Flora (CITES) as of the effective date of this 
Act; 
(C) any coral reef species added to appen-
dix II of CITES after the effective date of this 
Act, unless the Secretary of the Interior, in con-
sultation with the Secretary of Commerce, finds 
before the expiration of the 90-day period which 
begins on the effective date of the inclusion of 
such species in appendix II that the take, im-
port, and export of such species do not rep-
resent a substantial risk of harm to the sustain-
ability of such species and its coral reef eco-
system; or 
(D) any other coral reef species (excluding 
any finfish, mollusk, crustacean, or other ani-
mal or plant species taken for human consump-
tion) the take, import, or export of which the 
Secretary of the Interior and the Secretary of 
Commerce have determined, after notice and 
opportunity for public comment— 
(i) presents a substantial risk of harm 
to the sustainability of such species or of 
its coral reef ecosystem; or
(ii) results in high mortality rates for 
individuals of that species due to poor sur-
vivorship in transport or captivity. 
(2) REMOVAL
OF
A
SPECIES
FROM
DEFINI-
TION.— 
(A) IN GENERAL.—A species may be re-
moved from the definition of covered coral reef 
species under paragraphs (1)(B) through (D), if 
the Secretary of the Interior determines that 
the take, import, and export of such species do 
not represent a substantial risk of harm to the 
sustainability of that species and of its coral 
reef ecosystem. 
(B) ROLE
OF
SECRETARY
OF
COM-
MERCE.—In carrying out subparagraph (A), the 
Secretary of the Interior shall consult with the 
Secretary of Commerce with respect to a cov-
ered coral reef species under paragraph (1)(B) 
or (1)(C), and act jointly with the Secretary of 
the Interior with respect to a covered coral reef 
species under paragraph (1)(D). 
(c) EFFECTIVE DATE.—This section shall take effect 
upon the expiration of the 1-year period which begins on 
the date of the enactment of this Act.
SEC. 4. EXCEPTIONS. 
(a) IN GENERAL.— 
(1) 
SCIENTIFICALLY-BASED
MANAGEMENT 
PLANS.— 
(A) EXCEPTION.—Section 3 shall not 
apply with respect to a covered coral reef spe-
cies if such species was taken in accordance 
with a qualified scientifically-based management 
plan. 
(B) QUALIFICATION OF PLAN.—For pur-
poses of this subsection, a scientifically-based 
management plan is qualified if the appropriate 
Secretary determines that the plan— 
(i) provides for the conservation of a 
covered coral reef species and its habitat; 
(ii) provides that a covered coral reef 
species is taken in such a manner and in 
such quantities so as not to threaten the 
biological sustainability of that species or 
its role in the ecosystem and so as to mini-
mize the adverse impact of the take on the 
coral reef; 
(iii) addresses factors relevant to the 
conservation of a covered coral reef species, 
which may include illegal trade, domestic 
trade, subsistence use, disease, habitat
loss, and cumulative effects of the take on 
the coral reef species; and 
(iv) prohibits the use of the destruc-
tive collection practices described in sub-
section (b)(2). 
(C) APPROPRIATE SECRETARY.—For pur-
poses of this paragraph, the term ‘‘appropriate 
Secretary’’ means— 
(i) the Secretary of Commerce with 
respect to domestic plans; 
(ii) the Secretary of Commerce and 
the Secretary of the Interior with respect 
to foreign plans; or 
(iii) the Secretary with jurisdiction 
over the waters in which the plan is located 
with respect to plans located in waters 
within the Exclusive Economic Zone (as 
defined under section (3) of the Magnuson- 
Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1802)). 
(2) COOPERATIVE BREEDING PROGRAMS.— 
(A) EXCEPTION.—Section 3 shall not 
apply with respect to a covered coral reef spe-
cies if such species is a product of a qualified 
cooperative breeding program.
