I 

109TH CONGRESS 

1ST SESSION H. R. 3469 

To prohibit the import, export, and take of certain coral reef species, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 27, 2005 

Mr. CASE introduced the following bill; which was referred to the Committee 

on Resources, and in addition to the Committees on Ways and Means and 

International Relations, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To prohibit the import, export, and take of certain coral 

reef species, and for other purposes. 

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 ‘‘Coral Reef Conserva5 tion and Protection Act of 2005’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) Coral reefs and coral reef ecosystems are 

9 the marine equivalent of tropical rain forests, con-
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1 taining some of the richest biological diversity, habi2 tats, and systems on Earth and supporting thou3 sands of fish, invertebrates, algae, plankton, sea 

4 grasses, and other species. 

5 (2) Coral reefs and coral reef ecosystems have 

6 great commercial, recreational, cultural, and aes7 thetic value to human communities as shoreline pro8 tection, areas of natural beauty, and sources of food, 

9 jobs, and pharmaceuticals, and are the focus of a 

10 wide variety of activities, including education, re11 search, recreation, tourism, and fishing. 

12 (3) Studies indicate that coral reef ecosystems 

13 in the United States and around the world are being 

14 degraded and severely threatened by human activi15 ties including land-based pollution, overfishing, de16 structive fishing practices, coastal development, ves17 sel groundings, and climate change. 

18 (4) Executive Order 13089 created the United 

19 States Coral Reef Task Force, which is chaired by 

20 the Secretary of the Interior and the Secretary of 

21 Commerce, to develop measures necessary to reduce 

22 and mitigate coral reef ecosystem degradation and to 

23 restore damaged coral reefs, assess the United 

24 States role in international trade and protection of 

25 coral reef species, and implement appropriate strate-
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1 gies and actions to promote conservation and sus2 tainable use of coral reef resources. 

3 (5) International trade in coral, other reef in4 vertebrates, reef fish, live rock, and other coral prod5 ucts contributes to the decline and degradation of 

6 reefs, primarily through the use of destructive collec7 tion practices, overexploitation of resources, and loss 

8 of reef habitat. 

9 (6) The United States is the largest importer of 

10 live coral, live rock, and marine fish for the aquar11 ium trade and of coral skeletons and precious corals 

12 for souvenirs and jewelry. 

13 (7) The harvest of live coral and wild live rock 

14 is of special concern because it removes essential 

15 components of reef habitats, increases erosion, and 

16 damages critical fisheries habitats. 

17 (8) More than half of the fish imported into the 

18 United States for the marine aquarium market are 

19 estimated to be captured with the use of cyanide and 

20 other poisons which kill other coral reef species and 

21 the corals that form the reef framework, and these 

22 destructive fishing practices are becoming increas23 ingly common in other countries to meet the growing 

24 worldwide demand for ornamental fish and live food 

25 fish. 
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(9) As many as 1⁄3 to 1 1 ⁄2 of the aquarium fish 

2 imported from Southeast Asia die shortly after arriv3 ing in the United States due to stress associated 

4 with handling and transport and the use of cyanide 

5 during capture, and such high mortality rates lead 

6 to continued pressure for extraction from the wild to 

7 maintain public and private collections. 

8 (10) The United States, as the world’s largest 

9 importer of coral reef species and products and as 

10 a party to the Convention on the International 

11 Trade in Endangered Species of Wild Fauna and 

12 Flora (CITES), should play a substantial role in 

13 conserving and restoring coral reef ecosystems, in14 cluding assisting other countries in developing and 

15 implementing coral reef conservation programs and 

16 ensuring that the market in the United States for 

17 coral reef species and products does not contribute 

18 to the detriment of the survival of the species in the 

19 wild or to the detriment of coral reef ecosystems. 

20 (11) The United States should also exercise 

21 leadership in moving from a species-based sustain22 able management approach to an ecosystem-based 

23 approach. 

