II 

108TH CONGRESS 

1ST SESSION S. 1953

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

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 25, 2003

Mr. LAUTENBERG introduced the following bill; which was read twice and 

referred to the Committee on Commerce, Science, and Transportation 

A BILL

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 ‘‘Deep Sea Coral Protec5 tion Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Complex seafloor habitats created by struc9 ture-forming organisms including deep sea corals 

10 and sponges are essential to numerous fish species, 

11 including commercially and recreationally targeted 
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1 species, which rely on such complex habitats for 

2 spawning, food, and shelter from predation. For ex3 ample, more than 1,300 species live among lophelia 

4 coral reefs in the Northeastern Atlantic Ocean. 

5 (2) Deep sea corals typically exhibit slow 

6 growth, extreme longevity, and highly patchy dis7 tribution, predominately along continental margins, 

8 seamounts, undersea canyons, and ridges. 

9 (3) Living organisms, such as deep sea corals 

10 and sponges, that create complex habitat have not 

11 been adequately studied for the potential benefit to 

12 society or for the ecological importance that such or13 ganisms provide to fish species and other forms of 

14 marine life. 

15 (4) Some deep sea corals have a growth ring 

16 structure that provides a living record of changes in 

17 water temperature and other information that can 

18 be used to track global climate change over time. 

19 (5) Deep sea corals are a future source of new 

20 biomedical compounds for the pharmaceutical and 

21 biotechnical industries. 

22 (6) The exceptional diversity, uniqueness, and 

23 vulnerability of deep sea corals necessitates that the 

24 mapping and conservation of such species be given 

25 a high priority. 
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1 (7) There is national and international recogni2 tion of the importance of deep sea coral habitats. 

3 The European Union, New Zealand, Canada, and 

4 Norway have prohibited the use of fishing gear that 

5 employs mobile bottom-tending fishing gear in some 

6 areas where deep sea coral exist. Further, several of 

7 the Councils have taken action to protect the fragile 

8 habitat of deep sea corals. 

9 (8) Deep sea coral habitats are subject to grow10 ing human pressures, particularly as a result of the 

11 rapid spread of deep sea trawl fisheries into new re12 gions and new grounds, aided by the development of 

13 navigational, fish-finding, and other technologies. 

14 SEC. 3. POLICY. 

15 It is the policy of the United States to protect deep 

16 sea corals and sponges, including protecting such orga17 nisms that are found in the continental margins, canyons, 

18 seamounts, and ridges of the world’s oceans, and the habi19 tats of such organisms from damage from gear and equip20 ment used in commercial fishing, particularly mobile bot21 tom-tending gear. 

22 SEC. 4. DEFINITIONS. 

23 In this Act: 

24 (1) CORAL MANAGEMENT AREA.—The term 

25 ‘‘Coral Management Area’’ means an area des-
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1 ignated as a Coral Management Area under this 

2 Act. 

3 (2) COUNCIL.—The term ‘‘Council’’, unless oth4 erwise specified, means 1 of the Regional Fishery 

5 Management Councils established by section 302 of 

6 the Magnuson-Stevens Fishery Conservation and 

7 Management Act (16 U.S.C. 1852). 

8 (3) DEEP SEA CORAL ECOSYSTEM.—The term 

9 ‘‘deep sea coral ecosystem’’ means living species of 

10 deep sea corals and sponges, consisting of both reef11 like structures or thickets, and other species of orga12 nisms associated with the deep sea coral habitats, 

13 and the nonliving environmental factors that affect 

14 species of deep sea corals and sponges, that together 

15 function as an ecological unit in nature. 

