Reef keeping laws.

[AJ31655]

How real is the possibilty that the government might pass laws banning certain aspects of the marine aquarium hobby?

[maddyfish]

Well, certain caulerpa species are banned in certain places. Collecting live rock is illegal in Florida. I usually don't get political, but so long as the EPA, PETA, and the "progressive" movement are allowed to run unchecked, serious restrictions on reefkeeping are a real possibility.

[GreshamH]

Very real. Hawaiian coral live rock, Florida rock and corals, etc, ring any bells Sharks are banned form Arizona IIRC, and corals need to be CITES or from a reconized fisheries dept.

FWIW, there's been several bills in the recent years aimed at regulating parts of MO imports and sales. Sen. Ed Case of HI indroduced a lame duck bill just last year seeking regulating MO imports. A few years back, one was aimed at air transport of MO which would have been pretty bad, luckily it flopped.

Currently the is the United States Coral Reef Task Force that is looking at all aspects of the reefs, including MO and possiable recomendations of regulating MO activities. I'm sure you can find info on NOAA's site about the CRTF, or google it.

[GreshamH]

Not to mention the possiable bannation of live rock due to the fact it can be a carrier of the now federally listed noxious algea caulerpa.

[Ninja_Reefer]

caulerpa taxifolia is illegal here in Because its highly invasive

[Ninja_Reefer]

*California*

[GreshamH]

Hence being listed on the federal level as being noxious

FWIW, only southern CA has a problem with it, it really doesn't like 55 degrees for all that long Also not to mention they made all the "look alikes" illegal as well. We all know just how much racemosa and taxifolia look alike

[macman7010]

Originally posted by maddyfish
I usually don't get political, but so long as the EPA, PETA, and the "progressive" movement are allowed to run unchecked, serious restrictions on reefkeeping are a real possibility.

The reality of this is that progressive movement that you think needs to be "checked" is a standing of american values and morality. Without the EPA or PETA there would be little in the way of large corporations and private people destroying all our natural resources. There are some reefkeeping laws that need to be in place, and keeping certain fish and inverts, etc that are doomed in captivity should be totally outlawed.

[AJ31655]

Have they ever considered outlawing this first?
http://www.usshell.com/
These guys kill and dry seahorses, and sell them for all of $1.99!
Not to mention the 20 huge dead dries sea fans that are in the one hobby store I was just at alone, all from this company. I bet there were 100 dried starfish there.

[Mike R King]

something that you should be aware of:

http://www.reefs.org/phpBB2/viewtopic.php?t=72632

http://www.reefs.org/phpBB2/viewtopic.php?t=72598

Sorry about posting a RDO thread but the bills are quite long.

Mike

[GreshamH]

Originally posted by AJ31655
Have they ever considered outlawing this first?
http://www.usshell.com/
These guys kill and dry seahorses, and sell them for all of $1.99!
Not to mention the 20 huge dead dries sea fans that are in the one hobby store I was just at alone, all from this company. I bet there were 100 dried starfish there.

Not sure how they're still selling dead sea horses as they're a CITES item now. Just last week, the US F & W S nabbed around 28,000 destined for "medicinal" purposes.

If I were you, I'd call US Fish and Wildlife Service and have an agent check out that store.

[2004jeepoutlander]

thats horible about those sea horses i hoipe they go out of buisness.

[AJ31655]

No I saw 'em real seahorses, $1.99 dried and in a nice little package, even came with a free peice of genuine used fish netting. If you are really sure that it is illegal now I will call but I stuff like this needs set in stone proof before hand.

[GreshamH]

Nope, it doesn't really. The job of the field agent is to feel you out and see if your blowing smoke or if your truthfull. Call em, seahorses are CITES appendix 2, along with coral. If you won't, gimme the name/number via PM and I will.

If you mean proof that they're CITES appendix II, have a look here:

http://www.cites.org/eng/resources/species.html

and here:

http://www.redlist.org/

FWIW, these counties had a problem with them being listed as such:

Indonesia (ID), Japan (JP), Korea, Republic of (KR), Norway (NO)

Since your a LFS employee, ask your favorite wholesale if wild sea horses are CITES II now. FWIW, I've been in wholesale MO for a bit over 7 years now

[knowse]

sooose, youseguys don't have to hunt for it.