24 (b) PURPOSE.—The purpose of this Act is to provide 

25 a series of nondiscriminatory measures which are nec-
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1 essary for the conservation of coral reef species and fur2 ther the obligations of the United States under CITES. 

3 SEC. 3. PROHIBITION ON TAKING, IMPORTING, EXPORTING, 

4 AND TRANSPORTING CERTAIN CORAL REEF 

5 SPECIES. 

6 (a) IN GENERAL.—Subject to section 4, it is unlawful 

7 for any person to— 

8 (1) take any covered coral reef species within 

9 waters under the jurisdiction of the United States; 

10 (2) import into or export from the United 

11 States any covered coral reef species; 

12 (3) possess, sell, purchase, deliver, carry, trans13 port, or receive in interstate or foreign commerce 

14 any covered coral reef species taken or imported in 

15 violation of paragraphs (1) or (2); or 

16 (4) attempt to commit any act described in 

17 paragraphs (1) through (3). 

18 (b) COVERED CORAL REEF SPECIES.— 

19 (1) IN GENERAL.—For the purposes of this 

20 Act, the term ‘‘covered coral reef species’’ means— 

21 (A) any species of coral or ornamental reef 

22 fish; 

23 (B) any coral reef species listed in appen24 dix II of the Convention on International Trade 

25 in Endangered Species of Wild Fauna and 
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1 Flora (CITES) as of the effective date of this 

2 Act; 

3 (C) any coral reef species added to appen4 dix II of CITES after the effective date of this 

5 Act, unless the Secretary of the Interior, in con6 sultation with the Secretary of Commerce, finds 

7 before the expiration of the 90-day period which 

8 begins on the effective date of the inclusion of 

9 such species in appendix II that the take, im10 port, and export of such species do not rep11 resent a substantial risk of harm to the sustain12 ability of such species and its coral reef eco13 system; or 

14 (D) any other coral reef species (excluding 

15 any finfish, mollusk, crustacean, or other ani16 mal or plant species taken for human consump17 tion) the take, import, or export of which the 

18 Secretary of the Interior and the Secretary of 

19 Commerce have determined, after notice and 

20 opportunity for public comment— 

21 (i) presents a substantial risk of harm 

22 to the sustainability of such species or of 

23 its coral reef ecosystem; or 
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1 (ii) results in high mortality rates for 

2 individuals of that species due to poor sur3 vivorship in transport or captivity. 

4 (2) REMOVAL OF A SPECIES FROM DEFINI5 TION.— 

6 (A) IN GENERAL.—A species may be re7 moved from the definition of covered coral reef 

8 species under paragraphs (1)(B) through (D), if 

9 the Secretary of the Interior determines that 

10 the take, import, and export of such species do 

11 not represent a substantial risk of harm to the 

12 sustainability of that species and of its coral 

13 reef ecosystem. 

14 (B) ROLE OF SECRETARY OF COM15 MERCE.—In carrying out subparagraph (A), the 

16 Secretary of the Interior shall consult with the 

17 Secretary of Commerce with respect to a cov18 ered coral reef species under paragraph (1)(B) 

19 or (1)(C), and act jointly with the Secretary of 

20 the Interior with respect to a covered coral reef 

21 species under paragraph (1)(D). 

22 (c) EFFECTIVE DATE.—This section shall take effect 

23 upon the expiration of the 1-year period which begins on 

24 the date of the enactment of this Act. 
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1 SEC. 4. EXCEPTIONS. 

2 (a) IN GENERAL.— 

3 (1) SCIENTIFICALLY-BASED MANAGEMENT

4 PLANS.— 

5 (A) EXCEPTION.—Section 3 shall not 

6 apply with respect to a covered coral reef spe7 cies if such species was taken in accordance 

8 with a qualified scientifically-based management 

9 plan. 

