II 

Calendar No. 620 

110TH CONGRESS 

2D SESSION S. 1580 

[Report No. 110–276] 

To reauthorize the Coral Reef Conservation Act of 2000, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 7, 2007 

Mr. INOUYE (for himself, Mr. STEVENS, Ms. CANTWELL, Mr. KERRY, Ms. 

SNOWE, Mrs. BOXER, Mr. LAUTENBERG, and Mr. NELSON of Florida) 

introduced the following bill; which was read twice and referred to the 

Committee on Commerce, Science, and Transportation 

MARCH 13, 2008 

Reported by Mr. INOUYE, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To reauthorize the Coral Reef Conservation Act of 2000, 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Coral Reef Conservation Amendments Act of 2007’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Amendment of Coral Reef Conservation Act of 2000. 

Sec. 3. Findings and purposes. 

Sec. 4. National coral reef action strategy. 

Sec. 5. Coral reef conservation program. 

Sec. 6. Coral reef conservation fund. 

Sec. 7. Agreements. 

Sec. 8. Emergency assistance. 

Sec. 9. National program. 

Sec. 10. Community-based planning grants. 

Sec. 11. Vessel grounding inventory. 

Sec. 12. Prohibited activities. 

Sec. 13. Destruction of coral reefs. 

Sec. 14. Enforcement. 

Sec. 15. Permits. 

Sec. 16. Regional, State, and Territorial coordination. 

Sec. 17. Regulations. 

Sec. 18. Effectiveness report. 

Sec. 19. Authorization of appropriations. 

Sec. 20. Judicial review. 

Sec. 21. Definitions. 

Sec. 10. International coral reef conservation program. 

Sec. 11. Community-based planning grants. 

Sec. 12. Vessel grounding inventory. 

Sec. 13. Prohibited activities. 

Sec. 14. Destruction of coral reefs. 

Sec. 15. Enforcement. 

Sec. 16. Permits. 

Sec. 17. Regional, State, and Territorial coordination.. 

Sec. 18. Regulations. 

Sec. 19. Effectiveness report. 

Sec. 20. Authorization of appropriations. 

Sec. 21. Judicial review. 

Sec. 22. Definitions. 

3 SEC. 2. AMENDMENT OF CORAL REEF CONSERVATION ACT 

4 OF 2000. 

5 Except as otherwise expressly provided, whenever in 

6 this Act an amendment or repeal is expressed in terms 

7 of an amendment to or repeal of a section or other provi8 sion, the reference shall be considered to be made to a 


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1 section or other provision of the Coral Reef Conservation 

2 Act of 2000 (16 U.S.C. 6401 et seq.). 

3 SEC. 3. FINDINGS AND PURPOSES. 

4 Section 202 (16 U.S.C. 6401) is amended to read as 

5 follows: 

6 ‘‘SEC. 202. FINDINGS AND PURPOSES. 

7 ‘‘(a) FINDINGS.—The Congress finds that— 

8 ‘‘(1) coral reefs contain high biological diversity 

9 and serve important ecosystem functions; 

10 ‘‘(2) coral reef ecosystems provide economic and 

11 environmental benefits in the form of food, jobs, nat12 ural products, and pharmaceuticals; 

13 ‘‘(3) coral reef ecosystems are the basis of 

14 thriving commercial and recreational fishing and 

15 tourism industries; 

16 ‘‘(4) a combination of stressors, including cli17 mate change, has caused a rapid decline in the 

18 health of many coral reef ecosystems globally; 

19 ‘‘(5) natural stressors on coral reef ecosystems 

20 are compounded coral reef ecosystems are also ad21 versely impacted by human impacts including pollu22 tion, ocean acidification, overfishing, and physical 

23 damage; and 

24 ‘‘(6) healthy coral reefs provide shoreline pro25 tection for coastal communities and resources. 


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1 ‘‘(b) PURPOSES.—The purposes of this Act are— 

2 ‘‘(1) to preserve, sustain, and restore the condi3 tion of coral reef ecosystems; 

4 ‘‘(2) to promote the wise management and sus5 tainable use of coral reef ecosystems to benefit local 

6 communities, the Nation, and the world; 

7 ‘‘(3) to develop sound scientific information on 

8 the condition of coral reef ecosystems and the 

9 threats to such ecosystems; 

10 ‘‘(4) to assist in the preservation of coral reef 

11 ecosystems by supporting conservation programs, in12 cluding projects that involve affected local commu13 nities and nongovernmental organizations; 

14 ‘‘(5) to provide financial resources for those 

15 programs and projects; 

16 ‘‘(6) to establish a formal mechanism for col17 lecting and allocating monetary donations from the 

18 private sector to be used for coral reef conservation 

19 projects; and 

20 ‘‘(7) to provide mechanisms to prevent and 

21 minimize damage to coral reefs.’’. 

22 SEC. 4. NATIONAL CORAL REEF ACTION STRATEGY. 

23 Section 203(a) (16 U.S.C. 6402(a)) is amended to 

24 read as follows: 


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1 ‘‘(a) IN GENERAL.—Not later than 180 days 1 year 

2 after the date of the enactment of the Coral Reef Con3 servation Amendments Act of 2007, the Secretary shall 

4 submit to the Senate Committee on Commerce, Science, 

5 and Transportation and to the House of Representatives 

6 Committee on Natural Resources and publish in the Fed7 eral Register a national coral reef ecosystem action strat8 egy, consistent with the purposes of this title. The Sec9 retary shall periodically review and revise the strategy as 

10 necessary. In developing this national strategy, the Sec11 retary may consult the Coral Reef Task Force established 

12 under Executive Order 13089 (June 11, 1998).’’. 

13 SEC. 5. CORAL REEF CONSERVATION PROGRAM. 

14 Section 204 (16 U.S.C. 6403) is amended— 

15 (1) by striking ‘‘Administrator’’ each place it 

16 appears and inserting ‘‘Secretary’’; 

17 (2) by striking subsection (a) and inserting the 

18 following: 

19 ‘‘(a) GRANTS.—The Secretary, subject to the avail20 ability of funds, shall provide grants of financial assistance 

21 for projects for the conservation of coral reef ecosystems 

22 (hereafter in this title referred to as ‘coral conservation 

23 projects’), for proposals approved by the Secretary in ac24 cordance with this section.’’; 


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1 (3) by striking subsection (c) and inserting the 

2 following: 

3 ‘‘(c) ELIGIBILITY.—Any natural resource manage4 ment authority of a State or other government authority 

5 with jurisdiction over coral reef ecosystems, or whose ac6 tivities directly or indirectly affect coral reef ecosystems, 

7 or educational or nongovernmental institutions with dem8 onstrated expertise in the conservation of coral reef eco9 systems, may submit a coral conservation proposal to the 

10 Secretary under subsection (e).’’; 

11 (4) by striking ‘‘GEOGRAPHIC AND BIOLOGI12 CAL’’ in the heading for subsection (d) and inserting 

13 ‘‘PROJECT’’; 

14 (5) by striking paragraph (3) of subsection (d) 

15 and inserting the following: 

16 ‘‘(3) Remaining funds shall be awarded for— 

17 ‘‘(A) projects (with priority given to com18 munity-based local action strategies) that ad19 dress emerging priorities or threats, including 

20 international and territorial priorities, or 

21 threats identified by the Secretary; and 

22 ‘‘(B) other appropriate projects, as deter23 mined by the Secretary, including monitoring 

24 and assessment, research, pollution reduction, 

25 education, and technical support.’’; 


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1 (6) by striking subsection (g) and inserting the 

2 following: 

3 ‘‘(g) CRITERIAFOR APPROVAL.—The Secretary may 

4 not approve a project proposal under this section unless 

5 the project is consistent with the coral reef action strategy 

6 under section 203 and will enhance the conservation of 

7 coral reef ecosystems nationally or internationally by— 

8 ‘‘(1) implementing coral conservation programs 

9 which promote sustainable development and ensure 

10 effective, long-term conservation of coral reef eco11 systems and biodiversity; 

12 ‘‘(2) addressing the conflicts arising from the 

13 use of environments near coral reef ecosystems or 

14 from the use of corals, species associated with coral 

15 reef ecosystems, and coral products; 

16 ‘‘(3) enhancing compliance with laws that pro17 hibit or regulate the taking of coral products or spe18 cies associated with coral reef ecosystems or regulate 

19 the use and management of coral reef ecosystems; 

20 ‘‘(4) developing sound scientific information on 

21 the condition of coral reef ecosystems or the threats 

22 to such ecosystems and their biodiversity, including 

23 factors that cause coral disease disease, ocean acidi24 fication, and bleaching; 


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1 ‘‘(5) promoting and assisting the implementa2 tion of cooperative coral reef ecosystem conservation 

3 projects that involve affected local communities, non4 governmental organizations, or others in the private 

5 sector; 

6 ‘‘(6) increasing public knowledge and awareness 

7 of coral reef ecosystems and issues regarding their 

8 long-term conservation, including how they function 

9 to protect coastal communities; 

10 ‘‘(7) mapping the location, distribution, and 

11 biodiversity of coral reef ecosystems; 

12 ‘‘(8) developing and implementing techniques to 

13 monitor and assess the status and condition of coral 

14 reef ecosystems and biodiversity; 

15 ‘‘(9) developing and implementing cost-effective 

16 methods to restore degraded coral reef ecosystems 

17 and biodiversity; 

18 ‘‘(10) responding to coral disease disease, ocean 

19 acidification, and bleaching events; 

20 ‘‘(11) promoting activities designed to prevent 

21 or minimize damage to coral reef ecosystems, includ22 ing the promotion of ecologically sound navigation 

23 and anchorages; or 

24 ‘‘(12) promoting and assisting entities to work 

25 with local communities, and all appropriate governVerDate Aug 31 2005 05:51 Mar 14, 2008 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1580.RS S1580

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1 mental and nongovernmental organizations, to sup2 port community-based planning and management 

3 initiatives for the protection of coral reef systems.’’; 

4 and 

5 (7) by striking ‘‘coral reefs’’ in subsection (j) 

6 and inserting ‘‘coral reef ecosystems’’. 

