I 

108TH CONGRESS 

2D SESSION H. R. 4897

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

IN THE HOUSE OF REPRESENTATIVES 

JULY 22, 2004

Mr. GREENWOOD (for himself, Mr. PALLONE, Mr. SAXTON, Mr. WELDON of 

Pennsylvania, Mr. SHAYS, Mr. FARR, Mr. SANDERS, Mrs. CAPPS, Mr. 

GEORGE MILLER of California, Mr. CASE, Mr. HONDA, Mr. DOGGETT, 

Mr. GRIJALVA, Mr. VAN HOLLEN, Mr. MORAN of Virginia, Mr. WEXLER, 

Mr. ENGEL, Ms. WOOLSEY, Ms. BORDALLO, Mr. FALEOMAVAEGA, Ms. 

LORETTA SANCHEZ of California, Mr. KUCINICH, and Mr. GERLACH) introduced the following bill; which was referred to the Committee on Resources, and in addition to the Committee on Science, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To 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’’. 
2

•HR 4897 IH 

1 SEC. 2. FINDINGS. 

2 The Congress finds the following: 

3 (1) Ecosystem-based management of our ma4 rine environment has been recommended by numer5 ous reports and advisory bodies, including the Pew 

6 Oceans Commission and the United States Commis7 sion on Ocean Policy. On the subject of corals, in8 cluding deep sea corals, both commission reports 

9 recommended both the continued study and protec10 tion of coral ecosystems. 

11 (2) Complex seafloor habitats created by struc12 ture-forming organisms including deep sea corals 

13 and sponges are essential to numerous fish species, 

14 including commercially and recreationally targeted 

15 species, which rely on such complex habitats for 

16 spawning, food, and shelter from predation. For ex17 ample, more than 1,300 species live among lophelia 

18 coral reefs in the Northeastern Atlantic Ocean. 

19 (3) Deep sea corals typically exhibit slow 

20 growth, extreme longevity, and highly patchy dis21 tribution predominately along continental margins, 

22 seamounts, undersea canyons, and ridges. 

23 (4) Living organisms, such as deep sea corals 

24 and sponges, that create complex habitat have not 

25 been adequately studied for the potential benefit to 

26 society or for the ecological importance that such or-
3

•HR 4897 IH 

1 ganisms provide to fish species and other forms of 

2 marine life. 

3 (5) Some deep sea corals have a growth ring 

4 structure that provides a living record of changes in 

5 water temperature and other information that can 

6 be used to track global climate change over time. 

7 (6) Deep sea corals are a future source of new 

8 biomedical compounds for the pharmaceutical and 

9 biotechnical industries. 

10 (7) The exceptional diversity, uniqueness, and 

11 vulnerability of deep sea corals necessitates that the 

12 mapping and conservation of such species be given 

13 a high priority. 

14 (8) There is national and international recogni15 tion of the importance of deep sea coral habitats. 

16 The European Union, Australia, New Zealand, Can17 ada, and Norway have prohibited the use of fishing 

18 gear that employs mobile bottom-tending fishing 

19 gear in some areas where deep sea corals exist. Fur20 ther, several of the Councils have taken action to 

21 protect the fragile habitat of deep sea corals. 

22 (9) Deep sea coral habitats are subject to grow23 ing human pressures, particularly as a result of the 

24 rapid spread of deep sea mobile bottom-tending fish25 eries into new regions and new grounds, aided by 
4

•HR 4897 IH 

1 the development of navigational, fish-finding, and 

2 other technologies. 

3 (10) The National Research Council found that 

4 95 percent of the damage to deep sea corals is 

5 caused by bottom trawls. In the National Research 

6 Council 2002 report to the Congress on the effects 

7 of trawling and dredging on seafloor habitats, the 

8 National Research Council stated that we currently 

9 have enough information about the destruction of 

10 structured habitats caused by bottom trawling/

11 dredging and recommend for their immediate protec12 tion through the use of no bottom trawl/dredge 

13 zones. 

14 SEC. 3. POLICY. 

15 It is the policy of the United States to employ pre16 ventative and precautionary strategies to protect deep sea 

17 corals and sponges, including the protection of such orga18 nisms as are found in the continental margins, canyons, 

19 seamounts, and ridges of the world’s oceans, and the habi20 tats of such organisms from damage from gear and equip21 ment used in commercial fishing, particularly mobile bot22 tom-tending gear. 

