II 

109TH CONGRESS 

1ST SESSION S. 1635 

To establish ocean bottom trawl areas in which trawling is permitted, to 

protect deep sea corals and sponges, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 8, 2005 

Mr. LAUTENBERG (for himself, Mr. MARTINEZ, and Mr. LIEBERMAN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To establish ocean bottom trawl areas in which trawling 

is permitted, to protect deep sea corals and sponges, 

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 ‘‘Bottom Trawl and 

5 Deep Sea Coral Habitat Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 
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1 (1) Ocean resources are a vital component of 

2 the United States economy, as noted by the United 

3 States Commission on Ocean Policy. 

4 (2) A proper balance of use and protection of 

5 ocean resources is necessary to ensure the sustain6 ability of such resources. 

7 (3) Deep ocean habitats provide fishery re8 sources and sites for deep sea corals and deep sea 

9 sponges. 

10 (4) Many fishermen of the United States derive 

11 their livelihoods from fishing in deep ocean areas. 

12 (5) It is important that fishermen continue to 

13 be permitted to use areas that have traditionally 

14 been fished, as long as conservation considerations 

15 allow. 

16 (6) According to the National Research Council, 

17 approximately 10 percent of the United States Ex18 clusive Economic Zone, an area of a total of 

19 3,400,000 square nautical miles, is used each year 

20 by fishermen who employ bottom trawls and, in the 

21 area that is 50 miles or less from shore, this per22 centage is higher than 75 percent in some regions. 

23 (7) Vessel monitoring systems are increasingly 

24 used in the fishing industry. For example, coverage 
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1 of such systems for bottom trawl vessels in the Pa2 cific and North Pacific is 100 percent. 

3 (8) Deep sea corals and deep sea sponges host 

4 biological diversity that, according to the United 

5 States Commission on Ocean Policy, ‘‘may rival that 

6 of coral communities in warmer, shallower waters’’. 

7 For example, more than 1,300 species live among 

8 Lophelia coral reefs in the northeastern Atlantic 

9 Ocean. 

10 (9) Complex seafloor habitats created by struc11 ture-forming organisms, such as deep sea corals and 

12 deep sea sponges, provide spawning habitat, food, 

13 and shelter to numerous fishes and other associated 

14 species, including commercially and recreationally 

15 targeted species. 

16 (10) Deep sea corals and deep sea sponges typi17 cally exhibit slow growth, extreme longevity, and 

18 highly patchy distribution, predominately along con19 tinental margins, seamounts, undersea canyons, and 

20 ridges. 

21 (11) Deep sea corals and deep sea sponges have 

22 not been fully studied for their benefit to society or 

23 for their ecological importance to other associated 

24 species. 
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1 (12) Deep sea corals, deep sea sponges, and 

2 their associated invertebrates are a potential source 

3 of compounds with biomedical properties, some of 

4 which are currently in clinical trials to study their 

5 anti-cancer, anti-tumor, and anti-inflammatory prop6 erties. 

7 (13) The United States Commission on Ocean 

8 Policy found that deep sea corals, along with their 

9 shallow-water counterparts, are declining at a ‘‘dis10 turbing pace,’’ and that certain types of fishing gear 

11 damage deep sea coral ecosystems. 

12 (14) The National Research Council, in a 2002 

13 report to Congress on the effects of trawling and 

14 dredging on seafloor habitats, found that deep sea 

15 corals warrant protection, based on evidence of the 

16 destruction of structured habitats caused by bottom 

17 trawls and dredges. 

18 (15) The President’s Ocean Action Plan of 

19 2004 ‘‘encourages all regional fishery management 

20 councils to take action, where appropriate, to protect 

21 deep-sea corals when developing and implementing 

22 regional fishery management plans’’ and includes 

23 provisions to ‘‘research, survey, and protect deep-sea 

24 coral communities’’. 
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1 (16) In 2005, the North Pacific Fishery Man2 agement Council proposed measures that will be 

3 adopted pending approval by the Secretary of Com4 merce to confine use of bottom trawls in the Aleu5 tian Islands exclusive economic zone to specified his6 torically productive fishing areas, to disallow use of 

7 bottom trawls in historically unfished areas of Aleu8 tian Islands waters where deep sea corals have been 

9 undisturbed, to designate as no-trawling zones those 

10 areas where coral ecosystems are known to exist, 

11 and to develop a comprehensive plan for research 

12 and monitoring. 