10 (B) QUALIFICATION OF PLAN.—For pur11 poses of this subsection, a scientifically-based 

12 management plan is qualified if the appropriate 

13 Secretary determines that the plan— 

14 (i) provides for the conservation of a 

15 covered coral reef species and its habitat; 

16 (ii) provides that a covered coral reef 

17 species is taken in such a manner and in 

18 such quantities so as not to threaten the 

19 biological sustainability of that species or 

20 its role in the ecosystem and so as to mini21 mize the adverse impact of the take on the 

22 coral reef; 

23 (iii) addresses factors relevant to the 

24 conservation of a covered coral reef species, 

25 which may include illegal trade, domestic 

26 trade, subsistence use, disease, habitat 
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1 loss, and cumulative effects of the take on 

2 the coral reef species; and 

3 (iv) prohibits the use of the destruc4 tive collection practices described in sub5 section (b)(2). 

6 (C) APPROPRIATE SECRETARY.—For pur7 poses of this paragraph, the term ‘‘appropriate 

8 Secretary’’ means— 

9 (i) the Secretary of Commerce with 

10 respect to domestic plans; 

11 (ii) the Secretary of Commerce and 

12 the Secretary of the Interior with respect 

13 to foreign plans; or 

14 (iii) the Secretary with jurisdiction 

15 over the waters in which the plan is located 

16 with respect to plans located in waters 

17 within the Exclusive Economic Zone (as 

18 defined under section (3) of the Magnuson19 Stevens Fishery Conservation and Manage20 ment Act (16 U.S.C. 1802)). 

21 (2) COOPERATIVE BREEDING PROGRAMS.— 

22 (A) EXCEPTION.—Section 3 shall not 

23 apply with respect to a covered coral reef spe24 cies if such species is a product of a qualified 

25 cooperative breeding program. 
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1 (B) QUALIFICATION OF PROGRAM.—For 

2 purposes of this subsection, a cooperative breed3 ing program is qualified if the Secretary of 

4 Commerce, in the case of domestic programs, or 

5 the Secretary of Commerce and the Secretary 

6 of the Interior, in the case of foreign programs, 

7 determines that the program is— 

8 (i) designed to promote the conserva9 tion of covered coral reef species and main10 tain such species in the wild by enhancing 

11 the propagation and survival of such spe12 cies; and 

13 (ii) developed and administered by, or 

14 in conjunction with, an aquarium, con15 servation, or zoological organization which 

16 meets standards established by the appro17 priate Secretary. 

18 (3) AQUACULTURE AND MARICULTURE FACILI19 TIES.— 

20 (A) EXCEPTION.—Section 3 shall not 

21 apply with respect to a covered coral reef spe22 cies if such species is a product of a qualified 

23 aquaculture or mariculture facility. 

24 (B) QUALIFICATION OF FACILITY.—For 

25 purposes of this subsection, an aquaculture or 
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1 mariculture facility is qualified if the Secretary 

2 of Commerce, in the case of domestic facilities, 

3 or the Secretary of Commerce and the Sec4 retary of the Interior, in the case of foreign fa5 cilities, determines that the facility— 

6 (i) demonstrates the capability to 

7 produce sufficient captive covered coral 

8 reef species in the numbers to be traded 

9 from that facility; 

10 (ii) operates in a manner which is not 

11 detrimental to the conservation of the spe12 cies in the wild; 

13 (iii) operates in a manner which does 

14 not harm existing ecosystems, such as by 

15 introducing non-indigenous species or 

16 pathogens; and 

17 (iv) operates with sufficient safe18 guards so as to prevent the escape of cap19 tive species and their eggs, larvae, young, 

20 fragments, and other organs of propaga21 tion. 

22 (4) SCIENTIFIC, MUSEUM, OR ZOOLOGICAL PUR23 POSES.—Section 3 shall not apply with respect to a 

24 covered coral reef species taken pursuant to author25 ization by the Secretary of Commerce, or imported 
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1 or exported pursuant to authorization by the Sec2 retary of the Interior for scientific purposes, mu3 seum purposes, or zoological breeding or display. 

