[Congressional Record Volume 151, Number 111 (Thursday, September 8, 2005)]
[Senate]
[Pages S9835-S9838]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LAUTENBERG (for himself, Mr. Martinez, and Mr. Lieberman):
  S. 1635. A bill to establish ocean bottom trawl areas in which 
trawling is permitted, to protect deep sea corals and sponges, and for 
other purposes; to the Committee on Commerce, Science, and 
Transportation.
  Mr. LAUTENBERG. President, I rise today to introduce, with my 
colleague Senator Martinez, a bill that will balance the needs of 
fishermen with the needs of some of our most precious and vulnerable 
ocean resources: deep sea corals and sponges. Fishing and fishing 
communities are an important part of our culture, our history, and our 
economy. Deep sea corals and sponges are an important suite of species 
with wide economic potential extreme valuable ecologically. It is 
imperative that we protect the needs of both.
  Deep sea corals are similar to tropical shallow-water corals, but are 
found in the deep cold waters near seamounts, ridges, undersea canyons, 
and the margins of the continental shelf. Like shallow-water corals, 
deep sea corals and sponges can form deepreefs and gardens that are 
essential to numerous marine species. For example, more than 1,300 
species live among the Lophelia coral reefs in the northeastern 
Atlantic Ocean. These animals rely on complex coral and sponge habitats 
for spawning, food, and shelter from predation.
  Deep sea corals and sponges are also important to humans. They 
provide habitat that commercially and recreationally important fish can 
use, and many are under study as sources of new biomedical compounds to 
fight various diseases.
  Scientists around the world believe that these newly discovered deep 
sea corals and sponges are as important as, if not more important than, 
their tropical cousins. The U.S. Commission on Ocean Policy suggested 
that the biodiversity of deep sea coral communities may rival that of 
shallow-water coral reefs. The National Oceanic and Atmospheric 
Administration stated in 2002 that deep sea coral ecosystems are ``much 
more extensive and of more widespread economic importance than tropical 
coral reefs.''
  Unfortunately, some types of fishing gear are detrimental to deep sea 
coral and sponge habitat. Today there is a serious risk that these 
precious deep sea corals, sponges, and their complex habitats will be 
inadvertently destroyed before they can be properly assessed by the 
scientific community. A single pass with a bottom trawl can wipe out a 
swath of this habitat that, because these species are extremely slow-
growing, can remain bare for decades if not centuries. The U.S. 
Commission on Ocean Policy's 2004 report emphasizes that deep sea 
corals need action for protection. Five of the eight Regional Fisheries 
Management Councils agree, and have recently set aside many of their 
coral habitat areas as no-bottom-trawling zones.
  The Bottom Trawl and Deep Sea Coral Habitat Act builds on actions of 
these Councils, providing protection for deep sea corals and sponges 
while also preserving fishermen's access to areas that have 
traditionally been trawled. The bill establishes three types of zones. 
Areas that are known to contain deep sea corals and sponges are set 
aside as Coral Habitat Zones, granting these species immediate 
protection. Areas that have been trawled at any time in the past seven 
years are established as Bottom Trawling Zones, where bottom trawling 
is permitted. Areas that fit neither category are defined Undesignated 
Zones, available at any time to be assigned as either Coral Habitat or 
Bottom Trawling Zones with results of research activities. Fishermen 
play a large role, through the Regional Councils, in defining how large 
these zones will be, and other types of fishing that do not use bottom 
gear are not impacted.

  The process of zone designation is designed not to shrink the area of 
existing bottom trawling but to limit the opening of new grounds to 
bottom trawling until after scientists discover the extent of deep sea 
corals and sponges. The intent is to preserve access to all areas that 
do not contain deep sea coral and sponge and that have been part of the 
fishing community's traditional grounds. These are not small areas. 
Traditional bottom trawl grounds include a large proportion of the U.S. 
Exclusive Economic Zone: 10 percent according to National Research 
Council data. In some regions, 75 percent of the shelf within 50 miles 
of shore in is trawled with bottom gear.
  We must act quickly, and our legislation provides a balanced approach 
to protection of fishing and protection of the environment. I call on 
my colleagues on the Commerce Committee, and the Senate leadership to 
take up, consider, and pass this bill as soon as possible.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1635

       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,

[[Page S9836]]

     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--

[[Page S9837]]

       (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

[[Page S9838]]

       (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.
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