I 

108TH CONGRESS 

2D SESSION H. R. 4928

To prohibit the import, export, and take of certain coral reef species, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 22, 2004

Mr. CASE introduced the following bill; which was referred to the Committee 

on Resources, and in addition to the Committees on Ways and Means and 

International Relations, 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 prohibit the import, export, and take of certain coral 

reef species, 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 ‘‘Coral Reef Conserva5 tion and Protection Act of 2004’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) Coral reefs and coral reef ecosystems are 

9 the marine equivalent of tropical rain forests, con-
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1 taining some of the richest biological diversity, habi2 tats, and systems on Earth and supporting thou3 sands of fish, invertebrates, algae, plankton, sea 

4 grasses, and other species. 

5 (2) Coral reefs and coral reef ecosystems have 

6 great commercial, recreational, cultural, and aes7 thetic value to human communities as shoreline pro8 tection, areas of natural beauty, and sources of food, 

9 jobs, and pharmaceuticals, and are the focus of a 

10 wide variety of activities, including education, re11 search, recreation, tourism, and fishing. 

12 (3) Studies indicate that coral reef ecosystems 

13 in the United States and around the world are being 

14 degraded and severely threatened by human activi15 ties including land-based pollution, overfishing, de16 structive fishing practices, coastal development, ves17 sel groundings, and climate change. 

18 (4) Executive Order 13089 created the United 

19 States Coral Reef Task Force, which is chaired by 

20 the Secretary of the Interior and the Secretary of 

21 Commerce, to develop measures necessary to reduce 

22 and mitigate coral reef ecosystem degradation and to 

23 restore damaged coral reefs, assess the United 

24 States’ role in international trade and protection of 

25 coral reef species, and implement appropriate strate-
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1 gies and actions to promote conservation and sus2 tainable use of coral reef resources. 

3 (5) International trade in coral, other reef in4 vertebrates, reef fish, live rock, and other coral prod5 ucts contributes to the decline and degradation of 

6 reefs, primarily through the use of destructive collec7 tion practices, overexploitation of resources, loss of 

8 reef habitat, and introduction of non-indigenous spe9 cies, invasive species, and pathogens. 

10 (6) The United States is the largest importer of 

11 live coral, live rock, and marine fish for the aquar12 ium trade and of coral skeletons and precious corals 

13 for souvenirs and jewelry. 

14 (7) The harvest of live coral and wild live rock 

15 is of special concern because it removes essential 

16 components of reef habitats, increases erosion, and 

17 damages critical fisheries habitats. 

18 (8) More than half of the fish imported into the 

19 United States for the marine aquarium market are 

20 estimated to be captured with the use of cyanide and 

21 other poisons which kill other coral reef species and 

22 the corals that form the reef framework, and these 

23 destructive fishing practices are becoming increas24 ingly common in other countries to meet the growing 
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1 worldwide demand for ornamental fish and live food 

2 fish. 

(9) As many as 1⁄3 to 1 3 ⁄2 of the aquarium fish 

4 imported from Southeast Asia die shortly after arriv5 ing in the United States due to stress associated 

6 with handling and transport and the use of cyanide 

7 during capture, and such high mortality rates lead 

8 to continued pressure for extraction from the wild to 

9 maintain public and private collections. 

10 (10) The United States, as the world’s largest 

11 importer of coral reef species and products and as 

12 a party to the Convention on the International 

13 Trade in Endangered Species of Wild Fauna and 

14 Flora (CITES), should play a substantial role in 

15 conserving and restoring coral reef ecosystems, in16 cluding assisting other countries in developing and 

17 implementing coral reef conservation programs and 

18 ensuring that the market in the United States for 

19 coral reef species and products does not contribute 

20 to the detriment of the survival of the species in the 

21 wild or to the detriment of coral reef ecosystems. 