HR 3469 IH


109th CONGRESS

1st Session

H. R. 3469
To prohibit the import, export, and take of certain coral reef species, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

July 27, 2005
Mr. CASE introduced the following bill; which was referred to the Committee on Resources, and in addition to the Committees on Ways and Means and International Relations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned



--------------------------------------------------------------------------------


A BILL
To prohibit the import, export, and take of certain coral reef species, 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 `Coral Reef Conservation and Protection Act of 2005'.

SEC. 2. FINDINGS AND PURPOSE.

(a) Findings- Congress finds the following:

(1) Coral reefs and coral reef ecosystems are the marine equivalent of tropical rain forests, containing some of the richest biological diversity, habitats, and systems on Earth and supporting thousands of fish, invertebrates, algae, plankton, sea grasses, and other species.

(2) Coral reefs and coral reef ecosystems have great commercial, recreational, cultural, and aesthetic value to human communities as shoreline protection, areas of natural beauty, and sources of food, jobs, and pharmaceuticals, and are the focus of a wide variety of activities, including education, research, recreation, tourism, and fishing.

(3) Studies indicate that coral reef ecosystems in the United States and around the world are being degraded and severely threatened by human activities including land-based pollution, overfishing, destructive fishing practices, coastal development, vessel groundings, and climate change.

(4) Executive Order 13089 created the United States Coral Reef Task Force, which is chaired by the Secretary of the Interior and the Secretary of Commerce, to develop measures necessary to reduce and mitigate coral reef ecosystem degradation and to restore damaged coral reefs, assess the United States role in international trade and protection of coral reef species, and implement appropriate strategies and actions to promote conservation and sustainable use of coral reef resources.

(5) International trade in coral, other reef invertebrates, reef fish, live rock, and other coral products contributes to the decline and degradation of reefs, primarily through the use of destructive collection practices, overexploitation of resources, and loss of reef habitat.

(6) The United States is the largest importer of live coral, live rock, and marine fish for the aquarium trade and of coral skeletons and precious corals for souvenirs and jewelry.

(7) The harvest of live coral and wild live rock is of special concern because it removes essential components of reef habitats, increases erosion, and damages critical fisheries habitats.

(8) More than half of the fish imported into the United States for the marine aquarium market are estimated to be captured with the use of cyanide and other poisons which kill other coral reef species and the corals that form the reef framework, and these destructive fishing practices are becoming increasingly common in other countries to meet the growing worldwide demand for ornamental fish and live food fish.

(9) As many as 1/3 to 1/2 of the aquarium fish imported from Southeast Asia die shortly after arriving in the United States due to stress associated with handling and transport and the use of cyanide during capture, and such high mortality rates lead to continued pressure for extraction from the wild to maintain public and private collections.

(10) The United States, as the world's largest importer of coral reef species and products and as a party to the Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES), should play a substantial role in conserving and restoring coral reef ecosystems, including assisting other countries in developing and implementing coral reef conservation programs and ensuring that the market in the United States for coral reef species and products does not contribute to the detriment of the survival of the species in the wild or to the detriment of coral reef ecosystems.

(11) The United States should also exercise leadership in moving from a species-based sustainable management approach to an ecosystem-based approach.

(b) Purpose- The purpose of this Act is to provide a series of nondiscriminatory measures which are necessary for the conservation of coral reef species and further the obligations of the United States under CITES.

SEC. 3. PROHIBITION ON TAKING, IMPORTING, EXPORTING, AND TRANSPORTING CERTAIN CORAL REEF SPECIES.

(a) In General- Subject to section 4, it is unlawful for any person to--

(1) take any covered coral reef species within waters under the jurisdiction of the United States;

(2) import into or export from the United States any covered coral reef species;

(3) possess, sell, purchase, deliver, carry, transport, or receive in interstate or foreign commerce any covered coral reef species taken or imported in violation of paragraphs (1) or (2); or

(4) attempt to commit any act described in paragraphs (1) through (3).

