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S 1580 IS

110th CONGRESS1stRSCommentsClose CommentsPermalink

2d

Session S. 1580

To reauthorize the Coral Reef Conservation Act of 2000, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATES

June 7, 2007

Mr. INOUYE (for himself, Mr. STEVENS, and Ms. CANTWELL, Mr. KERRY, Ms. SNOWE, Mrs. BOXER, Mr. LAUTENBERG, and Mr. NELSON of Florida) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationCommentsClose CommentsPermalink

A BILL

To reauthorize the Coral Reef Conservation Act of 2000, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the `Coral Reef Conservation Amendments Act of 2007'.CommentsClose CommentsPermalink





(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Amendment of Coral Reef Conservation Act of 2000.CommentsClose CommentsPermalink





Sec. 3. Findings and purposes.CommentsClose CommentsPermalink





Sec. 4. National coral reef action strategy.CommentsClose CommentsPermalink





Sec. 5. Coral reef conservation program.CommentsClose CommentsPermalink





Sec. 6. Coral reef conservation fund.CommentsClose CommentsPermalink





Sec. 7. Agreements.CommentsClose CommentsPermalink





Sec. 8. Emergency assistance.CommentsClose CommentsPermalink





Sec. 9. National program.CommentsClose CommentsPermalink





Sec. 10. International coral reef conservation program. CommentsClose CommentsPermalink





Sec. 11. Community-based planning grants. CommentsClose CommentsPermalink





Sec. 112. Vessel grounding inventory. CommentsClose CommentsPermalink





Sec. 12. Prohibited activities.Sec. 13. Destruction of coral reefProhibited activities. CommentsClose CommentsPermalink





Sec. 14. Destruction of coral reefs. CommentsClose CommentsPermalink





Sec. 15. Enforcement. CommentsClose CommentsPermalink





Sec. 156. Permits. CommentsClose CommentsPermalink





Sec. 167. Regional, State, and Territorial coordination.Sec. 17. CommentsClose CommentsPermalink





Sec. 18. Regulations. CommentsClose CommentsPermalink





Sec. 189. Effectiveness report. CommentsClose CommentsPermalink





Sec. 1920. Authorization of appropriations. CommentsClose CommentsPermalink





Sec. 201. Judicial review. CommentsClose CommentsPermalink





Sec. 212. Definitions. CommentsClose CommentsPermalink

SEC. 2. AMENDMENT OF CORAL REEF CONSERVATION ACT OF 2000.

Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to a section or other provision of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.).CommentsClose CommentsPermalink

SEC. 3. FINDINGS AND PURPOSES.

Section 202 (16 U.S.C. 6401) is amended to read as follows:CommentsClose CommentsPermalink

`SEC. 202. FINDINGS AND PURPOSES.

`(a) FINDINGS- The Congress finds that--CommentsClose CommentsPermalink





`(1) coral reefs contain high biological diversity and serve important ecosystem functions;CommentsClose CommentsPermalink





`(2) coral reef ecosystems provide economic and environmental benefits in the form of food, jobs, natural products, and pharmaceuticals;CommentsClose CommentsPermalink





`(3) coral reef ecosystems are the basis of thriving commercial and recreational fishing and tourism industries;CommentsClose CommentsPermalink





`(4) a combination of stressors, including climate change, has caused a rapid decline in the health of many coral reef ecosystems globally;CommentsClose CommentsPermalink





`(5) [Struck out->]natural stressors on coral reef ecosystems are compounded[<-Struck out] coral reef ecosystems are also adversely impacted by human impacts including pollution, ocean acidification, overfishing, and physical damage; andCommentsClose CommentsPermalink





`(6) healthy coral reefs provide shoreline protection for coastal communities and resources.CommentsClose CommentsPermalink





`(b) PURPOSES- The purposes of this Act are--CommentsClose CommentsPermalink





`(1) to preserve, sustain, and restore the condition of coral reef ecosystems;CommentsClose CommentsPermalink





`(2) to promote the wise management and sustainable use of coral reef ecosystems to benefit local communities, the Nation, and the world;CommentsClose CommentsPermalink





`(3) to develop sound scientific information on the condition of coral reef ecosystems and the threats to such ecosystems;CommentsClose CommentsPermalink





`(4) to assist in the preservation of coral reef ecosystems by supporting conservation programs, including projects that involve affected local communities and nongovernmental organizations;CommentsClose CommentsPermalink





`(5) to provide financial resources for those programs and projects;CommentsClose CommentsPermalink





`(6) to establish a formal mechanism for collecting and allocating monetary donations from the private sector to be used for coral reef conservation projects; andCommentsClose CommentsPermalink





`(7) to provide mechanisms to prevent and minimize damage to coral reefs.'.CommentsClose CommentsPermalink

SEC. 4. NATIONAL CORAL REEF ACTION STRATEGY.

Section 203(a) (16 U.S.C. 6402(a)) is amended to read as follows:CommentsClose CommentsPermalink





`(a) IN GENERAL- Not later than 180 days [Struck out->]180 days[<-Struck out] 1 year after the date of the enactment of the Coral Reef Conservation Amendments Act of 2007, the Secretary shall submit to the Senate Committee on Commerce, Science, and Transportation and to the House of Representatives Committee on Natural Resources and publish in the Federal Register a national coral reef actionecosystem action strategy, consistent with the purposes of this title. The Secretary shall periodically review and revise the strategy as necessary. In developing this national strategy, the Secretary may consult the Coral Reef Task Force established under Executive Order 13089 (June 11, 1998).'.CommentsClose CommentsPermalink

SEC. 5. CORAL REEF CONSERVATION PROGRAM.

Section 204 (16 U.S.C. 6403) is amended--CommentsClose CommentsPermalink





(1) by striking `Administrator' each place it appears and inserting `Secretary';CommentsClose CommentsPermalink





(2) by striking subsection (a) and inserting the following:CommentsClose CommentsPermalink





`(a) GRANTS- The Secretary, subject to the availability of funds, shall provide grants of financial assistance for projects for the conservation of coral reef ecosystems (hereafter in this title referred to as `coral conservation projects'), for proposals approved by the Secretary in accordance with this section.';CommentsClose CommentsPermalink





(3) by striking subsection (c) and inserting the following:CommentsClose CommentsPermalink





`(c) ELIGIBILITY- Any natural resource management authority of a State or other government authority with jurisdiction over coral reef ecosystems, or whose activities directly or indirectly affect coral reef ecosystems, or educational or nongovernmental institutions with demonstrated expertise in the conservation of coral reef ecosystems, may submit a coral conservation proposal to the Secretary under subsection (e).';CommentsClose CommentsPermalink





(4) by striking `GEOGRAPHIC AND BIOLOGICAL' in the heading for subsection (d) and inserting `PROJECT';CommentsClose CommentsPermalink





(5) by striking paragraph (3) of subsection (d) and inserting the following:CommentsClose CommentsPermalink





`(3) Remaining funds shall be awarded for--CommentsClose CommentsPermalink





`(A) projects (with priority given to community-based local action strategies) that address emerging priorities or threats, including international and territorial priorities, or threats identified by the Secretary; andCommentsClose CommentsPermalink





`(B) other appropriate projects, as determined by the Secretary, including monitoring and assessment, research, pollution reduction, education, and technical support.';CommentsClose CommentsPermalink





(6) by striking subsection (g) and inserting the following:CommentsClose CommentsPermalink





`(g) CRITERIA FOR APPROVAL- The Secretary may not approve a project proposal under this section unless the project is consistent with the coral reef action strategy under section 203 and will enhance the conservation of coral reef ecosystems nationally or internationally by--CommentsClose CommentsPermalink





`(1) implementing coral conservation programs which promote sustainable development and ensure effective, long-term conservation of coral reef ecosystems and biodiversity;CommentsClose CommentsPermalink





`(2) addressing the conflicts arising from the use of environments near coral reef ecosystems or from the use of corals, species associated with coral reef ecosystems, and coral products;CommentsClose CommentsPermalink





`(3) enhancing compliance with laws that prohibit or regulate the taking of coral products or species associated with coral reef ecosystems or regulate the use and management of coral reef ecosystems;CommentsClose CommentsPermalink