16 (4) DEEP SEA CORALS AND SPONGES.—The 

17 term ‘‘deep sea corals and sponges’’ means the spe18 cies—

19 (A)(i) in the family Stylasteriidae that are 

20 without symbiotic algae; 

21 (ii) in the phylum Cnidaria and in—

22 (I) the subclass Octocorallia, other 

23 than in the order Pennatulacea; or 
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1 (II) the subclass Hexacorallia, includ2 ing the orders Scleractinia, 

3 Corallimorpharia, and Antipatharia; or 

4 (iii) in the phylum Porifera that are 

5 sponges; and 

6 (B)(i) that occur in regions of the exclusive 

7 economic zone that are not subject to the juris8 diction of a Council that is the—

9 (I) South Atlantic Fishery Manage10 ment Council; 

11 (II) Gulf of Mexico Fishery Manage12 ment Council; 

13 (III) Western Pacific Fishery Man14 agement Council; or 

15 (IV) Caribbean Fishery Management 

16 Council; or 

17 (ii) that occur at depths of at least 50 me18 ters in regions of the exclusive economic zone 

19 that are subject to the jurisdiction of a Council 

20 that is the—

21 (I) South Atlantic Fishery Manage22 ment Council; 

23 (II) Gulf of Mexico Fishery Manage24 ment Council; 
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1 (III) Western Pacific Fishery Man2 agement Council; and 

3 (IV) Caribbean Fishery Management 

4 Council. 

5 (5) EXCLUSIVE ECONOMIC ZONE.—The term 

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

7 that term in section 3 of the of the Magnuson-Ste8 vens Fishery Conservation and Management Act (16 

9 U.S.C. 1802). 

10 (6) MOBILE BOTTOM-TENDING FISHING

11 GEAR.—The term ‘‘mobile bottom-tending fishing 

12 gear’’ means any fishing gear that uses a piece of 

13 gear that drags along the ocean floor, including 

14 dredges, beam or otter trawls, or pelagic trawls that 

15 contact the ocean floor. 

16 (7) SECRETARY.—The term ‘‘Secretary’’ means 

17 the Secretary of Commerce. 

18 SEC. 5. PROHIBITION ON THE USE OF MOBILE BOTTOM19 TENDING FISHING GEAR IN CORAL MANAGE20 MENT AREAS. 

21 Mobile bottom-tending fishing gear may not be used 

22 in any area designated as a Coral Management Area. 

23 SEC. 6. CORAL MANAGEMENT AREAS. 

24 (a) INITIAL DESIGNATIONS.—
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1 (1) ALASKA DEEP SEA GARDENS.—Each area 

2 bounded by a circle with a radius of 3 nautical miles 

3 and a center at each of following points is des4 ignated as a Coral Management Area: 

5 (A) 51°58′13′′ N. x 176°49′53′′ W. 

6 (B) 51°54′25′′ N. x 177°24′35′′ W. 

7 (C) 51°50′53′′ N. x 179°49′54′′ W. 

8 (D) 51°24′02′′ N. x 179°01′38′′ W. 

9 (E) 51°50′45′′ N. x 179°49′28′′ W. 

10 (2) OTHER DESIGNATIONS.—Each area bound11 ed by the following coordinates is designated as a 

12 Coral Management Area: 

13 (A) OCEANOGRAPHER CANYON.—40°30′ N. 

14 x 68°11′ W., 40°10′ N. x 68°10′ W., and 

15 40°10′ N. x 68°00′ W. 

16 (B) LYDONIA CANYON.—40°36′ N. x 

17 67°45′ W., 40°15′ N. x 67°45′ W., and 40°15′

18 N. x 67°35′ W. 

19 (C) OCULINA REEFS.—

20 (i) 27°30′ N. x 80° W., 28°30′ N. x 

21 80° W., and the 183 meter contour. 

22 (ii) 28°30′ N. x 80° W., 28°30′ N. x 

23 80°03′ W., 28°29′ N. x 80° W., and 

24 28°29′ N. x 80°03′ W. 
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1 (iii) 28°17′ N. x 80° W., 28°16′ N. x 

2 80° W., 28°17′ N. x 80°03′ W., and 

3 28°16′ N. x 80°03′ W. 

4 (D) LOPHELIA/ENALLOPSAMMIA REEFS.—

5 (i) 31° N. x 79°50′ W., 31° N. x 

6 79°30′ W., 30°20′ N. x 80°10′ W., and 

7 30°20′ N. x 79°30′ W. 