4 (5) INCIDENTAL TAKES.—Section 3 shall not 

5 apply with respect to a covered coral reef species 

6 taken incidentally, if such incidental takes are ex7 empted by the Secretary of the Interior and the Sec8 retary of Commerce by regulation. 

9 (6) SUBSISTENCE.—Section 3 shall not apply 

10 with respect to a covered coral reef species taken for 

11 personal consumption by an individual, if the taking 

12 is customary, traditional, or necessary for the sub13 sistence of the individual or the individual’s family. 

14 (b) NO EXCEPTION FOR SPECIES TAKEN USING DE15 STRUCTIVE COLLECTION PRACTICES.— 

16 (1) IN GENERAL.—No exception shall be al17 lowed under subsection (a) with respect to a covered 

18 coral reef species that was— 

19 (A) taken in waters under the jurisdiction 

20 of the United States using any destructive col21 lection practice; or 

22 (B) imported or exported without a certifi23 cation by the importer or exporter that the cov24 ered coral reef species to be imported or ex-
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1 ported was not taken through the use of any 

2 destructive collection practice. 

3 (2) DESTRUCTIVE COLLECTION PRACTICES.— 

4 For the purposes of this Act, ‘‘destructive collection 

5 practice’’ means any practice used in the take of 

6 coral reef species which includes any of the fol7 lowing: 

8 (A) Reef-dredging. 

9 (B) Explosives. 

10 (C) Poisons. 

11 (D) Any other destructive collection prac12 tice identified by the Secretary of Commerce by 

13 regulation, in consultation with the Secretary of 

14 the Interior and the advisory group described in 

15 section 6(b). 

16 (3) PRESENCE OF POISONS.—For the purposes 

17 of this Act, the presence of cyanide, any other poi18 son, or any metabolite associated with any such poi19 son in a coral reef species shall constitute evidence 

20 that poison was used in the take of the coral reef 

21 species. 

22 SEC. 5. CONSULTATION REGARDING PROTECTION OF 

23 CORAL REEF SPECIES. 

24 The Secretary of State, in consultation with the Ad25 ministrator of the United States Agency for International 
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1 Development, the Secretary of the Interior, and the Sec2 retary of Commerce, may initiate consultations with for3 eign governments which are engaged in, or whose citizens 

4 include persons engaged in, commercial operations which 

5 take coral reef species, for the purpose of— 

6 (1) encouraging the protection of coral reef spe7 cies through building consensus on standards for, 

8 and implementation of, sustainable management 

9 plans; and 

10 (2) taking steps to eliminate of the use of the 

11 destructive collection practices described in section 

12 4(b)(2). 

13 SEC. 6. COORDINATION REGARDING CONSERVATION OF 

14 CORAL REEF ECOSYSTEMS. 

15 (a) CORAL REEF TASK FORCE.—In carrying out this 

16 Act, the Secretary of the Interior and the Secretary of 

17 Commerce shall coordinate with members of the Coral 

18 Reef Task Force for the conservation and sustainable 

19 management of coral reef ecosystems. 

20 (b) ADVISORY GROUP.— 

21 (1) IN GENERAL.—The Secretary of the Inte22 rior and the Secretary of Commerce shall convene an 

23 advisory group consisting of individuals representing 

24 public and private organizations affected by this Act, 

25 including persons involved in the conservation of 
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1 coral reef ecosystems, the harvest and trade of coral 

2 reef species, and the operation of cooperative breed3 ing programs and aquaculture and mariculture fa4 cilities for the propagation of coral reef species, and 

5 representatives of Federal agencies, States, and ter6 ritories, which are represented on the Coral Reef 

7 Task Force. 

8 (2) DEVELOPMENT OF GUIDELINES, STRATEGY, 

9 AND CRITERIA.—Before the expiration of the 1-year 

10 period which begins on the date of the enactment of 

11 this Act, the Secretary of the Interior and the Sec12 retary of Commerce, in consultation with the advi13 sory group, shall develop— 

14 (A) criteria and indicators for the con15 servation and sustainable management of coral 

16 reef ecosystems; 