(b) Covered Coral Reef Species-

(1) IN GENERAL- For the purposes of this Act, the term `covered coral reef species' means--

(A) any species of coral or ornamental reef fish;

(B) any coral reef species listed in appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) as of the effective date of this Act;

(C) any coral reef species added to appendix II of CITES after the effective date of this Act, unless the Secretary of the Interior, in consultation with the Secretary of Commerce, finds before the expiration of the 90-day period which begins on the effective date of the inclusion of such species in appendix II that the take, import, and export of such species do not represent a substantial risk of harm to the sustainability of such species and its coral reef ecosystem; or

(D) any other coral reef species (excluding any finfish, mollusk, crustacean, or other animal or plant species taken for human consumption) the take, import, or export of which the Secretary of the Interior and the Secretary of Commerce have determined, after notice and opportunity for public comment--

(i) presents a substantial risk of harm to the sustainability of such species or of its coral reef ecosystem; or

(ii) results in high mortality rates for individuals of that species due to poor survivorship in transport or captivity.

(2) REMOVAL OF A SPECIES FROM DEFINITION-

(A) IN GENERAL- A species may be removed from the definition of covered coral reef species under paragraphs (1)(B) through (D), if the Secretary of the Interior determines that the take, import, and export of such species do not represent a substantial risk of harm to the sustainability of that species and of its coral reef ecosystem.

(B) ROLE OF SECRETARY OF COMMERCE- In carrying out subparagraph (A), the Secretary of the Interior shall consult with the Secretary of Commerce with respect to a covered coral reef species under paragraph (1)(B) or (1)(C), and act jointly with the Secretary of the Interior with respect to a covered coral reef species under paragraph (1)(D).

(c) Effective Date- This section shall take effect upon the expiration of the 1-year period which begins on the date of the enactment of this Act.

SEC. 4. EXCEPTIONS.

(a) In General-

(1) SCIENTIFICALLY-BASED MANAGEMENT PLANS-

(A) EXCEPTION- Section 3 shall not apply with respect to a covered coral reef species if such species was taken in accordance with a qualified scientifically-based management plan.

(B) QUALIFICATION OF PLAN- For purposes of this subsection, a scientifically-based management plan is qualified if the appropriate Secretary determines that the plan--

(i) provides for the conservation of a covered coral reef species and its habitat;

(ii) provides that a covered coral reef species is taken in such a manner and in such quantities so as not to threaten the biological sustainability of that species or its role in the ecosystem and so as to minimize the adverse impact of the take on the coral reef;

(iii) addresses factors relevant to the conservation of a covered coral reef species, which may include illegal trade, domestic trade, subsistence use, disease, habitat loss, and cumulative effects of the take on the coral reef species; and

(iv) prohibits the use of the destructive collection practices described in subsection (b)(2).

(C) APPROPRIATE SECRETARY- For purposes of this paragraph, the term `appropriate Secretary' means--

(i) the Secretary of Commerce with respect to domestic plans;

(ii) the Secretary of Commerce and the Secretary of the Interior with respect to foreign plans; or

(iii) the Secretary with jurisdiction over the waters in which the plan is located with respect to plans located in waters within the Exclusive Economic Zone (as defined under section (3) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)).

(2) COOPERATIVE BREEDING PROGRAMS-

(A) EXCEPTION- Section 3 shall not apply with respect to a covered coral reef species if such species is a product of a qualified cooperative breeding program.

(B) QUALIFICATION OF PROGRAM- For purposes of this subsection, a cooperative breeding program is qualified if the Secretary of Commerce, in the case of domestic programs, or the Secretary of Commerce and the Secretary of the Interior, in the case of foreign programs, determines that the program is--

(i) designed to promote the conservation of covered coral reef species and maintain such species in the wild by enhancing the propagation and survival of such species; and

(ii) developed and administered by, or in conjunction with, an aquarium, conservation, or zoological organization which meets standards established by the appropriate Secretary.

(3) AQUACULTURE AND MARICULTURE FACILITIES-

(A) EXCEPTION- Section 3 shall not apply with respect to a covered coral reef species if such species is a product of a qualified aquaculture or mariculture facility.

(B) QUALIFICATION OF FACILITY- For purposes of this subsection, an aquaculture or mariculture facility is qualified if the Secretary of Commerce, in the case of domestic facilities, or the Secretary of Commerce and the Secretary of the Interior, in the case of foreign facilities, determines that the facility--

(i) demonstrates the capability to produce sufficient captive covered coral reef species in the numbers to be traded from that facility;

(ii) operates in a manner which is not detrimental to the conservation of the species in the wild;

(iii) operates in a manner which does not harm existing ecosystems, such as by introducing non-indigenous species or pathogens; and

(iv) operates with sufficient safeguards so as to prevent the escape of captive species and their eggs, larvae, young, fragments, and other organs of propagation.

