I 

109TH CONGRESS 

1ST SESSION H. R. 2673 

To protect diverse and structurally complex areas of the seafloor in the 

United States exclusive economic zone by establishing a maximum diameter size limit on rockhopper, roller, and all other groundgear used on 

bottom trawls, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 26, 2005 

Mr. HEFLEY (for himself, Mr. KILDEE, Mrs. DAVIS of California, Mr. UDALL

of Colorado, Mr. HOLT, Mr. HONDA, Mr. CUNNINGHAM, and Ms. 

MCCOLLUM of Minnesota) introduced the following bill; which was referred to the Committee on Resources 

A BILL 

To protect diverse and structurally complex areas of the 

seafloor in the United States exclusive economic zone 

by establishing a maximum diameter size limit on 

rockhopper, roller, and all other groundgear used on 

bottom trawls, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ocean Habitat Protec5 tion Act’’. 
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1 SEC. 2. FINDINGS. 

2 The Congress finds the following: 

3 (1) Complex seafloor habitats created by geo4 logic structures and structure-forming organisms are 

5 essential to the maintenance of marine biodiversity 

6 and to numerous fish species, including commercially 

7 and recreationally targeted species, which rely on 

8 them for spawning, food, and shelter from predation. 

9 (2) The diverse fish and other marine species 

10 that are associated with three-dimensional, struc11 turally complex seafloor habitats within the exclusive 

12 economic zone of the United States— 

13 (A) constitute valuable and renewable nat14 ural resources; 

15 (B) are an essential component of marine 

16 biodiversity; 

17 (C) contribute to the food supply, economy, 

18 and health of the United States; 

19 (D) support the economies of coastal com20 munities; and 

21 (E) provide recreational opportunities. 

22 (3) Living organisms, such as deep-sea corals 

23 and sponges, which create complex habitat, have not 

24 been adequately studied for their potential benefit to 

25 society or for their ecological importance to fish spe26 cies and other forms of marine life. 
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1 (4) Scientists now recognize deep-sea corals to 

2 be as diverse as, and more widely distributed than, 

3 shallow, reef-forming tropical corals. 

4 (5) Deep-sea corals typically exhibit slow 

5 growth, extreme longevity, and highly patchy dis6 tribution, predominating along continental margins, 

7 sea mounts, and ridges. 

8 (6) Deep-sea coral habitats are subject to grow9 ing human pressures, particularly as a result of the 

10 rapid spread of deep-sea trawl fisheries into new re11 gions and new grounds, aided by the explosive devel12 opment of navigational, fish-finding, and other tech13 nologies. 

14 (7) The exceptional diversity, uniqueness, and 

15 vulnerability of deep-sea corals necessitates that 

16 their mapping and conservation be given a high pri17 ority. 

18 (8) Bottom trawling reduces habitat complexity 

19 and biological diversity by leveling geologic bedforms 

20 and by killing, removing, crushing, burying, and ex21 posing benthic organisms, including deep-sea corals 

22 and sponges, to predators and scavengers, thereby 

23 significantly reducing their value for economically 

24 and ecologically important fishes and other marine 

25 life. The resultant reduction in biodiversity is detri-
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1 mental to many commercially and recreationally im2 portant species and to the industries and people that 

3 depend on them. 

4 (9) In the past, the practice of bottom trawling 

5 was conducted mainly on soft bottom areas, and was 

6 rarely used in three-dimensional, structurally com7 plex habitats. 

8 (10) Technological modifications to bottom 

9 trawls, including the creation of large rockhopper 

10 and roller gear and chafing gear, facilitate the use 

11 of bottom trawls in rocky and other complex marine 

12 habitats that were once refuges for fishes and other 

13 marine life. 

14 (11) The expansion in the use of bottom trawls 

15 from soft bottom areas to three-dimensional, struc16 turally complex habitats over the past 25 years has 

17 had and continues to have significant, adverse ef18 fects on the diversity and habitat complexity of these 

19 areas, particularly on deep-sea corals and sponges 

20 which, due to their fragility, slow growth, and lon21 gevity, may take decades to centuries to recover 

22 from a single pass of a trawl. With repeated trawl23 ing in the same area, the damage may be irrevers24 ible. 
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1 (12) Numerous scientific studies show that bot2 tom trawling is especially damaging to three-dimen3 sional, structurally complex habitats such as corals, 

4 boulder fields, sponge beds, and gravel bottoms. Ac5 cording to a National Research Council report, 

6 ‘‘there is enough information currently available to 

7 support efforts to improve the management of the 

8 effects of these fishing gears on seafloor habitats.’’. 

9 (National Research Council Report 2002, page 66). 

10 (13) Prohibiting the use of large rockhopper, 

11 roller, and other groundgear is a practical, pre12 cautionary, and enforceable measure to protect 

13 structurally complex, benthic marine habitats from 

14 the damaging effects of bottom trawling. 