22 (11) The United States should also exercise 

23 leadership in moving from a species-based sustain24 able management approach to an ecosystem-based 

25 approach. 
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1 (b) PURPOSE.—The purpose of this Act is to provide 

2 a series of nondiscriminatory measures which are nec3 essary for the conservation of coral reef species and fur4 ther the obligations of the United States under CITES. 

5 SEC. 3. PROHIBITION ON TAKING, IMPORTING, EXPORTING, 

6 AND TRANSPORTING CERTAIN CORAL REEF 

7 SPECIES. 

8 (a) IN GENERAL.—Subject to section 4, it is unlawful 

9 for any person to—

10 (1) take any covered coral reef species within 

11 waters under the jurisdiction of the United States; 

12 (2) import into or export from the United 

13 States any covered coral reef species; 

14 (3) possess, sell, purchase, deliver, carry, trans15 port, or receive in interstate or foreign commerce 

16 any covered coral reef species taken or imported in 

17 violation of paragraphs (1) or (2); or 

18 (4) attempt to commit any act described in 

19 paragraphs (1) through (3). 

20 (b) COVERED CORAL REEF SPECIES.—

21 (1) IN GENERAL.—For the purposes of this 

22 Act, the term ‘‘covered coral reef species’’ means— 

23 (A) any species of coral or ornamental reef 

24 fish; 
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1 (B) any coral reef species listed in Appen2 dix II of the Convention on International Trade 

3 in Endangered Species of Wild Fauna and 

4 Flora (CITES) as of the effective date of this 

5 Act; 

6 (C) any coral reef species added to Appen7 dix II of CITES after the effective date of this 

8 Act, unless the Secretary of the Interior, in con9 sultation with the Secretary of Commerce, finds 

10 before the expiration of the 90-day period which 

11 begins on the effective date of the inclusion of 

12 such species in Appendix II that the take, im13 port, and export of such species do not rep14 resent a substantial risk of harm to the sustain15 ability of such species and its coral reef eco16 system; or 

17 (D) any other coral reef species (excluding 

18 any finfish, mollusk, crustacean, or other ani19 mal or plant species taken for human consump20 tion) the take, import, or export of which the 

21 Secretary of the Interior and the Secretary of 

22 Commerce have determined, after notice and 

23 opportunity for public comment—
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1 (i) presents a substantial risk of harm 

2 to the sustainability of such species or of 

3 its coral reef ecosystem; or 

4 (ii) results in high mortality rates for 

5 individuals of that species due to poor sur6 vivorship in transport or captivity. 

7 (2) REMOVAL OF A SPECIES FROM DEFINI8 TION.—

9 (A) IN GENERAL.—A species may be re10 moved from the definition of covered coral reef 

11 species under paragraphs (1)(B) through (D), if 

12 the Secretary of the Interior determines that 

13 the take, import, and export of such species do 

14 not represent a substantial risk of harm to the 

15 sustainability of that species and of its coral 

16 reef ecosystem. 

17 (B) ROLE OF SECRETARY OF COM18 MERCE.—In carrying out subparagraph (A), the 

19 Secretary of the Interior shall consult with the 

20 Secretary of the Commerce with respect to a 

21 covered coral reef species under paragraph 

22 (1)(B) or (1)(C), and act jointly with the Sec23 retary of the Interior with respect to a covered 

24 coral reef species under paragraph (1)(D). 
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1 (c) EFFECTIVE DATE.—This section shall take effect 

2 upon the expiration of the 1-year period which begins on 

3 the date of the enactment of this Act. 

4 SEC. 4. EXCEPTIONS. 

5 (a) IN GENERAL.—

6 (1) SCIENTIFICALLY-BASED MANAGEMENT

7 PLANS.—

8 (A) EXCEPTION.—Section 3 shall not 

9 apply with respect to a covered coral reef spe10 cies if such species was taken in accordance 

11 with a qualified scientifically-based management 

12 plan. 