23 SEC. 4. DEFINITIONS. 

24 In this Act: 
5

•HR 4897 IH 

1 (1) CORAL MANAGEMENT AREA.—The term 

2 ‘‘Coral Management Area’’ means an area des3 ignated as a Coral Management Area under section 

4 9. 

5 (2) CORAL STUDY AREA.—The term ‘‘Coral 

6 Study Area’’ means an area designated as a Coral 

7 Study Area under section 8. 

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

9 regional fishery management council established by 

10 section 302 of the Magnuson-Stevens Fishery Con11 servation and Management Act (16 U.S.C. 1852). 

12 (4) DEEP SEA CORAL AND SPONGE ECO13 SYSTEM.—The term ‘‘deep sea coral and sponge eco14 system’’ means a community of living deep sea coral 

15 or sponge species, the benthic and non-benthic spe16 cies associated with them, and the living and non17 living physical and chemical components that con18 stitute habitat for corals and sponges. 

19 (5) DEEP SEA CORALS.—The term ‘‘deep sea 

20 corals’’ means all species of the phylum Cnidaria in 

21 the orders Antipatharia (black corals), Scleractinia 

22 (stony corals), Gorgonacea (horny corals), 

23 Alcyonacea (soft corals), and Pennatulacea (sea 

24 pens) of the class Anthozoa, and in the order 

25 Hydrocorallina (hydrocorals) of the class Hydrozoa, 
6

•HR 4897 IH 

1 that occur at a depth of 50 meters or more and do 

2 not contain symbiotic algae. 

3 (6) DEEP SEA SPONGE.—The term ‘‘deep sea 

4 sponge’’ means any species of the phylum Porifera 

5 that occur at a depth of 50 meters or more. 

6 (7) EXCLUSIVE ECONOMIC ZONE.—The term 

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

8 that term in section 3 of the Magnuson-Stevens 

9 Fishery Conservation and Management Act (16 

10 U.S.C. 1802). 

11 (8) MOBILE BOTTOM-TENDING FISHING

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

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

14 contacts the seafloor while in use, including pelagic 

15 fishing gear that contacts the seafloor while in use, 

16 otter trawls, and scallop dredges. 

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

18 the Secretary of Commerce. 

19 SEC. 5. MAPPING AND RESEARCH. 

20 (a) REQUIREMENT FOR MAPPING AND RESEARCH.—

21 The Secretary shall direct the Under Secretary of Com22 merce for Oceans and Atmosphere to carry out a com23 prehensive program to explore, research, identify, and map 

24 deep sea corals and sponges, that—
7

•HR 4897 IH 

1 (1) includes an annual research strategy that 

2 compares areas open to mobile bottom-tending gear 

3 with areas designated as Coral Management Areas; 

4 and 

5 (2) prioritizes Coral Study Areas for evaluation 

6 to determine whether—

7 (A) their designation as such areas should 

8 be terminated; and 

9 (B) they should be designated as Coral 

10 Management Areas. 

11 (b) DESCRIPTION OF MAPPING AND RESEARCH.—

12 The comprehensive program carried out under subsection 

13 (a) shall include—

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

15 coral and sponge ecosystems; and 

16 (2) conducting research related to deep sea cor17 als and sponges and the habitats of deep sea corals 

18 and sponges, including—

19 (A) the natural history of such species; 

20 (B) taxonomic classification of such spe21 cies; 

22 (C) ecological role of such species; and 

23 (D) the benefits of such species and habi24 tats. 
8

•HR 4897 IH 

1 SEC. 6. DATA REVIEW AND RECOMMENDATIONS. 

2 (a) REQUIREMENT FOR REVIEW.—At least once 

3 every 2 calendar years, the Secretary shall appoint an ad4 visory panel from a list of names recommended by the 

5 Chair of the National Research Council to review all avail6 able data related to deep sea corals and deep sea sponges. 

7 Such data shall include—

8 (1) data related to the analysis of bycatch car9 ried out under section 8(a); 

10 (2) data related to the research carried out 

11 under section 5; and 

12 (3) data obtained from any Federal agency 

13 under subsection (b). 

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

15 any Federal agency that holds information related to the 

16 ocean floor, specifically including information related to 

17 the habitat of deep sea corals and deep sea sponges, shall, 

18 upon request, furnish such information to the Secretary 

19 who shall make it available to the Advisory Panel. 