13 SEC. 3. PURPOSES. 

14 (a) IN GENERAL.—The purposes of this Act are— 

15 (1) to permit fishermen to use bottom trawls in 

16 areas that, traditionally, have been fished using bot17 tom trawls and that do not contain deep sea coral 

18 and sponge ecosystems; 

19 (2) to provide long-term protection for deep sea 

20 coral and sponge ecosystems, particularly in areas 

21 that have not traditionally been fished with bottom 

22 trawls; and 

23 (3) to identify, map, and assess deep sea coral 

24 and sponge ecosystems to create a balanced policy 
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1 for maintenance of fishing and protection of deep 

2 sea ecosystems. 

3 (b) PROCESS.—The Secretary shall use a process 

4 that achieves an outcome similar to the outcome achieved 

5 by the North Pacific Regional Fishery Management Coun6 cil— 

7 (1) to protect the habitat of deep sea corals or 

8 deep sea sponges to carry out the purposes of this 

9 Act; and 

10 (2) to identify areas that are open to the use 

11 of bottom trawls and areas closed to such use where 

12 deep sea coral and sponge ecosystems are present 

13 and protected. 

14 SEC. 4. DEFINITIONS. 

15 In this Act: 

16 (1) BOTTOM TRAWL.—The term ‘‘bottom 

17 trawl’’ means any trawl or dredge fishing gear that 

18 contacts the seafloor while in use, including pelagic 

19 trawls that contact the seafloor while in use, otter 

20 trawls, and scallop dredges. 

21 (2) BOTTOM TRAWL ZONE.—The term ‘‘Bottom 

22 Trawl Zone’’ means any area designated under sec23 tion 7 or section 10 as a Bottom Trawl Zone. 

24 (3) CORAL HABITAT CONSERVATION ZONE.— 

25 The term ‘‘Coral Habitat Conservation Zone’’ means 
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1 any area designated under section 8 or section 11 as 

2 a Coral Habitat Conservation Zone. 

3 (4) COUNCIL.—The term ‘‘Council’’ means any 

4 Regional Fishery Management Council established 

5 by section 302 of the Magnuson-Stevens Fishery 

6 Conservation and Management Act (16 U.S.C. 

7 1852). 

8 (5) DEEP SEA CORAL AND SPONGE ECO9 SYSTEM.—The term ‘‘deep sea coral and sponge eco10 system’’ means an ecosystem that meets the criteria 

11 established by the Secretary pursuant to section 5(d) 

12 of this Act composed of living deep sea corals or 

13 deep sea sponges, the benthic and demersal species 

14 associated with them, and the biological, physical, 

15 chemical, and geologic components that constitute 

16 habitat for corals or sponges. 

17 (6) DEEP SEA CORALS.—The term ‘‘deep sea 

18 corals’’ means the species that— 

19 (A) occur at a depth of greater than 50 

20 meters; 

21 (B) do not contain symbiotic algae; and 

22 (C) are in the phylum Cnidaria, in the 

23 order— 

24 (i) Antipatharia (black corals); 

25 (ii) Scleractinia (stony corals); 
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1 (iii) Gorgonacea (horny corals); 

2 (iv) Alcyonacea (soft corals); 

3 (v) Pennatulacea (sea pens), in the 

4 class Anthozoa; or 

5 (vi) Hydrocorallina (hydrocorals), in 

6 the class Hydrozoa. 

7 (7) DEEP SEA SPONGES.—The term ‘‘deep sea 

8 sponges’’ means species of the phylum Porifera that 

9 occur at a depth of greater than 50 meters. 