13 (B) QUALIFICATION OF PLAN.—For pur14 poses of this subsection, a scientifically-based 

15 management plan is qualified if the appropriate 

16 Secretary determines that the plan—

17 (i) provides for the conservation of a 

18 covered coral reef species and its habitat; 

19 (ii) provides that a covered coral reef 

20 species is taken in such a manner and in 

21 such quantities so as not to threaten the 

22 biological sustainability of that species or 

23 its role in the ecosystem and so as to mini24 mize the adverse impact of the take on the 

25 coral reef; 
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1 (iii) addresses factors relevant to the 

2 conservation of a covered coral reef species, 

3 which may include illegal trade, domestic 

4 trade, subsistence use, disease, habitat 

5 loss, and cumulative effects of the take on 

6 the coral reef species; and 

7 (iv) prohibits the use of the destruc8 tive collection practices described in sub9 section (b)(2). 

10 (C) APPROPRIATE SECRETARY.—For pur11 poses of this paragraph, the term ‘‘appropriate 

12 Secretary’’ means—

13 (i) the Secretary of Commerce with 

14 respect to domestic plans; 

15 (ii) the Secretary of Commerce and 

16 the Secretary of the Interior with respect 

17 to foreign plans; or 

18 (iii) the Secretary with jurisdiction 

19 over the waters in which the plan is located 

20 with respect to plans located in waters 

21 within the Exclusive Economic Zone (as 

22 defined under section (3) of the Magnuson23 Stevens Fishery Conservation and Manage24 ment Act (16 U.S.C. 1802)). 

25 (2) COOPERATIVE BREEDING PROGRAMS.—
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1 (A) EXCEPTION.—Section 3 shall not 

2 apply with respect to a covered coral reef spe3 cies if such species is a product of a qualified 

4 cooperative breeding program. 

5 (B) QUALIFICATION OF PROGRAM.—For 

6 purposes of this subsection, a cooperative breed7 ing program is qualified if the Secretary of 

8 Commerce, in the case of domestic programs, or 

9 the Secretary of Commerce and the Secretary 

10 of the Interior, in the case of foreign programs, 

11 determines that the program is—

12 (i) designed to promote the conserva13 tion of covered coral reef species and main14 tain such species in the wild by enhancing 

15 the propagation and survival of such spe16 cies; and 

17 (ii) developed and administered by, or 

18 in conjunction with, an aquarium, con19 servation, or zoological organization which 

20 meets standards established by the appro21 priate Secretary. 

22 (3) AQUACULTURE AND MARICULTURE FACILI23 TIES.—

24 (A) EXCEPTION.—Section 3 shall not 

25 apply with respect to a covered coral reef spe-
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1 cies if such species is a product of a qualified 

2 aquaculture or mariculture facility. 

3 (B) QUALIFICATION OF FACILITY.—For 

4 purposes of this subsection, an aquaculture or 

5 mariculture facility is qualified if the Secretary 

6 of Commerce, in the case of domestic facilities, 

7 or the Secretary of Commerce and the Sec8 retary of the Interior, in the case of foreign fa9 cilities, determines that the facility—

10 (i) demonstrates the capability to 

11 produce sufficient captive covered coral 

12 reef species in the numbers to be traded 

13 from that facility; 

14 (ii) operates in a manner which is not 

15 detrimental to the conservation of the spe16 cies in the wild; 

17 (iii) operates in a manner which does 

18 not harm existing ecosystems, such as by 

19 introducing non-indigenous species or 

20 pathogens; and 

21 (iv) operates with sufficient safe22 guards so as to prevent the escape of cap23 tive species and their eggs, larvae, young, 

24 fragments, and other organs of propaga25 tion. 
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1 (4) SCIENTIFIC, MUSEUM, OR ZOOLOGICAL PUR2 POSES.—Section 3 shall not apply with respect to a 

3 covered coral reef species taken pursuant to author4 ization by the Secretary of Commerce, or imported 

5 or exported pursuant to authorization by the Sec6 retary of the Interior for scientific purposes, mu7 seum purposes, or zoological breeding or display. 