8 (ii) 30°20′ N. x 80°10′ W., 30°20′ N. 

9 x 79°30′ W., 29°00′ N. x 79°45′ W., and 

10 29° N. x 79°30′ W. 

11 (iii) 29° N. x 79°45′ W., 29° N. x 

12 79°30′ W., 28° N. x 79°45′ W., and 28°

13 N. x 79°30′ W. 

14 (iv) 31°55′ N. x 79°20′ W., 31°55′ N. 

15 x 79° W., 31°35′ N. x 79°25′ W., and 

16 31°35′ N. by 79° W. 

17 (v) 32°12′ N. x 77°45′ W., 32°12′ N. 

18 x 77°20′ W., 31°30′ N. x 77°45′ W., and 

19 31°30′ N. x 77°20′ W. 

20 (vi) 32° N. x 77°10′ W., 32° N. x 

21 77°10′ W., 31°48′ N. x 77°20′ W., and 

22 31°48′ N. x 77°10′ W. 

23 (E) BEAR SEAMOUNT.—39°52′ N. x 

24 67°30′ W., 39°58′ N. x 67°50′ W., 39°58′ N. 

25 x 67°50′ W., and 39°52′ N. x 67°50′ W. 
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1 (b) AREAS IDENTIFIED THROUGH FISHING

2 RECORDS.—The Secretary shall designate as a Coral 

3 Management Area any area that is located within the ex4 clusive economic zone for which records of commercial 

5 fishing trips maintained by the National Marine Fisheries 

6 Service do not demonstrate that the area has been fished 

7 using mobile bottom-tending gear during the 3-year period 

8 ending on November 1, 2003. 

9 (c) TERMINATION OF DESIGNATION.—

10 (1) IN GENERAL.—The Secretary may deter11 mine that an area or part of an area that is des12 ignated as a Coral Management Area pursuant to 

13 subsection (b) shall no longer be designated as a 

14 Coral Management Area if—

15 (A) the deep sea corals and sponges in 

16 such area have been mapped by the National 

17 Oceanic and Atmospheric Administration; 

18 (B) a Council recommends to the Secretary 

19 that such area no longer be designated as a 

20 Coral Management Area; 

21 (C) the Secretary determines that the use 

22 of mobile bottom-tending fishing gear in such 

23 area would cause only minimal and temporary 

24 damage to deep sea corals and sponges located 

25 in such area; and 
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1 (D) the use of mobile bottom-tending fish2 ing gear in such area is not prohibited by any 

3 other provision of law. 

4 (d) PUBLICATION.—The Secretary shall publish 

5 in the Federal Register a description of any area 

6 that the Secretary—

7 (A) designates as a Coral Management 

8 Area under this Act; or 

9 (B) determines shall no longer be des10 ignated as a Coral Management Area under 

11 subsection (c). 

12 SEC. 7. MONITORING OF CORAL BYCATCH. 

13 (a) REQUIREMENT FOR MONITORING.—The Sec14 retary shall monitor fishing within the exclusive economic 

15 zone in a manner that is adequate to identify the quantity 

16 of all deep sea coral and sponge bycatch caught and the 

17 location in which the bycatch was caught. The monitoring 

18 shall include—

19 (1) evaluating bycatch data; and 

20 (2) identifying areas in which the rate of by21 catch of deep sea corals and sponges indicate the 

22 presence of a deep sea coral ecosystem. 

23 (b) CORAL MANAGEMENT AREA.—Not later than 60 

24 days after identifying an area described in subsection 
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1 (a)(2), the Secretary shall designate such area as a Coral 

2 Management Area. 

3 (c) REPORT.—

4 (1) REQUIREMENT.—Not less frequently than 

5 once each calendar year, the Secretary shall prepare 

6 a report that summarizes the data collected during 

7 the monitoring carried out under this section. The 

8 report shall include a description of any area that 

9 the Secretary designates as a Coral Management 

10 Area pursuant to subsection (b). 

11 (2) PUBLICATION.—Notice of the availability of 

12 each report required by paragraph (1) shall be pub13 lished in the Federal Register. 

