Ocean Habitat Protection Act - Amends the Magnuson-Stevens Fishery Conservation and Management Act to prohibit the use of bottom trawls with rollers, bobbins, tires, rockhoppers, or any other device affixed to the footrope and in excess of eight inches in diameter, for fishing that is subject to the jurisdiction of the United States, including fishing by a U.S. vessel beyond the equivalent of the exclusive economic zone of all countries.
Permits the Secretary of Commerce or his designee to exempt from this prohibition fishing in the exclusive economic zone if the Council having jurisdiction over the area submits to the Secretary: (1) substantial evidence that the area is composed predominately of sand and mud bottom and that the prohibited devices are necessary to prevent a significant increase from rates of bycatch of non-target managed species, or to provide other significant benefits; (2) the geographic boundaries of the area; and (3) a credible and effective vessel monitoring plan of bottom trawl fishing in the area that is adopted by the Secretary.
Authorizes the Secretary to provide to the owner of a qualified fishing vessel: (1) the depreciated cost of prohibited fishing devices that are part of the fishing gear of a vessel on the date of the enactment of this Act, and are disposed of in an approved manner; (2) the cost of converting trawl nets to compliance; and (3) payment for cessation of trawling.
Requires the Secretary to provide economic assistance to the owners and crew members of any qualified fishing vessel that ceases fishing in bottom trawl fisheries and does not continue fishing in other fisheries.
Requires the Secretary to undertake a program to collect, and make available to Regional Fishery Management Councils, information and maps on diverse bottom habitats of the exclusive U.S. economic zone.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2673 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 2673
To protect diverse and structurally complex areas of the seafloor in
the United States exclusive economic zone by establishing a maximum
diameter size limit on rockhopper, roller, and all other groundgear
used on bottom trawls, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 26, 2005
Mr. Hefley (for himself, Mr. Kildee, Mrs. Davis of California, Mr.
Udall of Colorado, Mr. Holt, Mr. Honda, Mr. Cunningham, and Ms.
McCollum of Minnesota) introduced the following bill; which was
referred to the Committee on Resources
_______________________________________________________________________
A BILL
To protect diverse and structurally complex areas of the seafloor in
the United States exclusive economic zone by establishing a maximum
diameter size limit on rockhopper, roller, and all other groundgear
used on bottom trawls, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ocean Habitat Protection Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Complex seafloor habitats created by geologic
structures and structure-forming organisms are essential to the
maintenance of marine biodiversity and to numerous fish
species, including commercially and recreationally targeted
species, which rely on them for spawning, food, and shelter
from predation.
(2) The diverse fish and other marine species that are
associated with three-dimensional, structurally complex
seafloor habitats within the exclusive economic zone of the
United States--
(A) constitute valuable and renewable natural
resources;
(B) are an essential component of marine
biodiversity;
(C) contribute to the food supply, economy, and
health of the United States;
(D) support the economies of coastal communities;
and
(E) provide recreational opportunities.
(3) Living organisms, such as deep-sea corals and sponges,
which create complex habitat, have not been adequately studied
for their potential benefit to society or for their ecological
importance to fish species and other forms of marine life.
(4) Scientists now recognize deep-sea corals to be as
diverse as, and more widely distributed than, shallow, reef-
forming tropical corals.
(5) Deep-sea corals typically exhibit slow growth, extreme
longevity, and highly patchy distribution, predominating along
continental margins, sea mounts, and ridges.
(6) Deep-sea coral habitats are subject to growing human
pressures, particularly as a result of the rapid spread of
deep-sea trawl fisheries into new regions and new grounds,
aided by the explosive development of navigational, fish-
finding, and other technologies.
(7) The exceptional diversity, uniqueness, and
vulnerability of deep-sea corals necessitates that their
mapping and conservation be given a high priority.
(8) Bottom trawling reduces habitat complexity and
biological diversity by leveling geologic bedforms and by
killing, removing, crushing, burying, and exposing benthic
organisms, including deep-sea corals and sponges, to predators
and scavengers, thereby significantly reducing their value for
economically and ecologically important fishes and other marine
life. The resultant reduction in biodiversity is detrimental to
many commercially and recreationally important species and to
the industries and people that depend on them.
(9) In the past, the practice of bottom trawling was
conducted mainly on soft bottom areas, and was rarely used in
three-dimensional, structurally complex habitats.
(10) Technological modifications to bottom trawls,
including the creation of large rockhopper and roller gear and
chafing gear, facilitate the use of bottom trawls in rocky and
other complex marine habitats that were once refuges for fishes
and other marine life.