20 (c) RECOMMENDATIONS.—

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

22 completing the annual review required by subsection 

23 (a), the advisory panel shall submit to the Secretary 

24 a recommendation that—
9

•HR 4897 IH 

1 (A) each area identified as a deep sea coral 

2 and sponge ecosystem in such annual review be 

3 designated as a Coral Management Area; and 

4 (B) any area containing a potential or ac5 tual deep sea coral and sponge ecosystem for 

6 which additional research is needed be des7 ignated as a Coral Study Area. 

8 (2) PUBLICATION.—The Secretary shall publish 

9 in the Federal Register a notice of availability of 

10 each recommendation submitted to the Secretary 

11 under paragraph (1). 

12 SEC. 7. PROHIBITION ON USE OF MOBILE BOTTOM-TEND13 ING FISHING GEAR IN CORAL STUDY AREAS 

14 AND CORAL MANAGEMENT AREAS. 

15 (a) CLOSURE UPON DESIGNATION.—The use of all 

16 mobile bottom-tending fishing gears is prohibited in any 

17 area designated as a Coral Study Area or a Coral Manage18 ment Area. 

19 (b) OTHER MEASURES NOT RESTRICTED.—Nothing 

20 in this Act shall restrict the ability of the Secretary of 

21 Commerce, acting on his or her own or with the advice 

22 of the appropriate Council, to promulgate stronger fishery 

23 or habitat protection measures, as authorized under other 

24 laws, within a Coral Study Area or Coral Management 

25 Area. 
10

•HR 4897 IH 

1 (c) SAVINGS CLAUSE.—All rules and regulations 

2 issued by the Secretary under the Magnuson-Stevens 

3 Fishery Management and Conservation Act pertaining to 

4 coral conservation, management, or protection shall con5 tinue to apply after the date of enactment of this Act until 

6 modified or rescinded by the Secretary pursuant to the 

7 requirements of this Act. 

8 SEC. 8. CORAL STUDY AREAS. 

9 (a) STUDY AREAS IDENTIFIED THROUGH FISHING

10 RECORDS.—The Secretary shall designate as a Coral 

11 Study Area any area that is located within the exclusive 

12 economic zone for which—

13 (1) records of commercial fishing trips main14 tained by the National Marine Fisheries Service 

15 demonstrate that the area has not been fished using 

16 mobile bottom-tending gear during the 3-year period 

17 ending prior to the enactment of this Act and for 

18 which records are available; or 

19 (2) there are no reliable records maintained by 

20 the National Marine Fisheries Service regarding 

21 such fishing, and that the Secretary determines is 

22 beyond the reasonable depth limits of mobile bottom23 tending fishing gear currently in use. 

24 (b) STUDY AREAS IDENTIFIED THROUGH BYCATCH

25 RECORDS, RESEARCH, OR MAPPING.—The Secretary shall 
11

•HR 4897 IH 

1 review on a continuing basis bycatch records, research, 

2 mapping, and survey data obtained from areas of the Ex3 clusive Economic Zone open to fishing with commercial 

4 mobile bottom-tending gear to determine if these data in5 dicate the actual or potential presence of a deep sea coral 

6 and sponge ecosystem. If the Secretary determines that 

7 the data indicate the actual or potential presence of a deep 

8 sea coral and sponge ecosystem, the Secretary shall des9 ignate the area as a Coral Study Area. The designation 

10 shall expire upon decision by the Secretary to terminate 

11 the designation pursuant to subsection (d) of this section. 

12 (c) STUDY AREAS RECOMMENDED BY THE ADVISORY

13 PANEL.—

14 (1) PROPOSED RULE.—Not later than 30 days 

15 after receiving a recommendation pursuant to sec16 tion 6(c)(1)(B), the Secretary shall publish in the 

17 Federal Register a proposed rule to designate any 

18 recommended area as a Coral Study Area. 

19 (2) COMMENT PERIOD.—The Secretary shall 

20 accept comments on any proposed rule published 

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

22 the publication of such proposed rule. 

23 (3) FINAL DETERMINATION.—Not later than 

24 120 days after the publication of such proposed rule, 

25 the Secretary shall designate the area recommended 
12

•HR 4897 IH 

1 under section 6(c)(1)(B) as a Coral Study Area un2 less the Secretary finds no rational basis for the rec3 ommendation. 