15 SEC. 3. PROHIBITION ON USE OF LARGE FOOTROPE DE16 VICES ON BOTTOM TRAWL GEAR. 

17 (a) POLICY AND PURPOSE.— 

18 (1) POLICY.—It is the policy of the United 

19 States that essential fish habitat, including com20 plexly structured bottom habitats, be protected from 

21 damage in order to protect the species that benefit 

22 from the habitat. 

23 (2) PURPOSE.—The purpose of this section is 

24 to restrict access of bottom trawls to complexly 

25 structured seafloor habitats, composed of geologic 
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1 and biogenic structures, that are found scattered 

2 throughout the Federal exclusive economic zone. 

3 (b) PROHIBITION.—Section 307 of the Magnuson4 Stevens Fishery Conservation and Management Act (16 

5 U.S.C. 1857) is amended— 

6 (1) by inserting ‘‘(a) In General.—’’ before ‘‘It 

7 is unlawful—’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(b) BOTTOM TRAWL FISHING.— 

10 ‘‘(1) PROHIBITION.—It is unlawful for any per11 son to use a bottom trawl with rollers, bobbins, tires, 

12 rockhoppers, or any other devices that are affixed to 

13 the footrope (also known as the sweep) and that are 

14 in excess of 8 inches in diameter, for fishing that is 

15 subject to the jurisdiction of the United States, in16 cluding fishing by a vessel of the United States be17 yond the equivalent of the exclusive economic zone 

18 of all countries. 

19 ‘‘(2) EXEMPTION OF FISHING IN CERTAIN

20 AREAS.—Paragraph (1) shall not apply to fishing in 

21 an area that is exempted by the Secretary under 

22 paragraph (3). 

23 ‘‘(3) EXEMPTED FISHING AREAS.—(A) The 

24 Secretary may exempt fishing in an area of the ex-
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1 clusive economic zone from the prohibition under 

2 paragraph (1) if— 

3 ‘‘(A) the Council having jurisdiction over 

4 the area submits to the Secretary— 

5 ‘‘(i) substantial evidence that— 

6 ‘‘(I) the area is comprised pre7 dominately of sand and mud bottom; 

8 and 

9 ‘‘(II) the use of rollers, bobbins, 

10 or other rotating devices in excess of 

11 8 inches in diameter that are affixed 

12 to the footrope of bottom trawl nets 

13 used for fishing in the area is nec14 essary to prevent a significant in15 crease from rates of bycatch of non16 target managed species as of the date 

17 of the enactment of this subsection, or 

18 to provide significant other benefits; 

19 ‘‘(ii) the specific geographic bound20 aries of the area; and 

21 ‘‘(iii) a credible and effective vessel 

22 monitoring plan that would require a vessel 

23 monitoring system on board all vessels en24 gaged in bottom trawl fishing in the area; 

25 and 
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1 ‘‘(B) the Secretary— 

2 ‘‘(i) determines that the evidence and 

3 plan are satisfactory; and 

4 ‘‘(ii) issues regulations that implement 

5 the vessel monitoring plan.’’. 

6 (3) EFFECTIVE DATE.—Section 307(b)(1) of 

7 the Magnuson-Stevens Fishery Conservation and 

8 Management Act, as amended by this subsection, 

9 shall take effect upon the expiration of the 1-year 

10 period beginning on the date of the enactment of 

11 this Act, and shall apply to fishing after that period. 

12 (4) REBUTTABLE PRESUMPTION.—Section 

13 310(e) of the Magnuson-Stevens Fishery Conserva14 tion and Management Act (16 U.S.C. 1860(e)) is 

15 amended by adding at the end the following: 

16 ‘‘(4) For purposes of this Act, it shall be a re17 buttable presumption that any vessel that is shore18 ward of the outer boundary of the exclusive eco19 nomic zone, or beyond the equivalent zone of all 

20 countries, and that has on board gear comprised of 

21 a trawl net with rollers, bobbins, tires, rockhoppers, 

22 or any other devices attached to the footrope of the 

23 trawl net that are in excess of 8 inches in diameter, 

24 is engaged in fishing using such gear, unless— 
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1 ‘‘(A) the captain, master, or individual in 

2 charge of the vessel has declared to the Sec3 retary in the manner prescribed by the Sec4 retary in regulations, prior to the trip, his or 

5 her intention to use the gear in an area of mud 

6 or sand bottom covered by an exemption under 

7 section 307(b)(3); and 

8 ‘‘(B) the vessel has on board a functioning 

9 vessel monitoring system required by regula10 tions issued by the Secretary under section 

11 307(b)(3)(B)(ii).’’. 

12 SEC. 4. ASSISTANCE. 

13 (a) GEAR TRANSITION ASSISTANCE.—The Secretary 

14 of Commerce may provide to a person that is the owner 

15 of a qualified fishing vessel under subsection (d), on a one16 time basis, financial assistance in an amount not to exceed 

17 $4,000 per qualified fishing vessel owned by the person, 

18 to pay for any of the following: 

19 (1) The depreciated cost of rockhoppers, rollers, 

20 tires, bobbins, or other similar devices in excess of 

21 8 inches in diameter that are part of the fishing 

22 gear of the vessel on the date of the enactment of 

23 this Act and that are disposed of in a manner that 

24 is approved by the Secretary. 
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1 (2) The cost of converting trawl nets that are 

2 part of the fishing gear of the vessel on the date of 

3 the enactment of this Act to footrope gear that is 8 

4 inches or less in diameter. 