10 (8) EXCLUSIVE ECONOMIC ZONE.—The term 

11 ‘‘exclusive economic zone’’ has the meaning given 

12 that term in section 3 of the Magnuson-Stevens 

13 Fishery Conservation and Management Act (16 

14 U.S.C. 1802). 

15 (9) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of Commerce or the Secretary’s des17 ignee. 

18 (10) VESSEL MONITORING SYSTEM.—The term 

19 ‘‘Vessel Monitoring System’’ means a type of mobile 

20 transceiver unit that— 

21 (A) is approved by the Office of Law En22 forcement of the National Marine Fisheries 

23 Service; and 

24 (B) automatically determines the vessel’s 

25 position and transmits that information to a 
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1 communications service provider that is ap2 proved by such Office for transmission and 

3 relay to such Office. 

4 SEC. 5. MAPPING AND RESEARCH. 

5 (a) REQUIREMENT FOR MAPPING AND RESEARCH.— 

6 The Secretary shall direct the Under Secretary for Oceans 

7 and Atmosphere to prepare and carry out a comprehensive 

8 program to explore, identify, research, and map the loca9 tions of deep sea corals and deep sea sponges. 

10 (b) DESCRIPTION OF MAPPING AND RESEARCH.— 

11 The program described in subsection (a) shall include— 

12 (1) creating maps of the locations of deep sea 

13 coral and sponge ecosystems; and 

14 (2) conducting research related to deep sea cor15 als and deep sea sponges, including research related 

16 to— 

17 (A) the natural history of such species; 

18 (B) the taxonomic classification of such 

19 species; 

20 (C) the ecological roles of such species; 

21 (D) the growth rates of such species; 

22 (E) the anthropogenic, ecological, and 

23 other benefits of such species and the habitats 

24 of such species; and 
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1 (F) the correlation of deep sea corals and 

2 deep sea sponges with various types of geologic 

3 formations, physical features, and other predic4 tors of presence. 

5 (c) COOPERATIVE RESEARCH PROGRAM.—The Sec6 retary, in consultation with the Councils, shall develop a 

7 cooperative research program to identify— 

8 (1) the ideal areas for the use of bottom trawls; 

9 and 

10 (2) the locations of deep sea corals and deep 

11 sea sponges. 

12 (d) THRESHOLDS OF DEEP SEA CORAL AND SPONGE

13 PRESENCE.— 

14 (1) IN GENERAL.—The Secretary, in consulta15 tion with the Councils and expert scientists, shall de16 termine the thresholds above which the abundances 

17 of various deep sea corals or deep sea sponges shall 

18 be considered to constitute an ecosystem. In deter19 mining such thresholds, the Secretary shall consider 

20 the life histories and growth rates of deep sea corals 

21 and deep sea sponges and the criteria set out in 

22 paragraph (2). 

23 (2) CRITERIA.—In determining the thresholds 

24 under paragraph (1), the Secretary shall consider 

25 the following criteria: 
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1 (A) Bycatch per unit effort of deep sea 

2 corals or deep sea sponges in fishery trawls. 

3 (B) Presence of deep sea corals or deep 

4 sea sponges in research surveys. 

5 (C) Predictions of the presence of deep sea 

6 corals or deep sea sponges based on correlations 

7 with geologic or physical features. 

8 (D) Other methods indicating ecologically 

9 meaningful presence of these species in an area. 

10 SEC. 6. USE OF BEST AVAILABLE DATA. 

11 (a) REQUIREMENT.—The Secretary shall use the best 

12 available data to determine if an area shall be designated 

13 as a Bottom Trawl Zone or as a Coral Habitat Conserva14 tion Zone. 