7 SEC. 6. CORAL REEF CONSERVATION FUND. 

8 Section 205 (16 U.S.C. 6404) is amended— 

9 (1) by striking subsection (a) and inserting the 

10 following: 

11 ‘‘(a) FUND.—The Secretary may enter into agree12 ments with nonprofit organizations promoting coral reef 

13 ecosystem conservation by authorizing such organizations 

14 to receive, hold, and administer funds received pursuant 

15 to this section. Such organizations shall invest, reinvest, 

16 and otherwise administer the funds and maintain such 

17 funds and any interest or revenues earned in a separate 

18 interest-bearing account (referred to in section 218(a) 

19 219(a) as the ‘Fund’) established by such organizations 

20 solely to support partnerships between the public and pri21 vate sectors that further the purposes of this title and are 

22 consistent with the national coral reef action strategy 

23 under section 203.’’; 

24 (2) by striking ‘‘Administrator’’ in subsection 

25 (c) and inserting ‘‘Secretary’’; 


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1 (3) by striking ‘‘the grant program’’ in sub2 section (c) and inserting ‘‘any grant program’’; and 

3 (4) by striking ‘‘Administrator’’ in subsection 

4 (d) and inserting ‘‘Secretary’’. 

5 SEC. 7. AGREEMENTS. 

6 The Act (16 U.S.C. 6401 et seq.) is amended by re7 designating sections 206 through 210 as sections 207 

8 through 211, respectively, and inserting after section 205 

9 the following: 

10 ‘‘SEC. 206. AGREEMENTS. 

11 ‘‘(a) IN GENERAL.—The Secretary may execute and 

12 perform such contracts, leases, grants, or cooperative 

13 agreements as may be necessary to carry out the purposes 

14 of this title. 

15 ‘‘(b) COOPERATIVE AGREEMENTS.—In addition to the 

16 general authority provided by subsection (a), the Secretary 

17 may enter into, extend, or renegotiate agreements with uni18 versities and research centers with established management19 driven national or regional coral reef research institutes to 

20 conduct ecological research and monitoring explicitly aimed 

21 at building capacity for more effective resource manage22 ment. Pursuant to any such agreements these institutes 

23 shall— 


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1 ‘‘(1) collaborate directly with governmental re2 source management agencies, non-profit organiza3 tions, and other research organizations; 

4 ‘‘(2) build capacity within resource management 

5 agencies to establish research priorities, plan inter6 disciplinary research projects and make effective use 

7 of research results; and 

8 ‘‘(3) conduct public education and awareness 

9 programs for policy makers, resource managers, and 

10 the general public on coral reef ecosystems, best prac11 tices for coral reef and ecosystem management and 

12 conservation, their value, and threats to their sustain13 ability. 

14 ‘‘(b) (c) USE OF OTHER AGENCIES’ RESOURCES.— 

15 For purposes related to the conservation, preservation, 

16 protection, restoration, or replacement of coral reefs or 

17 coral reef ecosystems and the enforcement of this title, the 

18 Secretary is authorized to use, with their consent and with 

19 or without reimbursement, the land, services, equipment, 

20 personnel, and facilities of any Department, agency, or in21 strumentality of the United States, or of any State, local 

22 government, Indian tribal government, Territory or pos23 session, or of any political subdivision thereof, or of any 

24 foreign government or international organization. 

25 ‘‘(c) (d) AUTHORITY TO UTILIZE GRANT FUNDS.— 


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1 ‘‘(1) Except as provided in paragraph (2), the 

2 Secretary may apply for, accept, and obligate re3 search grant funding from any Federal source oper4 ating competitive grant programs where such fund5 ing furthers the purpose of this title. 

6 ‘‘(2) The Secretary may not apply for, accept, 

7 or obligate any grant funding under paragraph (1) 

8 for which the granting agency lacks authority to 

9 grant funds to Federal agencies, or for any purpose 

10 or subject to conditions that are prohibited by law 

11 or regulation. 

12 ‘‘(3) Appropriated funds may be used to satisfy 

13 a requirement to match grant funds with recipient 

14 agency funds, except that no grant may be accepted 

15 that requires a commitment in advance of appropria16 tions. 

17 ‘‘(4) Funds received from grants shall be depos18 ited in the National Oceanic and Atmospheric Ad19 ministration account for the purpose for which the 

20 grant was awarded.’’. 

21 SEC. 8. EMERGENCY ASSISTANCE. 

22 Section 207 (formerly 16 U.S.C. 6405), as redesig23 nated, is amended to read as follows: 


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1 ‘‘SEC. 207. EMERGENCY ASSISTANCE. 

2 ‘‘The Secretary, in cooperation with the Federal 

3 Emergency Management Agency, as appropriate, may pro4 vide assistance to any State, local, or territorial govern5 ment agency with jurisdiction over coral reef ecosystems 

6 to address any unforeseen or disaster-related circumstance 

7 pertaining to coral reef ecosystems.’’. 

8 SEC. 9. NATIONAL PROGRAM. 

9 Section 208 (formerly 16 U.S.C. 6406), as redesig10 nated, is amended to read as follows: 

11 ‘‘SEC. 208. NATIONAL PROGRAM. 

12 ‘‘(a) IN GENERAL.—Subject to the availability of ap13 propriations, the Secretary may conduct activities, includ14 ing with local, regional, or international programs and 

15 partners, as appropriate, to conserve coral reef eco16 systems, that are consistent with this title, the National 

17 Marine Sanctuaries Act, the Coastal Zone Management 

18 Act of 1972, the Magnuson-Stevens Fishery Conservation 

19 and Management Act, the Endangered Species Act of 

20 1973, and the Marine Mammal Protection Act of 1972. 

21 ‘‘(b) AUTHORIZED ACTIVITIES.—Activities author22 ized under subsection (a) include— 

23 ‘‘(1) mapping, monitoring, assessment, restora24 tion, socioeconomic and scientific research that ben25 efit the understanding, sustainable use, biodiversity, 

26 and long-term conservation of coral reef ecosystems; 


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1 ‘‘(2) enhancing public awareness, education, un2 derstanding, and appreciation of coral reef eco3 systems; 

4 ‘‘(3) removing, and providing assistance to 

5 States in removing, abandoned fishing gear, marine 

6 debris, and abandoned vessels from coral reef eco7 systems to conserve living marine resources; 

8 ‘‘(4) responding to incidents and events that 

9 threaten and damage coral reef ecosystems, includ10 ing disease and bleaching; 

11 ‘‘(5) conservation and management of coral reef 

12 ecosystems; 

13 ‘‘(6) centrally archiving, managing, and distrib14 uting data sets and providing coral reef ecosystem 

15 assessments and services to the general public. with 

16 local, regional, or international programs and part17 ners; and 

18 ‘‘(7) activities designed to prevent or minimize 

19 damage to coral reef ecosystems, including those ac20 tivities described in section 211 212 of this title. 

21 ‘‘(c) DATA ARCHIVE, ACCESS, AND AVAILABILITY.— 

22 The Secretary, in coordination with similar efforts at other 

23 Departments and agencies shall provide for the long-term 

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1 tion via data processing, storage, and archive facilities 

2 pursuant to this title. The Secretary may— 

3 ‘‘(1) archive environmental data collected by 

4 Federal, State, local agencies and tribal organiza5 tions and federally funded research; 

6 ‘‘(2) promote widespread availability and dis7 semination of environmental data and information 

8 through full and open access and exchange to the 

9 greatest extent possible, including in electronic for10 mat on the Internet; 

11 ‘‘(3) develop standards, protocols and proce12 dures for sharing Federal data with State and local 

13 government programs and the private sector or aca14 demia; and 

15 ‘‘(4) develop metadata standards for coral reef 

16 ecosystems in accordance with Federal Geographic 

17 Data Committee guidelines. 

18 ‘‘(d) EMERGENCY RESPONSE, STABILIZATION, AND

19 RESTORATION.—The Secretary shall establish an account 

20 (to be called the Emergency Response, Stabilization, and 

21 Restoration Account) in the Damage Assessment Restora22 tion Revolving Fund established by the Department of 

23 Commerce Appropriations Act, 1991 (33 U.S.C. 2706 

24 note), for implementation of this subsection for emergency 

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1 tion 218, 219, and funds authorized by sections 

2 212(d)(3)(B) and 213(f)(3)(B), 213(d)(3)(B) and 

3 214(f)(3)(B), shall be deposited into the Account and made 

4 available for use by the Secretary as specified in sections 

5 212 and 213. 213 and 214.’’. 

6 SEC. 10. INTERNATIONAL CORAL REEF CONSERVATION 

7 PROGRAM. 

8 The Act (16 U.S.C. 6401 et seq.) is further amended 

9 by redesignating sections 209 through 211, as redesigned, 

10 as sections 210 through 212, respectively, and inserting 

11 after section 208 the following: 

12 ‘‘SEC. 209. INTERNATIONAL CORAL REEF CONSERVATION 

13 PROGRAM. 

14 ‘‘(a) ESTABLISHMENT OF THE PROGRAM.— 

15 ‘‘(1) IN GENERAL.—The Secretary shall establish 

16 an International Coral Reef Conservation Program to 

17 carry out activities consistent with the purposes of 

18 this Act with respect to coral reef ecosystems in wa19 ters outside United States jurisdiction. The Program 

20 shall consist of the development and implementation 

21 of an international coral reef ecosystem strategy pur22 suant to subsection (b), and an international coral 

23 reef ecosystem partnership program pursuant to sub24 section (c). 


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1 ‘‘(2) COORDINATION.—In carrying out this sub2 section, the Secretary shall consult with the Secretary 

3 of State, the Administrator of the Agency for Inter4 national Development, the Secretary of the Interior, 

5 and other relevant Federal agencies, and relevant 

6 United States stakeholders, and shall take into ac7 count coral reef ecosystem conservation initiatives of 

8 other nations, international agreements, and intergov9 ernmental and nongovernmental organizations so as 

10 to provide effective cooperation and efficiencies in 

11 international coral reef conservation. The Secretary 

12 may consult with the Coral Reef Task Force in car13 rying out this subsection. 