`(4) developing sound scientific information on the condition of coral reef ecosystems or the threats to such ecosystems and their biodiversity, including factors that cause coral disease [Struck out->]disease[<-Struck out] disease, ocean acidification, and bleaching;CommentsClose CommentsPermalink





`(5) promoting and assisting the implementation of cooperative coral reef ecosystem conservation projects that involve affected local communities, nongovernmental organizations, or others in the private sector;CommentsClose CommentsPermalink





`(6) increasing public knowledge and awareness of coral reef ecosystems and issues regarding their long-term conservation, including how they function to protect coastal communities;CommentsClose CommentsPermalink





`(7) mapping the location, distribution, and biodiversity of coral reef ecosystems;CommentsClose CommentsPermalink





`(8) developing and implementing techniques to monitor and assess the status and condition of coral reef ecosystems and biodiversity;CommentsClose CommentsPermalink





`(9) developing and implementing cost-effective methods to restore degraded coral reef ecosystems and biodiversity;CommentsClose CommentsPermalink





`(10) responding to coral disease [Struck out->]disease[<-Struck out] disease, ocean acidification, and bleaching events;CommentsClose CommentsPermalink





`(11) promoting activities designed to prevent or minimize damage to coral reef ecosystems, including the promotion of ecologically sound navigation and anchorages; orCommentsClose CommentsPermalink





`(12) promoting and assisting entities to work with local communities, and all appropriate governmental and nongovernmental organizations, to support community-based planning and management initiatives for the protection of coral reef systems.'; andCommentsClose CommentsPermalink





(7) by striking `coral reefs' in subsection (j) and inserting `coral reef ecosystems'.CommentsClose CommentsPermalink

SEC. 6. CORAL REEF CONSERVATION FUND.

Section 205 (16 U.S.C. 6404) is amended--CommentsClose CommentsPermalink





(1) by striking subsection (a) and inserting the following:CommentsClose CommentsPermalink





`(a) FUND- The Secretary may enter into agreements with nonprofit organizations promoting coral reef ecosystem conservation by authorizing such organizations to receive, hold, and administer funds received pursuant to this section. Such organizations shall invest, reinvest, and otherwise administer the funds and maintain such funds and any interest or revenues earned in a separate interest-bearing account (referred to in section 218[Struck out->]218(a)[<-Struck out] 219(a) as the `Fund') established by such organizations solely to support partnerships between the public and private sectors that further the purposes of this title and are consistent with the national coral reef action strategy under section 203.';CommentsClose CommentsPermalink





(2) by striking `Administrator' in subsection (c) and inserting `Secretary';CommentsClose CommentsPermalink





(3) by striking `the grant program' in subsection (c) and inserting `any grant program'; andCommentsClose CommentsPermalink





(4) by striking `Administrator' in subsection (d) and inserting `Secretary'.CommentsClose CommentsPermalink

SEC. 7. AGREEMENTS.

The Act (16 U.S.C. 6401 et seq.) is amended by redesignating sections 206 through 210 as sections 207 through 211, respectively, and inserting after section 205 the following:CommentsClose CommentsPermalink

`SEC. 206. AGREEMENTS.

`(a) IN GENERAL- The Secretary may execute and perform such contracts, leases, grants, or cooperative agreements as may be necessary to carry out the purposes of this title.CommentsClose CommentsPermalink





`(b) COOPERATIVE AGREEMENTS- In addition to the general authority provided by subsection (a), the Secretary may enter into, extend, or renegotiate 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. Pursuant to any such agreements these institutes shall-- CommentsClose CommentsPermalink





`(1) collaborate directly with governmental resource management agencies, non-profit organizations, and other research organizations; CommentsClose CommentsPermalink





`(2) build capacity within resource management agencies to establish research priorities, plan interdisciplinary research projects and make effective use of research results; and CommentsClose CommentsPermalink





`(3) conduct public education and awareness programs for policy makers, resource managers, and the general public on coral reef ecosystems, best practices for coral reef and ecosystem management and conservation, their value, and threats to their sustainability. CommentsClose CommentsPermalink





` [Struck out->](b)[<-Struck out] (c) USE OF OTHER AGENCIES' RESOURCES- For purposes related to the conservation, preservation, protection, restoration, or replacement of coral reefs or coral reef ecosystems and the enforcement of this title, the Secretary is authorized to use, with their consent and with or without reimbursement, the land, services, equipment, personnel, and facilities of any Department, agency, or instrumentality of the United States, or of any State, local government, Indian tribal government, Territory or possession, or of any political subdivision thereof, or of any foreign government or international organization.CommentsClose CommentsPermalink





`(c) [Struck out->](c)[<-Struck out] (d) Authority To Utilize Grant Funds-CommentsClose CommentsPermalink





`(1) Except as provided in paragraph (2), the Secretary may apply for, accept, and obligate research grant funding from any Federal source operating competitive grant programs where such funding furthers the purpose of this title.CommentsClose CommentsPermalink





`(2) The Secretary may not apply for, accept, or obligate any grant funding under paragraph (1) for which the granting agency lacks authority to grant funds to Federal agencies, or for any purpose or subject to conditions that are prohibited by law or regulation.CommentsClose CommentsPermalink





`(3) Appropriated funds may be used to satisfy a requirement to match grant funds with recipient agency funds, except that no grant may be accepted that requires a commitment in advance of appropriations.CommentsClose CommentsPermalink





`(4) Funds received from grants shall be deposited in the National Oceanic and Atmospheric Administration account for the purpose for which the grant was awarded.'.CommentsClose CommentsPermalink

SEC. 8. EMERGENCY ASSISTANCE.

Section 207 (formerly 16 U.S.C. 6405), as redesignated, is amended to read as follows:CommentsClose CommentsPermalink

`SEC. 207. EMERGENCY ASSISTANCE.

`The Secretary, in cooperation with the Federal Emergency Management Agency, as appropriate, may provide assistance to any State, local, or territorial government agency with jurisdiction over coral reef ecosystems to address any unforeseen or disaster-related circumstance pertaining to coral reef ecosystems.'.CommentsClose CommentsPermalink

SEC. 9. NATIONAL PROGRAM.

Section 208 (formerly 16 U.S.C. 6406), as redesignated, is amended to read as follows:CommentsClose CommentsPermalink

`SEC. 208. NATIONAL PROGRAM.

`(a) IN GENERAL- Subject to the availability of appropriations, the Secretary may conduct activities, including with local, regional, or international programs and partners, as appropriate, to conserve coral reef ecosystems, that are consistent with this title, the National Marine Sanctuaries Act, the Coastal Zone Management Act of 1972, the Magnuson-Stevens Fishery Conservation and Management Act, the Endangered Species Act of 1973, and the Marine Mammal Protection Act of 1972.CommentsClose CommentsPermalink





`(b) AUTHORIZED ACTIVITIES- Activities authorized under subsection (a) include--CommentsClose CommentsPermalink





`(1) mapping, monitoring, assessment, restoration, socioeconomic and scientific research that benefit the understanding, sustainable use, biodiversity, and long-term conservation of coral reef ecosystems;CommentsClose CommentsPermalink





`(2) enhancing public awareness, education, understanding, and appreciation of coral reef ecosystems;CommentsClose CommentsPermalink





`(3) removing, and providing assistance to States in removing, abandoned fishing gear, marine debris, and abandoned vessels from coral reef ecosystems to conserve living marine resources;CommentsClose CommentsPermalink





`(4) responding to incidents and events that threaten and damage coral reef ecosystems, including disease and bleaching;CommentsClose CommentsPermalink





`(5) conservation and management of coral reef ecosystems;CommentsClose CommentsPermalink





`(6) centrally archiving, managing, and distributing data sets and providing coral reef ecosystem assessments and services to the general public. with local, regional, or international programs and partners; andCommentsClose CommentsPermalink





`(7) activities designed to prevent or minimize damage to coral reef ecosystems, including those activities described in section 211 [Struck out->]211[<-Struck out] 212 of this title.CommentsClose CommentsPermalink





`(c) DATA ARCHIVE, ACCESS, AND AVAILABILITY- The Secretary, in coordination with similar efforts at other Departments and agencies shall provide for the long-term stewardship of environmental data, products, and information via data processing, storage, and archive facilities pursuant to this title. The Secretary may--CommentsClose CommentsPermalink