17 (B) a coordinated national strategy for 

18 conservation and sustainable management of 

19 coral reef species and ecosystems based on the 

20 criteria and indicators developed under sub21 paragraph (A); and 

22 (C) guidelines for the capture, commercial 

23 transport, and handling of coral reef species 

24 which would improve their rates of survival. 
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1 (c) INTERNATIONAL COOPERATION.—The Secretary 

2 of State and the Administrator of the United States Agen3 cy for International Development, in coordination with the 

4 heads of other appropriate departments and agencies, 

5 shall utilize their authorities to further the purposes of 

6 this Act by encouraging policies and implementing pro7 grams to promote the conservation and sustainable man8 agement of coral reef ecosystems in other parts of the 

9 world, by such means as multilateral negotiations, partici10 pation in various international fora, bilateral assistance, 

11 and capacity building. 

12 SEC. 7. ENFORCEMENT. 

13 (a) CIVIL MONEY PENALTIES.— 

14 (1) IN GENERAL.—The Secretary of the Inte15 rior or the Secretary of Commerce, upon finding a 

16 violation of section 3, may require the person re17 sponsible for such violation to pay a civil money pen18 alty in an amount determined under a schedule of 

19 penalties which is established and published by the 

20 Secretary, but which does not exceed $25,000 for 

21 each violation, and which takes into account— 

22 (A) the nature of the violation involved; 

23 (B) the revenues of the person; 

24 (C) previous violations of section 3 by the 

25 person; and 
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1 (D) such other factors as the Secretary 

2 considers appropriate. 

3 (2) NOTICE AND OPPORTUNITY FOR HEAR4 ING.—The Secretary of the Interior or the Secretary 

5 of Commerce may not make any determination ad6 verse to a person under subsection (a) until such 

7 person has been given written notice and an oppor8 tunity to be heard before the Secretary or designee. 

9 (b) DECLARATORY OR INJUNCTIVE RELIEF.—The 

10 Attorney General may bring a civil action in an appro11 priate United States district court seeking declaratory or 

12 injunctive relief for any alleged violation of section 3. 

13 (c) CRIMINAL PENALTIES.— 

14 (1) IN GENERAL.—Any person who knowingly 

15 violates section 3 shall be fined in accordance with 

16 title 18, United States Code, imprisoned for not 

17 more than 6 months, or both. 

18 (2) PERSONS ENGAGED IN BUSINESS.—Any 

19 person engaged in business as an importer or ex20 porter of coral reef species who knowingly violates 

21 section 3 shall be fined in accordance with title 18, 

22 United States Code, or imprisoned for not more 

23 than 2 years, or both. 

24 (3) FALSE STATEMENTS IN CERTIFICATIONS.— 

25 Any person who knowingly makes, causes to be 
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1 made, or submits any false material statement or 

2 representation in a certification under section 

3 4(b)(1)(B) shall be fined in accordance with title 18, 

4 United States Code, or imprisoned for not more 

5 than 2 years, or both, and may also be prohibited 

6 from importing or exporting any coral reef species. 

7 (d) REWARDS AND INCIDENTAL EXPENSES.— 

8 (1) IN GENERAL.—The Secretary of the Inte9 rior or the Secretary of Commerce may pay, from 

10 sums received as penalties, fines, or forfeitures of 

11 property for violations of section 3— 

12 (A) a reward to any person who furnishes 

13 information which leads to an arrest, criminal 

14 conviction, civil penalty assessment, or for15 feiture of property for any violation of section 

16 3; and 

17 (B) the reasonable and necessary costs in18 curred by any person in providing temporary 

19 care for any coral reef species pending the dis20 position of any civil or criminal proceeding al21 leging a violation of section 3. 

22 (2) AMOUNT OF REWARD.—The amount of a 

23 reward paid under this subsection shall be des24 ignated by the Secretary of the Interior or the Sec25 retary of Commerce. 
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1 (3) INELIGIBILITY OF GOVERNMENT OFFI2 CIALS.—Any officer or employee of the United 

3 States or any State or local government who fur4 nishes information or renders service in the perform5 ance of his official duties is ineligible to receive a re6 ward under this subsection. 