(11) The expansion in the use of bottom trawls from soft
bottom areas to three-dimensional, structurally complex
habitats over the past 25 years has had and continues to have
significant, adverse effects on the diversity and habitat
complexity of these areas, particularly on deep-sea corals and
sponges which, due to their fragility, slow growth, and
longevity, may take decades to centuries to recover from a
single pass of a trawl. With repeated trawling in the same
area, the damage may be irreversible.
(12) Numerous scientific studies show that bottom trawling
is especially damaging to three-dimensional, structurally
complex habitats such as corals, boulder fields, sponge beds,
and gravel bottoms. According to a National Research Council
report, ``there is enough information currently available to
support efforts to improve the management of the effects of
these fishing gears on seafloor habitats.''. (National Research
Council Report 2002, page 66).
(13) Prohibiting the use of large rockhopper, roller, and
other groundgear is a practical, precautionary, and enforceable
measure to protect structurally complex, benthic marine
habitats from the damaging effects of bottom trawling.
SEC. 3. PROHIBITION ON USE OF LARGE FOOTROPE DEVICES ON BOTTOM TRAWL
GEAR.
(a) Policy and Purpose.--
(1) Policy.--It is the policy of the United States that
essential fish habitat, including complexly structured bottom
habitats, be protected from damage in order to protect the
species that benefit from the habitat.
(2) Purpose.--The purpose of this section is to restrict
access of bottom trawls to complexly structured seafloor
habitats, composed of geologic and biogenic structures, that
are found scattered throughout the Federal exclusive economic
zone.
(b) Prohibition.--Section 307 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1857) is amended--
(1) by inserting ``(a) In General.--'' before ``It is
unlawful--''; and
(2) by adding at the end the following:
``(b) Bottom Trawl Fishing.--
``(1) Prohibition.--It is unlawful for any person to use a
bottom trawl with rollers, bobbins, tires, rockhoppers, or any
other devices that are affixed to the footrope (also known as
the sweep) and that are in excess of 8 inches in diameter, for
fishing that is subject to the jurisdiction of the United
States, including fishing by a vessel of the United States
beyond the equivalent of the exclusive economic zone of all
countries.
``(2) Exemption of fishing in certain areas.--Paragraph (1)
shall not apply to fishing in an area that is exempted by the
Secretary under paragraph (3).
``(3) Exempted fishing areas.--The Secretary may exempt
fishing in an area of the exclusive economic zone from the
prohibition under paragraph (1) if--
``(A) the Council having jurisdiction over the area
submits to the Secretary--
``(i) substantial evidence that--
``(I) the area is comprised
predominately of sand and mud bottom;
and
``(II) the use of rollers, bobbins,
or other rotating devices in excess of
8 inches in diameter that are affixed
to the footrope of bottom trawl nets
used for fishing in the area is
necessary to prevent a significant
increase from rates of bycatch of non-
target managed species as of the date
of the enactment of this subsection, or
to provide significant other benefits;
``(ii) the specific geographic boundaries
of the area; and
``(iii) a credible and effective vessel
monitoring plan that would require a vessel
monitoring system on board all vessels engaged
in bottom trawl fishing in the area; and
``(B) the Secretary--
``(i) determines that the evidence and plan
are satisfactory; and
``(ii) issues regulations that implement
the vessel monitoring plan.''.
(3) Effective date.--Section 307(b)(1) of the Magnuson-
Stevens Fishery Conservation and Management Act, as amended by
this subsection, shall take effect upon the expiration of the
1-year period beginning on the date of the enactment of this
Act, and shall apply to fishing after that period.
(4) Rebuttable presumption.--Section 310(e) of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1860(e)) is amended by adding at the end the following:
``(4) For purposes of this Act, it shall be a rebuttable
presumption that any vessel that is shoreward of the outer
boundary of the exclusive economic zone, or beyond the
equivalent zone of all countries, and that has on board gear
comprised of a trawl net with rollers, bobbins, tires,
rockhoppers, or any other devices attached to the footrope of
the trawl net that are in excess of 8 inches in diameter, is
engaged in fishing using such gear, unless--
``(A) the captain, master, or individual in charge
of the vessel has declared to the Secretary in the
manner prescribed by the Secretary in regulations,
prior to the trip, his or her intention to use the gear
in an area of mud or sand bottom covered by an
exemption under section 307(b)(3); and
``(B) the vessel has on board a functioning vessel
monitoring system required by regulations issued by the
Secretary under section 307(b)(3)(B)(ii).''.