8 (5) INCIDENTAL TAKES.—Section 3 shall not 

9 apply with respect to a covered coral reef species 

10 taken incidentally, if such incidental takes are ex11 empted by the Secretary of the Interior and the Sec12 retary of Commerce by regulation. 

13 (6) SUBSISTENCE.—Section 3 shall not apply 

14 with respect to a covered coral reef species taken for 

15 personal consumption by an individual, if the taking 

16 is customary, traditional, or necessary for the sub17 sistence of the individual or the individual’s family. 

18 (b) NO EXCEPTION FOR SPECIES TAKEN USING DE19 STRUCTIVE COLLECTION PRACTICES.—

20 (1) IN GENERAL.—No exception shall be al21 lowed under subsection (a) with respect to a covered 

22 coral reef species that was—

23 (A) taken in waters under the jurisdiction 

24 of the United States using any destructive col25 lection practice; or 
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1 (B) imported or exported without a certifi2 cation by the importer or exporter that the cov3 ered coral reef species to be imported or ex4 ported was not taken through the use of any 

5 destructive collection practice. 

6 (2) DESTRUCTIVE COLLECTION PRACTICES.—

7 For the purposes of this Act, ‘‘destructive collection 

8 practice’’ means any practice used in the take of 

9 coral reef species which includes any of the fol10 lowing: 

11 (A) Reef-dredging. 

12 (B) Explosives. 

13 (C) Poisons. 

14 (D) Any other destructive collection prac15 tice identified by the Secretary of Commerce by 

16 regulation, in consultation with the Secretary of 

17 the Interior and the advisory group described in 

18 section 6(b). 

19 (3) PRESENCE OF POISONS.—For the purposes 

20 of this Act, the presence of cyanide, any other poi21 son, or any metabolite associated with any such poi22 son in a coral reef species shall constitute evidence 

23 that poison was used in the take of the coral reef 

24 species. 
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1 SEC. 5. CONSULTATION REGARDING PROTECTION OF 

2 CORAL REEF SPECIES. 

3 The Secretary of State, in consultation with the Ad4 ministrator of the United States Agency for International 

5 Development, the Secretary of the Interior, and the Sec6 retary of Commerce, may initiate consultations with for7 eign governments which are engaged in, or whose citizens 

8 include persons engaged in, commercial operations which 

9 take coral reef species, for the purpose of—

10 (1) encouraging the protection of coral reef spe11 cies through building consensus on standards for, 

12 and implementation of, sustainable management 

13 plans; and 

14 (2) taking steps to eliminate of the use of the 

15 destructive collection practices described in section 

16 4(b)(2). 

17 SEC. 6. COORDINATION REGARDING CONSERVATION OF 

18 CORAL REEF ECOSYSTEMS. 

19 (a) CORAL REEF TASK FORCE.—In carrying out this 

20 Act, the Secretary of the Interior and the Secretary of 

21 Commerce shall coordinate with members of the Coral 

22 Reef Task Force for the conservation and sustainable 

23 management of coral reef ecosystems. 

24 (b) ADVISORY GROUP.—

25 (1) IN GENERAL.—The Secretary of the Inte26 rior and the Secretary of Commerce shall convene an 
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1 advisory group consisting of individuals representing 

2 public and private organizations affected by this Act, 

3 including persons involved in the conservation of 

4 coral reef ecosystems, the harvest and trade of coral 

5 reef species, and the operation of cooperative breed6 ing programs and aquaculture and mariculture fa7 cilities for the propagation of coral reef species, and 

8 representatives of Federal agencies, states, and terri9 tories, which are represented on the Coral Reef Task 

10 Force. 

11 (2) DEVELOPMENT OF GUIDELINES, STRATEGY, 

12 AND CRITERIA.—Before the expiration of the 1-year 

13 period which begins on the date of the enactment of 

14 this Act, the Secretary of the Interior and the Sec15 retary of Commerce, in consultation with the advi16 sory group, shall develop—

17 (A) criteria and indicators for the con18 servation and sustainable management of coral 

19 reef ecosystems; 

20 (B) a coordinated national strategy for 

21 conservation and sustainable management of 

22 coral reef species and ecosystems based on the 

23 criteria and indicators developed under sub24 paragraph (A); and 
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1 (C) guidelines for the capture, commercial 

2 transport, and handling of coral reef species 

3 which would improve their rates of survival. 

