I
106TH CONGRESS
1ST SESSION
H. R. 3059
To establish a moratorium on bottom trawling and use of other mobile
fishing gear on the seabed in certain areas off the coast of the United
States.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 12, 1999
Mr. HEFLEY introduced the following bill; which was referred to the
Committee on Resources
A BILL
To establish a moratorium on bottom trawling and use of
other mobile fishing gear on the seabed in certain areas
off the coast of the United States.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Seabed Protection
Act’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) More than 2⁄3 of Earth’s surface is covered
by oceans.
(2) The oceans and marine waters contain a
greater variety of forms of life than exists on land,
and scientists are continually discovering new forms
of life in previously unexplored, unique habitats.
(3) The earth’s human population is dependent
upon the products of the oceans for income, nutri-
tion, medicines, raw materials, and valuable natural
services such as climate regulation, flood control,
and storm surge protection.
(4) The practice and technology of bottom
trawling and use of other mobile fishing gear on the
seabed has increased to the point that an area of
seabed twice the size of the contiguous United
States is affected by these practices each year.
(5) These practices result in a loss of biological
diversity, which is detrimental not only to the ocean
environment itself but also to the industries and peo-
ple that depend on that environment.
(6) Little is known about the recoverability of
the seabed from the effects of bottom trawling and
use of other mobile fishing gear on the seabed. How-
ever, due to the slow rates of growth and reproduc-
tion of some marine species, it is believed that full
recovery in some areas may take decades or cen-
turies.
SEC. 3. MORATORIUM.
(a) IN GENERAL.—Notwithstanding any provision of
the Magnuson-Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1801 et seq.), no person may engage
in bottom trawling or use of other mobile fishing gear on
the seabed in any marine area described in subsection (b),
until—
(1) the National Marine Fisheries Service has
completed a study and determined the effects of
those practices in those areas;
(2) the Secretary of Commerce has determined,
based on findings of such a study and other perti-
nent scientific information, that the impacts of bot-
tom trawling and such other mobile fishing gear on
biodiversity, marine habitat, and productivity of fish
stocks is negligible; and
(3) the Secretary of Commerce has approved
and implemented fishery management plans for
those areas, that—
(A) are developed by the appropriate re-
gional fishery management councils in accord-
ance with that Act;
(B) encourage the use of fishing gears that
are less destructive of habitat than bottom
trawling and other mobile fishing gear on the
seabed; and
(C) prohibit use of bottom trawling and
other mobile fishing gear practices that threat-
en the continued sustainability of ecosystems in
those areas.
(b) MARINE AREAS DESCRIBED.—
(1) IN GENERAL.—The marine areas referred
to in subsection (a) are the following:
(A) The Heceta Banks, located off the
coast of Oregon, 125 00′ w–124 45′ w / 43 55′
n–44 15′ n.
(B) Cordell Bank, located off the coast of
central California, 123 20′ w–123 38′ w/ 37 55′
n-30 05′ n.
(C) The Gulf of the Farallones outside of
the line that is three miles from the coastline,
located off the coast of California, 122 35′ w–
123 15′′w/ 37 30′ n–38 05′ n.
(D) Tanner and Cortez Banks, located off
the coast of southern California, 119 00′ w–119
25′ w/ 32 50 n–32 20′ n.
(E) Punta Gorda, located off the coast of
northern California, 124 23′ w–124 50′ w/ 4–
20′ n–40 10′ n.
(F) Cape Blanco, located off the coast of
Oregon, 124 42′ w–124 55′ w/ 42 40′ n–43
00n.
(G) Florida Middle Grounds located in the
Gulf of Mexico off the coast of Florida, 84
40′w–85 15′ w/ 28 10′n–28 55n.
(H) Dry Tortugas, located in the Gulf of
Mexico off the coast of Florida, 82 40′2w–83
10′w/ 24 30′n 24 50′n.
(I) Nantucket Shoals, located off the coast
of Cape Cod, Massachusetts, 69 00′w–70 20′w/
40 30′n–41 00′n.
(J) Jeffrey’s Ledge, Tillies Bank, and
Stellwagon Bank, located in the Gulf of Maine,
69 50′w–70 30′w/42 08′n–43 15′n.
(K) Cashes Ledge, located in the Gulf of
Maine, 68 40′w–69 15′w/42 30′n–43 15′n.
(L) Stonewall Bank of the central Oregon
coast, 124 20′w–124 28′w/44 27′n–44 39′n.
(M) Rogue River Reef off the southern Or-
egon coast, 124 35′w–124 50′w/42 25′n–42
35′n.
(2) FURTHER DESCRIPTION BY SECRETARY.—
For purposes of this Act, the Secretary of Commerce
may more particularly describe the areas listed in
paragraph (1).
(c) REPORT.—The Secretary of Commerce shall re-
port annually to the Committee on Resources of the House
of Representatives and the Committee on Commerce of the
Senate regarding the recovery of areas described in sub-
section (b) from the effects of bottom trawling and use
of other mobile fishing gear on the seabed.
(d) LIMITATION ON APPLICATION.—Subsection (a)
shall not apply to an area after the date the Secretary
publishes a finding that there are in effect, under State
law or a fishery management plan under the Magnuson-
Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.), measures that are at least as effec-
tive as subsection (a) in maintaining the sustainability of
ecosystems in that area.
(e) DEFINITIONS.—In this section:
(1) 
NEGLIGIBLE.—The 
term 
‘‘negligible’’
means—
(A) insufficient to diminish the produc-
tivity of fish stocks; and
(B) insufficient to significantly reduce
other marine life.
(2) SUSTAINABILITY
OF
ECOSYSTEMS.—The
term ‘‘sustainability of ecosystems’’ means the capa-
bility of ecosystems to—
(A) maintain productivity of fish stocks at
maximum sustainable yield specified for those
fish stocks in fishery management plans in ef-
fect under the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C.
1801 et seq.); and
(B) maintain types and abundances of
other marine species normally found within
similar areas that are not subject to bottom
trawling and other mobile fishing gear prac-
tices.
Æ