15 (b) CONSIDERATIONS.—In delineating the boundary 

16 and determining the size of an area to be designated as 

17 a Bottom Trawl Zone or a Coral Habitat Conservation 

18 Zone, the relevant council and the Secretary shall con19 sider— 

20 (1) the precision and accuracy of the available 

21 trawl location data considered in making such deter22 mination; 

23 (2) the precision and accuracy of deep sea coral 

24 and deep sea sponge presence data considered in 

25 making such determination; 
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1 (3) the economic cost of such designation to in2 dustry and the ecological costs and benefits of such 

3 designation to deep sea corals and deep sea sponges 

4 in the area; and 

5 (4) the ease of enforcement of such designation. 

6 (c) CORAL HABITAT CONSERVATION ZONES.—Not7 withstanding the considerations in subsection (b), in delin8 eating the boundary and determining the size of an area 

9 to be designated as a Coral Habitat Conservation Zone, 

10 the relevant Council and the Secretary— 

11 (1) shall ensure that each area that is deter12 mined to contain a deep sea coral and sponge eco13 system is designated as a Coral Habitat Conserva14 tion Zone; and 

15 (2) may include a buffer area around deep sea 

16 corals or deep sea sponges present in such Zone to 

17 ensure the complete protection of potential deep sea 

18 corals or deep sea sponges in the area or to facilitate 

19 the enforcement of any appropriate prohibitions, 

20 rules, or regulations within such Zone. 

21 SEC. 7. INITIAL DESIGNATION OF BOTTOM TRAWL ZONES. 

22 (a) RECOMMENDATION BY A COUNCIL.—Not later 

23 than 24 months after the date of enactment of this Act, 

24 each Council, after notice and an opportunity for public 
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1 comment, shall submit to the Secretary and the Secretary 

2 shall publish in the Federal Register— 

3 (1) a list of all areas for which the Council has 

4 responsibilities that were fished using bottom trawls 

5 during the 7-year period ending on December 31, 

6 2004; and 

7 (2) recommendations on which portions of the 

8 areas identified in paragraph (1) should be des9 ignated as Bottom Trawl Zones. 

10 (b) STANDARDS FOR INITIAL DESIGNATION.—An 

11 area may not be designated as a Bottom Trawl Zone if 

12 there is evidence that a deep sea coral and sponge eco13 system is present in such area. 

14 (c) DESIGNATION PROCESS.— 

15 (1) PROPOSED RULE.—Not later than 9 months 

16 after the date of the publication of a Council’s rec17 ommendations in the Federal Register pursuant to 

18 subsection (a)(2), the Secretary shall publish in the 

19 Federal Register a proposed rule to designate each 

20 area or the portion of such area that does not con21 tain a deep sea coral and sponge ecosystem as a 

22 Bottom Trawl Zone. 

23 (2) FAILURE TO RECOMMEND.—If a Council 

24 fails to submit recommendations to the Secretary 

25 under subsection (a), not later than 33 months after 
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1 the date of enactment of this Act, the Secretary 

2 shall publish in the Federal Register a list of areas 

3 located in the area for which such Council has re4 sponsibility that the Secretary proposes to designate 

5 as Bottom Trawl Zones. 

6 (3) COMMENT PERIOD.—The Secretary shall 

7 accept comments on a proposal published under 

8 paragraph (1) or (2) for 60 days after the date of 

9 such publication. 

10 (4) FINAL DETERMINATION.— 

11 (A) IN GENERAL.—Not later than 30 days 

12 after the date of the end of the comment period 

13 described in paragraph (3), the Secretary shall 

14 designate an area included in a proposal pub15 lished under paragraph (1) or (2) as a Bottom 

16 Trawl Zone if such area meets the standards 

17 for such designation set out in subsection (b). 

18 (B) PUBLICATION.—The Secretary shall 

19 publish in the Federal Register each designa20 tion made under subparagraph (A). 

21 (d) ACTIVITIES WITHIN BOTTOM TRAWL ZONES.— 

22 After the date that is 30 days after the date of the end 

23 of the comment period described in subsection (c)(3), bot24 tom trawls may not be used in an area that is not des25 ignated as a Bottom Trawl Zone. 
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1 SEC. 8. INITIAL DESIGNATION OF CORAL HABITAT CON2 SERVATION ZONES. 