(B) QUALIFICATION
OF
PROGRAM.—For 
purposes of this subsection, a cooperative breed-
ing program is qualified if the Secretary of 
Commerce, in the case of domestic programs, or 
the Secretary of Commerce and the Secretary 
of the Interior, in the case of foreign programs, 
determines that the program is— 
(i) designed to promote the conserva-
tion of covered coral reef species and main-
tain such species in the wild by enhancing 
the propagation and survival of such spe-
cies; and 
(ii) developed and administered by, or 
in conjunction with, an aquarium, con-
servation, or zoological organization which 
meets standards established by the appro-
priate Secretary. 
(3) AQUACULTURE AND MARICULTURE FACILI-
TIES.— 
(A) EXCEPTION.—Section 3 shall not 
apply with respect to a covered coral reef spe-
cies if such species is a product of a qualified 
aquaculture or mariculture facility. 
(B) QUALIFICATION
OF
FACILITY.—For 
purposes of this subsection, an aquaculture or
mariculture facility is qualified if the Secretary 
of Commerce, in the case of domestic facilities, 
or the Secretary of Commerce and the Sec-
retary of the Interior, in the case of foreign fa-
cilities, determines that the facility— 
(i) demonstrates the capability to 
produce sufficient captive covered coral 
reef species in the numbers to be traded 
from that facility; 
(ii) operates in a manner which is not 
detrimental to the conservation of the spe-
cies in the wild; 
(iii) operates in a manner which does 
not harm existing ecosystems, such as by 
introducing 
non-indigenous 
species 
or 
pathogens; and 
(iv) operates with sufficient safe-
guards so as to prevent the escape of cap-
tive species and their eggs, larvae, young, 
fragments, and other organs of propaga-
tion. 
(4) SCIENTIFIC, MUSEUM, OR ZOOLOGICAL PUR-
POSES.—Section 3 shall not apply with respect to a 
covered coral reef species taken pursuant to author-
ization by the Secretary of Commerce, or imported
or exported pursuant to authorization by the Sec-
retary of the Interior for scientific purposes, mu-
seum purposes, or zoological breeding or display. 
(5) INCIDENTAL TAKES.—Section 3 shall not 
apply with respect to a covered coral reef species 
taken incidentally, if such incidental takes are ex-
empted by the Secretary of the Interior and the Sec-
retary of Commerce by regulation. 
(6) SUBSISTENCE.—Section 3 shall not apply 
with respect to a covered coral reef species taken for 
personal consumption by an individual, if the taking 
is customary, traditional, or necessary for the sub-
sistence of the individual or the individual’s family. 
(b) NO EXCEPTION FOR SPECIES TAKEN USING DE-
STRUCTIVE COLLECTION PRACTICES.— 
(1) IN
GENERAL.—No exception shall be al-
lowed under subsection (a) with respect to a covered 
coral reef species that was— 
(A) taken in waters under the jurisdiction 
of the United States using any destructive col-
lection practice; or 
(B) imported or exported without a certifi-
cation by the importer or exporter that the cov-
ered coral reef species to be imported or ex-
ported was not taken through the use of any 
destructive collection practice. 
(2) DESTRUCTIVE
COLLECTION
PRACTICES.— 
For the purposes of this Act, ‘‘destructive collection 
practice’’ means any practice used in the take of 
coral reef species which includes any of the fol-
lowing: 
(A) Reef-dredging. 
(B) Explosives. 
(C) Poisons. 
(D) Any other destructive collection prac-
tice identified by the Secretary of Commerce by 
regulation, in consultation with the Secretary of 
the Interior and the advisory group described in 
section 6(b). 
(3) PRESENCE OF POISONS.—For the purposes 
of this Act, the presence of cyanide, any other poi-
son, or any metabolite associated with any such poi-
son in a coral reef species shall constitute evidence 
that poison was used in the take of the coral reef 
species. 
SEC. 5. CONSULTATION REGARDING PROTECTION OF 
CORAL REEF SPECIES. 