7 (e) EXECUTIVE BRANCH ENFORCEMENT.— 

8 (1) SEARCHES AND SEIZURES.— 

9 (A) IN GENERAL.—Any person authorized 

10 by the Secretary of the Interior, the Secretary 

11 of Commerce, the Secretary of the Treasury, or 

12 the Secretary of the department in which the 

13 Coast Guard is operating may search and seize 

14 any coral reef species taken, imported, ex15 ported, possessed, sold, delivered, carried, 

16 transported, or received in violation of section 

17 3, with or without a warrant, as authorized by 

18 law. 

19 (B) SEIZED CORAL REEF SPECIES.—Any 

20 coral reef species seized under subparagraph 

21 (A) shall be held by any person so authorized 

22 pending disposition of civil or criminal pro23 ceedings, or the institution of an action in rem 

24 for forfeiture of such coral reef species pursu25 ant to paragraph (3), except that the appro-
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1 priate Secretary may, in lieu of holding such 

2 species, permit the owner or consignee to post 

3 a bond or other surety satisfactory to the Sec4 retary, but upon forfeiture of any such property 

5 to the United States, or the abandonment or 

6 waiver of any claim to any such property, it 

7 shall be disposed of (other than by sale to the 

8 general public) by the Secretary in such a man9 ner, consistent with the purposes of this Act, as 

10 the Secretary shall by regulation prescribe. 

11 (2) CITATIONS.—If any officer authorized to 

12 enforce the provisions of this Act finds that a person 

13 has violated section 3, such officer may, in accord14 ance with regulations issued by the Secretary of 

15 Commerce, Secretary of the Interior, and the Sec16 retary of the department in which the Coast Guard 

17 is operating, issue a citation to the violator. 

18 (3) FORFEITURE.— 

19 (A) CORAL REEF SPECIES.—All coral reef 

20 species taken, imported, exported, possessed, 

21 sold, delivered, carried, transported, or received 

22 in violation of section 3 shall be subject to for23 feiture to the United States. 

24 (B) EQUIPMENT USED IN UNLAWFUL

25 PRACTICES.—All guns, traps, nets, and other 
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1 equipment, vessels, vehicles, aircraft, and other 

2 means of transportation used to aid the take, 

3 importing, exporting, possessing, selling, pur4 chasing, delivering, carrying, transporting, or 

5 receiving of any coral reef species in violation of 

6 section 3, shall be subject to forfeiture to the 

7 United States upon conviction of a criminal vio8 lation pursuant to subsections (b)(1) or (b)(2). 

9 (4) OTHER PROVISIONS OF LAW.—Any provi10 sion of law relating to the seizure, forfeiture, and 

11 condemnation of a vessel for violation a customs law, 

12 the disposition of such vessel or the proceeds from 

13 the sale thereof, and the remission or mitigation of 

14 such forfeiture, shall apply to any seizure or for15 feiture incurred or allegedly incurred under this Act, 

16 insofar as such provision of law is applicable and not 

17 inconsistent with the provisions of this Act, except 

18 that all powers, rights, and duties conferred or im19 posed by the customs laws upon any officer or em20 ployee of the Department of the Treasury shall, for 

21 the purposes of this Act, be exercised or performed 

22 by the Secretary of Commerce or by such persons as 

23 the Secretary may designate. 

24 (f) CITIZEN ACTIONS.— 
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1 (1) IN GENERAL.—Except as provided in para2 graph (2), any person may commence a civil action 

3 to enjoin any person, including the United States 

4 and any other governmental instrumentality or agen5 cy (to the extent permitted by the 11th Amendment 

6 to the Constitution), who is alleged to be in violation 

7 of section 3. 