5 (b) PAYMENT FOR PROMPT CONVERSION.—The Sec6 retary of Commerce may provide to a person that is the 

7 owner of a qualified fishing vessel under subsection (d) 

8 a one-time payment of $10,000, if the person, by not later 

9 than 6 months after the date of the enactment of this 

10 Act— 

11 (1) ceases to engage in trawling; and 

12 (2) commits to not engage in fishing other than 

13 fishing exclusively with fixed gear comprised solely 

14 of any combination of fishpots, fishtraps, or hook15 and-line gear. 

16 (c) ECONOMIC ASSISTANCE.— 

17 (1) VESSEL OWNERS AND CREWS.—The Sec18 retary of Commerce shall, based on such factors as 

19 the Secretary considers to be relevant, provide eco20 nomic assistance to— 

21 (A) the owner of a qualified fishing vessel 

22 who— 

23 (i) applies within 6 months after the 

24 date of the enactment of this Act, in the 

25 manner prescribed by the Secretary in reg-
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1 ulations, to cease fishing in bottom trawl 

2 fisheries; and 

3 (ii) does not continue fishing in other 

4 fisheries; and 

5 (B) any individual who is a member of the 

6 crew of a qualified fishing vessel the owner of 

7 which applies within 6 months after the date of 

8 the enactment of this Act to cease fishing in 

9 bottom trawl fisheries. 

10 (2) INCLUDED ASSISTANCE.—Economic assist11 ance under this subsection may include— 

12 (A) income assistance— 

13 (i) for a period of not to exceed 2- 

14 years; and 

15 (ii) in an amount not to exceed the 

16 amount of income earned by the vessel 

17 owner or crew member, as applicable, in 

18 the taxable year preceding the date of the 

19 application for assistance that is attrib20 utable to the fishing vessel or employment 

21 on the qualified fishing vessel, as reported 

22 to the Internal Revenue Service; and 

23 (B) funds for training for nonfishery em24 ployment that the Secretary determines reason25 able, for a period of not to exceed 2 years. 
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1 (3) REPORT.—The Secretary of Commerce 

2 shall, by not later than 12 months after the date of 

3 the enactment of this Act, submit a report to the 

4 Congress estimating the costs of implementing this 

5 subsection. 

6 (d) QUALIFIED FISHING VESSELS.—A vessel shall be 

7 a qualified fishing vessel for purposes of this section if 

8 it is a vessel of the United States authorized to be used 

9 for trawl fishing by a permit under the Magnuson-Stevens 

10 Fishery Conservation and Management Act (16 U.S.C. 

11 1801 et seq.) that is in effect on date of enactment of 

12 this Act. 

13 (e) PROHIBITION ON ISSUANCE OF TRAWL PER14 MIT.—The Secretary of Commerce shall not issue any per15 mit that authorizes trawl fishing by an individual who re16 ceives economic assistance under this section. 

17 SEC. 5. SCIENTIFIC INFORMATION ON SEAFLOOR HABITAT. 

18 (a) IN GENERAL.—Not later than 1 year after the 

19 date of the enactment of this Act, the Secretary of Com20 merce, in consultation with the United States Geological 

21 Survey, shall— 

22 (1) undertake a program to collect, and make 

23 available to Regional Fishery Management Councils, 

24 information and maps on the existence, location, 

25 composition, condition, and protected status of the 
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1 diverse bottom habitats of the exclusive economic 

2 zone of the United States; and 

3 (2) complete such program within 10 years 

4 after the date of the enactment of this Act. 

5 (b) COOPERATION OF OTHER AGENCIES AND COUN6 CILS.—The head of each Federal agency and each Re7 gional Fishery Management Council shall cooperate with 

8 the Secretary to provide relevant information for purposes 

9 of this section. 

10 (c) USE OF INFORMATION BY COUNCILS.—Each Re11 gional Fishery Management Council shall use the informa12 tion made available by the Secretary under subsection (a) 

13 as appropriate to make determinations otherwise required 

14 by law regarding seafloor habitats that should be protected 

15 from bottom trawling, other types of fishing gear, and 

16 other types of human impacts. 

17 (d) REPORTS.—The Secretary shall report to the 

18 Congress on the progress made in carrying out the pro19 gram under subsection (a), by not later than 1 year after 

20 the date of the enactment of this Act and annually there21 after. 

22 SEC. 6. APPROPRIATIONS. 

23 There are authorized to be appropriated to the Sec24 retary of Commerce— 
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1 (1) $8,000,000 for providing gear transition as2 sistance under section 4(a); 

3 (2) such sums as may be necessary for— 

4 (A) making payments under section 4(b); 

5 and 

6 (B) providing economic assistance under 

7 section 4(c); and 

8 (3) $100,000,000 for carrying out section 5. 

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