`(1) archive environmental data collected by Federal, State, local agencies and tribal organizations and federally funded research;CommentsClose CommentsPermalink





`(2) promote widespread availability and dissemination of environmental data and information through full and open access and exchange to the greatest extent possible, including in electronic format on the Internet;CommentsClose CommentsPermalink





`(3) develop standards, protocols and procedures for sharing Federal data with State and local government programs and the private sector or academia; andCommentsClose CommentsPermalink





`(4) develop metadata standards for coral reef ecosystems in accordance with Federal Geographic Data Committee guidelines.CommentsClose CommentsPermalink





`(d) EMERGENCY RESPONSE, STABILIZATION, AND RESTORATION- The Secretary shall establish an account (to be called the Emergency Response, Stabilization, and Restoration Account) in the Damage Assessment Restoration Revolving Fund established by the Department of Commerce Appropriations Act, 1991 (33 U.S.C. 2706 note), for implementation of this subsection for emergency actions. Amounts appropriated for the Account under section 218 [Struck out->]218,[<-Struck out] 219, and funds authorized by sections 212(d)(3)(B) and 213 [Struck out->]212(d)(3)(B) and 213(f)(3)(B),[<-Struck out] 213(d)(3)(B) and 214(f)(3)(B), shall be deposited into the Account and made available for use by the Secretary as specified in sections 212 and 213 [Struck out->]212 and 213.[<-Struck out] 213 and 214.'.CommentsClose CommentsPermalink

SEC. 10. COMMUNITY-BASED PLANNING GRANTSINTERNATIONAL CORAL REEF CONSERVATION PROGRAM.

The Act (16 U.S.C. 6401 et seq.) is amended by furtherfurther amended by redesignating sections 209 through 211, as redesignated, as sectionsed, as sections 210 through 212, respectively, and inserting after section 208 the following: CommentsClose CommentsPermalink

`SEC. 209. INTERNATIONAL CORAL REEF CONSERVATION PROGRAM.

`SEC. 210. COMMUNITY-BASED PLANNING GRANTS.

`(a) IN GENERAL- The Secretary may make grants to entities who have received grants under section 204 to provide additional funds to such entities to work with local communities and through appropriate Federal and State entities to prepare and implement plans for the increased protection of coral reef areas identified by the community and scientific experts as high priorities for focused attention. The plans shall--CommentsClose CommentsPermalink





`(1) support attainment of 1 or more of the criteria described in section 204(g);CommentsClose CommentsPermalink





`(2) be developed at the community level;CommentsClose CommentsPermalink





`(3) utilize watershed-based approaches;CommentsClose CommentsPermalink





`(4) provide for coordination with Federal and State experts and managers; andCommentsClose CommentsPermalink





`(5) build upon local approaches [Struck out->]approaches[<-Struck out] approaches, strategies, or models, including traditional or island-based resource management concepts.CommentsClose CommentsPermalink





`(b) TERMS AND CONDITIONS- The provisions of subsections (b), (d), (f), and (h) of section 204 apply to grants under subsection (a), except that, for the purpose of applying section 204(b)(1) to grants under this section, `75 percent' shall be substituted for `50 percent'.'.CommentsClose CommentsPermalink

SEC. 12. VESSEL GROUNDING INVENTORY.

The Act (16 U.S.C. 6401 et seq.) is further amended by redesignating sections 210 through 212, as redesignated, as sections211 through 213, as redesignated, as sections 212 through 214, and inserting after section 20910, as added by section 101, the following: CommentsClose CommentsPermalink

`SEC. 2101. VESSEL GROUNDING INVENTORY.

`(a) IN GENERAL- The Secretary may maintain an inventory of all vessel grounding incidents involving coral reefs, including a description of--CommentsClose CommentsPermalink





`(1) the impacts to affected coral reef ecosystems;CommentsClose CommentsPermalink





`(2) vessel and ownership information, if available;CommentsClose CommentsPermalink





`(3) the estimated cost of removal, mitigation, or restoration;CommentsClose CommentsPermalink





`(4) the response action taken by the owner, the Secretary, the Commandant of the Coast Guard, or other Federal or State agency representatives;CommentsClose CommentsPermalink





`(5) the status of the response action, including the dates of vessel removal and mitigation or restoration and any actions taken to prevent future grounding incidents; andCommentsClose CommentsPermalink





`(6) recommendations for additional navigational aids or other mechanisms for preventing future grounding incidents.CommentsClose CommentsPermalink





`(b) IDENTIFICATION OF AT-RISK REEFS- The Secretary may--CommentsClose CommentsPermalink





`(1) use information from any inventory maintained under subsection (a) or any other available information source to identify coral reef ecosystems that have a high incidence of vessel impacts, including groundings and anchor damage;CommentsClose CommentsPermalink





`(2) identify appropriate measures, including the acquisition and placement of aids to navigation, moorings, designated anchorage areas, fixed anchors and other devices, to reduce the likelihood of such impacts; andCommentsClose CommentsPermalink





`(3) develop a strategy and timetable to implement such measures, including cooperative actions with other government agencies and non-governmental partners.'.CommentsClose CommentsPermalink

SEC. 13. PROHIBITED ACTIVITIES.

(a) IN GENERAL- The Act (16 U.S.C. 6401 et seq.) is amended by further redesignating sections 211 through 2132 through 214, as redesignated, as sections 217 through 2208 through 221, and inserting after section 2101 the following: CommentsClose CommentsPermalink

`SEC. 2112. PROHIBITED ACTIVITIES AND SCOPE OF PROHIBITIONS.

`(a) PROVISIONS AS COMPLEMENTARY- The provisions of this section are in addition to, and shall not affect the operation of, other Federal, State, or local laws or regulations providing protection to coral reef ecosystems.CommentsClose CommentsPermalink





`(b) Destruction, Loss, Taking, or Injury-CommentsClose CommentsPermalink





`(1) IN GENERAL- Except as provided in paragraph (2), it is unlawful for any person to destroy, take, cause the loss of, or injure any coral reef or any component thereof.CommentsClose CommentsPermalink





`(2) EXCEPTIONS- The destruction, loss, taking, or injury of a coral reef or any component thereof is not unlawful if it--CommentsClose CommentsPermalink





`(A) was caused by the use of fishing gear used in a manner permitted under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) or other Federal or State law;CommentsClose CommentsPermalink





`(B) was caused by an activity that is authorized by Federal or State or allowed by Federal or State law (including lawful discharges from vessels of [Struck out->]vessels of[<-Struck out] vessels, such as graywater, cooling water, engine exhaust, ballast water, or sewage from marine sanitation devices), unless the destruction, loss, or injury resulted from actions such as vessel groundings, vessel scrapings, anchor damage, excavation not authorized by Federal or State permit, or other similar activities;CommentsClose CommentsPermalink





`(C) was the necessary result of bona fide marine scientific research (including marine scientific research activities approved by Federal, State, or local permits), other than excessive sampling or collecting, or actions such as vessel groundings, vessel scrapings, anchor damage, excavation, or other similar activities;CommentsClose CommentsPermalink





`(D) was caused by a Federal Government agency--CommentsClose CommentsPermalink





`(i) during--CommentsClose CommentsPermalink





`(I) an emergency that posed an unacceptable threat to human health or safety or to the marine environment;CommentsClose CommentsPermalink





`(II) an emergency that posed a threat to national security; orCommentsClose CommentsPermalink





`(III) an activity necessary for law enforcement or search and rescue; andCommentsClose CommentsPermalink





could not reasonably be avoided; orCommentsClose CommentsPermalink





`(E) was caused by an action taken by the master of the vessel in an emergency situation to ensure the safety of the vessel or the lives of passengers or crewo save a life at sea. CommentsClose CommentsPermalink





`(c) INTERFERENCE WITH ENFORCEMENT- It is unlawful for any person to interfere with the enforcement of this title by--CommentsClose CommentsPermalink





`(1) refusing to permit any officer authorized to enforce this title to board a vessel (other than a vessel operated by the Department of Defense or United States Coast Guard) subject to such person's control for the purposes of conducting any search or inspection in connection with the enforcement of this title;CommentsClose CommentsPermalink