3 (a) DESIGNATION BY THE SECRETARY.— 

4 (1) IN GENERAL.—Not later than 60 days after 

5 the date of enactment of this Act, the Secretary 

6 shall designate as a Coral Habitat Conservation 

7 Zone each area— 

8 (A) that a Council, prior to the date of en9 actment of this Act, has designated as an area 

10 in which the use of bottom trawls is prohibited 

11 for the protection of seafloor habitat; or 

12 (B) for which a map of the presence of 

13 deep sea corals or deep sea sponges has been 

14 developed and for which the best available data 

15 confirm the presence of deep sea corals or deep 

16 sea sponges. 

17 (2) PUBLICATION AND EFFECTIVE DATE.—Not 

18 later than 60 days after the date of enactment of 

19 this Act, the Secretary shall publish in the Federal 

20 Register each area designated as a Coral Habitat 

21 Conservation Zone under paragraph (1) and such 

22 designation shall become effective on the date of 

23 such publication. 

24 (b) RECOMMENDATION BY A COUNCIL.— 

25 (1) SUBMISSION TO THE SECRETARY.—Not 

26 later than 24 months after the date of enactment of 
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1 this Act, each Council, after notice and an oppor2 tunity for public comment, shall submit to the Sec3 retary a list of all areas known to contain deep sea 

4 corals or deep sea sponges. 

5 (2) INCLUDED AREAS.—A list submitted by a 

6 Council under paragraph (1) shall include each area 

7 that was considered for designation as a Bottom 

8 Trawl Zone under section 7(a) if such area that was 

9 determined by the Council or the Secretary to con10 tain a deep sea coral and sponge ecosystem. 

11 (3) PUBLICATION.—The Secretary shall publish 

12 in the Federal Register a list submitted by a Council 

13 under paragraph (1). 

14 (c) DESIGNATION PROCESS.— 

15 (1) PROPOSED RULE.—Not later than 9 months 

16 after the date of the publication of a Council’s rec17 ommendations pursuant to subsection (b)(3), the 

18 Secretary shall publish in the Federal Register a 

19 proposed rule to designate each area identified in 

20 such publication as a Coral Habitat Conservation 

21 Zone. 

22 (2) FAILURE TO RECOMMEND.—If a Council 

23 fails to submit recommendations to the Secretary 

24 under subsection (b)(1), not later than 33 months 

25 after the date of enactment of this Act, the Sec-
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1 retary shall publish in the Federal Register a list of 

2 areas located in the area for which such Council has 

3 responsibility that the Secretary proposes to des4 ignate as Coral Habitat Conservation Zones. 

5 (3) COMMENT PERIOD.—The Secretary shall 

6 accept comments on any proposed rule published 

7 under paragraph (1) or (2) for 60 days after the 

8 date of such publication. 

9 (4) FINAL DETERMINATION.— 

10 (A) IN GENERAL.—Not later than 30 days 

11 after the date of the end of the comment period 

12 described in paragraph (3), the Secretary 

13 shall— 

14 (i) designate each area, or portion of 

15 such area, included in a proposed rule pub16 lished under paragraph (1) as a Coral 

17 Habitat Conservation Zone, if there is ra18 tional basis for such designation; or 

19 (ii) if the Secretary fails to make a 

20 designation under clause (i) for an area, 

21 provide a justification for such failure. 

22 (B) PUBLICATION.—The Secretary shall 

23 publish in the Federal Register each designa24 tion made under subparagraph (A)(i) or jus25 tification required under subparagraph (A)(ii). 
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1 (C) INACTION.—If the Secretary does not 

2 publish the designation of an area under sub3 paragraph (A)(i) or the justification required 

4 under subparagraph (A)(ii) for such area within 

5 30 days of the date of the end of the comment 

6 period described in paragraph (3), such area 

7 shall be deemed to be a Coral Habitat Con8 servation Zone as if so designated by the Sec9 retary. 