8 (2) JURISDICTION OF DISTRICT COURTS.—The 

9 United States District Court for the judicial district 

10 in which the alleged violation occurs shall have juris11 diction in all actions brought under this subsection, 

12 without regard for the amount in controversy or the 

13 citizenship of the parties. 

14 (3) INTERVENTION BY ATTORNEY GENERAL.— 

15 In any such action under this subsection in which 

16 the United States is not a party, the Attorney Gen17 eral may intervene on behalf of the United States as 

18 a matter of right. 

19 (4) EXCEPTIONS.—No action may be com20 menced under this subsection— 

21 (A) prior to 60 days after written notice of 

22 the violation has been given to the Secretary of 

23 the Interior and the Secretary of Commerce, 

24 and to any alleged violator of any such provi25 sion or regulation; or 
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1 (B) if the Secretary of the Interior, the 

2 Secretary of Commerce, or the Attorney Gen3 eral has initiated an enforcement action under 

4 this section. 

5 (5) RECOVERY OF COURT COSTS.—In any ac6 tion brought pursuant to paragraph (1), the court 

7 may award costs of litigation (including reasonable 

8 attorney and expert witness fees) to any party, 

9 whenever the court determines such award is appro10 priate. 

11 (6) RELIEF UNDER OTHER LAWS.—The injunc12 tive relief provided by this subsection shall not re13 strict any right which any person may have under 

14 any statute or common law to seek enforcement of 

15 any standard or limitation or to seek any other re16 lief. 

17 (g) AMERICAN SAMOA.—For the purposes of any ac18 tion brought under this Act, American Samoa shall be in19 cluded within the judicial district of the United States Dis20 trict Court for the District of Hawaii. 

21 SEC. 8. REGULATIONS. 

22 (a) IN GENERAL.—Before the expiration of the 1- 

23 year period beginning on the date of the enactment of this 

24 Act, the Secretary of the Interior and the Secretary of 

25 Commerce shall promulgate such regulations as they deem 
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1 necessary and appropriate to carry out the purposes of 

2 this Act. 

3 (b) ENFORCEMENT REGULATIONS.—The Secretary 

4 of the Interior, the Secretary of Commerce, the Secretary 

5 of the Treasury, and the Secretary of the department in 

6 which the Coast Guard is operating, are authorized to pro7 mulgate such regulations as may be appropriate to enforce 

8 this Act, and charge reasonable fees for expenses con9 nected with reviewing certificates authorized by this Act, 

10 including processing applications and reasonable inspec11 tions, and with the transfer, board, handling, or storage 

12 of coral reef species and evidentiary items seized and for13 feited under this Act. Any such fees collected pursuant 

14 to this subsection shall be deposited in the Treasury to 

15 the credit of the appropriation which is current and 

16 chargeable for the cost of furnishing the services. Appro17 priated funds may be expended pending reimbursement 

18 from parties in interest. 

19 SEC. 9. RELATIONSHIP TO STATE LAWS. 

20 Nothing in this Act shall be construed or interpreted 

21 as preempting any State from imposing any more restric22 tive requirement regarding any coral reef species, so long 

23 as such requirement is consistent with the international 

24 obligations of the United States and this Act. 
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1 SEC. 10. RELATIONSHIP TO FEDERAL FISHERY MANAGE2 MENT PLANS. 

3 Nothing in this Act shall be construed or interpreted 

4 as preempting any fishery management plan developed 

5 under the Magnuson-Stevens Fishery Conservation and 

6 Management Act (16 U.S.C. 1801 et seq.) that contains 

7 management measures more restrictive than those re8 quired by this Act. 