4 (d) TERMINATION OF STUDY AREA DESIGNATION.—

5 The Secretary, sua sponte or upon recommendation of the 

6 Council having advisory duties for the fisheries of the 

7 area, may determine that an area or part of an area that 

8 is designated as a Coral Study Area pursuant to sub9 sections (a), (b), or (c) shall no longer be designated as 

10 a Coral Study Area, if the area is—

11 (1) designated as a Coral Management Area 

12 pursuant to section 9; or 

13 (2) does not warrant designation as a Coral 

14 Management Area pursuant to the criteria in sub15 section 9(b) and is reopened to mobile bottom-tend16 ing fishing gears, unless the use of mobile bottom17 tending fishing gear in such area is prohibited by 

18 any other provision of law. 

19 SEC. 9. CORAL MANAGEMENT AREAS. 

20 (a) INITIAL DESIGNATIONS.—Each area bounded by 

21 the following coordinates is designated as a Coral Manage22 ment Area: 

23 (1) ALASKA DEEP SEA CORAL GARDENS.—

24 (A) Adak Canyon 51°38′59′′ N. x 

25 177°03′00′′ W., 51°38′59′′ N. x 177°00′00′′
13

•HR 4897 IH 

1 W., 51°30′00′′ N. x 177°00′00′′ W., 51°30′00′′

2 N. x 177°03′00′′ W. 

3 (B) Bobrof Island 51°57′36′′ N. x 

4 177°29′24′′ W., 51°57′36′′ N. x 177°19′48′′

5 W., 51°51′35′′ N. x 177°19′48′′ W., 51°51′35′′

6 N. x 177°29′24′′ W. 

7 (C) Cape Moffet 51°55′47′′ N. x 

8 176°52′47′′ W., 51°55′47′′ N. x 176°48′36′′

9 W., 51°58′11′′ N. x 176°46′48′′ W., 52°00′00′′

10 N. x 176°46′48′′ W., 52°00′00′′ N. x 

11 176°52′47′′ W. 

12 (D) Great Sitkin 52°09′35′′ N. x 

13 176°12′36′′ W., 52°09′35′′ N. x 176°05′59′′

14 W., 52°06′35′′ N. x 176°05′59′′ W., 52°04′47′′

15 N. x 176°12′36′′ W. 

16 (E) Semisopochnoi Island 51°53′24′′ N. x 

17 179°53′23′′ W., 51°53′24′′ N. x 179°46′48′′

18 W., 51°48′36′′ N. x 179°46′48′′ W., 51°48′36′′

19 N. x 179°53′23′′ W. 

20 (F) Ulak Island 51°22′11′′ N. x 

21 178°58′47′′ W., 51°25′47′′ N. x 179°05′59′′

22 W., 51°22′11′′ N. x 179°05′59′′ W., 51°25′47′′

23 N. x 178°58′47′′ W. 
14

•HR 4897 IH 

1 (2) OCEANOGRAPHER CANYON.—40°30′ N. x 

2 68°11′ W., 40°10′ N. x 68°10′ W., and 40°10′ N. 

3 x 68°00′ W. 

4 (3) LYDONIA CANYON.—40°36′ N. x 67°45′ W., 

5 40°15′ N. x 67°45′ W., and 40°15′ N. x 67°35′ W. 

6 (4) OCULINA REEFS.—

7 (A) 27°30′ N. x 80° W., 28°30′ N. x 80°

8 W., and the 183-meter contour. 

9 (B) 28°30′ N. x 80° W., 28°30′ N. x 

10 80°03′ W., 28°29′ N. x 80° W., and 28°29′ N. 

11 x 80°03′ W. 

12 (C) 28°17′ N. x 80° W., 28°16′ N. x 80°

13 W., 28°17′ N. x 80°03′ W., and 28°16′ N. x 

14 80°03′ W. 

15 (5) LOPHELIA/ENALLOPSAMMIA HABITAT.—

16 (A) Northern Lophelia Banks 34°23′30′′

17 N. x 75°45′ W., 34°13′30′′ N. x 75°57′ W., 

18 34°19′30′′ N. x 75°41′30′′ W., 34°9′ N. x 

19 75°53′ W. 