(4) SCIENTIFIC, MUSEUM, OR ZOOLOGICAL PURPOSES- Section 3 shall not apply with respect to a covered coral reef species taken pursuant to authorization by the Secretary of Commerce, or imported or exported pursuant to authorization by the Secretary of the Interior for scientific purposes, museum purposes, or zoological breeding or display.

(5) INCIDENTAL TAKES- Section 3 shall not apply with respect to a covered coral reef species taken incidentally, if such incidental takes are exempted by the Secretary of the Interior and the Secretary of Commerce by regulation.

(6) SUBSISTENCE- Section 3 shall not apply with respect to a covered coral reef species taken for personal consumption by an individual, if the taking is customary, traditional, or necessary for the subsistence of the individual or the individual's family.

(b) No Exception for Species Taken Using Destructive Collection Practices-

(1) IN GENERAL- No exception shall be allowed under subsection (a) with respect to a covered coral reef species that was--

(A) taken in waters under the jurisdiction of the United States using any destructive collection practice; or

(B) imported or exported without a certification by the importer or exporter that the covered coral reef species to be imported or exported was not taken through the use of any destructive collection practice.

(2) DESTRUCTIVE COLLECTION PRACTICES- For the purposes of this Act, `destructive collection practice' means any practice used in the take of coral reef species which includes any of the following:

(A) Reef-dredging.

(B) Explosives.

(C) Poisons.

(D) Any other destructive collection practice identified by the Secretary of Commerce by regulation, in consultation with the Secretary of the Interior and the advisory group described in section 6(b).

(3) PRESENCE OF POISONS- For the purposes of this Act, the presence of cyanide, any other poison, or any metabolite associated with any such poison in a coral reef species shall constitute evidence that poison was used in the take of the coral reef species.

[knowse]

cont.

SEC. 5. CONSULTATION REGARDING PROTECTION OF CORAL REEF SPECIES.

The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, the Secretary of the Interior, and the Secretary of Commerce, may initiate consultations with foreign governments which are engaged in, or whose citizens include persons engaged in, commercial operations which take coral reef species, for the purpose of--

(1) encouraging the protection of coral reef species through building consensus on standards for, and implementation of, sustainable management plans; and

(2) taking steps to eliminate of the use of the destructive collection practices described in section 4(b)(2).

SEC. 6. COORDINATION REGARDING CONSERVATION OF CORAL REEF ECOSYSTEMS.

(a) Coral Reef Task Force- In carrying out this Act, the Secretary of the Interior and the Secretary of Commerce shall coordinate with members of the Coral Reef Task Force for the conservation and sustainable management of coral reef ecosystems.

(b) Advisory Group-

(1) IN GENERAL- The Secretary of the Interior and the Secretary of Commerce shall convene an advisory group consisting of individuals representing public and private organizations affected by this Act, including persons involved in the conservation of coral reef ecosystems, the harvest and trade of coral reef species, and the operation of cooperative breeding programs and aquaculture and mariculture facilities for the propagation of coral reef species, and representatives of Federal agencies, States, and territories, which are represented on the Coral Reef Task Force.

(2) DEVELOPMENT OF GUIDELINES, STRATEGY, AND CRITERIA- Before the expiration of the 1-year period which begins on the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Commerce, in consultation with the advisory group, shall develop--

(A) criteria and indicators for the conservation and sustainable management of coral reef ecosystems;

(B) a coordinated national strategy for conservation and sustainable management of coral reef species and ecosystems based on the criteria and indicators developed under subparagraph (A); and

(C) guidelines for the capture, commercial transport, and handling of coral reef species which would improve their rates of survival.

(c) International Cooperation- The Secretary of State and the Administrator of the United States Agency for International Development, in coordination with the heads of other appropriate departments and agencies, shall utilize their authorities to further the purposes of this Act by encouraging policies and implementing programs to promote the conservation and sustainable management of coral reef ecosystems in other parts of the world, by such means as multilateral negotiations, participation in various international fora, bilateral assistance, and capacity building.