14 ‘‘(b) INTERNATIONAL CORAL REEF ECOSYSTEM

15 STRATEGY.— 

16 ‘‘(1) IN GENERAL.—Not later than 1 year after 

17 the date of enactment of the Coral Reef Conservation 

18 Amendments Act of 2007, the Secretary shall submit 

19 to the Senate Committee on Commerce, Science, and 

20 Transportation and the House of Representatives 

21 Committee on Natural Resources, and publish in the 

22 Federal Register, an international coral reef eco23 system strategy, consistent with the purposes of this 

24 Act and the national strategy required pursuant to 


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1 section 203(a). The Secretary shall periodically re2 view and revise this strategy as necessary. 

3 ‘‘(2) CONTENTS.—The strategy developed by the 

4 Secretary under paragraph (1) shall— 

5 ‘‘(A) identify coral reef ecosystems through6 out the world that are of high value for United 

7 States marine resources, that support high-seas 

8 resources of importance to the United States such 

9 as fisheries, or that support other interests of the 

10 United States; 

11 ‘‘(B) summarize existing activities by Fed12 eral agencies and entities described in subsection 

13 (a)(2) to address the conservation of coral reef 

14 ecosystems identified pursuant to subparagraph 

15 (A); 

16 ‘‘(C) establish goals, objectives, and specific 

17 targets for conservation of priority international 

18 coral reef ecosystems; 

19 ‘‘(D) describe appropriate activities to 

20 achieve the goals and targets for international 

21 coral reef conservation, in particular those that 

22 leverage activities already conducted under this 

23 Act; 

24 ‘‘(E) develop a plan to coordinate imple25 mentation of the strategy with entities described 


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1 in subsection (a)(2) in order to leverage current 

2 activities under this Act and other conservation 

3 efforts globally; 

4 ‘‘(F) identify appropriate partnerships, 

5 grants, or other funding and technical assistance 

6 mechanisms to carry out the strategy; and 

7 ‘‘(G) develop criteria for prioritizing part8 nerships under subsection (c). 

9 ‘‘(c) INTERNATIONAL CORAL REEF ECOSYSTEM PART10 NERSHIPS.— 

11 ‘‘(1) IN GENERAL.—The Secretary shall establish 

12 an international coral reef ecosystem partnership pro13 gram to provide support, including funding and tech14 nical assistance, for activities that implement the 

15 strategy developed pursuant to subsection (b). 

16 ‘‘(2) MECHANISMS.—The Secretary shall provide 

17 such support through existing authorities, working in 

18 collaboration with the entities described in subsection 

19 (a)(2). 

20 ‘‘(3) CRITERIA FOR APPROVAL.—The Secretary 

21 may not approve a partnership proposal under this 

22 section unless the partnership is consistent with the 

23 international coral reef conservation strategy devel24 oped pursuant to subsection (b), and meets the cri25 teria specified in that strategy.’’. 


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1 SEC. 10. COMMUNITY-BASED PLANNING GRANTS. 

2 The Act (16 U.S.C. 6401 et seq.) is amended by fur3 ther redesignating sections 209 through 211, as redesig4 nated, as sections 210 through 212, respectively, and in5 serting after section 208 the following: 

6 ‘‘SEC. 209. COMMUNITY-BASED PLANNING GRANTS. 

7 SEC. 11. COMMUNITY-BASED PLANNING GRANTS. 

8 The Act (16 U.S.C. 6401 et seq.) is further amended 

9 by redesignating sections 210 through 212, as redesignated, 

10 as sections 211 through 213, respectively, and inserting 

11 after section 209 the following: 

12 ‘‘SEC. 210. COMMUNITY-BASED PLANNING GRANTS. 

13 ‘‘(a) IN GENERAL.—The Secretary may make grants 

14 to entities who have received grants under section 204 to 

15 provide additional funds to such entities to work with local 

16 communities and through appropriate Federal and State 

17 entities to prepare and implement plans for the increased 

18 protection of coral reef areas identified by the community 

19 and scientific experts as high priorities for focused atten20 tion. The plans shall— 

21 ‘‘(1) support attainment of 1 or more of the cri22 teria described in section 204(g); 

23 ‘‘(2) be developed at the community level; 

24 ‘‘(3) utilize watershed-based approaches; 

25 ‘‘(4) provide for coordination with Federal and 

26 State experts and managers; and 


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1 ‘‘(5) build upon local approaches approaches, 

2 strategies, or models, including traditional or island3 based resource management concepts. 

4 ‘‘(b) TERMS AND CONDITIONS.—The provisions of 

5 subsections (b), (d), (f), and (h) of section 204 apply to 

6 grants under subsection (a), except that, for the purpose 

7 of applying section 204(b)(1) to grants under this section, 

8 ‘75 percent’ shall be substituted for ‘50 percent’.’’. 

9 SEC. 11. VESSEL GROUNDING INVENTORY. 

10 The Act (16 U.S.C. 6401 et seq.) is further amended 

11 by redesignating sections 210 through 212, as redesig12 nated, as sections 211 through 213, and inserting after 

13 section 209, as added by section 10, the following: 

14 ‘‘SEC. 210. VESSEL GROUNDING INVENTORY. 

15 SEC. 12. VESSEL GROUNDING INVENTORY. 

16 The Act (16 U.S.C. 6401 et seq.) is further amended 

17 by redesignating sections 211 through 213, as redesignated, 

18 as sections 212 through 214, and inserting after section 210, 

19 as added by section 11, the following: 

20 ‘‘SEC. 211. VESSEL GROUNDING INVENTORY. 

21 ‘‘(a) IN GENERAL.—The Secretary may maintain an 

22 inventory of all vessel grounding incidents involving coral 

23 reefs, including a description of— 

24 ‘‘(1) the impacts to affected coral reef eco25 systems; 


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1 ‘‘(2) vessel and ownership information, if avail2 able; 

3 ‘‘(3) the estimated cost of removal, mitigation, 

4 or restoration; 

5 ‘‘(4) the response action taken by the owner, 

6 the Secretary, the Commandant of the Coast Guard, 

7 or other Federal or State agency representatives; 

8 ‘‘(5) the status of the response action, including 

9 the dates of vessel removal and mitigation or res10 toration and any actions taken to prevent future 

11 grounding incidents; and 

12 ‘‘(6) recommendations for additional naviga13 tional aids or other mechanisms for preventing fu14 ture grounding incidents. 

15 ‘‘(b) IDENTIFICATION OF AT-RISK REEFS.—The Sec16 retary may— 

17 ‘‘(1) use information from any inventory main18 tained under subsection (a) or any other available 

19 information source to identify coral reef ecosystems 

20 that have a high incidence of vessel impacts, includ21 ing groundings and anchor damage; 

22 ‘‘(2) identify appropriate measures, including 

23 the acquisition and placement of aids to navigation, 

24 moorings, designated anchorage areas, fixed anchors 


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1 and other devices, to reduce the likelihood of such 

2 impacts; and 

3 ‘‘(3) develop a strategy and timetable to imple4 ment such measures, including cooperative actions 

5 with other government agencies and non-govern6 mental partners.’’. 

7 SEC. 12. PROHIBITED ACTIVITIES. 

8 The Act (16 U.S.C. 6401 et seq.) is amended by fur9 ther redesignating sections 211 through 213, as redesig10 nated, as sections 217 through 220, and inserting after 

11 section 210 the following: 

12 ‘‘SEC. 211. PROHIBITED ACTIVITIES AND SCOPE OF PROHI13 BITIONS. 

14 SEC. 13. PROHIBITED ACTIVITIES. 

15 (a) IN GENERAL.—The Act (16 U.S.C. 6401 et seq.) 

16 is amended by further redesignating sections 212 through 

17 214, as redesignated, as sections 218 through 221, and in18 serting after section 211 the following: 

19 ‘‘SEC. 212. PROHIBITED ACTIVITIES AND SCOPE OF PROHI20 BITIONS. 

21 ‘‘(a) PROVISIONS AS COMPLEMENTARY.—The provi22 sions of this section are in addition to, and shall not affect 

23 the operation of, other Federal, State, or local laws or reg24 ulations providing protection to coral reef ecosystems. 

25 ‘‘(b) DESTRUCTION, LOSS, TAKING, OR INJURY.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), it is unlawful for any person to destroy, 

3 take, cause the loss of, or injure any coral reef or 

4 any component thereof. 

5 ‘‘(2) EXCEPTIONS.—The destruction, loss, tak6 ing, or injury of a coral reef or any component 

7 thereof is not unlawful if it— 

8 ‘‘(A) was caused by the use of fishing gear 

9 used in a manner permitted under the Magnu10 son-Stevens Fishery Conservation and Manage11 ment Act (16 U.S.C. 1801 et seq.) or other 

12 Federal or State law; 

13 ‘‘(B) was caused by an activity that is au14 thorized or allowed by Federal or State law (in15 cluding lawful discharges from vessels of vessels, 

16 such as graywater, cooling water, engine ex17 haust, ballast water, or sewage from marine 

18 sanitation devices), unless the destruction, loss, 

19 or injury resulted from actions such as vessel 

20 groundings, vessel scrapings, anchor damage, 

21 excavation not authorized by Federal or State 

22 permit, or other similar activities; 

23 ‘‘(C) was the necessary result of bona fide 

24 marine scientific research (including marine sci25 entific research activities approved by Federal, 


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1 State, or local permits), other than excessive 

2 sampling or collecting, or actions such as vessel 

3 groundings, vessel scrapings, anchor damage, 

4 excavation, or other similar activities; 

5 ‘‘(D) was caused by a Federal Government 

6 agency— 

7 ‘‘(i) during— 

8 ‘‘(I) an emergency that posed an 

9 unacceptable threat to human health 

10 or safety or to the marine environ11 ment; 

12 ‘‘(II) an emergency that posed a 

13 threat to national security; or 

14 ‘‘(III) an activity necessary for 

15 law enforcement or search and rescue; 

16 and 

17 could not reasonably be avoided; or 

18 ‘‘(E) was caused by an action taken to en19 sure the safety of the vessel or the lives of pas20 sengers or crew. 

21 ‘‘(E) was caused by an action taken by the 

22 master of the vessel in an emergency situation to 

23 ensure the safety of the vessel or to save a life at 

24 sea. 