`(2) resisting, opposing, impeding, intimidating, harassing, bribing, interfering with, or forcibly assaulting any person authorized by the Secretary to implement this title or any such authorized officer in the conduct of any search or inspection performed under this title; orCommentsClose CommentsPermalink





`(3) submitting false information to the Secretary or any officer authorized to enforce this title in connection with any search or inspection conducted under this title.CommentsClose CommentsPermalink





`(d) VIOLATIONS OF TITLE, PERMIT, OR REGULATION- It is unlawful for any person to violate any provision of this title, any permit issued pursuant to this title, or any regulation promulgated pursuant to this title.CommentsClose CommentsPermalink





`(e) POSSESSION AND DISTRIBUTION- It is unlawful for any person to possess, sell, deliver, carry, transport, or ship by any means any coral taken in violation of this title.'.CommentsClose CommentsPermalink





SEC. 13 (b) EMERGENCY ACTION REGULATIONS- The Secretary shall initiate a rulemaking proceeding to prescribe the circumstances and conditions under which the exception in section 212(b)(2)(E) of the Coral Reef Conservation Act of 2000, as amended by subsection (a), applies and shall issue a final rule pursuant to that rulemaking as soon as practicable but not later than 1 year after the date of enactment of this Act. Nothing in this subsection shall be construed to require the issuance of such regulations before the exception provided by that section is in effect. CommentsClose CommentsPermalink

SEC. 14. DESTRUCTION OF CORAL REEFS.

The Act (16 U.S.C. 6401 et seq.) is further amended by inserting after section 2112, as added by section 123, the following: CommentsClose CommentsPermalink

`SEC. 2123. DESTRUCTION, LOSS, OR TAKING OF, OR INJURY TO, CORAL REEFS.

`(a) Liability-CommentsClose CommentsPermalink





`(1) LIABILITY TO THE UNITED STATES- Except as provided in subsection (f), all persons who engage in an activity that is prohibited under subsections [Struck out->](a) or (c) of section 211,[<-Struck out] (b) or (d) of section 212, or create an imminent risk thereof, are liable, jointly and severally, to the United States for an amount equal to the sum of--CommentsClose CommentsPermalink





`(A) response costs and damages resulting from the destruction, loss, taking, or injury, or imminent risk thereof, including damages resulting from the response actions;CommentsClose CommentsPermalink





`(B) costs of seizure, forfeiture, storage, and disposal arising from liability under this section; andCommentsClose CommentsPermalink





`(C) interest on that amount calculated in the manner described in section 1005 of the Oil Pollution Act of 1990 (33 U.S.C. 2705).CommentsClose CommentsPermalink





`(2) Liability in rem-CommentsClose CommentsPermalink





`(A) Any vessel used in an activity that is prohibited under subsection [Struck out->](a) or (c) of section 211,[<-Struck out] (b) or (d) of section 212, or creates an imminent risk thereof, shall be liable in rem to the United States for an amount equal to the sum of--CommentsClose CommentsPermalink





`(i) response costs and damages resulting from such destruction, loss, or injury, or imminent risk thereof, including damages resulting from the response actions;CommentsClose CommentsPermalink





`(ii) costs of seizure, forfeiture, storage, and disposal arising from liability under this section; andCommentsClose CommentsPermalink





`(iii) interest on that amount calculated in the manner described in section 1005 of the Oil Pollution Act of 1990 (33 U.S.C. 2705).CommentsClose CommentsPermalink





`(B) The amount of liability shall constitute a maritime lien on the vessel and may be recovered in an action in rem in any district court of the United States that has jurisdiction over the vessel.CommentsClose CommentsPermalink





`(3) DEFENSES- A person or vessel is not liable under this subsection if that person or vessel establishes that the destruction, loss, taking, or injury was caused solely by an act of God, an act of war, or an act or omission of a third party (other than an employee or agent of the defendant or one whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly with the defendant), and the person or master of the vessel acted with due care.CommentsClose CommentsPermalink





`(4) NO LIMIT TO LIABILITY- Nothing in sections 30501 through 30512 or section 30706 of title 46, United States Code, shall limit liability to any person under this title.CommentsClose CommentsPermalink





`(b) Response Actions and Damage Assessment-CommentsClose CommentsPermalink





`(1) RESPONSE ACTIONS- The Secretary may undertake or authorize all necessary actions to prevent or minimize the destruction, loss, or taking of, or injury to, coral reefs, or components thereof, or to minimize the risk or imminent risk of such destruction, loss, or injury.CommentsClose CommentsPermalink





`(2) Damage assessment-CommentsClose CommentsPermalink





`(A) The Secretary shall assess damages (as defined in section 220 [Struck out->]220(8))[<-Struck out] 221(8)) to coral reefs and shall consult with State officials regarding response and damage assessment actions undertaken for coral reefs within State waters.CommentsClose CommentsPermalink





`(B) There shall be no double recovery under this chapter for coral reef damages, including the cost of damage assessment, for the same incident.CommentsClose CommentsPermalink





`(c) Commencement of Civil Action for Response Costs and Damages-CommentsClose CommentsPermalink





`(1) COMMENCEMENT- The Attorney General, upon the request of the Secretary, may commence a civil action against any person or vessel that may be liable under subsection (a) of this section for response costs, seizure, forfeiture, storage, or disposal costs, and damages, and interest on that amount calculated in the manner described in section 1005 of the Oil Pollution Act of 1990 (33 U.S.C. 2705). The Secretary, acting as trustee for coral reefs for the United States, shall submit a request for such an action to the Attorney General whenever a person or vessel may be liable for such costs or damages.CommentsClose CommentsPermalink





`(2) VENUE IN CIVIL ACTIONS- A civil action under this title may be brought in the United States district court for any district in which--CommentsClose CommentsPermalink





`(A) the defendant is located, resides, or is doing business, in the case of an action against a person;CommentsClose CommentsPermalink





`(B) the vessel is located, in the case of an action against a vessel;CommentsClose CommentsPermalink





`(C) the destruction, loss, or taking of, or injury to a coral reef, or component thereof, occurred or in which there is an imminent risk of such destruction, loss, or injury; orCommentsClose CommentsPermalink





`(D) where some or all of the coral reef or component thereof that is the subject of the action is not within the territory covered by any United States district court, such action may be brought either in the United States district court for the district closest to the location where the destruction, loss, injury, or risk of injury occurred, or in the United States District Court for the District of Columbia.CommentsClose CommentsPermalink





`(d) USE OF RECOVERED AMOUNTSse of Recovered Amounts- CommentsClose CommentsPermalink





`(1) IN GENERAL- Any costs, including response costs and damages recovered by the Secretary under this section shall-- CommentsClose CommentsPermalink





`(1A) be deposited into an account or accounts in the Damage Assessment Restoration Revolving Fund established by the Department of Commerce Appropriations Act, 1991 (33 U.S.C. 2706 note), or the Natural Resource Damage Assessment and Restoration Fund established by the Department of the Interior and Related Agencies Appropriations Act, 1992 (43 U.S.C. 1474b), as appropriate given the location of the violation; CommentsClose CommentsPermalink





`(2B) be available for use by the Secretary without further appropriation and remain available until expended; and CommentsClose CommentsPermalink





`(3C) be for use, as the Secretary considers appropriate-- CommentsClose CommentsPermalink





`(Ai) to reimburse the Secretary or any other Federal or State agency that conducted activities under subsection (a) or (b) of this section for costs incurred in conducting the activity; CommentsClose CommentsPermalink





`(Bii) to be transferred to the Emergency Response, Stabilization and Restoration Account established under section 208(d) to reimburse that account for amounts used for authorized emergency actions; and CommentsClose CommentsPermalink





`(Ciii) after reimbursement of such costs, to restore, replace, or acquire the equivalent of any coral reefs, or components thereof, including the reasonable costs of monitoring, or to minimize or prevent threats of equivalent injury to, or destruction of coral reefs, or components thereof. CommentsClose CommentsPermalink





`(2) RESTORATION CONSIDERATIONS- In development of restoration alternatives under paragraph (1)(C), the Secretary shall consider State and territorial preferences and, if appropriate, shall prioritize restoration projects with geographic and ecological linkages to the injured resources. CommentsClose CommentsPermalink





`(e) STATUTE OF LIMITATIONS- An action for response costs or damages under subsection (c) shall be barred unless the complaint is filed within 3 years after the date on which the Secretary completes a damage assessment and restoration plan for the coral reefs, or components thereof, to which the action relates. [Struck out->]If the Secretary fails to complete such damage assessment and restoration plan within one year after discovery of the damage, then for the purposes of this subsection such assessment and plan shall be deemed to have been completed by the Secretary on the 366th day following discovery of the damage.[<-Struck out]CommentsClose CommentsPermalink





`(f) FEDERAL GOVERNMENT ACTIVITIES- In the event of threatened or actual destruction of, loss of, or injury to a coral reef or component thereof resulting from an incident caused by a component of any Department or agency of the United States Government, the cognizant Department or agency shall satisfy its obligations under this section by promptly, in coordination with the Secretary, taking appropriate actions to respond to and mitigate the harm and restoring or replacing the coral reef or components thereof and reimbursing the Secretary for all assessment costs.'.CommentsClose CommentsPermalink

SEC. 15. ENFORCEMENT.