SEC. 7. ENFORCEMENT.

(a) Civil Money Penalties-

(1) IN GENERAL- The Secretary of the Interior or the Secretary of Commerce, upon finding a violation of section 3, may require the person responsible for such violation to pay a civil money penalty in an amount determined under a schedule of penalties which is established and published by the Secretary, but which does not exceed $25,000 for each violation, and which takes into account--

(A) the nature of the violation involved;

(B) the revenues of the person;

(C) previous violations of section 3 by the person; and

(D) such other factors as the Secretary considers appropriate.

(2) NOTICE AND OPPORTUNITY FOR HEARING- The Secretary of the Interior or the Secretary of Commerce may not make any determination adverse to a person under subsection (a) until such person has been given written notice and an opportunity to be heard before the Secretary or designee.

(b) Declaratory or Injunctive Relief- The Attorney General may bring a civil action in an appropriate United States district court seeking declaratory or injunctive relief for any alleged violation of section 3.

(c) Criminal Penalties-

(1) IN GENERAL- Any person who knowingly violates section 3 shall be fined in accordance with title 18, United States Code, imprisoned for not more than 6 months, or both.

(2) PERSONS ENGAGED IN BUSINESS- Any person engaged in business as an importer or exporter of coral reef species who knowingly violates section 3 shall be fined in accordance with title 18, United States Code, or imprisoned for not more than 2 years, or both.

(3) FALSE STATEMENTS IN CERTIFICATIONS- Any person who knowingly makes, causes to be made, or submits any false material statement or representation in a certification under section 4(b)(1)(B) shall be fined in accordance with title 18, United States Code, or imprisoned for not more than 2 years, or both, and may also be prohibited from importing or exporting any coral reef species.

(d) Rewards and Incidental Expenses-

(1) IN GENERAL- The Secretary of the Interior or the Secretary of Commerce may pay, from sums received as penalties, fines, or forfeitures of property for violations of section 3--

(A) a reward to any person who furnishes information which leads to an arrest, criminal conviction, civil penalty assessment, or forfeiture of property for any violation of section 3; and

(B) the reasonable and necessary costs incurred by any person in providing temporary care for any coral reef species pending the disposition of any civil or criminal proceeding alleging a violation of section 3.

(2) AMOUNT OF REWARD- The amount of a reward paid under this subsection shall be designated by the Secretary of the Interior or the Secretary of Commerce.

(3) INELIGIBILITY OF GOVERNMENT OFFICIALS- Any officer or employee of the United States or any State or local government who furnishes information or renders service in the performance of his official duties is ineligible to receive a reward under this subsection.

(e) Executive Branch Enforcement-

(1) SEARCHES AND SEIZURES-

(A) IN GENERAL- Any person authorized by the Secretary of the Interior, the Secretary of Commerce, the Secretary of the Treasury, or the Secretary of the department in which the Coast Guard is operating may search and seize any coral reef species taken, imported, exported, possessed, sold, delivered, carried, transported, or received in violation of section 3, with or without a warrant, as authorized by law.

(B) SEIZED CORAL REEF SPECIES- Any coral reef species seized under subparagraph (A) shall be held by any person so authorized pending disposition of civil or criminal proceedings, or the institution of an action in rem for forfeiture of such coral reef species pursuant to paragraph (3), except that the appropriate Secretary may, in lieu of holding such species, permit the owner or consignee to post a bond or other surety satisfactory to the Secretary, but upon forfeiture of any such property to the United States, or the abandonment or waiver of any claim to any such property, it shall be disposed of (other than by sale to the general public) by the Secretary in such a manner, consistent with the purposes of this Act, as the Secretary shall by regulation prescribe.

(2) CITATIONS- If any officer authorized to enforce the provisions of this Act finds that a person has violated section 3, such officer may, in accordance with regulations issued by the Secretary of Commerce, Secretary of the Interior, and the Secretary of the department in which the Coast Guard is operating, issue a citation to the violator.

(3) FORFEITURE-

(A) CORAL REEF SPECIES- All coral reef species taken, imported, exported, possessed, sold, delivered, carried, transported, or received in violation of section 3 shall be subject to forfeiture to the United States.