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1 ‘‘(c) INTERFERENCE WITH ENFORCEMENT.—It is 

2 unlawful for any person to interfere with the enforcement 

3 of this title by— 

4 ‘‘(1) refusing to permit any officer authorized 

5 to enforce this title to board a vessel (other than a 

6 vessel operated by the Department of Defense or 

7 United States Coast Guard) subject to such person’s 

8 control for the purposes of conducting any search or 

9 inspection in connection with the enforcement of this 

10 title; 

11 ‘‘(2) resisting, opposing, impeding, intimidating, 

12 harassing, bribing, interfering with, or forcibly as13 saulting any person authorized by the Secretary to 

14 implement this title or any such authorized officer in 

15 the conduct of any search or inspection performed 

16 under this title; or 

17 ‘‘(3) submitting false information to the Sec18 retary or any officer authorized to enforce this title 

19 in connection with any search or inspection con20 ducted under this title. 

21 ‘‘(d) VIOLATIONS OF TITLE, PERMIT, OR REGULA22 TION.—It is unlawful for any person to violate any provi23 sion of this title, any permit issued pursuant to this title, 

24 or any regulation promulgated pursuant to this title. 


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1 ‘‘(e) POSSESSION AND DISTRIBUTION.—It is unlaw2 ful for any person to possess, sell, deliver, carry, transport, 

3 or ship by any means any coral taken in violation of this 

4 title.’’. 

5 (b) EMERGENCY ACTION REGULATIONS.—The Sec6 retary shall initiate a rulemaking proceeding to prescribe 

7 the circumstances and conditions under which the exception 

8 in section 212(b)(2)(E) of the Coral Reef Conservation Act 

9 of 2000, as amended by subsection (a), applies and shall 

10 issue a final rule pursuant to that rulemaking as soon as 

11 practicable but not later than 1 year after the date of enact12 ment of this Act. Nothing in this subsection shall be con13 strued to require the issuance of such regulations before the 

14 exception provided by that section is in effect. 

15 SEC. 13. DESTRUCTION OF CORAL REEFS. 

16 The Act (16 U.S.C. 6401 et seq.) is further amended 

17 by inserting after section 211, as added by section 12, the 

18 following: 

19 ‘‘SEC. 212. DESTRUCTION, LOSS, OR TAKING OF, OR INJURY 

20 TO, CORAL REEFS. 

21 SEC. 14. DESTRUCTION OF CORAL REEFS. 

22 The Act (16 U.S.C. 6401 et seq.) is further amended 

23 by inserting after section 212, as added by section 13, the 

24 following: 


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1 ‘‘SEC. 213. DESTRUCTION, LOSS, OR TAKING OF, OR INJURY 

2 TO, CORAL REEFS. 

3 ‘‘(a) LIABILITY.— 

4 ‘‘(1) LIABILITY TO THE UNITED STATES.—Ex5 cept as provided in subsection (f), all persons who 

6 engage in an activity that is prohibited under sub7 sections (a) or (c) of section 211, (b) or (d) of section 

8 212, or create an imminent risk thereof, are liable, 

9 jointly and severally, to the United States for an 

10 amount equal to the sum of— 

11 ‘‘(A) response costs and damages resulting 

12 from the destruction, loss, taking, or injury, or 

13 imminent risk thereof, including damages re14 sulting from the response actions; 

15 ‘‘(B) costs of seizure, forfeiture, storage, 

16 and disposal arising from liability under this 

17 section; and 

18 ‘‘(C) interest on that amount calculated in 

19 the manner described in section 1005 of the Oil 

20 Pollution Act of 1990 (33 U.S.C. 2705). 

21 ‘‘(2) LIABILITY IN REM.— 

22 ‘‘(A) Any vessel used in an activity that is 

23 prohibited under subsection (a) or (c) of section 

24 211, (b) or (d) of section 212, or creates an im25 minent risk thereof, shall be liable in rem to the 


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1 United States for an amount equal to the sum 

2 of— 

3 ‘‘(i) response costs and damages re4 sulting from such destruction, loss, or in5 jury, or imminent risk thereof, including 

6 damages resulting from the response ac7 tions; 

8 ‘‘(ii) costs of seizure, forfeiture, stor9 age, and disposal arising from liability 

10 under this section; and 

11 ‘‘(iii) interest on that amount cal12 culated in the manner described in section 

13 1005 of the Oil Pollution Act of 1990 (33 

14 U.S.C. 2705). 

15 ‘‘(B) The amount of liability shall con16 stitute a maritime lien on the vessel and may 

17 be recovered in an action in rem in any district 

18 court of the United States that has jurisdiction 

19 over the vessel. 

20 ‘‘(3) DEFENSES.—A person or vessel is not lia21 ble under this subsection if that person or vessel es22 tablishes that the destruction, loss, taking, or injury 

23 was caused solely by an act of God, an act of war, 

24 or an act or omission of a third party (other than 

25 an employee or agent of the defendant or one whose 


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1 act or omission occurs in connection with a contrac2 tual relationship, existing directly or indirectly with 

3 the defendant), and the person or master of the ves4 sel acted with due care. 

5 ‘‘(4) NO LIMIT TO LIABILITY.—Nothing in sec6 tions 30501 through 30512 or section 30706 of title 

7 46, United States Code, shall limit liability to any 

8 person under this title. 

9 ‘‘(b) RESPONSE ACTIONS AND DAMAGE ASSESS10 MENT.— 

11 ‘‘(1) RESPONSE ACTIONS.—The Secretary may 

12 undertake or authorize all necessary actions to pre13 vent or minimize the destruction, loss, or taking of, 

14 or injury to, coral reefs, or components thereof, or 

15 to minimize the risk or imminent risk of such de16 struction, loss, or injury. 

17 ‘‘(2) DAMAGE ASSESSMENT.— 

18 ‘‘(A) The Secretary shall assess damages 

19 (as defined in section 220(8)) 221(8)) to coral 

20 reefs and shall consult with State officials re21 garding response and damage assessment ac22 tions undertaken for coral reefs within State 

23 waters. 

24 ‘‘(B) There shall be no double recovery 

25 under this chapter for coral reef damages, inVerDate Aug 31 2005 05:51 Mar 14, 2008 Jkt 069200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S1580.RS S1580

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1 cluding the cost of damage assessment, for the 

2 same incident. 

3 ‘‘(c) COMMENCEMENT OF CIVIL ACTION FOR RE4 SPONSE COSTS AND DAMAGES.— 

5 ‘‘(1) COMMENCEMENT.—The Attorney General, 

6 upon the request of the Secretary, may commence a 

7 civil action against any person or vessel that may be 

8 liable under subsection (a) of this section for re9 sponse costs, seizure, forfeiture, storage, or disposal 

10 costs, and damages, and interest on that amount 

11 calculated in the manner described in section 1005 

12 of the Oil Pollution Act of 1990 (33 U.S.C. 2705). 

13 The Secretary, acting as trustee for coral reefs for 

14 the United States, shall submit a request for such 

15 an action to the Attorney General whenever a person 

16 or vessel may be liable for such costs or damages. 

17 ‘‘(2) VENUE IN CIVIL ACTIONS.—A civil action 

18 under this title may be brought in the United States 

19 district court for any district in which— 

20 ‘‘(A) the defendant is located, resides, or is 

21 doing business, in the case of an action against 

22 a person; 

23 ‘‘(B) the vessel is located, in the case of an 

24 action against a vessel; 


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1 ‘‘(C) the destruction, loss, or taking of, or 

2 injury to a coral reef, or component thereof, oc3 curred or in which there is an imminent risk of 

4 such destruction, loss, or injury; or 

5 ‘‘(D) where some or all of the coral reef or 

6 component thereof that is the subject of the ac7 tion is not within the territory covered by any 

8 United States district court, such action may be 

9 brought either in the United States district 

10 court for the district closest to the location 

11 where the destruction, loss, injury, or risk of in12 jury occurred, or in the United States District 

13 Court for the District of Columbia. 

14 ‘‘(d) USE OF RECOVERED AMOUNTS.—Any costs, in15 cluding response costs and damages recovered by the Sec16 retary under this section shall— 

17 ‘‘(1) be deposited into an account or accounts 

18 in the Damage Assessment Restoration Revolving 

19 Fund established by the Department of Commerce 

20 Appropriations Act, 1991 (33 U.S.C. 2706 note), or 

21 the Natural Resource Damage Assessment and Res22 toration Fund established by the Department of the 

23 Interior and Related Agencies Appropriations Act, 

24 1992 (43 U.S.C. 1474b), as appropriate given the 

25 location of the violation; 


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1 ‘‘(2) be available for use by the Secretary with2 out further appropriation and remain available until 

3 expended; and 

4 ‘‘(3) be for use, as the Secretary considers ap5 propriate— 

6 ‘‘(A) to reimburse the Secretary or any 

7 other Federal or State agency that conducted 

8 activities under subsection (a) or (b) of this sec9 tion for costs incurred in conducting the activ10 ity; 

11 ‘‘(B) to be transferred to the Emergency 

12 Response, Stabilization and Restoration Ac13 count established under section 208(d) to reim14 burse that account for amounts used for au15 thorized emergency actions; and 

16 ‘‘(C) after reimbursement of such costs, to 

17 restore, replace, or acquire the equivalent of 

18 any coral reefs, or components thereof, includ19 ing the reasonable costs of monitoring, or to 

20 minimize or prevent threats of equivalent injury 

21 to, or destruction of coral reefs, or components 

22 thereof. 