The Act (16 U.S.C. 6401 et seq.) is further amended by inserting after section 2123, as added by section 134, the following: CommentsClose CommentsPermalink

`SEC. 2134. ENFORCEMENT.

`(a) IN GENERAL- The Secretary shall conduct enforcement activities to carry out this title.CommentsClose CommentsPermalink





`(b) POWERS OF AUTHORIZED OFFICERS- Any person who is authorized to enforce this title may--CommentsClose CommentsPermalink





`(1) board, search, inspect, and seize any vessel or other conveyance suspected of being used to violate this title, any regulation promulgated under this title, or any permit issued under this title, and any equipment, stores, and cargo of such vessel;CommentsClose CommentsPermalink





`(2) seize wherever found any component of coral reef taken or retained in violation of this title, any regulation promulgated under this title, or any permit issued under this title;CommentsClose CommentsPermalink





`(3) seize any evidence of a violation of this title, any regulation promulgated under this title, or any permit issued under this title;CommentsClose CommentsPermalink





`(4) execute any warrant or other process issued by any court of competent jurisdiction;CommentsClose CommentsPermalink





`(5) exercise any other lawful authority; andCommentsClose CommentsPermalink





`(6) arrest any person, if there is reasonable cause to believe that such person has committed an act prohibited by section 211 [Struck out->]211.[<-Struck out] 212.CommentsClose CommentsPermalink





`(c) Civil Enforcement and Permit Sanctions-CommentsClose CommentsPermalink





`(1) CIVIL ADMINISTRATIVE PENALTY- Any person subject to the jurisdiction of the United States who violates this title or any regulation promulgated or permit issued hereunder, shall be liable to the United States for a civil administrative penalty of not more than $200,000 for each such violation, to be assessed by the Secretary. Each day of a continuing violation shall constitute a separate violation. In determining the amount of civil administrative penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, and any history of prior violations, and such other matters as justice may require. In assessing such penalty, the Secretary may also consider information related to the ability of the violator to pay.CommentsClose CommentsPermalink





`(2) PERMIT SANCTIONS- For any person subject to the jurisdiction of the United States who has been issued or has applied for a permit under this title, and who violates this title or any regulation or permit issued under this title, the Secretary may deny, suspend, amend, or revoke in whole or in part any such permit. For any person who has failed to pay or defaulted on a payment agreement of any civil penalty or criminal fine or liability assessed pursuant to any natural resource law administered by the Secretary, the Secretary may deny, suspend, amend or revoke in whole or in part any permit issued or applied for under this title.CommentsClose CommentsPermalink





`(3) IMPOSITION OF CIVIL JUDICIAL PENALTIES- Any person who violates any provision of this title, any regulation promulgated or permit issued thereunder, shall be subject to a civil judicial penalty not to exceed $250,000 for each such violation. Each day of a continuing violation shall constitute a separate violation. The Attorney General, upon the request of the Secretary, may commence a civil action in an appropriate district court of the United States, and such court shall have jurisdiction to award civil penalties and such other relief as justice may require. In determining the amount of a civil penalty, the court shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior violations, and such other matters as justice may require. In imposing such penalty, the district court may also consider information related to the ability of the violator to pay.CommentsClose CommentsPermalink





`(4) NOTICE- No penalty or permit sanction shall be assessed under this subsection until after the person charged has been given notice and an opportunity for a hearing.CommentsClose CommentsPermalink





`(5) IN REM JURISDICTION- A vessel used in violating this title, any regulation promulgated under this title, or any permit issued under this title, shall be liable in rem for any civil penalty assessed for such violation. Such penalty shall constitute a maritime lien on the vessel and may be recovered in an action in rem in the district court of the United States having jurisdiction over the vessel.CommentsClose CommentsPermalink





`(6) COLLECTION OF PENALTIES- If any person fails to pay an assessment of a civil penalty under this section after it has become a final and unappealable order, or after the appropriate court has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General, who shall recover the amount assessed in any appropriate district court of the United States (plus interest at current prevailing rates from the date of the final order). In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review. Any person who fails to pay, on a timely basis, the amount of an assessment of a civil penalty shall be required to pay, in addition to such amount and interest, attorney's fees and costs for collection proceedings and a quarterly nonpayment penalty for each quarter during which such failure to pay persists. Such nonpayment penalty shall be in an amount equal to 20 percent of the aggregate amount of such person's penalties and nonpayment penalties that are unpaid as of the beginning of such quarter.CommentsClose CommentsPermalink





`(7) COMPROMISE OR OTHER ACTION BY SECRETARY- The Secretary may compromise, modify, or remit, with or without conditions, any civil administrative penalty or permit sanction which is or may be imposed under this section and that has not been referred to the Attorney General for further enforcement action.CommentsClose CommentsPermalink





`(8) JURISIDICTION- The several district courts of the United States shall have jurisdiction over any actions brought by the United States arising under this section. For the purpose of this section, American Samoa shall be included within the judicial district of the District Court of the United States for the District of Hawaii. Each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred, but also in any other district as authorized by law.CommentsClose CommentsPermalink





`(d) Forfeiture-CommentsClose CommentsPermalink





`(1) CRIMINAL FORFEITURE- A person who is convicted of an offense in violation of this title shall forfeit to the United States--CommentsClose CommentsPermalink





`(A) any property, real or personal, constituting or traceable to the gross proceeds taken, obtained, or retained, in connection with or as a result of the offense, including, without limitation, any coral reef or coral reef component (or the fair market value thereof); andCommentsClose CommentsPermalink





`(B) any property, real or personal, used or intended to be used, in any manner, to commit or facilitate the commission of the offense, including, without limitation, any vessel (including the vessel's equipment, stores, catch and cargo), vehicle, aircraft, or other means of transportation.CommentsClose CommentsPermalink





Pursuant to section 2461(c) of title 28, United States Code, the provisions of section 413 of the Controlled Substances Act (21 U.S.C. 853) other than subsection (d) thereof shall apply to criminal forfeitures under this section.CommentsClose CommentsPermalink





`(2) CIVIL FORFEITURE- The property set forth below shall be forfeited [Struck out->]shall be forfeited[<-Struck out] shall be subject to forfeiture to the United States in accordance with the provisions of chapter 46 of title 18, United States Code, and no property right shall exist in it:CommentsClose CommentsPermalink





`(A) Any property, real or personal, constituting or traceable to the gross proceeds taken, obtained, or retained, in connection with or as a result of a violation of this title, including, without limitation, any coral reef or coral reef component (or the fair market value thereof).CommentsClose CommentsPermalink





`(B) Any property, real or personal, used or intended to be used, in any manner, to commit or facilitate the commission of a violation of this title, including, without limitation, any vessel (including the vessel's equipment, stores, catch and cargo), vehicle, aircraft, or other means of transportation.CommentsClose CommentsPermalink





`(3) APPLICATION OF THE CUSTOMS LAWS- All provisions of law relating to seizure, summary judgment, and judicial forfeiture and condemnation for violation of the customs laws, the disposition of the property forfeited or condemned or the proceeds from the sale thereof, the remission or mitigation of such forfeitures, and the compromise of claims shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this title, insofar as applicable and not inconsistent with the provisions hereof. For seizures and forfeitures of property under this section by the Secretary, such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs law may be performed by such officers as are designated by the Secretary or, upon request of the Secretary, by any other agency that has authority to manage and dispose of seized property.CommentsClose CommentsPermalink