4 (c) INTERNATIONAL COOPERATION.— The Secretary 

5 of State and the Administrator of the United States Agen6 cy for International Development, in coordination with the 

7 heads of other appropriate departments and agencies, 

8 shall utilize their authorities to further the purposes of 

9 this Act by encouraging policies and implementing pro10 grams to promote the conservation and sustainable man11 agement of coral reef ecosystems in other parts of the 

12 world, by such means as multilateral negotiations, partici13 pation in various international fora, bilateral assistance, 

14 and capacity building. 

15 SEC. 7. ENFORCEMENT. 

16 (a) CIVIL MONEY PENALTIES.—

17 (1) IN GENERAL.—The Secretary of the Inte18 rior or the Secretary of Commerce, upon finding a 

19 violation of section 3, may require the person re20 sponsible for such violation to pay a civil money pen21 alty in an amount determined under a schedule of 

22 penalties which is established and published by the 

23 Secretary, but which does not exceed $25,000 for 

24 each violation, and which takes into account—

25 (A) the nature of the violation involved; 
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1 (B) the revenues of the person; 

2 (C) previous violations of section 3 by the 

3 person; and 

4 (D) such other factors as the Secretary 

5 considers appropriate. 

6 (2) NOTICE AND OPPORTUNITY FOR HEAR7 ING.—The Secretary of the Interior or the Secretary 

8 of Commerce may not make any determination ad9 verse to a person under subsection (a) until such 

10 person has been given written notice and an oppor11 tunity to be heard before the Secretary or designee. 

12 (b) DECLARATORY OR INJUNCTIVE RELIEF.—The 

13 Attorney General may bring a civil action in an appro14 priate United States district court seeking declaratory or 

15 injunctive relief for any alleged violation of sections 3. 

16 (c) CRIMINAL PENALTIES.—

17 (1) IN GENERAL.—Any person who knowingly 

18 violates section 3 shall be fined in accordance with 

19 title 18, United States Code, imprisoned for not 

20 more than 6 months, or both. 

21 (2) PERSONS ENGAGED IN BUSINESS.—Any 

22 person engaged in business as an importer or ex23 porter of coral reef species who knowingly violates 

24 section 3 shall be fined in accordance with title 18, 
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1 United States Code, or imprisoned for not more 

2 than 2 years, or both. 

3 (3) FALSE STATEMENTS IN CERTIFICATIONS.—

4 Any person who knowingly makes, causes to be 

5 made, or submits any false material statement or 

6 representation in a certification under section 

7 4(b)(1)(B) shall be fined in accordance with title 18, 

8 United States Code, or imprisoned for not more 

9 than 2 years, or both, and may also be prohibited 

10 from importing or exporting any coral reef species. 

11 (d) REWARDS AND INCIDENTAL EXPENSES.—

12 (1) IN GENERAL.—The Secretary of the Inte13 rior or the Secretary of Commerce may pay, from 

14 sums received as penalties, fines, or forfeitures of 

15 property for violations of section 3—

16 (A) a reward to any person who furnishes 

17 information which leads to an arrest, criminal 

18 conviction, civil penalty assessment, or for19 feiture of property for any violation of section 

20 3; and 

21 (B) the reasonable and necessary costs in22 curred by any person in providing temporary 

23 care for any coral reef species pending the dis24 position of any civil or criminal proceeding al25 leging a violation of section 3. 
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1 (2) AMOUNT OF REWARD.—The amount of a 

2 reward paid under this subsection shall be des3 ignated by the Secretary of the Interior or the Sec4 retary of Commerce. 