23 ‘‘(d) USE OF RECOVERED AMOUNTS.— 


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1 ‘‘(1) IN GENERAL.—Any costs, including re2 sponse costs and damages recovered by the Secretary 

3 under this section shall— 

4 ‘‘(A) be deposited into an account or ac5 counts in the Damage Assessment Restoration 

6 Revolving Fund established by the Department of 

7 Commerce Appropriations Act, 1991 (33 U.S.C. 

8 2706 note), or the Natural Resource Damage As9 sessment and Restoration Fund established by 

10 the Department of the Interior and Related 

11 Agencies Appropriations Act, 1992 (43 U.S.C. 

12 1474b), as appropriate given the location of the 

13 violation; 

14 ‘‘(B) be available for use by the Secretary 

15 without further appropriation and remain avail16 able until expended; and 

17 ‘‘(C) be for use, as the Secretary considers 

18 appropriate— 

19 ‘‘(i) to reimburse the Secretary or any 

20 other Federal or State agency that con21 ducted activities under subsection (a) or (b) 

22 of this section for costs incurred in con23 ducting the activity; 

24 ‘‘(ii) to be transferred to the Emer25 gency Response, Stabilization and RestoraVerDate Aug 31 2005 05:51 Mar 14, 2008 Jkt 069200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6203 E:\BILLS\S1580.RS S1580

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1 tion Account established under section 

2 208(d) to reimburse that account for 

3 amounts used for authorized emergency ac4 tions; and 

5 ‘‘(iii) after reimbursement of such 

6 costs, to restore, replace, or acquire the 

7 equivalent of any coral reefs, or components 

8 thereof, including the reasonable costs of 

9 monitoring, or to minimize or prevent 

10 threats of equivalent injury to, or destruc11 tion of coral reefs, or components thereof. 

12 ‘‘(2) RESTORATION CONSIDERATIONS.—In devel13 opment of restoration alternatives under paragraph 

14 (1)(C), the Secretary shall consider State and terri15 torial preferences and, if appropriate, shall prioritize 

16 restoration projects with geographic and ecological 

17 linkages to the injured resources. 

18 ‘‘(e) STATUTE OF LIMITATIONS.—An action for re19 sponse costs or damages under subsection (c) shall be 

20 barred unless the complaint is filed within 3 years after 

21 the date on which the Secretary completes a damage as22 sessment and restoration plan for the coral reefs, or com23 ponents thereof, to which the action relates. If the Sec24 retary fails to complete such damage assessment and res25 toration plan within one year after discovery of the damVerDate Aug 31 2005 05:51 Mar 14, 2008 Jkt 069200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S1580.RS S1580

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1 age, then for the purposes of this subsection such assess2 ment and plan shall be deemed to have been completed 

3 by the Secretary on the 366th day following discovery of 

4 the damage. 

5 ‘‘(f) FEDERAL GOVERNMENT ACTIVITIES.—In the 

6 event of threatened or actual destruction of, loss of, or 

7 injury to a coral reef or component thereof resulting from 

8 an incident caused by a component of any Department or 

9 agency of the United States Government, the cognizant 

10 Department or agency shall satisfy its obligations under 

11 this section by promptly, in coordination with the Sec12 retary, taking appropriate actions to respond to and miti13 gate the harm and restoring or replacing the coral reef 

14 or components thereof and reimbursing the Secretary for 

15 all assessment costs.’’. 

16 SEC. 14. ENFORCEMENT. 

17 The Act (16 U.S.C. 6401 et seq.) is further amended 

18 by inserting after section 212, as added by section 13, the 

19 following: 

20 ‘‘SEC. 213. ENFORCEMENT. 

21 SEC. 15. ENFORCEMENT. 

22 The Act (16 U.S.C. 6401 et seq.) is further amended 

23 by inserting after section 213, as added by section 14, the 

24 following: 


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1 ‘‘SEC. 214. ENFORCEMENT. 

2 ‘‘(a) IN GENERAL.—The Secretary shall conduct en3 forcement activities to carry out this title. 

4 ‘‘(b) POWERS OF AUTHORIZED OFFICERS.—Any per5 son who is authorized to enforce this title may— 

6 ‘‘(1) board, search, inspect, and seize any vessel 

7 or other conveyance suspected of being used to vio8 late this title, any regulation promulgated under this 

9 title, or any permit issued under this title, and any 

10 equipment, stores, and cargo of such vessel; 

11 ‘‘(2) seize wherever found any component of 

12 coral reef taken or retained in violation of this title, 

13 any regulation promulgated under this title, or any 

14 permit issued under this title; 

15 ‘‘(3) seize any evidence of a violation of this 

16 title, any regulation promulgated under this title, or 

17 any permit issued under this title; 

18 ‘‘(4) execute any warrant or other process 

19 issued by any court of competent jurisdiction; 

20 ‘‘(5) exercise any other lawful authority; and 

21 ‘‘(6) arrest any person, if there is reasonable 

22 cause to believe that such person has committed an 

23 act prohibited by section 211. 212. 

24 ‘‘(c) CIVIL ENFORCEMENT AND PERMIT SANC25 TIONS.— 


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1 ‘‘(1) CIVIL ADMINISTRATIVE PENALTY.—Any 

2 person subject to the jurisdiction of the United 

3 States who violates this title or any regulation pro4 mulgated or permit issued hereunder, shall be liable 

5 to the United States for a civil administrative pen6 alty of not more than $200,000 for each such viola7 tion, to be assessed by the Secretary. Each day of 

8 a continuing violation shall constitute a separate vio9 lation. In determining the amount of civil adminis10 trative penalty, the Secretary shall take into account 

11 the nature, circumstances, extent, and gravity of the 

12 prohibited acts committed and, with respect to the 

13 violator, the degree of culpability, and any history of 

14 prior violations, and such other matters as justice 

15 may require. In assessing such penalty, the Sec16 retary may also consider information related to the 

17 ability of the violator to pay. 

18 ‘‘(2) PERMIT SANCTIONS.—For any person sub19 ject to the jurisdiction of the United States who has 

20 been issued or has applied for a permit under this 

21 title, and who violates this title or any regulation or 

22 permit issued under this title, the Secretary may 

23 deny, suspend, amend, or revoke in whole or in part 

24 any such permit. For any person who has failed to 

25 pay or defaulted on a payment agreement of any 


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1 civil penalty or criminal fine or liability assessed 

2 pursuant to any natural resource law administered 

3 by the Secretary, the Secretary may deny, suspend, 

4 amend or revoke in whole or in part any permit 

5 issued or applied for under this title. 

6 ‘‘(3) IMPOSITION OF CIVIL JUDICIAL PEN7 ALTIES.—Any person who violates any provision of 

8 this title, any regulation promulgated or permit 

9 issued thereunder, shall be subject to a civil judicial 

10 penalty not to exceed $250,000 for each such viola11 tion. Each day of a continuing violation shall con12 stitute a separate violation. The Attorney General, 

13 upon the request of the Secretary, may commence a 

14 civil action in an appropriate district court of the 

15 United States, and such court shall have jurisdiction 

16 to award civil penalties and such other relief as jus17 tice may require. In determining the amount of a 

18 civil penalty, the court shall take into account the 

19 nature, circumstances, extent, and gravity of the 

20 prohibited acts committed and, with respect to the 

21 violator, the degree of culpability, any history of 

22 prior violations, and such other matters as justice 

23 may require. In imposing such penalty, the district 

24 court may also consider information related to the 

25 ability of the violator to pay. 


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1 ‘‘(4) NOTICE.—No penalty or permit sanction 

2 shall be assessed under this subsection until after 

3 the person charged has been given notice and an op4 portunity for a hearing. 

5 ‘‘(5) IN REM JURISDICTION.—A vessel used in 

6 violating this title, any regulation promulgated under 

7 this title, or any permit issued under this title, shall 

8 be liable in rem for any civil penalty assessed for 

9 such violation. Such penalty shall constitute a mari10 time lien on the vessel and may be recovered in an 

11 action in rem in the district court of the United 

12 States having jurisdiction over the vessel. 

13 ‘‘(6) COLLECTION OF PENALTIES.—If any per14 son fails to pay an assessment of a civil penalty 

15 under this section after it has become a final and 

16 unappealable order, or after the appropriate court 

17 has entered final judgment in favor of the Secretary, 

18 the Secretary shall refer the matter to the Attorney 

19 General, who shall recover the amount assessed in 

20 any appropriate district court of the United States 

21 (plus interest at current prevailing rates from the 

22 date of the final order). In such action, the validity 

23 and appropriateness of the final order imposing the 

24 civil penalty shall not be subject to review. Any per25 son who fails to pay, on a timely basis, the amount 


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1 of an assessment of a civil penalty shall be required 

2 to pay, in addition to such amount and interest, at3 torney’s fees and costs for collection proceedings and 

4 a quarterly nonpayment penalty for each quarter 

5 during which such failure to pay persists. Such non6 payment penalty shall be in an amount equal to 20 

7 percent of the aggregate amount of such person’s 

8 penalties and nonpayment penalties that are unpaid 

9 as of the beginning of such quarter. 

10 ‘‘(7) COMPROMISE OR OTHER ACTION BY SEC11 RETARY.—The Secretary may compromise, modify, 

12 or remit, with or without conditions, any civil admin13 istrative penalty or permit sanction which is or may 

14 be imposed under this section and that has not been 

15 referred to the Attorney General for further enforce16 ment action. 

17 ‘‘(8) JURISIDICTION.—The several district 

18 courts of the United States shall have jurisdiction 

19 over any actions brought by the United States aris20 ing under this section. For the purpose of this sec21 tion, American Samoa shall be included within the 

22 judicial district of the District Court of the United 

23 States for the District of Hawaii. Each violation 

24 shall be a separate offense and the offense shall be 

25 deemed to have been committed not only in the disVerDate Aug 31 2005 05:51 Mar 14, 2008 Jkt 069200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S1580.RS S1580

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1 trict where the violation first occurred, but also in 

2 any other district as authorized by law. 

3 ‘‘(d) FORFEITURE.— 

4 ‘‘(1) CRIMINAL FORFEITURE.—A person who is 

5 convicted of an offense in violation of this title shall 

6 forfeit to the United States— 

7 ‘‘(A) any property, real or personal, consti8 tuting or traceable to the gross proceeds taken, 

9 obtained, or retained, in connection with or as 

10 a result of the offense, including, without limi11 tation, any coral reef or coral reef component 

12 (or the fair market value thereof); and 

13 ‘‘(B) any property, real or personal, used 

14 or intended to be used, in any manner, to com15 mit or facilitate the commission of the offense, 

16 including, without limitation, any vessel (includ17 ing the vessel’s equipment, stores, catch and 

18 cargo), vehicle, aircraft, or other means of 

19 transportation. 

20 Pursuant to section 2461(c) of title 28, United 

21 States Code, the provisions of section 413 of the 

22 Controlled Substances Act (21 U.S.C. 853) other 

23 than subsection (d) thereof shall apply to criminal 

24 forfeitures under this section. 


