[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8507 Introduced in House (IH)]

<DOC>






118th CONGRESS
  2d Session
                                H. R. 8507

To provide for the designation of areas within which fishing activities 
          carried out using bottom trawls may be carried out.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 22, 2024

 Mrs. Peltola introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
To provide for the designation of areas within which fishing activities 
          carried out using bottom trawls may be carried out.

    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 Clarity Act of 2024''.

SEC. 2. DEFINING SUBSTANTIAL BOTTOM CONTACT.

    Not later than 18 months after the date of the enactment of this 
Act, each Council that manages a fishery that allows the use of any 
bottom trawl gear shall, after providing notice and an opportunity for 
public comment, submit to the Secretary--
            (1) a definition of the term ``substantial bottom contact'' 
        as compared to the term ``limited bottom contact'' when used to 
        describe how often fishing gear interacts with the seafloor;
            (2) a monitoring and enforcement plan to ensure that any 
        pelagic trawl fishing activity carried out within a fishery 
        managed by such Council has limited bottom contact; and
            (3) a list of each gear type that has substantial bottom 
        contact based on the definition submitted under paragraph (1).

SEC. 3. DESIGNATION OF BOTTOM TRAWL ZONES.

    (a) Initial Designations.--
            (1) In general.--Not later than 1 year after the date on 
        which a Council completes the requirements of section 2, such 
        Council shall, after providing notice and an opportunity for 
        public comment, submit to the Secretary, and the Secretary 
        shall publish in the Federal Register--
                    (A) a list of each area within the jurisdiction of 
                such Council within which fishing activities using 
                bottom trawls were carried out during the 7-year period 
                ending on December 31, 2024; and
                    (B) a recommendation regarding each area identified 
                under subparagraph (A), or portion thereof, that is not 
                ineligible for designation under subsection (c) and 
                should be designated as a Bottom Trawl Zone under 
                paragraph (2).
            (2) Designation process.--
                    (A) Proposed designation.--Not later than 9 months 
                after the date on which the recommendations of a 
                Council are published in the Federal Register pursuant 
                to subsection (a)(1)(B), the Secretary shall publish in 
                the Federal Register a proposed rule to designate as a 
                Bottom Trawl Zone each area, or portion thereof, 
                recommended for such designation by such Council as the 
                Secretary determines appropriate.
                    (B) Failure to recommend.--If a Council fails to 
                submit recommendations to the Secretary under paragraph 
                (1) by the deadline described in that paragraph, not 
                later than 1 year after such deadline, the Secretary, 
                after providing notice and an opportunity for public 
                comment, shall publish in the Federal Register a 
                proposed rule that--
                            (i) lists each area within the jurisdiction 
                        of such Council within which fishing activities 
                        using bottom trawls were carried out during the 
                        7-year period ending on December 31, 2024; and
                            (ii) indicates each area identified under 
                        clause (i), or portion thereof, that is not 
                        ineligible for designation under subsection (c) 
                        that the Secretary proposes to designate as a 
                        Bottom Trawl Zone.
                    (C) Comment period.--The Secretary shall accept 
                comments on a proposed rule published under 
                subparagraph (A) or (B) for 60 days after the date of 
                such publication.
                    (D) Final designation.--
                            (i) In general.--Not later than 30 days 
                        after the date on which a comment period 
                        described in subparagraph (C) for a proposed 
                        rule published under subparagraph (A) or (B) 
                        ends, the Secretary shall designate as a Bottom 
                        Trawl Zone each area, or portion thereof, 
                        included in such proposed rule.
                            (ii) Publication.--The Secretary shall 
                        publish in the Federal Register each 
                        designation made under clause (i).
    (b) Subsequent Designations.--
            (1) In general.--After the initial designations of Bottom 
        Trawl Zones under subsection (a)(2), the Secretary, in 
        consultation with the relevant Council or upon the 
        recommendation of a Council, may designate as a Bottom Trawl 
        Zone an area, or portion thereof, within the jurisdiction of 
        such Council if--
                    (A) the area was not designated as a Bottom Trawl 
                Zone under subsection (a)(2);
                    (B) fishing activities using bottom trawls were 
                carried out within the area during the preceding 7-year 
                period; and
                    (C) the area is not ineligible for designation 
                under subsection (c).
            (2) Designation process.--
                    (A) Proposed designation.--The Secretary shall 
                publish in the Federal Register a proposed rule to 
                designate as a Bottom Trawl Zone an area described in 
                paragraph (1).
                    (B) Comment period.--The Secretary shall accept 
                comments on a proposed rule published under 
                subparagraph (A) for 60 days after the date of such 
                publication.
                    (C) Final designation.--
                            (i) In general.--Not later than 30 days 
                        after the date on which a comment period 
                        described in subparagraph (B) for a proposed 
                        rule published under subparagraph (A) ends, the 
                        Secretary shall designate as a Bottom Trawl 
                        Area each area, or portion thereof, included in 
                        such proposed rule.
                            (ii) Publication.--The Secretary shall 
                        publish in the Federal Register each 
                        designation made under clause (i).
    (c) Areas Ineligible for Designation.--An area may not be 
designated as a Bottom Trawl Zone if--
            (1) the Secretary determines there is evidence of the 
        presence of a deep sea coral and sponge ecosystem within the 
        area; or
            (2) the area is designated pursuant to the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1801 et 
        seq.) as--
                    (A) a Savings Area; or
                    (B) an otherwise protected area for a stock of 
                fish.
    (d) Activities Within Bottom Trawl Zones.--As of the date on which 
the Secretary designates an area as a Bottom Trawl Zone under 
subsection (a)(2)(D), bottom trawls may only be used in an area that is 
designated as a Bottom Trawl Zone.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Bottom trawl.--The term ``bottom trawl'' means, when 
        used within the jurisdiction of a Council, any trawl or dredge 
        fishing gear that makes substantial bottom contact with the 
        seafloor while in use, as defined by the Council or as 
        determined by the Secretary, as applicable.
            (2) Bottom trawl zone.--The term ``Bottom Trawl Zone'' 
        means an area within which bottom trawls may be used.
            (3) Council.--The term ``Council'' means a Regional Fishery 
        Management Council established by section 302 of the Magnuson-
        Stevens Fishery Conservation and Management Act (16 U.S.C. 
        1852).
            (4) Deep sea corals.--The term ``deep sea corals'' means 
        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) Alcyonacea (soft corals);
                            (ii) Antipatharia (black corals);
                            (iii) Gorgonacea (horny corals);
                            (iv) Hydrocorallina (hydrocorals), in the 
                        class Hydrozoa;
                            (v) Pennatulacea (sea pens), in the class 
                        Anthozoa; or
                            (vi) Scleractinia (stony corals).
            (5) Deep sea coral and sponge ecosystem.--The term ``deep 
        sea coral and sponge ecosystem'' means an ecosystem composed of 
        living deep sea corals or deep sea sponges, the benthic and 
        demersal species associated with such living deep sea corals or 
        deep sea sponges, and the biological, physical, chemical, and 
        geologic components that constitute habitat for living deep sea 
        corals or deep sea sponges.
            (6) Deep sea sponges.--The term ``deep sea sponges'' means 
        species that--
                    (A) occur at a depth of greater than 50 meters; and
                    (B) are in the phylum Porifera.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
                                 <all>