(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