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1 ‘‘(2) CIVIL FORFEITURE.—The property set 

2 forth below shall be forfeited shall be subject to for3 feiture to the United States in accordance with the 

4 provisions of chapter 46 of title 18, United States 

5 Code, and no property right shall exist in it: 

6 ‘‘(A) Any property, real or personal, con7 stituting or traceable to the gross proceeds 

8 taken, obtained, or retained, in connection with 

9 or as a result of a violation of this title, includ10 ing, without limitation, any coral reef or coral 

11 reef component (or the fair market value there12 of). 

13 ‘‘(B) Any property, real or personal, used 

14 or intended to be used, in any manner, to com15 mit or facilitate the commission of a violation of 

16 this title, including, without limitation, any ves17 sel (including the vessel’s equipment, stores, 

18 catch and cargo), vehicle, aircraft, or other 

19 means of transportation. 

20 ‘‘(3) APPLICATION OF THE CUSTOMS LAWS.— 

21 All provisions of law relating to seizure, summary 

22 judgment, and judicial forfeiture and condemnation 

23 for violation of the customs laws, the disposition of 

24 the property forfeited or condemned or the proceeds 

25 from the sale thereof, the remission or mitigation of 


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1 such forfeitures, and the compromise of claims shall 

2 apply to seizures and forfeitures incurred, or alleged 

3 to have been incurred, under the provisions of this 

4 title, insofar as applicable and not inconsistent with 

5 the provisions hereof. For seizures and forfeitures of 

6 property under this section by the Secretary, such 

7 duties as are imposed upon the customs officer or 

8 any other person with respect to the seizure and for9 feiture of property under the customs law may be 

10 performed by such officers as are designated by the 

11 Secretary or, upon request of the Secretary, by any 

12 other agency that has authority to manage and dis13 pose of seized property. 

14 ‘‘(4) PRESUMPTION.—For the purposes of this 

15 section there is a rebuttable presumption that all 

16 coral reefs, or components thereof, found on board 

17 a vessel that is used or seized in connection with a 

18 violation of this title or of any regulation promul19 gated under this title were taken, obtained, or re20 tained in violation of this title or of a regulation pro21 mulgated under this title. 

22 ‘‘(e) PAYMENT OF STORAGE, CARE, AND OTHER

23 COSTS.—Any person assessed a civil penalty for a viola24 tion of this title or of any regulation promulgated under 

25 this title and any claimant in a forfeiture action brought 


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1 for such a violation, shall be liable for the reasonable costs 

2 incurred by the Secretary in storage, care, and mainte3 nance of any property seized in connection with the viola4 tion. 

5 ‘‘(f) EXPENDITURES.— 

6 ‘‘(1) Notwithstanding section 3302 of title 31, 

7 United States Code, or section 311 of the Magnu8 son-Stevens Fishery Conservation and Management 

9 Act (16 U.S.C. 1861), amounts received by the 

10 United States as civil penalties under subsection (c) 

11 of this section, forfeitures of property under sub12 section (d) of this section, and costs imposed under 

13 subsection (e) of this section, shall— 

14 ‘‘(A) be placed into an account; 

15 ‘‘(B) be available for use by the Secretary 

16 without further appropriation; and 

17 ‘‘(C) remain available until expended. 

18 ‘‘(2) Amounts received under this section for 

19 forfeitures under subsection (d) and costs imposed 

20 under subsection (e) shall be used to pay the reason21 able and necessary costs incurred by the Secretary 

22 to provide temporary storage, care, maintenance, 

23 and disposal of any property seized in connection 

24 with a violation of this title or any regulation pro25 mulgated under this title. 


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1 ‘‘(3) Amounts received under this section as 

2 civil penalties under subsection (c) of this section 

3 and any amounts remaining after the operation of 

4 paragraph (2) of this subsection shall— 

5 ‘‘(A) be used to stabilize, restore, or other6 wise manage the coral reef with respect to 

7 which the violation occurred that resulted in the 

8 penalty or forfeiture; 

9 ‘‘(B) be transferred to the Emergency Re10 sponse, Stabilization, and Restoration Account 

11 established under section 208(d) or an account 

12 described in section 212(d)(1) 213(d)(1) of this 

13 title, to reimburse such account for amounts 

14 used for authorized emergency actions; 

15 ‘‘(C) be used to conduct monitoring and 

16 enforcement activities; 

17 ‘‘(D) be used to conduct research on tech18 niques to stabilize and restore coral reefs; 

19 ‘‘(E) be used to conduct activities that pre20 vent or reduce the likelihood of future damage 

21 to coral reefs; 

22 ‘‘(F) be used to stabilize, restore or other23 wise manage any other coral reef; or 

24 ‘‘(G) be used to pay a reward to any per25 son who furnishes information leading to an asVerDate Aug 31 2005 05:51 Mar 14, 2008 Jkt 069200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S1580.RS S1580

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1 sessment of a civil penalty, or to a forfeiture of 

2 property, for a violation of this title or any reg3 ulation promulgated under this title. 

4 ‘‘(g) CRIMINAL ENFORCEMENT.— 

5 ‘‘(1) Any person (other than a foreign govern6 ment or any entity of such government) who know7 ingly commits any act prohibited by section 211(b) 

8 212(c) of this title shall be imprisoned for not more 

9 than 5 years and shall be fined not more than 

10 $500,000 for individuals or $1,000,000 for an orga11 nization; except that if in the commission of any 

12 such offense the individual uses a dangerous weap13 on, engages in conduct that causes bodily injury to 

14 any officer authorized to enforce the provisions of 

15 this title, or places any such officer in fear of immi16 nent bodily injury, the maximum term of imprison17 ment is not more than 10 years. 

18 ‘‘(2) Any person (other than a foreign govern19 ment or any entity of such government) who know20 ingly violates subsection (a) or (c) of section 211 (b), 

21 (d), or (e) of section 212 shall be fined under title 18, 

22 United States Code, or imprisoned not more than 5 

23 years or both. 

24 ‘‘(3) Any person (other than a foreign govern25 ment or any entity of such government) who violates 


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1 subsection (b), (d), or (e) of section 212, and who, in 

2 the exercise of due care should know that such per3 son’s conduct violates subsection (b), (d), or (e) of sec4 tion 212, shall be fined under title 18, United States 

5 Code, or imprisoned not more than 1 year, or both. 

6 ‘‘(3) (4) The several district courts of the 

7 United States shall have jurisdiction over any ac8 tions brought by the United States arising under 

9 this subsection. For the purpose of this subsection, 

10 American Samoa shall be included within the judi11 cial district of the District Court of the United 

12 States for the District of Hawaii. Each violation 

13 shall be a separate offense and the offense shall be 

14 deemed to have been committed not only in the dis15 trict where the violation first occurred, but also in 

16 any other district as authorized by law. Any offenses 

17 not committed in any district are subject to the 

18 venue provisions of section 3238 of title 18, United 

19 States Code. 

20 ‘‘(h) SUBPOENAS.—In the case of any investigation 

21 or hearing under this section or any other natural resource 

22 statute administered by the National Oceanic and Atmos23 pheric Administration which is determined on the record 

24 in accordance with the procedures provided for under sec25 tion 554 of title 5, United States Code, the Secretary may 


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1 issue subpoenas for the attendance and testimony of wit2 nesses and the production of relevant papers, books, elec3 tronic files, and documents, and may administer oaths. 

4 ‘‘(i) COAST GUARD AUTHORITY NOT LIMITED.— 

5 Nothing in this section shall be considered to limit the au6 thority of the Coast Guard to enforce this or any other 

7 Federal law under section 89 of title 14, United States 

8 Code. 

9 ‘‘(j) INJUNCTIVE RELIEF.— 

10 ‘‘(1) If the Secretary determines that there is 

11 an imminent risk of destruction or loss of or injury 

12 to a coral reef, or that there has been actual de13 struction or loss of, or injury to, a coral reef which 

14 may give rise to liability under section 212 213 of 

15 this title, the Attorney General, upon request of the 

16 Secretary, shall seek to obtain such relief as may be 

17 necessary to abate such risk or actual destruction, 

18 loss, or injury, or to restore or replace the coral reef, 

19 or both. The district courts of the Unites States 

20 shall have jurisdiction in such a case to order such 

21 relief as the public interest and the equities of the 

22 case may require. 

23 ‘‘(2) Upon the request of the Secretary, the At24 torney General may seek to enjoin any person who 

25 is alleged to be in violation of any provision of this 


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1 title, or any regulation or permit issued under this 

2 title, and the district courts shall have jurisdiction to 

3 grant such relief. 

4 ‘‘(k) AREAOF APPLICATION AND ENFORCE5 ABILITY.—The area of application and enforceability of 

6 this title includes the internal waters of the United States, 

7 the territorial sea of the United States, as described in 

8 Presidential Proclamation 5928 of December 27, 1988, 

9 the Exclusive Economic Zone of the United States as de10 scribed in Presidential Proclamation 5030 of March 10, 

11 1983, and the continental shelf, consistent with inter12 national law. 

13 ‘‘(l) NATIONWIDE SERVICE OF PROCESS.—In any ac14 tion by the United States under this title, process may 

15 be served in any district where the defendant is found, 

16 resides, transacts business, or has appointed an agent for 

17 the service of process, and for civil cases may also be 

18 served in a place not within the United States in accord19 ance with rule 4 of the Federal Rules of Civil Procedure. 

20 ‘‘(m) VENUE IN CIVIL ACTIONS.—A civil action 

21 under this title may be brought in the United States dis22 trict court for any district in which— 

23 ‘‘(1) the defendant is located, resides, or is 

24 doing business, in the case of an action against a 

25 person; 


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1 ‘‘(2) the vessel is located, in the case of an ac2 tion against a vessel; 

3 ‘‘(3) the destruction of, loss of, or injury to a 

4 coral reef, or component thereof, occurred or in 

5 which there is an imminent risk of such destruction, 

6 loss, or injury; or 

7 ‘‘(4) where some or all of the coral reef or com8 ponent thereof that is the subject of the action is not 

9 within the territory covered by any United States 

10 district court, such action may be brought either in 

11 the United States district court for the district clos12 est to the location where the destruction, loss, in13 jury, or risk of injury occurred, or in the United 

14 States District Court for the District of Columbia.’’. 

15 SEC. 15. PERMITS. 

16 The Act (16 U.S.C. 6401 et seq.) is further amended 

17 by inserting after section 213, as added by section 14, the 

18 following: 

19 ‘‘SEC. 214. PERMITS. 