`(4) PRESUMPTION- For the purposes of this section there is a rebuttable presumption that all coral reefs, or components thereof, found on board a vessel that is used or seized in connection with a violation of this title or of any regulation promulgated under this title were taken, obtained, or retained in violation of this title or of a regulation promulgated under this title.CommentsClose CommentsPermalink





`(e) PAYMENT OF STORAGE, CARE, AND OTHER COSTS- Any person assessed a civil penalty for a violation of this title or of any regulation promulgated under this title and any claimant in a forfeiture action brought for such a violation, shall be liable for the reasonable costs incurred by the Secretary in storage, care, and maintenance of any property seized in connection with the violation.CommentsClose CommentsPermalink





`(f) Expenditures-CommentsClose CommentsPermalink





`(1) Notwithstanding section 3302 of title 31, United States Code, or section 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861), amounts received by the United States as civil penalties under subsection (c) of this section, forfeitures of property under subsection (d) of this section, and costs imposed under subsection (e) of this section, shall--CommentsClose CommentsPermalink





`(A) be placed into an account;CommentsClose CommentsPermalink





`(B) be available for use by the Secretary without further appropriation; andCommentsClose CommentsPermalink





`(C) remain available until expended.CommentsClose CommentsPermalink





`(2) Amounts received under this section for forfeitures under subsection (d) and costs imposed under subsection (e) shall be used to pay the reasonable and necessary costs incurred by the Secretary to provide temporary storage, care, maintenance, and disposal of any property seized in connection with a violation of this title or any regulation promulgated under this title.CommentsClose CommentsPermalink





`(3) Amounts received under this section as civil penalties under subsection (c) of this section and any amounts remaining after the operation of paragraph (2) of this subsection shall--CommentsClose CommentsPermalink





`(A) be used to stabilize, restore, or otherwise manage the coral reef with respect to which the violation occurred that resulted in the penalty or forfeiture;CommentsClose CommentsPermalink





`(B) be transferred to the Emergency Response, Stabilization, and Restoration Account established under section 208(d) or an account described in section 212 [Struck out->]212(d)(1)[<-Struck out] 213(d)(1) of this title, to reimburse such account for amounts used for authorized emergency actions;CommentsClose CommentsPermalink





`(C) be used to conduct monitoring and enforcement activities;CommentsClose CommentsPermalink





`(D) be used to conduct research on techniques to stabilize and restore coral reefs;CommentsClose CommentsPermalink





`(E) be used to conduct activities that prevent or reduce the likelihood of future damage to coral reefs;CommentsClose CommentsPermalink





`(F) be used to stabilize, restore or otherwise manage any other coral reef; orCommentsClose CommentsPermalink





`(G) be used to pay a reward to any person who furnishes information leading to an assessment of a civil penalty, or to a forfeiture of property, for a violation of this title or any regulation promulgated under this title.CommentsClose CommentsPermalink





`(g) Criminal Enforcement-CommentsClose CommentsPermalink





`(1) Any person (other than a foreign government or any entity of such government) who knowingly commits any act prohibited by section 211(b [Struck out->]211(b)[<-Struck out] 212(c) of this title shall be imprisoned for not more than 5 years and shall be fined not more than $500,000 for individuals or $1,000,000 for an organization; except that if in the commission of any such offense the individual uses a dangerous weapon, engages in conduct that causes bodily injury to any officer authorized to enforce the provisions of this title, or places any such officer in fear of imminent bodily injury, the maximum term of imprisonment is not more than 10 years.CommentsClose CommentsPermalink





`(2) Any person (other than a foreign government or any entity of such government) who knowingly violates subsection [Struck out->](a) or (c) of section 211[<-Struck out] (b), (d), or (e) of section 212 shall be fined under title 18, United States Code, or imprisoned not more than 5 years or both.CommentsClose CommentsPermalink





`(3) Any person (other than a foreign government or any entity of such government) who violates subsection (b), (d), or (e) of section 212, and who, in the exercise of due care should know that such person's conduct violates subsection (b), (d), or (e) of section 212, shall be fined under title 18, United States Code, or imprisoned not more than 1 year, or both. CommentsClose CommentsPermalink





` [Struck out->](3)[<-Struck out] (4) The several district courts of the United States shall have jurisdiction over any actions brought by the United States arising under this subsection. For the purpose of this subsection, American Samoa shall be included within the judicial district of the District Court of the United States for the District of Hawaii. Each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred, but also in any other district as authorized by law. Any offenses not committed in any district are subject to the venue provisions of section 3238 of title 18, United States Code.CommentsClose CommentsPermalink





`(h) SUBPOENAS- In the case of any investigation or hearing under this section or any other natural resource statute administered by the National Oceanic and Atmospheric Administration which is determined on the record in accordance with the procedures provided for under section 554 of title 5, United States Code, the Secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, electronic files, and documents, and may administer oaths.CommentsClose CommentsPermalink





`(i) COAST GUARD AUTHORITY NOT LIMITED- Nothing in this section shall be considered to limit the authority of the Coast Guard to enforce this or any other Federal law under section 89 of title 14, United States Code.CommentsClose CommentsPermalink





`(j) Injunctive Relief-CommentsClose CommentsPermalink





`(1) If the Secretary determines that there is an imminent risk of destruction or loss of or injury to a coral reef, or that there has been actual destruction or loss of, or injury to, a coral reef which may give rise to liability under section 212[Struck out->]212[<-Struck out] 213 of this title, the Attorney General, upon request of the Secretary, shall seek to obtain such relief as may be necessary to abate such risk or actual destruction, loss, or injury, or to restore or replace the coral reef, or both. The district courts of the Unites States shall have jurisdiction in such a case to order such relief as the public interest and the equities of the case may require.CommentsClose CommentsPermalink





`(2) Upon the request of the Secretary, the Attorney General may seek to enjoin any person who is alleged to be in violation of any provision of this title, or any regulation or permit issued under this title, and the district courts shall have jurisdiction to grant such relief.CommentsClose CommentsPermalink





`(k) AREA OF APPLICATION AND ENFORCEABILITY- The area of application and enforceability of this title includes the internal waters of the United States, the territorial sea of the United States, as described in Presidential Proclamation 5928 of December 27, 1988, the Exclusive Economic Zone of the United States as described in Presidential Proclamation 5030 of March 10, 1983, and the continental shelf, consistent with international law.CommentsClose CommentsPermalink





`(l) NATIONWIDE SERVICE OF PROCESS- In any action by the United States under this title, process may be served in any district where the defendant is found, resides, transacts business, or has appointed an agent for the service of process, and for civil cases may also be served in a place not within the United States in accordance with rule 4 of the Federal Rules of Civil Procedure.CommentsClose CommentsPermalink





`(m) VENUE IN CIVIL ACTIONS- A civil action under this title may be brought in the United States district court for any district in which--CommentsClose CommentsPermalink





`(1) the defendant is located, resides, or is doing business, in the case of an action against a person;CommentsClose CommentsPermalink





`(2) the vessel is located, in the case of an action against a vessel;CommentsClose CommentsPermalink





`(3) the destruction of, loss of, or injury to a coral reef, or component thereof, occurred or in which there is an imminent risk of such destruction, loss, or injury; orCommentsClose CommentsPermalink





`(4) where some or all of the coral reef or component thereof that is the subject of the action is not within the territory covered by any United States district court, such action may be brought either in the United States district court for the district closest to the location where the destruction, loss, injury, or risk of injury occurred, or in the United States District Court for the District of Columbia.'.CommentsClose CommentsPermalink

SEC. 16. PERMITS.

The Act (16 U.S.C. 6401 et seq.) is further amended by inserting after section 2134, as added by section 14, the following: CommentsClose CommentsPermalink

`SEC. 2145. PERMITS.