20 (B) Southern Lophelia Banks 33°40′ N. x 

21 76°29′ W., 33°36′ N. x 76°34′ W., 33°34′ N. 

22 x 76°23′ W., 33°29′ N. x 76°28′ W. 

23 (C) Stetson Area 32°8′ N. x 77°42′30′′

24 W., 31°42′30′′ N. x 77°42′30′′ W., 32°8′ N. x 

25 77°17′ W., 31°42′30′′ N. x 77°17′ W. 
15

•HR 4897 IH 

1 (D) 30°53′ N. x 79°41′30′′ W., 30°48′30′′

2 N. x 79°32′ W., 30°16′45′′ N. x 79°18′20′′ W., 

3 30°10′30′′ N. x 79°46′15′′ W., 30°22′ N. x 

4 79°56′30′′ W. 

5 (E) 29°55′ N. x 79°39′ W., 30°5′ N. x 

6 78°40′ W., 29°8′ N. x 79°45′ W., 28°50′ N. x 

7 79°38′ W., 28°55′ N. x 79°2′ W. 

8 (F) 28°50′ N. x 79°38′ W., 28°9′ N. x 

9 79°6′ W., 27°27′ N. x 79°29′50′′ W., 

10 27°57′30′′ N. x 79°32′30′′ W., 27°57′30′′ N. x 

11 79°45′ W., 28°7′30′′ N. x 79°45′ W., 28°7′30′′

12 N. x 79°40′ W. 

13 (G) 27°19′ N. x 79°31′ W., 27° N. x 

14 79°32′ W., 27° N. x 79°22′ W. 

15 (6) BEAR SEAMOUNT.—39°52′ N. x 67°30′ W., 

16 39°58′ N. x 67°30′ W., 39°58′ N. x 67°50′ W., and 

17 39°52′ N. x 67°50′ W. 

18 (b) AREAS IDENTIFIED FROM RESEARCH ON CORAL

19 STUDY AREAS.—The Secretary shall designate as a Coral 

20 Management Area all or any part of a Coral Study Area 

21 if—

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

23 of deep sea corals and deep sea sponges; 

24 (2) there is a deep sea coral and sponge eco25 system present in the area; and 
16

•HR 4897 IH 

1 (3) the Secretary determines that the use of 

2 mobile bottom-tending fishing gear in such area 

3 would cause more than minimal and temporary dam4 age to deep sea corals or deep sea sponges located 

5 in such area. 

6 (c) AREAS RECOMMENDED BY THE ADVISORY

7 PANEL.—

8 (1) PROPOSED RULE.—Not later than 30 days 

9 after receiving a recommendation pursuant to sec10 tion 6(c)(1)(A), the Secretary shall publish in the 

11 Federal Register a proposed rule to designate any 

12 recommended area as a Coral Management Area. 

13 (2) COMMENT PERIOD.—The Secretary shall 

14 accept comments on any proposed rule published 

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

16 the publication of such proposed rule. 

17 (3) FINAL DETERMINATION.—Not later than 

18 120 days after the publication of such proposed rule, 

19 the Secretary shall designate the area recommended 

20 under section 6(c)(1)(A) as a Coral Management 

21 Area unless the Secretary finds no rational basis for 

22 the recommendation. 

23 SEC. 10. PENALTIES AND ENFORCEMENT. 

24 (a) CIVIL PENALTIES.—The civil penalties set forth 

25 in section 308 of the Magnuson-Stevens Fishery Conserva-
17

•HR 4897 IH 

1 tion and Management Act (16 U.S.C. 1858) shall apply 

2 to a person who is found by the Secretary, after notice 

3 and an opportunity for a hearing in accordance with sec4 tion 554 of title 5, United States Code, to have violated 

5 the prohibitions in section 7. 

