(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 terri-
tories, 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 sections 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,