9 SEC. 11. DEFINITIONS. 

10 In this Act, the following definitions apply: 

11 (1) The term ‘‘coral’’ means any living or dead 

12 specimens, parts or derivatives, or any product con13 taining specimens, parts or derivatives of any species 

14 of the phylum Cnidaria, including— 

15 (A) all species of black corals 

16 (Antipatharia), stony corals (Scleractinia), soft 

17 corals (Alcyonacea), horny corals (Gorgonacea), 

18 organ pipe corals (Stolonifera), blue corals 

19 (Coenothecalia), anemones (Actiniaria), 

20 coralliomorphs (Coralliomorpharia), and 

21 zooanthids (Zoanthidea) of the class Anthozoa; 

22 and 

23 (B) all species of the fire corals 

24 (Milleporina) and lace corals (Stylasterina) of 

25 the class Hydrozoa. 
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1 (2) The term ‘‘coral reef’’ means any reef, 

2 shoal, or other natural feature composed in part of 

3 the solid skeletal structures in which corals are 

4 major framework constituents. 

5 (3) The term ‘‘coral reef ecosystem’’ means the 

6 interacting complex of species (including reef plants 

7 of the phyla Chlorophyta, Phaeophyta, and 

8 Rhodophyta) and nonliving variables associated with 

9 coral reefs and their habitats which function as an 

10 ecological unit in nature and which are mutually de11 pendent on this function to survive. 

12 (4) The term ‘‘coral reef species’’ means— 

13 (A) any species of plant or animal, includ14 ing algae, seagrasses, invertebrates and 

15 vertebrates that live in, on, or near coral reefs 

16 and are directly dependent on the coral reef 

17 ecosystem for feeding, reproduction or growth, 

18 but does not include mammals, reptiles, or 

19 birds; and 

20 (B) products derived from coral, such as 

21 live rock, coral substrate, and coral rock. 

22 (5) The term ‘‘foreign commerce’’ includes any 

23 transaction between persons within one foreign coun24 try, between persons in 2 or more foreign countries, 

25 between a person within the United States and a 
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1 person in a foreign country, or between persons 

2 within the United States, where the coral reef spe3 cies in question is moving in any country or coun4 tries outside the United States. 

5 (6) The term ‘‘import’’ means to land on, bring 

6 into, or introduce into, or attempt to land on, bring 

7 into, or introduce into, any place subject to the ju8 risdiction of the United States, whether or not such 

9 landing, bringing, or introduction constitutes an im10 portation within the meaning of the custom laws of 

11 the United States. 

12 (7) The term ‘‘live rock’’ means any hard sub13 strate derived from coral which is grown in the wild 

14 and which is attached to and supporting any species 

15 covered under paragraph (4)(A), and includes coral 

16 rock and coral substrate. 

17 (8) The term ‘‘ornamental reef fish’’ means any 

18 finfish collected commercially for the aquarium and 

19 curio trade, but does not include any fish taken for 

20 human consumption. 

21 (9) The term ‘‘State’’ means a State, the Dis22 trict of Columbia, the Commonwealth of Puerto 

23 Rico, American Samoa, the Virgin Islands, Guam, 

24 the Commonwealth of the Northern Mariana Is-
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1 lands, and any other commonwealth, territory, or 

2 possession of the United States. 

3 (10) The term ‘‘take’’ means to capture, catch, 

4 collect or harvest coral reef species by any means. 

5 (11) The term ‘‘United States’’ includes the 

6 several States, the District of Columbia, the Com7 monwealth of Puerto Rico, American Samoa, the 

8 Virgin Islands, Guam, the Commonwealth of the 

9 Northern Mariana Islands, and any other common10 wealth, territory or possession of the United States 

11 that contains coral within its jurisdiction. 

12 (12) The term ‘‘waters under the jurisdiction of 

13 the United States’’ means the belt of seas extending 

14 to a distance of 200 nautical miles measured from 

15 the baseline from which the breadth of the territorial 

16 sea of the United States is measured, except where 

17 that distance is modified by maritime boundary 

18 agreements to which the United States is a party. 

19 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

20 There is authorized to be appropriated to carry out 

21 the provisions of this Act, for each of fiscal years 2006 

22 through 2010— 

23 (1) for the Secretary of the Interior, 

24 $5,000,000; 
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1 (2) for the Secretary of Commerce, $3,000,000; 

2 and 

3 (3) for the Secretary of State, $500,000. 

Æ