14 SEC. 8. RESEARCH. 

15 (a) REQUIREMENT FOR RESEARCH.—The Secretary 

16 shall direct the Under Secretary for Oceans and Atmos17 phere to carry out a comprehensive program to explore, 

18 research, identify, and map deep sea corals and sponges 

19 that includes an annual research strategy that compares 

20 areas open to mobile bottom-tending gear with areas des21 ignated as Coral Management Areas. 

22 (b) DESCRIPTION OF RESEARCH.—The comprehen23 sive program described in subsection (a) shall include—

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

25 coral ecosystems; and 
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1 (2) conducting research related to deep sea cor2 als and sponges and the habitats of deep sea corals 

3 and sponges, including—

4 (A) the natural history; 

5 (B) taxonomic classification; 

6 (C) ecological role; and 

7 (D) the benefits of such species and habi8 tats. 

9 (c) CORAL MANAGEMENT AREA.—Not later than 60 

10 days after the date on which the Secretary determines that 

11 an area has a deep sea coral ecosystem based on the re12 search conducted under this section, the Secretary shall 

13 designate such area as a Coral Management Area. 

14 (d) REPORT.—

15 (1) REQUIREMENT FOR REPORT.—Not less fre16 quently than once each calendar year, the Secretary 

17 shall prepare a report that summarizes the annual 

18 research strategy the findings of the program car19 ried out under this subsection. The report shall in20 clude a description of any area that the Secretary 

21 designates as a Coral Management Area pursuant to 

22 subsection (c). 

23 (2) PUBLICATION.—Notice of the availability of 

24 each report required by paragraph (1) shall be pub25 lished in the Federal Register.
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1 SEC. 9. ANNUAL DATA REVIEW. 

2 (a) REQUIREMENT FOR ANNUAL REVIEW.—Not less 

3 frequently than once each calendar year, the Chair of the 

4 National Research Council shall review all available data 

5 related to deep sea corals and sponges. Such data shall 

6 include data—

7 (1) related to the monitoring carried out under 

8 section 7; 

9 (2) related to the research carried out under 

10 section 8; and 

11 (3) obtained from any Federal agency under 

12 subsection (b). 

13 (b) DATA FROM FEDERAL ENTITIES.—The head of 

14 any Federal agency that holds information related to the 

15 ocean floor, including information related to the habit of 

16 deep sea corals and sponges, shall, upon request, furnish 

17 such information to the Chair of the National Research 

18 Council. 

19 (c) RECOMMENDATIONS.—

20 (1) IN GENERAL.—Not later than 30 days after 

21 completing the annual review required by subsection 

22 (a), the Chair of the National Research Council shall 

23 submit to the Secretary a recommendation that any 

24 area identified as a deep sea coral ecosystem in such 

25 annual review be designated as a Coral Management 

26 Area. 
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1 (2) PUBLICATION.—Notice of the availability of 

2 each recommendation submitted to the Secretary 

3 under paragraph (1) shall be published in the Fed4 eral Register. 

5 (d) REVIEW OF RECOMMENDATIONS.—

6 (1) PROPOSED RULE.—Not later than 10 days 

7 after receiving a recommendation pursuant to sub8 section (c)(1), the Secretary shall publish in the 

9 Federal Register a proposed rule to designate any 

10 recommended area as a Coral Management Area. 

11 (2) COMMENT PERIOD.—The Secretary shall 

12 accept comments on any proposed rule published 

13 under paragraph (1) for 30 days after the date of 

14 the publication of such proposed rule. 

15 (3) FINAL DETERMINATION.—Not later than 60 

16 days after the publication of such proposed rule, the 

17 Secretary shall designate the area recommended 

18 under subsection (c)(1) as a Coral Management 

19 Area unless the Secretary finds no rational basis for 

20 the recommendation. 