5 (3) INELIGIBILITY OF GOVERNMENT OFFI6 CIALS.—Any officer or employee of the United 

7 States or any State or local government who fur8 nishes information or renders service in the perform9 ance of his official duties is ineligible to receive a re10 ward under this subsection. 

11 (e) EXECUTIVE BRANCH ENFORCEMENT.—

12 (1) SEARCHES AND SEIZURES.—

13 (A) IN GENERAL.—Any person authorized 

14 by the Secretary of the Interior, the Secretary 

15 of Commerce, the Secretary of the Treasury, or 

16 the Secretary of the Department in which the 

17 Coast Guard is operating may search and seize 

18 any coral reef species taken, imported, ex19 ported, possessed, sold, delivered, carried, 

20 transported, or received in violation of section 

21 3, with or without a warrant, as authorized by 

22 law. 

23 (B) SEIZED CORAL REEF SPECIES.—Any 

24 coral reef species seized under subparagraph 

25 (A) shall be held by any person so authorized 
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1 pending disposition of civil or criminal pro2 ceedings, or the institution of an action in rem 

3 for forfeiture of such coral reef species pursu4 ant to paragraph (3), except that the appro5 priate Secretary may, in lieu of holding such 

6 species, permit the owner or consignee to post 

7 a bond or other surety satisfactory to the Sec8 retary, but upon forfeiture of any such property 

9 to the United States, or the abandonment or 

10 waiver of any claim to any such property, it 

11 shall be disposed of (other than by sale to the 

12 general public) by the Secretary in such a man13 ner, consistent with the purposes of this Act, as 

14 the Secretary shall by regulation prescribe. 

15 (2) CITATIONS.—If any officer authorized to 

16 enforce the provisions of this Act finds that a person 

17 has violated section 3, such officer may, in accord18 ance with regulations issued by the Secretary of 

19 Commerce, Secretary of the Interior, and the Sec20 retary of the department in which the Coast Guard 

21 is operating, issue a citation to the violator. 

22 (3) FORFEITURE.—

23 (A) CORAL REEF SPECIES.—All coral reef 

24 species taken, imported, exported, possessed, 

25 sold, delivered, carried, transported, or received 
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1 in violation of section 3 shall be subject to for2 feiture to the United States. 

3 (B) EQUIPMENT USED IN UNLAWFUL

4 PRACTICES.—All guns, traps, nets, and other 

5 equipment, vessels, vehicles, aircraft, and other 

6 means of transportation used to aid the take, 

7 importing, exporting, possessing, selling, pur8 chasing, delivering, carrying, transporting, or 

9 receiving of any coral reef species in violation of 

10 section 3, shall be subject to forfeiture to the 

11 United States upon conviction of a criminal vio12 lation pursuant to subsections (b)(1) or (b)(2). 

13 (4) OTHER PROVISIONS OF LAW.—Any provi14 sion of law relating to the seizure, forfeiture, and 

15 condemnation of a vessel for violation a customs law, 

16 the disposition of such vessel or the proceeds from 

17 the sale thereof, and the remission or mitigation of 

18 such forfeiture, shall apply to any seizure or for19 feiture incurred or allegedly incurred under this Act, 

20 insofar as such provision of law is applicable and not 

21 inconsistent with the provisions of this Act, except 

22 that all powers, rights, and duties conferred or im23 posed by the customs laws upon any officer or em24 ployee of the Department of the Treasury shall, for 

25 the purposes of this Act, be exercised or performed 
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1 by the Secretary of Commerce or by such persons as 

2 the Secretary may designate. 

3 (f) CITIZEN ACTIONS.—

4 (1) IN GENERAL.—Except as provided in para5 graph (2), any person may commence a civil action 

6 to enjoin any person, including the United States 

7 and any other governmental instrumentality or agen8 cy (to the extent permitted by the 11th Amendment 

9 to the Constitution), who is alleged to be in violation 

10 of section 3. 