The Secretary of State, in consultation with the Ad-
ministrator of the United States Agency for International
Development, the Secretary of the Interior, and the Sec-
retary of Commerce, may initiate consultations with for-
eign governments which are engaged in, or whose citizens 
include persons engaged in, commercial operations which 
take coral reef species, for the purpose of— 
(1) encouraging the protection of coral reef spe-
cies through building consensus on standards for, 
and implementation of, sustainable management 
plans; and 
(2) taking steps to eliminate of the use of the 
destructive collection practices described in section 
4(b)(2). 
SEC. 6. COORDINATION REGARDING CONSERVATION OF 
CORAL REEF ECOSYSTEMS. 
(a) CORAL REEF TASK FORCE.—In carrying out this 
Act, the Secretary of the Interior and the Secretary of 
Commerce shall coordinate with members of the Coral 
Reef Task Force for the conservation and sustainable 
management of coral reef ecosystems. 
(b) ADVISORY GROUP.— 
(1) IN GENERAL.—The Secretary of the Inte-
rior and the Secretary of Commerce shall convene an 
advisory group consisting of individuals representing 
public and private organizations affected by this Act, 
including persons involved in the conservation of
coral reef ecosystems, the harvest and trade of coral 
reef species, and the operation of cooperative breed-
ing programs and aquaculture and mariculture fa-
cilities for the propagation of coral reef species, and 
representatives of Federal agencies, States, and ter-
ritories, which are represented on the Coral Reef 
Task Force. 
(2) DEVELOPMENT OF GUIDELINES, STRATEGY, 
AND CRITERIA.—Before the expiration of the 1-year 
period which begins on the date of the enactment of 
this Act, the Secretary of the Interior and the Sec-
retary of Commerce, in consultation with the advi-
sory group, shall develop— 
(A) criteria and indicators for the con-
servation and sustainable management of coral 
reef ecosystems; 
(B) a coordinated national strategy for 
conservation and sustainable management of 
coral reef species and ecosystems based on the 
criteria and indicators developed under sub-
paragraph (A); and 
(C) guidelines for the capture, commercial 
transport, and handling of coral reef species 
which would improve their rates of survival.
(c) INTERNATIONAL COOPERATION.—The Secretary 
of State and the Administrator of the United States Agen-
cy for International Development, in coordination with the 
heads of other appropriate departments and agencies, 
shall utilize their authorities to further the purposes of 
this Act by encouraging policies and implementing pro-
grams to promote the conservation and sustainable man-
agement of coral reef ecosystems in other parts of the 
world, by such means as multilateral negotiations, partici-
pation in various international fora, bilateral assistance, 
and capacity building. 
SEC. 7. ENFORCEMENT. 
(a) CIVIL MONEY PENALTIES.— 
(1) IN GENERAL.—The Secretary of the Inte-
rior or the Secretary of Commerce, upon finding a 
violation of section 3, may require the person re-
sponsible for such violation to pay a civil money pen-
alty in an amount determined under a schedule of 
penalties which is established and published by the 
Secretary, but which does not exceed $25,000 for 
each violation, and which takes into account— 
(A) the nature of the violation involved; 
(B) the revenues of the person; 
(C) previous violations of section 3 by the 
person; and
(D) such other factors as the Secretary 
considers appropriate. 
(2) NOTICE
AND
OPPORTUNITY
FOR
HEAR-
ING.—The Secretary of the Interior or the Secretary 
of Commerce may not make any determination ad-
verse to a person under subsection (a) until such 
person has been given written notice and an oppor-
tunity to be heard before the Secretary or designee. 
(b) DECLARATORY
OR INJUNCTIVE RELIEF.—The 
Attorney General may bring a civil action in an appro-
priate United States district court seeking declaratory or 
injunctive relief for any alleged violation of section 3. 
(c) CRIMINAL PENALTIES.— 
(1) IN GENERAL.—Any person who knowingly 
violates section 3 shall be fined in accordance with 
title 18, United States Code, imprisoned for not 
more than 6 months, or both. 
(2) PERSONS
ENGAGED
IN
BUSINESS.—Any 
person engaged in business as an importer or ex-
porter of coral reef species who knowingly violates 
section 3 shall be fined in accordance with title 18, 
United States Code, or imprisoned for not more 
than 2 years, or both. 
