I

107TH CONGRESS

1ST SESSION H. R. 108

To establish a moratorium on bottom trawling and use of other mobile

fishing gear on the seabed in certain areas off the coast of the United

States.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 3, 2001

Mr. HEFLEY introduced the following bill; which was referred to the

Committee on Resources

A BILL

To establish a moratorium on bottom trawling and use of

other mobile fishing gear on the seabed in certain areas

off the coast of the United States.

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 ‘‘Seabed Protection

5 Act’’.

6 SEC. 2. FINDINGS.

7 The Congress finds the following:

(1) More than 2 8 ⁄3 of Earth’s surface is covered

9 by oceans.
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1 (2) The oceans and marine waters contain a

2 greater variety of forms of life than exists on land,

3 and scientists are continually discovering new forms

4 of life in previously unexplored, unique habitats.

5 (3) The earth’s human population is dependent

6 upon the products of the oceans for income, nutri7 tion, medicines, raw materials, and valuable natural

8 services such as climate regulation, flood control,

9 and storm surge protection.

10 (4) The practice and technology of bottom

11 trawling and use of other mobile fishing gear on the

12 seabed has increased to the point that an area of

13 seabed twice the size of the contiguous United

14 States is affected by these practices each year.

15 (5) These practices result in a loss of biological

16 diversity, which is detrimental not only to the ocean

17 environment itself but also to the industries and peo18 ple that depend on that environment.

19 (6) Little is known about the recoverability of

20 the seabed from the effects of bottom trawling and

21 use of other mobile fishing gear on the seabed. How22 ever, due to the slow rates of growth and reproduc23 tion of some marine species, it is believed that full

24 recovery in some areas may take decades or cen25 turies.
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1 SEC. 3. MORATORIUM.

2 (a) IN GENERAL.—Notwithstanding any provision of

3 the Magnuson-Stevens Fishery Conservation and Manage4 ment Act (16 U.S.C. 1801 et seq.), no person may engage

5 in bottom trawling or use of other mobile fishing gear on

6 the seabed in any marine area described in subsection (b),

7 until—

8 (1) the National Marine Fisheries Service has

9 completed a study and determined the effects of

10 those practices in those areas;

11 (2) the Secretary of Commerce has determined,

12 based on findings of such a study and other perti13 nent scientific information, that the impacts of bot14 tom trawling and such other mobile fishing gear on

15 biodiversity, marine habitat, and productivity of fish

16 stocks is negligible; and

17 (3) the Secretary of Commerce has approved

18 and implemented fishery management plans for

19 those areas, that—

20 (A) are developed by the appropriate re21 gional fishery management councils in accord22 ance with that Act;

23 (B) encourage the use of fishing gears that

24 are less destructive of habitat than bottom

25 trawling and other mobile fishing gear on the

26 seabed; and
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1 (C) prohibit use of bottom trawling and

2 other mobile fishing gear practices that threat3 en the continued sustainability of ecosystems in

4 those areas.

5 (b) MARINE AREAS DESCRIBED.—

6 (1) IN GENERAL.—The marine areas referred

7 to in subsection (a) are the following:

8 (A) The Heceta Banks, located off the

9 coast of Oregon, 125 00′ w–124 45′ w/ 43 55′

10 n–44 15′ n.

11 (B) Cordell Bank, located off the coast of

12 central California, 123 20′ w–123 38′ w/ 37 55′

13 n-30 05′ n.

14 (C) The Gulf of the Farallones outside of

15 the line that is three miles from the coastline,

16 located off the coast of California, 122 35′ w–

17 123 15′′w/ 37 30′ n–38 05′ n.

18 (D) Tanner and Cortez Banks, located off

19 the coast of southern California, 119 00′ w–119

20 25′ w/ 32 50 n–32 20′ n.

21 (E) Punta Gorda, located off the coast of

22 northern California, 124 23′ w–124 50′ w/ 4–

23 20′ n–40 10′ n.
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1 (F) Cape Blanco, located off the coast of

2 Oregon, 124 42′ w–124 55′ w/ 42 40′ n–43

3 00n.

4 (G) Florida Middle Grounds located in the

5 Gulf of Mexico off the coast of Florida, 84

6 40′w–85 15′ w/ 28 10′n–28 55n.

7 (H) Dry Tortugas, located in the Gulf of

8 Mexico off the coast of Florida, 82 40′2w–83

9 10′w/ 24 30′n 24 50′n.

10 (I) Nantucket Shoals, located off the coast

11 of Cape Cod, Massachusetts, 69 00′w–70 20′w/

12 40 30′n–41 00′n.

13 (J) Jeffrey’s Ledge, Tillies Bank, and

14 Stellwagon Bank, located in the Gulf of Maine,

15 69 50′w–70 30′w/42 08′n–43 15′n.

16 (K) Cashes Ledge, located in the Gulf of

17 Maine, 68 40′w–69 15′w/42 30′n–43 15′n.

18 (L) Stonewall Bank of the central Oregon

19 coast, 124 20′w–124 28′w/44 27′n–44 39′n.

20 (M) Rogue River Reef off the southern Or21 egon coast, 124 35′w–124 50′w/42 25′n–42

22 35′n.

23 (2) FURTHER DESCRIPTION BY SECRETARY.—

24 For purposes of this Act, the Secretary of Commerce
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1 may more particularly describe the areas listed in

2 paragraph (1).

3 (c) REPORT.—The Secretary of Commerce shall re4 port annually to the Committee on Resources of the House

5 of Representatives and the Committee on Commerce of the

6 Senate regarding the recovery of areas described in sub7 section (b) from the effects of bottom trawling and use

8 of other mobile fishing gear on the seabed.

9 (d) LIMITATION ON APPLICATION.—Subsection (a)

10 shall not apply to an area after the date the Secretary

11 publishes a finding that there are in effect, under State

12 law or a fishery management plan under the Magnuson13 Stevens Fishery Conservation and Management Act (16

14 U.S.C. 1801 et seq.), measures that are at least as effec15 tive as subsection (a) in maintaining the sustainability of

16 ecosystems in that area.

17 (e) DEFINITIONS.—In this section:

18 (1) NEGLIGIBLE.—The term ‘‘negligible’’

19 means—

20 (A) insufficient to diminish the produc21 tivity of fish stocks; and

22 (B) insufficient to significantly reduce

23 other marine life.
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1 (2) SUSTAINABILITY OF ECOSYSTEMS.—The

2 term ‘‘sustainability of ecosystems’’ means the capa3 bility of ecosystems to—

4 (A) maintain productivity of fish stocks at

5 maximum sustainable yield specified for those

6 fish stocks in fishery management plans in ef7 fect under the Magnuson-Stevens Fishery Con8 servation and Management Act (16 U.S.C.

9 1801 et seq.); and

10 (B) maintain types and abundances of

11 other marine species normally found within

12 similar areas that are not subject to bottom

13 trawling and other mobile fishing gear prac14 tices.

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