11 (2) JURISDICTION OF DISTRICT COURTS.—The 

12 United States District Court for the judicial district 

13 in which the alleged violation occurs shall have juris14 diction in all actions brought under this subsection, 

15 without regard for the amount in controversy or the 

16 citizenship of the parties. 

17 (3) INTERVENTION BY ATTORNEY GENERAL.—

18 In any such action under this subsection in which 

19 the United States is not a party, the Attorney Gen20 eral may intervene on behalf of the United States as 

21 a matter of right. 

22 (4) EXCEPTIONS.—No action may be com23 menced under this subsection—

24 (A) prior to 60 days after written notice of 

25 the violation has been given to the Secretary of 
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1 the Interior and the Secretary of Commerce, 

2 and to any alleged violator of any such provi3 sion or regulation; or 

4 (B) if the Secretary of the Interior, the 

5 Secretary of Commerce, or the Attorney Gen6 eral has initiated an enforcement action under 

7 this section. 

8 (5) RECOVERY OF COURT COSTS.—In any ac9 tion brought pursuant to paragraph (1), the court 

10 may award costs of litigation (including reasonable 

11 attorney and expert witness fees) to any party, 

12 whenever the court determines such award is appro13 priate. 

14 (6) RELIEF UNDER OTHER LAWS.—The injunc15 tive relief provided by this subsection shall not re16 strict any right which any person may have under 

17 any statute or common law to seek enforcement of 

18 any standard or limitation or to seek any other re19 lief. 

20 (g) AMERICAN SAMOA.—For the purposes of any ac21 tion brought under this Act, American Samoa shall be in22 cluded within the judicial district of the United States Dis23 trict Court for the District of Hawaii. 
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1 SEC. 8. REGULATIONS. 

2 (a) IN GENERAL.—Before the expiration of the 1-

3 year period beginning on the date of the enactment of this 

4 Act, the Secretary of the Interior and the Secretary of 

5 Commerce shall promulgate such regulations as they deem 

6 necessary and appropriate to carry out the purposes of 

7 this Act. 

8 (b) ENFORCEMENT REGULATIONS.—The Secretary 

9 of the Interior, the Secretary of Commerce, the Secretary 

10 of the Treasury, and the Secretary of the Department in 

11 which the Coast Guard is operating, are authorized to pro12 mulgate such regulations as may be appropriate to enforce 

13 this Act, and charge reasonable fees for expenses con14 nected with reviewing certificates authorized by this Act, 

15 including processing applications and reasonable inspec16 tions, and with the transfer, board, handling, or storage 

17 of coral reef species and evidentiary items seized and for18 feited under this Act. Any such fees collected pursuant 

19 to this subsection shall be deposited in the Treasury to 

20 the credit of the appropriation which is current and 

21 chargeable for the cost of furnishing the services. Appro22 priated funds may be expended pending reimbursement 

23 from parties in interest. 

24 SEC. 9. RELATIONSHIP TO STATE LAWS. 

25 Nothing in this Act shall be construed or interpreted 

26 as preempting any State from imposing any more restric-
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1 tive requirement regarding any coral reef species, so long 

2 as such requirement is consistent with the international 

3 obligations of the United States and this Act. 

4 SEC. 10. RELATIONSHIP TO FEDERAL FISHERY MANAGE5 MENT PLANS. 

6 Nothing in this Act shall be construed or interpreted 

7 as preempting any fishery management plan developed 

8 under the Magnuson-Stevens Fishery Conservation and 

9 Management Act (16 U.S.C. 1801 et seq.) that contains 

10 management measures more restrictive than those re11 quired by this Act. 

12 SEC. 11. DEFINITIONS. 

13 In this Act, the following definitions apply: 

14 (1) The term ‘‘coral’’ means any living or dead 

15 specimens, parts or derivatives, or any product con16 taining specimens, parts or derivatives of any species 

17 of the phylum Cnidaria, including—

18 (A) all species of black corals 

19 (Antipatharia), stony corals (Scleractinia), soft 

20 corals (Alcyonacea), horny corals (Gorgonacea), 

21 organ pipe corals (Stolonifera), blue corals 

22 (Coenothecalia), anemones (Actiniaria), 

23 coralliomorphs (Coralliomorpharia), and 

24 zooanthids (Zoanthidea) of the class Anthozoa; 

25 and 
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1 (B) all species of the fire corals 

2 (Milleporina) and lace corals (Stylasterina) of 

3 the class Hydrozoa. 