(3) FALSE STATEMENTS IN CERTIFICATIONS.— 
Any person who knowingly makes, causes to be
made, or submits any false material statement or 
representation in a certification under section 
4(b)(1)(B) shall be fined in accordance with title 18, 
United States Code, or imprisoned for not more 
than 2 years, or both, and may also be prohibited 
from importing or exporting any coral reef species. 
(d) REWARDS AND INCIDENTAL EXPENSES.— 
(1) IN GENERAL.—The Secretary of the Inte-
rior or the Secretary of Commerce may pay, from 
sums received as penalties, fines, or forfeitures of 
property for violations of section 3— 
(A) a reward to any person who furnishes 
information which leads to an arrest, criminal 
conviction, civil penalty assessment, or for-
feiture of property for any violation of section 
3; and 
(B) the reasonable and necessary costs in-
curred by any person in providing temporary 
care for any coral reef species pending the dis-
position of any civil or criminal proceeding al-
leging a violation of section 3. 
(2) AMOUNT OF REWARD.—The amount of a 
reward paid under this subsection shall be des-
ignated by the Secretary of the Interior or the Sec-
retary of Commerce.
(3) INELIGIBILITY
OF
GOVERNMENT
OFFI-
CIALS.—Any officer or employee of the United 
States or any State or local government who fur-
nishes information or renders service in the perform-
ance of his official duties is ineligible to receive a re-
ward under this subsection. 
(e) EXECUTIVE BRANCH ENFORCEMENT.— 
(1) SEARCHES AND SEIZURES.— 
(A) IN GENERAL.—Any person authorized 
by the Secretary of the Interior, the Secretary 
of Commerce, the Secretary of the Treasury, or 
the Secretary of the department in which the 
Coast Guard is operating may search and seize 
any coral reef species taken, imported, ex-
ported, possessed, sold, delivered, carried, 
transported, or received in violation of section 
3, with or without a warrant, as authorized by 
law. 
(B) SEIZED CORAL REEF SPECIES.—Any 
coral reef species seized under subparagraph 
(A) shall be held by any person so authorized 
pending disposition of civil or criminal pro-
ceedings, or the institution of an action in rem 
for forfeiture of such coral reef species pursu-
ant to paragraph (3), except that the appro-
priate Secretary may, in lieu of holding such 
species, permit the owner or consignee to post 
a bond or other surety satisfactory to the Sec-
retary, but upon forfeiture of any such property 
to the United States, or the abandonment or 
waiver of any claim to any such property, it 
shall be disposed of (other than by sale to the 
general public) by the Secretary in such a man-
ner, consistent with the purposes of this Act, as 
the Secretary shall by regulation prescribe. 
(2) CITATIONS.—If any officer authorized to 
enforce the provisions of this Act finds that a person 
has violated section 3, such officer may, in accord-
ance with regulations issued by the Secretary of 
Commerce, Secretary of the Interior, and the Sec-
retary of the department in which the Coast Guard 
is operating, issue a citation to the violator. 
(3) FORFEITURE.— 
(A) CORAL REEF SPECIES.—All coral reef 
species taken, imported, exported, possessed, 
sold, delivered, carried, transported, or received 
in violation of section 3 shall be subject to for-
feiture to the United States. 
(B) EQUIPMENT
USED
IN
UNLAWFUL 
PRACTICES.—All guns, traps, nets, and other
equipment, vessels, vehicles, aircraft, and other 
means of transportation used to aid the take, 
importing, exporting, possessing, selling, pur-
chasing, delivering, carrying, transporting, or 
receiving of any coral reef species in violation of 
section 3, shall be subject to forfeiture to the 
United States upon conviction of a criminal vio-
lation pursuant to subsections (b)(1) or (b)(2). 