`(a) IN GENERAL- The Secretary may allow for the conduct of--CommentsClose CommentsPermalink





`(1) bona fide research, andCommentsClose CommentsPermalink





`(2) activities that would otherwise be prohibited by this title or regulations issued thereunder,CommentsClose CommentsPermalink





through issuance of coral reef conservation permits in accordance with regulations issued under this title.CommentsClose CommentsPermalink





`(b) LIMITATION OF NON-RESEARCH ACTIVITIES- The Secretary may not issue a permit for activities other than for bona fide research unless the Secretary finds--CommentsClose CommentsPermalink





`(1) the activity proposed to be conducted is compatible with one or more of the purposes in section 202(b) of this title;CommentsClose CommentsPermalink





`(2) the activity conforms to the provisions of all other laws and regulations applicable to the area for which such permit is to be issued; andCommentsClose CommentsPermalink





`(3) there is no practicable alternative to conducting the activity in a manner that destroys, causes the loss of, or injures any coral reef or any component thereof.CommentsClose CommentsPermalink





`(c) TERMS AND CONDITIONS- The Secretary may place any terms and conditions on a permit issued under this section that the Secretary deems reasonable.CommentsClose CommentsPermalink





`(d) Fees-CommentsClose CommentsPermalink





`(1) ASSESSMENT AND COLLECTION- Subject to regulations issued under this title, the Secretary may assess and collect fees as specified in this subsection.CommentsClose CommentsPermalink





`(2) AMOUNT- Any fee assessed shall be equal to the sum of--CommentsClose CommentsPermalink





`(A) all costs incurred, or expected to be incurred, by the Secretary in processing the permit application, including indirect costs; andCommentsClose CommentsPermalink





`(B) if the permit is approved, all costs incurred, or expected to be incurred, by the Secretary as a direct result of the conduct of the activity for which the permit is issued, including costs of monitoring the conduct of the activity and educating the public about the activity and coral reef resources related to the activity.CommentsClose CommentsPermalink





`(3) USE OF FEES- Amounts collected by the Secretary in the form of fees under this section shall be collected and available for use only to the extent provided in advance in appropriations Acts and may be used by the Secretary for issuing and administering permits under this section.CommentsClose CommentsPermalink





`(4) WAIVER OR REDUCTION OF FEES- For any fee assessed under paragraph (2) of this subsection, the Secretary may--CommentsClose CommentsPermalink





`(A) accept in-kind contributions in lieu of a fee; orCommentsClose CommentsPermalink





`(B) waive or reduce the fee.CommentsClose CommentsPermalink





`(e) FISHING- Nothing in this section shall be considered to require a person to obtain a permit under this section for the conduct of any fishing activities not prohibited by this title or regulations issued thereunder.'.CommentsClose CommentsPermalink

SEC. 17. REGIONAL, STATE, AND TERRITORIAL COORDINATION.

.The Act (16 U.S.C. 6401 et seq.) is further amended by inserting after section 2145, as added by section 156, the following: CommentsClose CommentsPermalink

`SEC. 2156. REGIONAL, STATE, AND TERRITORIAL COORDINATION.

`(a) REGIONAL COORDINATION- The Secretary and other Federal members of the Coral Reef Task Force shall work in coordination and collaboration with other Federal agencies, States, and United States territorial governments to implement the strategies developed under section 203, including regional and local strategies, to address multiple threats to coral reefs and coral reef ecosystems such as coastal runoff, vessel impacts, and overharvesting.CommentsClose CommentsPermalink





`(b) RESPONSE AND RESTORATION ACTIVITIES- The Secretary shall, when appropriate, enter into a written agreement with any affected States with any States in which coral reefs are located regarding the manner in which response and restoration activities will be conducted within the affected State's waters. Nothing in this subsection shall be construed to limit Federal response and restoration activity authority before any such agreement is final. CommentsClose CommentsPermalink





`(c) COOPERATIVE ENFORCEMENT AGREEMENTS- All cooperative enforcement agreements in place between the Secretary and States affected by this title shall be updated to include enforcement of this title where appropriate.'.CommentsClose CommentsPermalink

SEC. 18. REGULATIONS.

The Act (16 U.S.C. 6401 et seq.) is further amended by inserting after section 2156, as added by section 167, the following: CommentsClose CommentsPermalink

`SEC. 2167. REGULATIONS.

`The Secretary may issue such regulations as are necessary and appropriate to carry out the purposes of this title. This title and any regulations promulgated under this title shall be applied in accordance with international law. No restrictions shall apply to or be enforced against a person who is not a citizen, national, or resident alien of the United States (including foreign flag vessels) unless in accordance with international law.'.CommentsClose CommentsPermalink

SEC. 19. EFFECTIVENESS REPORT.

Section 217 (formerly 8 (formerly16 U.S.C. 6407), as redesignated, is amended to read as follows: CommentsClose CommentsPermalink

`SEC. 2178. EFFECTIVENESS REPORT.

`Not later than March 1, 2009, and every 3 years thereafter, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report describing all activities undertaken to implement the strategy, including--CommentsClose CommentsPermalink





`(1) a description of the funds obligated by each participating Federal agency to advance coral reef conservation during each of the 3 fiscal years next preceding the fiscal year in which the report is submitted;CommentsClose CommentsPermalink





`(2) a description of Federal interagency and cooperative efforts with States and United States territories to prevent or address overharvesting, coastal runoff, or other anthropogenic impacts on coral reefs, including projects undertaken with the Department of Interior, Department of Agriculture, the Environmental Protection Agency, and the United States Army Corps of Engineers;CommentsClose CommentsPermalink





`(3) a summary of the information contained in the vessel grounding inventory established under section 210, including additional authorization or funding, needed for response and removal of such vessels;'CommentsClose CommentsPermalink





`(4) a description of Federal disaster response actions taken pursuant to the National Response Plan to address damage to coral reefs and coral reef ecosystems; andCommentsClose CommentsPermalink





`(5) an assessment of the condition of United States coral reefs, accomplishments under this Act, and the effectiveness of management actions to address threats to coral reefs.'.CommentsClose CommentsPermalink

SEC. 20. AUTHORIZATION OF APPROPRIATIONS.

Section 218 (formerly 9 (formerly16 U.S.C. 6408), as redesignated, is amended-- CommentsClose CommentsPermalink





(1) by striking `$16,000,000 for each of fiscal years 2001, 2002, 2003, and 2004,' in subsection (a) and inserting `$34,000,000 for fiscal year 2008, $36,000,000 for fiscal year 2009, $38,000,000 for fiscal year 2010, and $40,000,000 for each of fiscal years 2011 through 2014 [Struck out->]2014,[<-Struck out] 2012, of which no less than 30 percent per year (for each of fiscal years 2008 through 2014 [Struck out->]2014)[<-Struck out] 2012) shall be used for the grant program under section 204 and up to 10 percent per year shall be used for the Fund established under section 205(a),';CommentsClose CommentsPermalink





(2) by striking `$1,000,000' in subsection (b) and inserting `$2,000,000';CommentsClose CommentsPermalink





(3) by striking subsection (c) and inserting the following:CommentsClose CommentsPermalink





`(c) COMMUNITY-BASED PLANNING GRANTS- There is authorized to be appropriated to the Secretary to carry out section 209 [Struck out->]209[<-Struck out] 210 the sum of $8,000,000 for fiscal years 2007 [Struck out->]2007[<-Struck out] 2008 through 2012, such sum to remain available until expended.'; andCommentsClose CommentsPermalink





(4) by striking subsection (d).SEC. 20 and inserting the following: CommentsClose CommentsPermalink





`(d) INTERNATIONAL CORAL REEF CONSERVATION PROGRAM- There are authorized to be appropriated to the Secretary to carry out section 209 $5,000,000 for fiscal year 2008, and $10,000,000 for fiscal years 2009 through 2012, such sums to remain available until expended.'. CommentsClose CommentsPermalink

SEC. 21. JUDICIAL REVIEW.

The Act (16 U.S.C. 6401 et seq.) is further amended by inserting after section 218, as amended by section 199, as amended by section 20, the following: CommentsClose CommentsPermalink

`SEC. 21920. JUDICIAL REVIEW.