4 (2) The term ‘‘coral reef’’ means any reef, 

5 shoal, or other natural feature composed in part of 

6 the solid skeletal structures in which corals are 

7 major framework constituents. 

8 (3) The term ‘‘coral reef ecosystem’’ means the 

9 interacting complex of species (including reef plants 

10 of the phyla Chlorophyta, Phaeophyta, and 

11 Rhodophyta) and nonliving variables associated with 

12 coral reefs and their habitats which function as an 

13 ecological unit in nature and which are mutually de14 pendent on this function to survive. 

15 (4) The term ‘‘coral reef species’’ means—

16 (A) any species of plant or animal, includ17 ing algae, seagrasses, invertebrates and 

18 vertebrates that live in, on, or near coral reefs 

19 and are directly dependent on the coral reef 

20 ecosystem for feeding, reproduction or growth, 

21 but does not include mammals, reptiles, or 

22 birds; and 

23 (B) products derived from coral, such as 

24 live rock, coral substrate, and coral rock. 
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1 (5) The term ‘‘foreign commerce’’ includes any 

2 transaction between persons within one foreign coun3 try, between persons in 2 or more foreign countries, 

4 between a person within the United States and a 

5 person in a foreign country, or between persons 

6 within the United States, where the coral reef spe7 cies in question is moving in any country or coun8 tries outside the United States. 

9 (6) The term ‘‘import’’ means to land on, bring 

10 into, or introduce into, or attempt to land on, bring 

11 into, or introduce into, any place subject to the ju12 risdiction of the United States, whether or not such 

13 landing, bringing, or introduction constitutes an im14 portation within the meaning of the custom laws of 

15 the United States. 

16 (7) The term ‘‘live rock’’ means any hard sub17 strate derived from coral which is grown in the wild 

18 and which is attached to and supporting any species 

19 covered under paragraph (4)(A), and includes coral 

20 rock and coral substrate. 

21 (8) The term ‘‘ornamental reef fish’’ means any 

22 finfish collected commercially for the aquarium and 

23 curio trade, but does not include any fish taken for 

24 human consumption. 
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•HR 4928 IH 

1 (9) The term ‘‘State’’ means a State, the Dis2 trict of Columbia, the Commonwealth of Puerto 

3 Rico, American Samoa, the Virgin Islands, Guam, 

4 the Commonwealth of the Northern Mariana Is5 lands, and any other commonwealth, territory, or 

6 possession of the United States. 

7 (10) The term ‘‘take’’ means to capture, catch, 

8 collect or harvest coral reef species by any means. 

9 (11) The term ‘‘United States’’ includes the 

10 several States, the District of Columbia, the Com11 monwealth of Puerto Rico, American Samoa, the 

12 Virgin Islands, Guam, the Commonwealth of the 

13 Northern Mariana Islands, and any other common14 wealth, territory or possession of the United States 

15 that contains coral within its jurisdiction. 

16 (12) The term ‘‘waters under the jurisdiction of 

17 the United States’’ means the belt of seas extending 

18 to a distance of 200 nautical miles measured from 

19 the baseline from which the breadth of the territorial 

20 sea of the United States is measured, except where 

21 that distance is modified by maritime boundary 

22 agreements to which the United States is a party. 
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•HR 4928 IH 

1 SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated to carry out 

3 the provisions of this Act, for each of fiscal years 2006 

4 through 2010—

5 (1) for the Secretary of the Interior, 

6 $5,000,000; 

7 (2) for the Secretary of Commerce, $3,000,000; 

8 and 

9 (3) for the Secretary of State, $500,000.

Æ