(4) OTHER PROVISIONS OF LAW.—Any provi-
sion of law relating to the seizure, forfeiture, and 
condemnation of a vessel for violation a customs law, 
the disposition of such vessel or the proceeds from 
the sale thereof, and the remission or mitigation of 
such forfeiture, shall apply to any seizure or for-
feiture incurred or allegedly incurred under this Act, 
insofar as such provision of law is applicable and not 
inconsistent with the provisions of this Act, except 
that all powers, rights, and duties conferred or im-
posed by the customs laws upon any officer or em-
ployee of the Department of the Treasury shall, for 
the purposes of this Act, be exercised or performed 
by the Secretary of Commerce or by such persons as 
the Secretary may designate. 
(f) CITIZEN ACTIONS.—
(1) IN GENERAL.—Except as provided in para-
graph (2), any person may commence a civil action 
to enjoin any person, including the United States 
and any other governmental instrumentality or agen-
cy (to the extent permitted by the 11th Amendment 
to the Constitution), who is alleged to be in violation 
of section 3. 
(2) JURISDICTION OF DISTRICT COURTS.—The 
United States District Court for the judicial district 
in which the alleged violation occurs shall have juris-
diction in all actions brought under this subsection, 
without regard for the amount in controversy or the 
citizenship of the parties. 
(3) INTERVENTION BY ATTORNEY GENERAL.— 
In any such action under this subsection in which 
the United States is not a party, the Attorney Gen-
eral may intervene on behalf of the United States as 
a matter of right. 
(4) EXCEPTIONS.—No action may be com-
menced under this subsection— 
(A) prior to 60 days after written notice of 
the violation has been given to the Secretary of 
the Interior and the Secretary of Commerce, 
and to any alleged violator of any such provi-
sion or regulation; or
(B) if the Secretary of the Interior, the 
Secretary of Commerce, or the Attorney Gen-
eral has initiated an enforcement action under 
this section. 
(5) RECOVERY OF COURT COSTS.—In any ac-
tion brought pursuant to paragraph (1), the court 
may award costs of litigation (including reasonable 
attorney and expert witness fees) to any party, 
whenever the court determines such award is appro-
priate. 
(6) RELIEF UNDER OTHER LAWS.—The injunc-
tive relief provided by this subsection shall not re-
strict any right which any person may have under 
any statute or common law to seek enforcement of 
any standard or limitation or to seek any other re-
lief. 
(g) AMERICAN SAMOA.—For the purposes of any ac-
tion brought under this Act, American Samoa shall be in-
cluded within the judicial district of the United States Dis-
trict Court for the District of Hawaii. 
SEC. 8. REGULATIONS. 
(a) IN GENERAL.—Before the expiration of the 1- 
year period beginning on the date of the enactment of this 
Act, the Secretary of the Interior and the Secretary of 
Commerce shall promulgate such regulations as they deem
necessary and appropriate to carry out the purposes of 
this Act. 
(b) ENFORCEMENT REGULATIONS.—The Secretary 
of the Interior, the Secretary of Commerce, the Secretary 
of the Treasury, and the Secretary of the department in 
which the Coast Guard is operating, are authorized to pro-
mulgate such regulations as may be appropriate to enforce 
this Act, and charge reasonable fees for expenses con-
nected with reviewing certificates authorized by this Act, 
including processing applications and reasonable inspec-
tions, and with the transfer, board, handling, or storage 
of coral reef species and evidentiary items seized and for-
feited under this Act. Any such fees collected pursuant 
to this subsection shall be deposited in the Treasury to 
the credit of the appropriation which is current and 
chargeable for the cost of furnishing the services. Appro-
priated funds may be expended pending reimbursement 
from parties in interest. 
SEC. 9. RELATIONSHIP TO STATE LAWS. 
Nothing in this Act shall be construed or interpreted 
as preempting any State from imposing any more restric-
tive requirement regarding any coral reef species, so long 
as such requirement is consistent with the international 
obligations of the United States and this Act.
SEC. 10. RELATIONSHIP TO FEDERAL FISHERY MANAGE-
MENT PLANS. 
Nothing in this Act shall be construed or interpreted 
as preempting any fishery management plan developed 
under the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.) that contains 
management measures more restrictive than those re-
quired by this Act. 