21 SEC. 10. PENALTIES AND ENFORCEMENT. 

22 (a) CIVIL PENALTIES.—The civil penalties set out in 

23 section 308 of the Magnuson-Stevens Fishery Conserva24 tion and Management Act (16 U.S.C. 1858) shall apply 
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1 to a person who is found by the Secretary to have violated 

2 the prohibition in section 5. 

3 (b) CRIMINAL OFFENSES.—

4 (1) PROHIBITED ACTS.—It is unlawful for any 

5 person—

6 (A) to refuse to permit any officer author7 ized to enforce the provisions of this Act (as 

8 provided for in subsection (d)) to board a fish9 ing vessel subject to such person’s control for 

10 purposes of conducting any search or inspection 

11 in connection with the enforcement of this Act 

12 or any regulation, permit, or agreement issued 

13 pursuant to this Act; 

14 (B) to forcibly assault, resist, oppose, im15 pede, intimidate, or interfere with any such au16 thorized officer in the conduct of any search or 

17 inspection described in subparagraph (A); 

18 (C) to resist a lawful arrest for any act 

19 prohibited by this Act; 

20 (D) to interfere with, delay, or prevent, by 

21 any means, the apprehension or arrest of an22 other person, knowing that such other person 

23 has committed any act prohibited by this Act; 

24 (E) to knowingly and willfully submit to a 

25 Council, the Secretary, or the Governor of a 
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1 State false information regarding any matter 

2 that the Council, Secretary, or Governor is con3 sidering in the course of carrying out this Act; 

4 or 

5 (F) to forcibly assault, resist, oppose, im6 pede, intimidate, sexually harass, bribe, or 

7 interfere with any observer on a vessel under 

8 this Act, or any data collector employed by the 

9 National Marine Fisheries Service or under 

10 contract to any person to carry out responsibil11 ities under this Act. 

12 (2) PUNISHMENT.—A person is guilty of an of13 fense if such person commits any act prohibited by 

14 paragraph (1). Such offense is punishable by the 

15 punishments set out in section 309(b) of the Magnu16 son-Stevens Fishery Conservation and Management 

17 Act (16 U.S.C. 1859(b)). 

18 (c) CIVIL FORFEITURES.—Any fishing vessel (includ19 ing its fishing gear, furniture, appurtenances, stores, and 

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

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

22 as a result of the commission of a violation of the prohibi23 tion in section 5 (other than such a violation for which 

24 the issuance of a citation is sufficient sanction) shall be 

25 subject to the civil forfeiture provisions set out in section 
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1 310 of the Magnuson-Stevens Fishery Conservation and 

2 Management Act (16 U.S.C. 1860). 

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

4 be enforced by the officers responsible for the enforcement 

5 the Magnuson-Stevens Fishery Conservation and Manage6 ment Act as provided for in subsection (a) of section 311 

7 of the Magnuson-Stevens Fishery Conservation and Man8 agement Act (16 U.S.C. 1861). Such officers shall have 

9 the powers and authorities to enforce this Act as are pro10 vided in such section. 

11 SEC. 11. INTERNATIONAL PROTECTIONS FOR DEEP SEA 

12 CORALS AND SPONGES. 

13 The President is authorized to permit the Secretary, 

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

15 appropriate foreign entities to develop the data necessary 

16 to identify areas located in international waters that would 

17 benefit from additional protection for deep sea corals and 

18 sponges. 

19 SEC. 12. REPORT TO CONGRESS. 

20 (a) REQUIREMENT.—On the date that is 3 years 

21 after the date of enactment of this Act, and every 3 years 

22 thereafter, the Secretary shall submit to Congress a report 

23 on the activities undertaken to carry out the provisions 

24 of this Act. 
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1 (b) CONTENT.—The reports required by subsection 

2 (a) shall include a description of—

3 (1) the activities carried out to protect and 

4 monitor deep sea corals and sponges; and 

5 (2) any area designated as a Coral Management 

6 Area. 

7 SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 

8 There is authorized to be appropriated $50,000,000 

9 for each fiscal year to carry out the provisions of this Act.

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