`(a) IN GENERAL- Judicial review of any action taken by the Secretary under this title shall be in accordance with sections 701 through 706 of title 5, United States Code, except that--CommentsClose CommentsPermalink





`(1) review of any final agency action of the Secretary taken pursuant to sections 211(c)(1) and 211 [Struck out->]211(c)(1) and 211(c)(2)[<-Struck out] 214(c)(1) and 214(c)(2) may be had only by the filing of a complaint by an interested person in the United States District Court for the appropriate district within 30 days after the date such final agency action is taken; andCommentsClose CommentsPermalink





`(2) review of all other final agency actions of the Secretary under this title may be had only by the filing of a petition for review by an interested person in the Circuit Court of Appeals of the United States for the Federal District of Columbia Circuit or for the Federal judicial district in which such person resides or transacts business which is directly affected by the action taken within 120 days after the date such final agency action is taken.CommentsClose CommentsPermalink





`(b) NO REVIEW IN ENFORCEMENT PROCEEDINGS- Final agency action with respect to which review could have been obtained under subsection (a)(2) shall not be subject to judicial review in any civil or criminal proceeding for enforcement.CommentsClose CommentsPermalink





`(c) COST OF LITIGATION- In any judicial proceeding under subsection (a), the court may award costs of litigation (including reasonable attorney and expert witness fees) to any prevailing party whenever it determines that such award is appropriate.'.CommentsClose CommentsPermalink

SEC. 22. DEFINITIONS.

Section 220 (formerly 1 (formerly16 U.S.C. 6409), as redesignated, is amended to read as follows: CommentsClose CommentsPermalink

`SEC. 2201. DEFINITIONS.

`In this title:CommentsClose CommentsPermalink





`(1) BIODIVERSITY- The term `biodiversity' means the variability among living organisms from all sources including, inter alia, terrestrial, marine, and other aquatic ecosystems and the ecological complexes of which they are part, including diversity within species, between species, and of ecosystems.CommentsClose CommentsPermalink





`(2) CONSERVATION- The term `conservation' means the use of methods and procedures necessary to preserve or sustain corals and associated species and habitat as resilient, diverse, viable, and self-perpetuating coral reef ecosystems, including all activities associated with resource management (such as assessment, conservation, protection, restoration, sustainable use, and management of habitat, mapping, habitat [Struck out->]habitat[<-Struck out] monitoring, assistance in the development of management strategies for marine protected areas and marine resources consistent with the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), law enforcement, conflict resolution initiatives, and community outreach and education) that promote safe and ecologically sound navigation.CommentsClose CommentsPermalink





`(3) CORAL- The term `coral' means species of the phylum Cnidaria, including--CommentsClose CommentsPermalink





`(A) all species of the orders Antipatharia (black corals), Scleractinia (stony corals), Gorgonacea (horny corals), Stolonifera (organpipe corals and others), Alcyonacea (soft corals), and Helioporacea (blue coral) of the class Anthozoa; andCommentsClose CommentsPermalink





`(B) all species of the families Milleporidea (fire corals) and Stylasteridae (stylasterid hydrocorals) of the class Hydrozoa.CommentsClose CommentsPermalink





`(4) CORAL REEF- The term `coral reef' means limestone structures composed in whole or in part of living corals, as described in paragraph (3), their skeletal remains, or both, and including other corals, associated sessile invertebrates and plants, and any adjacent or [Struck out->]any adjacent or[<-Struck out] associated seagrasses.CommentsClose CommentsPermalink





`(5) CORAL REEF COMPONENT- The term `coral reef component' means any part of a coral reef, including individual living or dead corals, associated sessile invertebrates and plants, and any adjacent or associated seagrasses.CommentsClose CommentsPermalink





`(6) CORAL REEF ECOSYSTEM- The term `coral reef ecosystem' means the system of coral reefs and geographically associated species, habitats, and environment, including any adjacent or associated mangroves and seagrass habitats, and the processes that control its dynamics.CommentsClose CommentsPermalink





`(7) CORAL PRODUCTS- The term `coral products' means any living or dead specimens, parts, or derivatives, or any product containing specimens, parts, or derivatives, of any species referred to in paragraph (3).CommentsClose CommentsPermalink





`(8) DAMAGES- The term `damages' includes--CommentsClose CommentsPermalink





`(A) compensation for--CommentsClose CommentsPermalink





`(i) the cost of replacing, restoring, or acquiring the equivalent of the coral reef, or component thereof; andCommentsClose CommentsPermalink





`(ii) the lost services of, or the value of the lost use of, the coral reef or component thereof, or the cost of activities to minimize or prevent threats of, equivalent injury to, or destruction of coral reefs or components thereof, pending restoration or replacement or the acquisition of an equivalent coral reef or component thereof;CommentsClose CommentsPermalink





`(B) the reasonable cost of damage assessments under section 212 [Struck out->]212;[<-Struck out] 213;CommentsClose CommentsPermalink





`(C) the reasonable costs incurred by the Secretary in implementing section 208(d);CommentsClose CommentsPermalink





`(D) the reasonable cost of monitoring appropriate to the injured, restored, or replaced resources;CommentsClose CommentsPermalink





`(E) the reasonable cost of curation, conservation and loss of contextual information of any coral encrusted archaeological, historical, and cultural resource;CommentsClose CommentsPermalink





`(F) the cost of legal actions under section 212 [Struck out->]212,[<-Struck out] 213, undertaken by the United States, associated with the destruction or loss of, or injury to, a coral reef or component thereof, including the costs of attorney time and expert witness fees; andCommentsClose CommentsPermalink





`(G) the indirect costs associated with the costs listed in subparagraphs (A) through (F) of this paragraph.CommentsClose CommentsPermalink





`(9) EMERGENCY ACTIONS- The term `emergency actions' means all necessary actions to prevent or minimize the additional destruction or loss of, or injury to, coral reefs or components thereof, or to minimize the risk of such additional destruction, loss, or injury.CommentsClose CommentsPermalink





`(10) EXCLUSIVE ECONOMIC ZONE- The term `Exclusive Economic Zone' means the waters of the Exclusive Economic Zone of the United States under Presidential Proclamation 5030, dated March 10, 1983.CommentsClose CommentsPermalink





`(11) PERSON- The term `person' means any individual, private or public corporation, partnership, trust, institution, association, or any other public or private entity, whether foreign or domestic, private person or entity, or any officer, employee, agent, Department, agency, or instrumentality of the Federal Government, of any State or local unit of government, or of any foreign government.CommentsClose CommentsPermalink





`(12) RESPONSE COSTS- The term `response costs' means the costs of actions taken or authorized by the Secretary to minimize destruction or loss of, or injury to, a coral reef, or component thereof, or to minimize the imminent risks of such destruction, loss, or injury, including costs related to seizure, forfeiture, storage, or disposal arising from liability under section 212[Struck out->]212.[<-Struck out] 213.CommentsClose CommentsPermalink





`(13) SECRETARY- The term `Secretary' means--CommentsClose CommentsPermalink





`(A) for purposes of sections 201 through [Struck out->]210, sections 217 through 219,[<-Struck out] 211, sections 218 through 220, and the other paragraphs of this section, the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration; andCommentsClose CommentsPermalink





`(B) for purposes of sections 211 through 219 [Struck out->]211 through 219--[<-Struck out] 212 through 220--CommentsClose CommentsPermalink





`(i) the Secretary of the Interior for any coral reef or component thereof located in (I) the National Wildlife Refuge System, (II) the National Park System, and (III) the waters surrounding Wake Island under the jurisdiction of the Secretary of the Interior, as set forth in Executive Order 11048 (27 Fed. Reg. 8851 (September 4, 1962)); orCommentsClose CommentsPermalink





`(ii) the Secretary of Commerce for any coral reef or component thereof located in any area not described in clause (i).CommentsClose CommentsPermalink





`(14) SERVICE- The term `service' means functions, ecological or otherwise, performed by a coral reef or component thereof.CommentsClose CommentsPermalink





`(15) STATE- The term `State' means any State of the United States that contains a coral reef ecosystem within its seaward boundaries, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands, and any other territory or possession of the United States, or separate sovereign in free association with the United States, that contains a coral reef ecosystem within its seaward boundaries.CommentsClose CommentsPermalink





`(16) TERRITORIAL SEA- The term `Territorial Sea' means the waters of the Territorial Sea of the United States under Presidential Proclamation 5928, dated December 27, 1988.'.CommentsClose CommentsPermalink