6 (b) CRIMINAL OFFENSES.—

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

8 person—

9 (A) to refuse to permit any officer author10 ized to enforce the provisions of this Act (as 

11 provided for in subsection (d)) to board a fish12 ing vessel subject to such person’s control for 

13 purposes of conducting any search or inspection 

14 in connection with the enforcement of this Act 

15 or any regulation issued pursuant to this Act; 

16 (B) to forcibly assault, resist, oppose, im17 pede, intimidate, or interfere with any such au18 thorized officer in the conduct of any search or 

19 inspection described in subparagraph (A); 

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

21 prohibited by this Act; 

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

23 any means, the apprehension or arrest of an24 other person, knowing that such other person 

25 has committed any act prohibited by this Act; 
18

•HR 4897 IH 

1 (E) to knowingly and willfully submit to a 

2 Council, the Secretary, or the Advisory Panel 

3 false information regarding any matter that the 

4 Council, Secretary, or Advisory Panel is consid5 ering in the course of carrying out this Act; or 

6 (F) to forcibly assault, resist, oppose, im7 pede, intimidate, sexually harass, bribe, or 

8 interfere with any observer on a vessel under 

9 this Act, or any data collector employed by the 

10 National Marine Fisheries Service or under 

11 contract to any person to carry out responsibil12 ities under this Act. 

13 (2) PUNISHMENT.—A person is guilty of an of14 fense if such person commits any act prohibited by 

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

16 punishments set forth in section 309(b) of the Mag17 nuson-Stevens Fishery Conservation and Manage18 ment Act (16 U.S.C. 1859(b)). 

19 (c) CIVIL FORFEITURES.—Any fishing vessel (includ20 ing its fishing gear, furniture, appurtenances, stores, and 

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

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

23 as a result of the commission of a violation of the prohibi24 tions in section 7 (other than such a violation for which 

25 the issuance of a citation is sufficient sanction) shall be 
19

•HR 4897 IH 

1 subject to the civil forfeiture provisions set out in section 

2 310 of the Magnuson-Stevens Fishery Conservation and 

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

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

5 be enforced by the officers responsible for the enforcement 

6 of the Magnuson-Stevens Fishery Conservation and Man7 agement Act as provided for in subsection (a) of section 

8 311 of the Magnuson-Stevens Fishery Conservation and 

9 Management Act (16 U.S.C. 1861). Such officers shall 

10 have the powers and authorities to enforce this Act as are 

11 provided in such section. 

12 SEC. 11. INTERNATIONAL PROTECTIONS FOR DEEP SEA 

13 CORALS AND SPONGES. 

14 The President is encouraged to work with appro15 priate foreign entities to develop the data necessary to 

16 identify areas located within international waters that 

17 would benefit from additional protection for deep sea cor18 als and sponges. 

19 SEC. 12. REPORTS. 

20 (a) REPORT TO CONGRESS.—

21 (1) REPORT REQUIREMENT.—On the date that 

22 is 3 years after the date of enactment of this Act, 

23 and every 3 years thereafter, the Secretary shall 

24 submit to the Congress a report on the activities un25 dertaken to carry out this Act. 
20

•HR 4897 IH 

1 (2) CONTENT.—Each report required by this 

2 subsection shall include a description of—

3 (A) the activities carried out to protect and 

4 monitor deep sea corals and deep sea sponges; 

5 (B) any area designated as either a Coral 

6 Study Area pursuant to section 8 or a Coral 

7 Management Area pursuant to section 9; 

8 (C) any area the designation of which as a 

9 Coral Study Area is terminated and that is 

10 opened to mobile bottom-tending fishing pursu11 ant to subsection 8(d); 

12 (D) a summary of any bycatch or other 

13 data that indicates the actual or potential pres14 ence of a deep sea coral and sponge ecosystem; 

15 and 

16 (E) a summary of the research strategy 

17 created pursuant to section 5. 

18 (b) PUBLISHED REPORT.—

19 (1) REPORT REQUIREMENT.—At least every 2 

20 years the Secretary shall prepare and publish a re21 port that—

22 (A) provides a description of any area that 

23 the Secretary—

24 (i) has designated as a Coral Study 

25 Area under section 8; 
21

•HR 4897 IH 

1 (ii) has designated as a Coral Man2 agement Area under section 9; or 

3 (iii) has determined shall no longer be 

4 designated as a Coral Study Area under 

5 section 8(c); 

6 (B) summarizes any bycatch data that in7 dicated the presence of a deep sea coral and 

8 sponge ecosystem; and 

9 (C) summarizes the research strategy cre10 ated pursuant to section 5. 

11 (2) NOTICE.—The Secretary shall publish in 

12 the Federal Register a notice of availability of each 

13 report required by this subsection. 

14 SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 

15 There is authorized to be appropriated to the Sec16 retary to carry out this Act $50,000,000 for each of fiscal 

17 years 2005 through 2009.

Æ