10 SEC. 9. UNDESIGNATED AREAS. 

11 An area not initially designated as a Bottom Trawl 

12 Zone under section 7 or as a Coral Habitat Conservation 

13 Zone under section 8 shall be available for subsequent des14 ignation as a Bottom Trawl Zone under section 10 or as 

15 a Coral Habitat Conservation Zone under section 11. 

16 SEC. 10. SUBSEQUENT DESIGNATION OF BOTTOM TRAWL 

17 ZONES. 

18 (a) STANDARDS FOR SUBSEQUENT DESIGNATION.— 

19 After the initial designations of Bottom Trawl Zones made 

20 under section 7, the Secretary, in consultation with the 

21 relevant Council, shall designate an area as a Bottom 

22 Trawl Zone if— 

23 (1) the area has been surveyed for the presence 

24 of deep sea corals and deep sea sponges; and 
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1 (2) there is no deep sea coral and sponge eco2 system present in the area. 

3 (b) RECOMMENDATION BY A COUNCIL.—Upon the 

4 recommendation of the appropriate Council, the Secretary 

5 may consider any previously undesignated area for des6 ignation as a Bottom Trawl Zone. The Secretary may des7 ignate such area as a Bottom Trawl Zone under this sec8 tion only if such area meets the designation standards set 

9 out in paragraphs (1) and (2) of subsection (a). 

10 (c) DESIGNATION PROCESS.— 

11 (1) PROPOSED RULE.—The Secretary shall 

12 publish in the Federal Register a proposed rule to 

13 designate an area that is not a Bottom Trawl Zone 

14 or a Coral Habitat Conservation Zone and that 

15 meets the standards set out in paragraphs (1) and 

16 (2) of subsection (a) as a Bottom Trawl Zone 

17 whether identified by the Secretary or by a Council 

18 pursuant to subsection (b). 

19 (2) COMMENT PERIOD.—The Secretary shall 

20 accept comments on any proposed rule published 

21 under paragraph (1) for 60 days after the date of 

22 the publication of such proposed rule. 

23 (3) FINAL DETERMINATION.— 

24 (A) IN GENERAL.—Not later than 30 days 

25 after the date of the end of the comment period 
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1 described in paragraph (2), the Secretary shall 

2 designate as a Bottom Trawl Area each area, or 

3 part of such area, included in a proposed rule 

4 published under paragraph (1) if the area 

5 meets the requirements of paragraphs (1) and 

6 (2) of subsection (a). 

7 (B) PUBLICATION.—The Secretary shall 

8 publish in the Federal Register each designa9 tion made under subparagraph (A). 

10 SEC. 11. SUBSEQUENT DESIGNATION OF CORAL HABITAT 

11 CONSERVATION ZONES. 

12 (a) STANDARDS FOR SUBSEQUENT DESIGNATION.— 

13 The Secretary, in consultation with the Councils, shall 

14 designate an area as a Coral Habitat Conservation Zone 

15 if the best available data indicate the presence of a deep 

16 sea coral and sponge ecosystem in such area. 

17 (b) SUBSEQUENT DESIGNATION THROUGH BYCATCH

18 RECORDS, RESEARCH, OR MAPPING.— 

19 (1) REVIEW OF DATA.—The Secretary shall 

20 continually collect and review, for the purpose of 

21 making a determination on the presence of deep sea 

22 coral and sponge ecosystems in an area, the fol23 lowing data: 

24 (A) Bycatch records. 
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1 (B) Data and analysis that results from 

2 the mapping and research conducted pursuant 

3 to section 5. 

4 (C) Any other research, mapping, or sur5 vey data that the Secretary determines is ap6 propriate. 

