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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8507 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8507
To provide for the designation of areas within which fishing activities
carried out using bottom trawls may be carried out.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 22, 2024
Mrs. Peltola introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To provide for the designation of areas within which fishing activities
carried out using bottom trawls may be carried out.
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 ``Bottom Trawl Clarity Act of 2024''.
SEC. 2. DEFINING SUBSTANTIAL BOTTOM CONTACT.
Not later than 18 months after the date of the enactment of this
Act, each Council that manages a fishery that allows the use of any
bottom trawl gear shall, after providing notice and an opportunity for
public comment, submit to the Secretary--
(1) a definition of the term ``substantial bottom contact''
as compared to the term ``limited bottom contact'' when used to
describe how often fishing gear interacts with the seafloor;
(2) a monitoring and enforcement plan to ensure that any
pelagic trawl fishing activity carried out within a fishery
managed by such Council has limited bottom contact; and
(3) a list of each gear type that has substantial bottom
contact based on the definition submitted under paragraph (1).
SEC. 3. DESIGNATION OF BOTTOM TRAWL ZONES.
(a) Initial Designations.--
(1) In general.--Not later than 1 year after the date on
which a Council completes the requirements of section 2, such
Council shall, after providing notice and an opportunity for
public comment, submit to the Secretary, and the Secretary
shall publish in the Federal Register--
(A) a list of each area within the jurisdiction of
such Council within which fishing activities using
bottom trawls were carried out during the 7-year period
ending on December 31, 2024; and
(B) a recommendation regarding each area identified
under subparagraph (A), or portion thereof, that is not
ineligible for designation under subsection (c) and
should be designated as a Bottom Trawl Zone under
paragraph (2).
(2) Designation process.--
(A) Proposed designation.--Not later than 9 months
after the date on which the recommendations of a
Council are published in the Federal Register pursuant
to subsection (a)(1)(B), the Secretary shall publish in
the Federal Register a proposed rule to designate as a
Bottom Trawl Zone each area, or portion thereof,
recommended for such designation by such Council as the
Secretary determines appropriate.
(B) Failure to recommend.--If a Council fails to
submit recommendations to the Secretary under paragraph
(1) by the deadline described in that paragraph, not
later than 1 year after such deadline, the Secretary,
after providing notice and an opportunity for public
comment, shall publish in the Federal Register a
proposed rule that--
(i) lists each area within the jurisdiction
of such Council within which fishing activities
using bottom trawls were carried out during the
7-year period ending on December 31, 2024; and
(ii) indicates each area identified under
clause (i), or portion thereof, that is not
ineligible for designation under subsection (c)
that the Secretary proposes to designate as a
Bottom Trawl Zone.
(C) Comment period.--The Secretary shall accept
comments on a proposed rule published under
subparagraph (A) or (B) for 60 days after the date of
such publication.
(D) Final designation.--
(i) In general.--Not later than 30 days
after the date on which a comment period
described in subparagraph (C) for a proposed
rule published under subparagraph (A) or (B)
ends, the Secretary shall designate as a Bottom
Trawl Zone each area, or portion thereof,
included in such proposed rule.
(ii) Publication.--The Secretary shall
publish in the Federal Register each
designation made under clause (i).
(b) Subsequent Designations.--
(1) In general.--After the initial designations of Bottom
Trawl Zones under subsection (a)(2), the Secretary, in
consultation with the relevant Council or upon the
recommendation of a Council, may designate as a Bottom Trawl
Zone an area, or portion thereof, within the jurisdiction of
such Council if--
(A) the area was not designated as a Bottom Trawl
Zone under subsection (a)(2);
(B) fishing activities using bottom trawls were
carried out within the area during the preceding 7-year
period; and
(C) the area is not ineligible for designation
under subsection (c).
(2) Designation process.--
(A) Proposed designation.--The Secretary shall
publish in the Federal Register a proposed rule to
designate as a Bottom Trawl Zone an area described in
paragraph (1).
(B) Comment period.--The Secretary shall accept
comments on a proposed rule published under
subparagraph (A) for 60 days after the date of such
publication.
(C) Final designation.--
(i) In general.--Not later than 30 days
after the date on which a comment period
described in subparagraph (B) for a proposed
rule published under subparagraph (A) ends, the
Secretary shall designate as a Bottom Trawl
Area each area, or portion thereof, included in
such proposed rule.
(ii) Publication.--The Secretary shall
publish in the Federal Register each
designation made under clause (i).
(c) Areas Ineligible for Designation.--An area may not be
designated as a Bottom Trawl Zone if--
(1) the Secretary determines there is evidence of the
presence of a deep sea coral and sponge ecosystem within the
area; or
(2) the area is designated pursuant to the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.) as--
(A) a Savings Area; or
(B) an otherwise protected area for a stock of
fish.
(d) Activities Within Bottom Trawl Zones.--As of the date on which
the Secretary designates an area as a Bottom Trawl Zone under
subsection (a)(2)(D), bottom trawls may only be used in an area that is
designated as a Bottom Trawl Zone.
SEC. 4. DEFINITIONS.
In this Act:
(1) Bottom trawl.--The term ``bottom trawl'' means, when
used within the jurisdiction of a Council, any trawl or dredge
fishing gear that makes substantial bottom contact with the
seafloor while in use, as defined by the Council or as
determined by the Secretary, as applicable.
(2) Bottom trawl zone.--The term ``Bottom Trawl Zone''
means an area within which bottom trawls may be used.
(3) Council.--The term ``Council'' means a Regional Fishery
Management Council established by section 302 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1852).
(4) Deep sea corals.--The term ``deep sea corals'' means
species that--
(A) occur at a depth of greater than 50 meters;
(B) do not contain symbiotic algae; and
(C) are in the phylum Cnidaria, in the order--
(i) Alcyonacea (soft corals);
(ii) Antipatharia (black corals);
(iii) Gorgonacea (horny corals);
(iv) Hydrocorallina (hydrocorals), in the
class Hydrozoa;
(v) Pennatulacea (sea pens), in the class
Anthozoa; or
(vi) Scleractinia (stony corals).
(5) Deep sea coral and sponge ecosystem.--The term ``deep
sea coral and sponge ecosystem'' means an ecosystem composed of
living deep sea corals or deep sea sponges, the benthic and
demersal species associated with such living deep sea corals or
deep sea sponges, and the biological, physical, chemical, and
geologic components that constitute habitat for living deep sea
corals or deep sea sponges.
(6) Deep sea sponges.--The term ``deep sea sponges'' means
species that--
(A) occur at a depth of greater than 50 meters; and
(B) are in the phylum Porifera.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
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