20 SEC. 16. PERMITS. 

21 The Act (16 U.S.C. 6401 et seq.) is further amended 

22 by inserting after section 214, as added by section 14, the 

23 following: 


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1 ‘‘SEC. 215. PERMITS. 

2 ‘‘(a) IN GENERAL.—The Secretary may allow for the 

3 conduct of— 

4 ‘‘(1) bona fide research, and 

5 ‘‘(2) activities that would otherwise be prohib6 ited by this title or regulations issued thereunder, 

7 through issuance of coral reef conservation permits in ac8 cordance with regulations issued under this title. 

9 ‘‘(b) LIMITATION OF NON-RESEARCH ACTIVITIES.— 

10 The Secretary may not issue a permit for activities other 

11 than for bona fide research unless the Secretary finds— 

12 ‘‘(1) the activity proposed to be conducted is 

13 compatible with one or more of the purposes in sec14 tion 202(b) of this title; 

15 ‘‘(2) the activity conforms to the provisions of 

16 all other laws and regulations applicable to the area 

17 for which such permit is to be issued; and 

18 ‘‘(3) there is no practicable alternative to con19 ducting the activity in a manner that destroys, 

20 causes the loss of, or injures any coral reef or any 

21 component thereof. 

22 ‘‘(c) TERMS AND CONDITIONS.—The Secretary may 

23 place any terms and conditions on a permit issued under 

24 this section that the Secretary deems reasonable. 

25 ‘‘(d) FEES.— 


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1 ‘‘(1) ASSESSMENT AND COLLECTION.—Subject 

2 to regulations issued under this title, the Secretary 

3 may assess and collect fees as specified in this sub4 section. 

5 ‘‘(2) AMOUNT.—Any fee assessed shall be equal 

6 to the sum of— 

7 ‘‘(A) all costs incurred, or expected to be 

8 incurred, by the Secretary in processing the 

9 permit application, including indirect costs; and 

10 ‘‘(B) if the permit is approved, all costs in11 curred, or expected to be incurred, by the Sec12 retary as a direct result of the conduct of the 

13 activity for which the permit is issued, including 

14 costs of monitoring the conduct of the activity 

15 and educating the public about the activity and 

16 coral reef resources related to the activity. 

17 ‘‘(3) USE OF FEES.—Amounts collected by the 

18 Secretary in the form of fees under this section shall 

19 be collected and available for use only to the extent 

20 provided in advance in appropriations Acts and may 

21 be used by the Secretary for issuing and admin22 istering permits under this section. 

23 ‘‘(4) WAIVER OR REDUCTION OF FEES.—For 

24 any fee assessed under paragraph (2) of this sub25 section, the Secretary may— 


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1 ‘‘(A) accept in-kind contributions in lieu of 

2 a fee; or 

3 ‘‘(B) waive or reduce the fee. 

4 ‘‘(e) FISHING.—Nothing in this section shall be con5 sidered to require a person to obtain a permit under this 

6 section for the conduct of any fishing activities not prohib7 ited by this title or regulations issued thereunder.’’. 

8 SEC. 16. REGIONAL, STATE, AND TERRITORIAL COORDINA9 TION.. 

10 The Act (16 U.S.C. 6401 et seq.) is further amended 

11 by inserting after section 214, as added by section 15, the 

12 following: 

13 ‘‘SEC. 215. REGIONAL, STATE, AND TERRITORIAL COORDI14 NATION. 

15 SEC. 17. REGIONAL, STATE, AND TERRITORIAL COORDINA16 TION. 

17 The Act (16 U.S.C. 6401 et seq.) is further amended 

18 by inserting after section 215, as added by section 16, the 

19 following: 

20 ‘‘SEC. 216. REGIONAL, STATE, AND TERRITORIAL COORDI21 NATION. 

22 ‘‘(a) REGIONAL COORDINATION.—The Secretary and 

23 other Federal members of the Coral Reef Task Force shall 

24 work in coordination and collaboration with other Federal 

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1 ments to implement the strategies developed under section 

2 203, including regional and local strategies, to address 

3 multiple threats to coral reefs and coral reef ecosystems 

4 such as coastal runoff, vessel impacts, and overharvesting. 

5 ‘‘(b) RESPONSE AND RESTORATION ACTIVITIES.— 

6 The Secretary shall, when appropriate, enter into a writ7 ten agreement with any affected State regarding the man8 ner in which response and restoration activities will be 

9 conducted within the affected State’s waters. 

10 ‘‘(b) RESPONSE AND RESTORATION ACTIVITIES.—The 

11 Secretary shall enter into written agreements with any 

12 States in which coral reefs are located regarding the man13 ner in which response and restoration activities will be con14 ducted within the affected State’s waters. Nothing in this 

15 subsection shall be construed to limit Federal response and 

16 restoration activity authority before any such agreement is 

17 final. 

18 ‘‘(c) COOPERATIVE ENFORCEMENT AGREEMENTS.— 

19 All cooperative enforcement agreements in place between 

20 the Secretary and States affected by this title shall be up21 dated to include enforcement of this title where appro22 priate.’’. 


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1 SEC. 17. REGULATIONS. 

2 The Act (16 U.S.C. 6401 et seq.) is further amended 

3 by inserting after section 215, as added by section 16, the 

4 following: 

5 ‘‘SEC. 216. REGULATIONS. 

6 SEC. 18. REGULATIONS. 

7 The Act (16 U.S.C. 6401 et seq.) is further amended 

8 by inserting after section 216, as added by section 17, the 

9 following: 

10 ‘‘SEC. 217. REGULATIONS. 

11 ‘‘The Secretary may issue such regulations as are 

12 necessary and appropriate to carry out the purposes of 

13 this title. This title and any regulations promulgated 

14 under this title shall be applied in accordance with inter15 national law. No restrictions shall apply to or be enforced 

16 against a person who is not a citizen, national, or resident 

17 alien of the United States (including foreign flag vessels) 

18 unless in accordance with international law.’’. 

19 SEC. 18. EFFECTIVENESS REPORT. 

20 Section 217 (formerly 16 U.S.C. 6407), as redesig21 nated, is amended to read as follows: 

22 ‘‘SEC. 217. EFFECTIVENESS REPORT. 

23 SEC. 19. EFFECTIVENESS REPORT. 

24 Section 218 (formerly 16 U.S.C. 6407), as redesig25 nated, is amended to read as follows: 


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1 ‘‘SEC. 218. EFFECTIVENESS REPORT. 

2 ‘‘Not later than March 1, 2009, and every 3 years 

3 thereafter, the Secretary shall submit to the Committee 

4 on Commerce, Science, and Transportation of the Senate 

5 and the Committee on Natural Resources of the House 

6 of Representatives a report describing all activities under7 taken to implement the strategy, including— 

8 ‘‘(1) a description of the funds obligated by 

9 each participating Federal agency to advance coral 

10 reef conservation during each of the 3 fiscal years 

11 next preceding the fiscal year in which the report is 

12 submitted; 

13 ‘‘(2) a description of Federal interagency and 

14 cooperative efforts with States and United States 

15 territories to prevent or address overharvesting, 

16 coastal runoff, or other anthropogenic impacts on 

17 coral reefs, including projects undertaken with the 

18 Department of Interior, Department of Agriculture, 

19 the Environmental Protection Agency, and the 

20 United States Army Corps of Engineers; 

21 ‘‘(3) a summary of the information contained in 

22 the vessel grounding inventory established under sec23 tion 210, including additional authorization or fund24 ing, needed for response and removal of such ves25 sels;’’ 


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1 ‘‘(4) a description of Federal disaster response 

2 actions taken pursuant to the National Response 

3 Plan to address damage to coral reefs and coral reef 

4 ecosystems; and 

5 ‘‘(5) an assessment of the condition of United 

6 States coral reefs, accomplishments under this Act, 

7 and the effectiveness of management actions to ad8 dress threats to coral reefs.’’. 

9 SEC. 19. AUTHORIZATION OF APPROPRIATIONS. 

10 Section 218 (formerly 16 U.S.C. 6408), as redesig11 nated, is amended— 

12 SEC. 20. AUTHORIZATION OF APPROPRIATIONS. 

13 Section 219 (formerly 16 U.S.C. 6408), as redesig14 nated, is amended— 

15 (1) by striking ‘‘$16,000,000 for each of fiscal 

16 years 2001, 2002, 2003, and 2004,’’ in subsection 

17 (a) and inserting ‘‘$34,000,000 for fiscal year 2008, 

18 $36,000,000 for fiscal year 2009, $38,000,000 for 

19 fiscal year 2010, and $40,000,000 for each of fiscal 

20 years 2011 through 2014, 2012, of which no less 

21 than 30 percent per year (for each of fiscal years 

22 2008 through 2014) 2012) shall be used for the 

23 grant program under section 204 and up to 10 per24 cent per year shall be used for the Fund established 

25 under section 205(a),’’; 


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1 (2) by striking ‘‘$1,000,000’’ in subsection (b) 

2 and inserting ‘‘$2,000,000’’; 

3 (3) by striking subsection (c) and inserting the 

4 following: 

5 ‘‘(c) COMMUNITY-BASED PLANNING GRANTS.— 

6 There is authorized to be appropriated to the Secretary 

7 to carry out section 209 210 the sum of $8,000,000 for 

8 fiscal years 2007 2008 through 2012, such sum to remain 

9 available until expended.’’; and 

10 (4) by striking subsection (d). 

11 (4) by striking subsection (d) and inserting the 

12 following: 

13 ‘‘(d) INTERNATIONAL CORAL REEF CONSERVATION

14 PROGRAM.—There are authorized to be appropriated to the 

15 Secretary to carry out section 209 $5,000,000 for fiscal year 

16 2008, and $10,000,000 for fiscal years 2009 through 2012, 

17 such sums to remain available until expended.’’. 