7 (2) DESIGNATIONS BASED ON THE REVIEW OF

8 DATA.—If the Secretary, in consultation with the 

9 relevant Council, determines that data reviewed 

10 under paragraph (1) indicates the presence of a deep 

11 sea coral and sponge ecosystem, the Secretary, in 

12 consultation with the Council, shall designate the 

13 area as a Coral Habitat Conservation Zone and, if 

14 appropriate, terminate the designation of the area as 

15 a Bottom Trawl Zone. 

16 (c) RECOMMENDATION BY A COUNCIL.—Upon the 

17 recommendation of the appropriate Council, the Secretary 

18 may consider any area for designation as a Coral Habitat 

19 Conservation Zone. 

20 (d) DESIGNATION PROCESS.— 

21 (1) PROPOSED RULE.—The Secretary shall 

22 publish in the Federal Register a proposed rule to 

23 designate an area identified by the Secretary, in con24 sultation with the appropriate Councils, under sub25 section (a) or (b) or by a Council under subsection 
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1 (c) as a Coral Habitat Conservation Zone if data in2 dicate the presence of a deep sea coral and sponge 

3 ecosystem in such area. 

4 (2) COMMENT PERIOD.—The Secretary shall 

5 accept comments on any proposed rule published 

6 under paragraph (1) for 60 days after the date of 

7 the publication of such proposed rule. 

8 (3) FINAL DETERMINATION.— 

9 (A) IN GENERAL.—Not later than 30 days 

10 after the date of the end of the comment period 

11 described in paragraph (2), the Secretary 

12 shall— 

13 (i) designate as a Coral Habitat Con14 servation Zone each area, or part of such 

15 area, included in a proposed rule published 

16 under paragraph (1) if data indicate the 

17 presence of a deep sea coral and sponge 

18 ecosystem in such area; or 

19 (ii) if the Secretary fails to make a 

20 designation under clause (i) for an area, 

21 provide a justification that explains the 

22 reasons that the best available data do not 

23 indicate the presence of a deep sea coral 

24 and sponge ecosystem in such area. 
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1 (B) PUBLICATION.—The Secretary shall 

2 publish in the Federal Register each designa3 tion made under subparagraph (A)(i) or jus4 tification required under subparagraph (A)(ii). 

5 (C) INACTION.—If the Secretary does not 

6 publish the designation of an area under sub7 paragraph (A)(i) or the justification required 

8 under subparagraph (A)(ii) for such area within 

9 30 days of the date of the end of the comment 

10 period described in paragraph (2), such area 

11 shall be deemed to be a Coral Habitat Con12 servation Zone as if so designated by the Sec13 retary. 

14 SEC. 12. STRICTER REGULATION PERMITTED AND SAVINGS 

15 CLAUSE. 

16 (a) IN GENERAL.—Nothing in this Act shall restrict 

17 the authority provided to the Secretary by any other provi18 sion of law to promulgate, with or without the advice of 

19 the appropriate Council, fishery or habitat protection 

20 measures for any purpose that are more restrictive than 

21 the measures set out in this Act. 

22 (b) SAVINGS CLAUSE.—All rules and regulations 

23 issued by the Secretary under the Magnuson-Stevens 

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

25 1801 et seq.) pertaining to the conservation, management, 
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1 or protection of deep sea corals or deep sea sponges shall 

2 continue in full force and effect after the date of enact3 ment of this Act until modified or rescinded by the Sec4 retary, in exercise of the authority provided to the Sec5 retary under any provision of law. 

6 SEC. 13. USE OF VESSEL MONITORING SYSTEMS. 

7 Not later than 24 months after the date of enactment 

8 of this Act, a vessel that uses a bottom trawl in waters 

9 deeper than 50 meters shall use a Vessel Monitoring Sys10 tem capable of accurately detecting and reporting the posi11 tion of the vessel whenever the vessel leaves port with a 

12 bottom trawl on board. 

