Coral Reef Conservation Amendments Act of 2007

Bill: 110-s-1580
Sponsor: Sen. Inouye, Daniel K. [D-HI]
Introduced: 2007-06-07 in the Senate
Policy area: Public Lands and Natural Resources
Subjects: Commerce
Coral reefs
Disaster relief
Ecological research
Economics and Public Finance
Emergency Management
Environmental Protection
Finance and Financial Sector
Forfeiture
Government Operations and Politics
Grants-in-aid
Law
Licenses
Liens
Marine and coastal resources, fisheries
Marine ecology
Marine resources conservation
Marine safety
Oceanography
Public-private partnerships
Revolving funds
Salvage
Science, Technology, Communications
Ships
Transportation and Public Works

Summary:
action_date: 2007-06-07
text: 
Coral Reef Conservation Amendments Act of 2007 - Amends the Coral Reef Conservation Act of 2000 to direct the Secretary of Commerce to make grants for projects for the conservation of coral reef ecosystems (under current law, conservation of coral reefs). Modifies various requirements of the grant program.
 
Authorizes the Secretary to make agreements with nonprofit organizations (under current law, an agreement with a nonprofit organization) for public-private partnerships promoting coral reef ecosystem conservation.
 
Authorizes the Secretary, in cooperation with the Federal Emergency Management Agency (FEMA), to provide assistance to any state, local, or territorial government agency for any unforeseen or disaster-related circumstance regarding coral reef ecosystems. (Current law does not mention FEMA.)
 
Authorizes the Secretary to conduct activities, including with local, regional, or international programs and partners, to conserve coral reef ecosystems. (Current law does not mention local, regional, or international programs and partners.)
 
Directs the Secretary to provide for the long-term stewardship of environmental data, products, and information.
 
Directs the Secretary to establish the Emergency Response, Stabilization, and Restoration Account in the existing Damage Assessment Restoration Revolving Fund.
 
Authorizes the Secretary to make grants for work with federal, state, and local entities to increase protection of coral reef areas identified by the community and scientific experts as high priorities.
 
Authorizes the Secretary to maintain an inventory of all vessel reef grounding incidents, identify reef ecosystems with many impacts, and identify preventive measures.
 
Authorizes the Secretary to issue permits for research and activities that would otherwise be prohibited by the Act.

action_date: 2008-03-13
text: 
Coral Reef Conservation Amendments Act of 2007 - (Sec. 4) Amends the Coral Reef Conservation Act of 2000 to direct the Secretary of Commerce to submit to specified congressional committees a national coral reef ecosystem action strategy.
 
(Sec. 5) Directs the Secretary to make grants for projects for the conservation of coral reef ecosystems (currently, conservation of coral reefs). Modifies various requirements of the grant program.
 
(Sec. 6) Authorizes the Secretary to make agreements with nonprofit organizations (currently, an agreement with a nonprofit organization) for public-private partnerships promoting coral reef ecosystem conservation.
 
(Sec. 7) Authorizes the Secretary to: (1) execute contracts, leases, grants, or cooperative agreements as necessary to carry out the Act, including entering into, extending, or renegotiating agreements with universities and research centers with established management-driven national or regional coral reef research institutes to conduct ecological research and monitoring explicitly aimed at building capacity for more effective resource management; (2) use, with their consent, the land, services, equipment, personnel, and facilities of any domestic or foreign governmental entity, Indian tribal government, or international organization; and (3) apply for, accept, and obligate research grant funding from any federal source operating competitive grant programs.
 
(Sec. 8) Authorizes the Secretary (currently, the Administrator of the National Oceanic and Atmospheric Administration [NOAA] acting alone), in cooperation with the Federal Emergency Management Agency (FEMA), to provide assistance to any state, local, or territorial government agency for any unforeseen or disaster-related circumstance regarding coral reef ecosystems.
 
(Sec. 9) Authorizes the Secretary to conduct activities, including with local, regional, or international programs and partners, to conserve coral reef ecosystems. (Current law does not does not provide for the inclusion of local, regional, or international programs and partners.)
 
Directs the Secretary to provide for the long-term stewardship of environmental data, products, and information.
 
Directs the Secretary to establish the Emergency Response, Stabilization, and Restoration Account in the existing Damage Assessment Restoration Revolving Fund.
 
(Sec. 10) Directs the Secretary to establish an International Coral Reef Conservation Program to carry out activities consistent with this Act in waters outside U.S. jurisdiction, including submitting to specified congressional committees an international coral reef ecosystem strategy and establishing an international coral reef ecosystem partnership program to provide support, including funding and technical assistance, for activities that implement that strategy.
 
(Sec. 11) Authorizes the Secretary to make grants for work with federal, state, and local entities to increase protection of coral reef areas identified by the community and scientific experts as high priorities.
 
(Sec. 12) Authorizes the Secretary to maintain an inventory of all vessel reef grounding incidents, identify reef ecosystems with a high incidence of vessel impacts, and identify preventive measures, including the acquisition and placement of aids to navigation, moorings, designated anchorage areas, fixed anchors and other devices.
 
(Sec. 13) Prohibits the provisions of this paragraph from affecting the operation of other federal, state, or local laws or regulations providing protection to coral reef ecosystems. Makes it unlawful to destroy, take, cause the loss of, or injure any coral reef or any part thereof, except if it was caused by: (1) fishing gear used in a way permitted by the Magnuson-Stevens Fishery Conservation and Management Act or other federal or state law; (2) an activity authorized or allowed by federal or state law; (3) bona fide marine scientific research; (4) a federal agency during an emergency, law enforcement, or search and rescue; or (5) actions by a vessel master to ensure the safety of the vessel or to save a life at sea.
 
(Sec. 14) Makes anyone who engages in an activity that injures a coral reef ecosystem liable for response costs and damages, costs of seizure, forfeiture, storage, and disposal, and related interest. Provides for in rem liability. Declares that specified provisions do not limit the amount of liability. Bars the commencement of a civil action for response costs and damages unless filed within three years after the date on which the Secretary completes a damage assessment and restoration plan for the coral reef. 
 
(Sec. 15) Provides for enforcement, including through civil administrative and judicial penalties and denial, suspension, amendment, or revocation of any permit involved. Provides for in rem jurisdiction, criminal and civil forfeiture, and injunctive relief.
 
(Sec. 16) Authorizes the Secretary to issue permits for research and activities that would otherwise be prohibited by the Act.
 
(Sec. 17) Directs Secretary to enter into written agreements with any states with coral reefs regarding the way in which response and restoration activities will be conducted.
 
(Sec. 19) Requires a report to appropriate congressional committees on all activities undertaken to implement the strategy.
 
(Sec. 20) Authorizes appropriations.
 
(Sec. 21) Regulates judicial review of the Secretary's actions under the Act.


Legislative actions:
action_date: 2008-03-13
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 620.
action_date: 2008-03-13
text: Committee on Commerce, Science, and Transportation. Reported by Senator Inouye with amendments. With written report No. 110-276.
action_date: 2008-03-13
text: Committee on Commerce, Science, and Transportation. Reported by Senator Inouye with amendments. With written report No. 110-276.
action_date: 2007-10-30
text: Committee on Commerce, Science, and Transportation. Ordered to be reported with amendments favorably.
action_date: 2007-06-07
text: Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S7371-7376)
action_date: 2007-06-07
text: Introduced in Senate