SEC. 4. ASSISTANCE.
(a) Gear Transition Assistance.--The Secretary of Commerce may
provide to a person that is the owner of a qualified fishing vessel
under subsection (d), on a one-time basis, financial assistance in an
amount not to exceed $4,000 per qualified fishing vessel owned by the
person, to pay for any of the following:
(1) The depreciated cost of rockhoppers, rollers, tires,
bobbins, or other similar devices in excess of 8 inches in
diameter that are part of the fishing gear of the vessel on the
date of the enactment of this Act and that are disposed of in a
manner that is approved by the Secretary.
(2) The cost of converting trawl nets that are part of the
fishing gear of the vessel on the date of the enactment of this
Act to footrope gear that is 8 inches or less in diameter.
(b) Payment for Prompt Conversion.--The Secretary of Commerce may
provide to a person that is the owner of a qualified fishing vessel
under subsection (d) a one-time payment of $10,000, if the person, by
not later than 6 months after the date of the enactment of this Act--
(1) ceases to engage in trawling; and
(2) commits to not engage in fishing other than fishing
exclusively with fixed gear comprised solely of any combination
of fishpots, fishtraps, or hook-and-line gear.
(c) Economic Assistance.--
(1) Vessel owners and crews.--The Secretary of Commerce
shall, based on such factors as the Secretary considers to be
relevant, provide economic assistance to--
(A) the owner of a qualified fishing vessel who--
(i) applies within 6 months after the date
of the enactment of this Act, in the manner
prescribed by the Secretary in regulations, to
cease fishing in bottom trawl fisheries; and
(ii) does not continue fishing in other
fisheries; and
(B) any individual who is a member of the crew of a
qualified fishing vessel the owner of which applies
within 6 months after the date of the enactment of this
Act to cease fishing in bottom trawl fisheries.
(2) Included assistance.--Economic assistance under this
subsection may include--
(A) income assistance--
(i) for a period of not to exceed 2-years;
and
(ii) in an amount not to exceed the amount
of income earned by the vessel owner or crew
member, as applicable, in the taxable year
preceding the date of the application for
assistance that is attributable to the fishing
vessel or employment on the qualified fishing
vessel, as reported to the Internal Revenue
Service; and
(B) funds for training for nonfishery employment
that the Secretary determines reasonable, for a period
of not to exceed 2 years.
(3) Report.--The Secretary of Commerce shall, by not later
than 12 months after the date of the enactment of this Act,
submit a report to the Congress estimating the costs of
implementing this subsection.
(d) Qualified Fishing Vessels.--A vessel shall be a qualified
fishing vessel for purposes of this section if it is a vessel of the
United States authorized to be used for trawl fishing by a permit under
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.) that is in effect on date of enactment of this Act.
(e) Prohibition on Issuance of Trawl Permit.--The Secretary of
Commerce shall not issue any permit that authorizes trawl fishing by an
individual who receives economic assistance under this section.
SEC. 5. SCIENTIFIC INFORMATION ON SEAFLOOR HABITAT.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Commerce, in consultation with
the United States Geological Survey, shall--
(1) undertake a program to collect, and make available to
Regional Fishery Management Councils, information and maps on
the existence, location, composition, condition, and protected
status of the diverse bottom habitats of the exclusive economic
zone of the United States; and
(2) complete such program within 10 years after the date of
the enactment of this Act.
(b) Cooperation of Other Agencies and Councils.--The head of each
Federal agency and each Regional Fishery Management Council shall
cooperate with the Secretary to provide relevant information for
purposes of this section.
(c) Use of Information by Councils.--Each Regional Fishery
Management Council shall use the information made available by the
Secretary under subsection (a) as appropriate to make determinations
otherwise required by law regarding seafloor habitats that should be
protected from bottom trawling, other types of fishing gear, and other
types of human impacts.
(d) Reports.--The Secretary shall report to the Congress on the
progress made in carrying out the program under subsection (a), by not
later than 1 year after the date of the enactment of this Act and
annually thereafter.
SEC. 6. APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce--
(1) $8,000,000 for providing gear transition assistance
under section 4(a);
(2) such sums as may be necessary for--
(A) making payments under section 4(b); and
(B) providing economic assistance under section
4(c); and
(3) $100,000,000 for carrying out section 5.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Referred to the Subcommittee on Fisheries and Oceans.
Executive Comment Requested from Commerce.
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