SEC. 11. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) The term ‘‘coral’’ means any living or dead 
specimens, parts or derivatives, or any product con-
taining specimens, parts or derivatives of any species 
of the phylum Cnidaria, including— 
(A) 
all 
species 
of 
black 
corals 
(Antipatharia), stony corals (Scleractinia), soft 
corals (Alcyonacea), horny corals (Gorgonacea), 
organ pipe corals (Stolonifera), blue corals 
(Coenothecalia), 
anemones 
(Actiniaria), 
coralliomorphs 
(Coralliomorpharia), 
and 
zooanthids (Zoanthidea) of the class Anthozoa; 
and 
(B) 
all 
species 
of 
the 
fire 
corals 
(Milleporina) and lace corals (Stylasterina) of 
the class Hydrozoa.
(2) The term ‘‘coral reef’’ means any reef, 
shoal, or other natural feature composed in part of 
the solid skeletal structures in which corals are 
major framework constituents. 
(3) The term ‘‘coral reef ecosystem’’ means the 
interacting complex of species (including reef plants 
of 
the 
phyla 
Chlorophyta, 
Phaeophyta, 
and 
Rhodophyta) and nonliving variables associated with 
coral reefs and their habitats which function as an 
ecological unit in nature and which are mutually de-
pendent on this function to survive. 
(4) The term ‘‘coral reef species’’ means— 
(A) any species of plant or animal, includ-
ing 
algae, 
seagrasses, 
invertebrates 
and 
vertebrates that live in, on, or near coral reefs 
and are directly dependent on the coral reef 
ecosystem for feeding, reproduction or growth, 
but does not include mammals, reptiles, or 
birds; and 
(B) products derived from coral, such as 
live rock, coral substrate, and coral rock. 
(5) The term ‘‘foreign commerce’’ includes any 
transaction between persons within one foreign coun-
try, between persons in 2 or more foreign countries, 
between a person within the United States and a
person in a foreign country, or between persons 
within the United States, where the coral reef spe-
cies in question is moving in any country or coun-
tries outside the United States. 
(6) The term ‘‘import’’ means to land on, bring 
into, or introduce into, or attempt to land on, bring 
into, or introduce into, any place subject to the ju-
risdiction of the United States, whether or not such 
landing, bringing, or introduction constitutes an im-
portation within the meaning of the custom laws of 
the United States. 
(7) The term ‘‘live rock’’ means any hard sub-
strate derived from coral which is grown in the wild 
and which is attached to and supporting any species 
covered under paragraph (4)(A), and includes coral 
rock and coral substrate. 
(8) The term ‘‘ornamental reef fish’’ means any 
finfish collected commercially for the aquarium and 
curio trade, but does not include any fish taken for 
human consumption. 
(9) The term ‘‘State’’ means a State, the Dis-
trict of Columbia, the Commonwealth of Puerto 
Rico, American Samoa, the Virgin Islands, Guam, 
the Commonwealth of the Northern Mariana Is-
lands, and any other commonwealth, territory, or 
possession of the United States. 
(10) The term ‘‘take’’ means to capture, catch, 
collect or harvest coral reef species by any means. 
(11) The term ‘‘United States’’ includes the 
several States, the District of Columbia, the Com-
monwealth of Puerto Rico, American Samoa, the 
Virgin Islands, Guam, the Commonwealth of the 
Northern Mariana Islands, and any other common-
wealth, territory or possession of the United States 
that contains coral within its jurisdiction. 
(12) The term ‘‘waters under the jurisdiction of 
the United States’’ means the belt of seas extending 
to a distance of 200 nautical miles measured from 
the baseline from which the breadth of the territorial 
sea of the United States is measured, except where 
that distance is modified by maritime boundary 
agreements to which the United States is a party. 
SEC. 12. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to carry out 
the provisions of this Act, for each of fiscal years 2006 
through 2010— 
(1) 
for 
the 
Secretary 
of 
the 
Interior, 
$5,000,000;