upon the recommendation of the 
appropriate Council, the Secretary may consider any area for 
designation as a Coral Habitat Conservation Zone.
    (d) Designation Process.--
            (1) Proposed rule.--The Secretary shall publish in the 
        Federal Register a proposed rule to designate an area 
        identified by the Secretary, in consultation with the 
        appropriate Councils, under subsection (a) or (b) or by a 
        Council under subsection (c) as a Coral Habitat Conservation 
        Zone if data indicate the presence of a deep sea coral and 
        sponge ecosystem in such 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.--
                    (A) In general.--Not later than 30 days after the 
                date of the end of the comment period described in 
                paragraph (2), the Secretary shall--
                            (i) designate as a Coral Habitat 
                        Conservation Zone each area, or part of such 
                        area, included in a proposed rule published 
                        under paragraph (1) if data indicate the 
                        presence of a deep sea coral and sponge 
                        ecosystem in such area; or
                            (ii) if the Secretary fails to make a 
                        designation under clause (i) for an area, 
                        provide a justification that explains the 
                        reasons that the best available data do not 
                        indicate the presence of a deep sea coral and 
                        sponge ecosystem in such area.
                    (B) Publication.--The Secretary shall publish in 
                the Federal Register each designation made under 
                subparagraph (A)(i) or justification required under 
                subparagraph (A)(ii).
                    (C) Inaction.--If the Secretary does not publish 
                the designation of an area under subparagraph (A)(i) or 
                the justification required under subparagraph (A)(ii) 
                for such area within 30 days of the date of the end of 
                the comment period described in paragraph (2), such 
                area shall be deemed to be a Coral Habitat Conservation 
                Zone as if so designated by the Secretary.

SEC. 12. STRICTER REGULATION PERMITTED AND SAVINGS CLAUSE.

    (a) In General.--Nothing in this Act shall restrict the authority 
provided to the Secretary by any other provision of law to promulgate, 
with or without the advice of the appropriate Council, fishery or 
habitat protection measures for any purpose that are more restrictive 
than the measures set out in this Act.
    (b) Savings Clause.--All rules and regulations issued by the 
Secretary under the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.) pertaining to the conservation, 
management, or protection of deep sea corals or deep sea sponges shall 
continue in full force and effect after the date of enactment of this 
Act until modified or rescinded by the Secretary, in exercise of the 
authority provided to the Secretary under any provision of law.

SEC. 13. USE OF VESSEL MONITORING SYSTEMS.

    Not later than 24 months after the date of enactment of this Act, a 
vessel that uses a bottom trawl in waters deeper than 50 meters shall 
use a Vessel Monitoring System capable of accurately detecting and 
reporting the position of the vessel whenever the vessel leaves port 
with a bottom trawl on board.

SEC. 14. PENALTIES AND ENFORCEMENT.

    (a) Civil Penalties.--Any 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 
prohibition set out in section 7(d) is liable to the United States for 
a civil penalty under section 308 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1858) as if such person had 
committed an act prohibited by section 307 of such Act (16 U.S.C. 
1857).
    (b) Criminal Offenses.--
            (1) Offenses.--A person is guilty of an offense if the 
        person commits an act prohibited by subparagraph (D), (E), (F), 
        (H), (I), or (L) of section 307(1) of the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1857(1)) in 
        an area designated as a Coral Habitat Conservation Zone.
            (2) Punishment.--An offense referred to in paragraph (1) 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 set out in section 7(d) (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 such 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. 15. INTERNATIONAL PROTECTIONS FOR DEEP SEA CORALS AND DEEP SEA 
              SPONGES.

    The President is authorized to permit the Secretary, in 
consultation with the Secretary of State, to work with appropriate 
international organizations and foreign nations to develop the data 
necessary to identify areas located in international waters that 
contain deep sea corals or deep sea sponges and to protect such deep 
sea corals or deep sea sponges.

SEC. 16. REPORTS TO CONGRESS.

    (a) In General.--Not more than 3 years after the date of enactment 
of this Act, and every 3 years thereafter, the Secretary shall publish 
and submit to Congress a report on the activities undertaken to carry 
out the provisions of this Act.
    (b) Content.--Each report required by subsection (a) shall 
include--
            (1) a description of the activities carried out to protect 
        and define areas in which the use of bottom trawls has 
        traditionally been permitted;
            (2) a description of the activities carried out to protect 
        and monitor deep sea corals or deep sea sponges;
            (3) a description of any area designated either as a Bottom 
        Trawl Zone or a Coral Habitat Conservation Zone;
            (4) a summary of the research strategy created pursuant to 
        section 5;
            (5) a summary of any bycatch or other data that indicates 
        the presence of a deep sea coral and sponge ecosystem in an 
        area; and
            (6) a summary of geologic structures that indicate the 
        presence of deep sea coral and sponge ecosystems in an area, as 
        determined by research activities described in section 5.
    (c) Publication.--Notice of the availability of each report 
required by this section shall be published in the Federal Register.

SEC. 17. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $15,000,000 to carry out 
this Act.
                                 <all>