13 SEC. 14. PENALTIES AND ENFORCEMENT. 

14 (a) CIVIL PENALTIES.—Any person who is found by 

15 the Secretary, after notice and an opportunity for a hear16 ing in accordance with section 554 of title 5, United States 

17 Code, to have violated the prohibition set out in section 

18 7(d) is liable to the United States for a civil penalty under 

19 section 308 of the Magnuson-Stevens Fishery Conserva20 tion and Management Act (16 U.S.C. 1858) as if such 

21 person had committed an act prohibited by section 307 

22 of such Act (16 U.S.C. 1857). 

23 (b) CRIMINAL OFFENSES.— 

24 (1) OFFENSES.—A person is guilty of an of25 fense if the person commits an act prohibited by 
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1 subparagraph (D), (E), (F), (H), (I), or (L) of sec2 tion 307(1) of the Magnuson-Stevens Fishery Con3 servation and Management Act (16 U.S.C. 1857(1)) 

4 in an area designated as a Coral Habitat Conserva5 tion Zone. 

6 (2) PUNISHMENT.—An offense referred to in 

7 paragraph (1) is punishable by the punishments set 

8 out in section 309(b) of the Magnuson-Stevens Fish9 ery Conservation and Management Act (16 U.S.C. 

10 1859(b)). 

11 (c) CIVIL FORFEITURES.—Any fishing vessel (includ12 ing its fishing gear, furniture, appurtenances, stores, and 

13 cargo) used, and fish (or the fair market value thereof) 

14 taken or retained, in any manner, in connection with or 

15 as a result of the commission of a violation of the prohibi16 tion set out in section 7(d) (other than such a violation 

17 for which the issuance of a citation is sufficient sanction) 

18 shall be subject to the civil forfeiture provisions set out 

19 in section 310 of the Magnuson-Stevens Fishery Conserva20 tion and Management Act (16 U.S.C. 1860). 

21 (d) ENFORCEMENT.—The provisions of this Act shall 

22 be enforced by the officers responsible for the enforcement 

23 of the Magnuson-Stevens Fishery Conservation and Man24 agement Act as provided for in subsection (a) of section 

25 311 of such Act (16 U.S.C. 1861). Such officers shall have 
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1 the powers and authorities to enforce this Act as are pro2 vided in such section. 

3 SEC. 15. INTERNATIONAL PROTECTIONS FOR DEEP SEA 

4 CORALS AND DEEP SEA SPONGES. 

5 The President is authorized to permit the Secretary, 

6 in consultation with the Secretary of State, to work with 

7 appropriate international organizations and foreign na8 tions to develop the data necessary to identify areas lo9 cated in international waters that contain deep sea corals 

10 or deep sea sponges and to protect such deep sea corals 

11 or deep sea sponges. 

12 SEC. 16. REPORTS TO CONGRESS. 

13 (a) IN GENERAL.—Not more than 3 years after the 

14 date of enactment of this Act, and every 3 years there15 after, the Secretary shall publish and submit to Congress 

16 a report on the activities undertaken to carry out the pro17 visions of this Act. 

18 (b) CONTENT.—Each report required by subsection 

19 (a) shall include— 

20 (1) a description of the activities carried out to 

21 protect and define areas in which the use of bottom 

22 trawls has traditionally been permitted; 

23 (2) a description of the activities carried out to 

24 protect and monitor deep sea corals or deep sea 

25 sponges; 
27 

•S 1635 IS

1 (3) a description of any area designated either 

2 as a Bottom Trawl Zone or a Coral Habitat Con3 servation Zone; 

4 (4) a summary of the research strategy created 

5 pursuant to section 5; 

6 (5) a summary of any bycatch or other data 

7 that indicates the presence of a deep sea coral and 

8 sponge ecosystem in an area; and 

9 (6) a summary of geologic structures that indi10 cate the presence of deep sea coral and sponge eco11 systems in an area, as determined by research activi12 ties described in section 5. 

13 (c) PUBLICATION.—Notice of the availability of each 

14 report required by this section shall be published in the 

15 Federal Register. 

16 SEC. 17. AUTHORIZATION OF APPROPRIATIONS. 

17 There is authorized to be appropriated $15,000,000 

18 to carry out this Act. 

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