18 SEC. 20. JUDICIAL REVIEW. 

19 The Act (16 U.S.C. 6401 et seq.) is further amended 

20 by inserting after section 218, as amended by section 19, 

21 the following: 


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1 ‘‘SEC. 219. JUDICIAL REVIEW. 

2 SEC. 21. JUDICIAL REVIEW. 

3 The Act (16 U.S.C. 6401 et seq.) is further amended 

4 by inserting after section 219, as amended by section 20, 

5 the following: 

6 ‘‘SEC. 220. JUDICIAL REVIEW. 

7 ‘‘(a) IN GENERAL.—Judicial review of any action 

8 taken by the Secretary under this title shall be in accord9 ance with sections 701 through 706 of title 5, United 

10 States Code, except that— 

11 ‘‘(1) review of any final agency action of the 

12 Secretary taken pursuant to sections 211(c)(1) and 

13 211(c)(2) 214(c)(1) and 214(c)(2) may be had only 

14 by the filing of a complaint by an interested person 

15 in the United States District Court for the appro16 priate district within 30 days after the date such 

17 final agency action is taken; and 

18 ‘‘(2) review of all other final agency actions of 

19 the Secretary under this title may be had only by 

20 the filing of a petition for review by an interested 

21 person in the Circuit Court of Appeals of the United 

22 States for the District of Columbia Circuit or for the 

23 Federal judicial district in which such person resides 

24 or transacts business which is directly affected by 

25 the action taken within 120 days after the date such 

26 final agency action is taken. 


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1 ‘‘(b) NO REVIEW IN ENFORCEMENT PRO2 CEEDINGS.—Final agency action with respect to which re3 view could have been obtained under subsection (a)(2) 

4 shall not be subject to judicial review in any civil or crimi5 nal proceeding for enforcement. 

6 ‘‘(c) COST OF LITIGATION.—In any judicial pro7 ceeding under subsection (a), the court may award costs 

8 of litigation (including reasonable attorney and expert wit9 ness fees) to any prevailing party whenever it determines 

10 that such award is appropriate.’’. 

11 SEC. 21. DEFINITIONS. 

12 Section 220 (formerly 16 U.S.C. 6409), as redesig13 nated, is amended to read as follows: 

14 ‘‘SEC. 220. DEFINITIONS. 

15 SEC. 22. DEFINITIONS. 

16 Section 221 (formerly 16 U.S.C. 6409), as redesig17 nated, is amended to read as follows: 

18 ‘‘SEC. 221. DEFINITIONS. 

19 ‘‘In this title: 

20 ‘‘(1) BIODIVERSITY.—The term ‘biodiversity’ 

21 means the variability among living organisms from 

22 all sources including, inter alia, terrestrial, marine, 

23 and other aquatic ecosystems and the ecological 

24 complexes of which they are part, including diversity 

25 within species, between species, and of ecosystems. 


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1 ‘‘(2) CONSERVATION.—The term ‘conservation’ 

2 means the use of methods and procedures necessary 

3 to preserve or sustain corals and associated species 

4 and habitat as resilient, diverse, viable, and self-per5 petuating coral reef ecosystems, including all activi6 ties associated with resource management (such as 

7 assessment, conservation, protection, restoration, 

8 sustainable use, and management of habitat, map9 ping, habitat monitoring, assistance in the develop10 ment of management strategies for marine protected 

11 areas and marine resources consistent with the Na12 tional Marine Sanctuaries Act (16 U.S.C. 1431 et 

13 seq.) and the Magnuson-Stevens Fishery Conserva14 tion and Management Act (16 U.S.C. 1801 et seq.), 

15 law enforcement, conflict resolution initiatives, and 

16 community outreach and education) that promote 

17 safe and ecologically sound navigation. 

18 ‘‘(3) CORAL.—The term ‘coral’ means species 

19 of the phylum Cnidaria, including— 

20 ‘‘(A) all species of the orders Antipatharia 

21 (black corals), Scleractinia (stony corals), 

22 Gorgonacea (horny corals), Stolonifera 

23 (organpipe corals and others), Alcyonacea (soft 

24 corals), and Helioporacea (blue coral) of the 

25 class Anthozoa; and 


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1 ‘‘(B) all species of the families Milleporidea 

2 (fire corals) and Stylasteridae (stylasterid 

3 hydrocorals) of the class Hydrozoa. 

4 ‘‘(4) CORAL REEF.—The term ‘coral reef’ 

5 means limestone structures composed in whole or in 

6 part of living corals, as described in paragraph (3), 

7 their skeletal remains, or both, and including other 

8 corals, associated sessile invertebrates and plants, 

9 and any adjacent or associated seagrasses. 

10 ‘‘(5) CORAL REEF COMPONENT.—The term 

11 ‘coral reef component’ means any part of a coral 

12 reef, including individual living or dead corals, asso13 ciated sessile invertebrates and plants, and any adja14 cent or associated seagrasses. 

15 ‘‘(6) CORAL REEF ECOSYSTEM.—The term 

16 ‘coral reef ecosystem’ means the system of coral 

17 reefs and geographically associated species, habitats, 

18 and environment, including any adjacent or associ19 ated mangroves and seagrass habitats, and the proc20 esses that control its dynamics. 

21 ‘‘(7) CORAL PRODUCTS.—The term ‘coral prod22 ucts’ means any living or dead specimens, parts, or 

23 derivatives, or any product containing specimens, 

24 parts, or derivatives, of any species referred to in 

25 paragraph (3). 


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1 ‘‘(8) DAMAGES.—The term ‘damages’ in2 cludes— 

3 ‘‘(A) compensation for— 

4 ‘‘(i) the cost of replacing, restoring, or 

5 acquiring the equivalent of the coral reef, 

6 or component thereof; and 

7 ‘‘(ii) the lost services of, or the value 

8 of the lost use of, the coral reef or compo9 nent thereof, or the cost of activities to 

10 minimize or prevent threats of, equivalent 

11 injury to, or destruction of coral reefs or 

12 components thereof, pending restoration or 

13 replacement or the acquisition of an equiv14 alent coral reef or component thereof; 

15 ‘‘(B) the reasonable cost of damage assess16 ments under section 212; 213; 

17 ‘‘(C) the reasonable costs incurred by the 

18 Secretary in implementing section 208(d); 

19 ‘‘(D) the reasonable cost of monitoring ap20 propriate to the injured, restored, or replaced 

21 resources; 

22 ‘‘(E) the reasonable cost of curation, con23 servation and loss of contextual information of 

24 any coral encrusted archaeological, historical, 

25 and cultural resource; 


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1 ‘‘(F) the cost of legal actions under section 

2 212, 213, undertaken by the United States, as3 sociated with the destruction or loss of, or in4 jury to, a coral reef or component thereof, in5 cluding the costs of attorney time and expert 

6 witness fees; and 

7 ‘‘(G) the indirect costs associated with the 

8 costs listed in subparagraphs (A) through (F) 

9 of this paragraph. 

10 ‘‘(9) EMERGENCY ACTIONS.—The term ‘emer11 gency actions’ means all necessary actions to prevent 

12 or minimize the additional destruction or loss of, or 

13 injury to, coral reefs or components thereof, or to 

14 minimize the risk of such additional destruction, 

15 loss, or injury. 

16 ‘‘(10) EXCLUSIVE ECONOMIC ZONE.—The term 

17 ‘Exclusive Economic Zone’ means the waters of the 

18 Exclusive Economic Zone of the United States under 

19 Presidential Proclamation 5030, dated March 10, 

20 1983. 

21 ‘‘(11) PERSON.—The term ‘person’ means any 

22 individual, private or public corporation, partnership, 

23 trust, institution, association, or any other public or 

24 private entity, whether foreign or domestic, private 

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1 partment, agency, or instrumentality of the Federal 

2 Government, of any State or local unit of govern3 ment, or of any foreign government. 

4 ‘‘(12) RESPONSE COSTS.—The term ‘response 

5 costs’ means the costs of actions taken or authorized 

6 by the Secretary to minimize destruction or loss of, 

7 or injury to, a coral reef, or component thereof, or 

8 to minimize the imminent risks of such destruction, 

9 loss, or injury, including costs related to seizure, for10 feiture, storage, or disposal arising from liability 

11 under section 212. 213. 

12 ‘‘(13) SECRETARY.—The term ‘Secretary’ 

13 means— 

14 ‘‘(A) for purposes of sections 201 through 

15 210, sections 217 through 219, 211, sections 

16 218 through 220, and the other paragraphs of 

17 this section, the Secretary of Commerce, acting 

18 through the Administrator of the National Oce19 anic and Atmospheric Administration; and 

20 ‘‘(B) for purposes of sections 211 through 

21 219— 212 through 220— 

22 ‘‘(i) the Secretary of the Interior for 

23 any coral reef or component thereof located 

24 in (I) the National Wildlife Refuge System, 

25 (II) the National Park System, and (III) 


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1 the waters surrounding Wake Island under 

2 the jurisdiction of the Secretary of the In3 terior, as set forth in Executive Order 

4 11048 (27 Fed. Reg. 8851 (September 4, 

5 1962)); or 

6 ‘‘(ii) the Secretary of Commerce for 

7 any coral reef or component thereof located 

8 in any area not described in clause (i). 

9 ‘‘(14) SERVICE.—The term ‘service’ means 

10 functions, ecological or otherwise, performed by a 

11 coral reef or component thereof. 

12 ‘‘(15) STATE.—The term ‘State’ means any 

13 State of the United States that contains a coral reef 

14 ecosystem within its seaward boundaries, American 

15 Samoa, Guam, the Northern Mariana Islands, Puer16 to Rico, and the Virgin Islands, and any other terri17 tory or possession of the United States, or separate 

18 sovereign in free association with the United States, 

19 that contains a coral reef ecosystem within its sea20 ward boundaries. 

21 ‘‘(16) TERRITORIAL SEA.—The term ‘Terri22 torial Sea’ means the waters of the Territorial Sea 

23 of the United States under Presidential Proclama24 tion 5928, dated December 27, 1988.’’. 


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Calendar No. 620 

110TH CONGRESS 

2D SESSION S. 1580 

[Report No. 110

–276] 

A BILL 

To reauthorize the Coral Reef Conservation Act of 

2000, and for other purposes. 

MARCH 13, 2008 

Reported with amendments 


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