(B) EQUIPMENT USED IN UNLAWFUL PRACTICES- All guns, traps, nets, and other equipment, vessels, vehicles, aircraft, and other means of transportation used to aid the take, importing, exporting, possessing, selling, purchasing, delivering, carrying, transporting, or receiving of any coral reef species in violation of section 3, shall be subject to forfeiture to the United States upon conviction of a criminal violation pursuant to subsections (b)(1) or (b)(2).

(4) OTHER PROVISIONS OF LAW- Any provision of law relating to the seizure, forfeiture, and condemnation of a vessel for violation a customs law, the disposition of such vessel or the proceeds from the sale thereof, and the remission or mitigation of such forfeiture, shall apply to any seizure or forfeiture incurred or allegedly incurred under this Act, insofar as such provision of law is applicable and not inconsistent with the provisions of this Act, except that all powers, rights, and duties conferred or imposed by the customs laws upon any officer or employee of the Department of the Treasury shall, for the purposes of this Act, be exercised or performed by the Secretary of Commerce or by such persons as the Secretary may designate.

(f) Citizen Actions-

(1) IN GENERAL- Except as provided in paragraph (2), any person may commence a civil action to enjoin any person, including the United States and any other governmental instrumentality or agency (to the extent permitted by the 11th Amendment to the Constitution), who is alleged to be in violation of section 3.

(2) JURISDICTION OF DISTRICT COURTS- The United States District Court for the judicial district in which the alleged violation occurs shall have jurisdiction in all actions brought under this subsection, without regard for the amount in controversy or the citizenship of the parties.

(3) INTERVENTION BY ATTORNEY GENERAL- In any such action under this subsection in which the United States is not a party, the Attorney General may intervene on behalf of the United States as a matter of right.

(4) EXCEPTIONS- No action may be commenced under this subsection--

(A) prior to 60 days after written notice of the violation has been given to the Secretary of the Interior and the Secretary of Commerce, and to any alleged violator of any such provision or regulation; or

(B) if the Secretary of the Interior, the Secretary of Commerce, or the Attorney General has initiated an enforcement action under this section.

(5) RECOVERY OF COURT COSTS- In any action brought pursuant to paragraph (1), the court may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate.

(6) RELIEF UNDER OTHER LAWS- The injunctive relief provided by this subsection shall not restrict any right which any person may have under any statute or common law to seek enforcement of any standard or limitation or to seek any other relief.

(g) American Samoa- For the purposes of any action brought under this Act, American Samoa shall be included within the judicial district of the United States District Court for the District of Hawaii.

SEC. 8. REGULATIONS.

(a) In General- Before the expiration of the 1-year period beginning on the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Commerce shall promulgate such regulations as they deem necessary and appropriate to carry out the purposes of this Act.

(b) Enforcement Regulations- The Secretary of the Interior, the Secretary of Commerce, the Secretary of the Treasury, and the Secretary of the department in which the Coast Guard is operating, are authorized to promulgate such regulations as may be appropriate to enforce this Act, and charge reasonable fees for expenses connected with reviewing certificates authorized by this Act, including processing applications and reasonable inspections, and with the transfer, board, handling, or storage of coral reef species and evidentiary items seized and forfeited under this Act. Any such fees collected pursuant to this subsection shall be deposited in the Treasury to the credit of the appropriation which is current and chargeable for the cost of furnishing the services. Appropriated funds may be expended pending reimbursement from parties in interest.

SEC. 9. RELATIONSHIP TO STATE LAWS.

Nothing in this Act shall be construed or interpreted as preempting any State from imposing any more restrictive requirement regarding any coral reef species, so long as such requirement is consistent with the international obligations of the United States and this Act.

SEC. 10. RELATIONSHIP TO FEDERAL FISHERY MANAGEMENT PLANS.

Nothing in this Act shall be construed or interpreted as preempting any fishery management plan developed under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) that contains management measures more restrictive than those required by this Act.

SEC. 11. DEFINITIONS.

In this Act, the following definitions apply:

(1) The term `coral' means any living or dead specimens, parts or derivatives, or any product containing specimens, parts or derivatives of any species of the phylum Cnidaria, including--

(A) all species of black corals (Antipatharia), stony corals (Scleractinia), soft corals (Alcyonacea), horny corals (Gorgonacea), organ pipe corals (Stolonifera), blue corals (Coenothecalia), anemones (Actiniaria), coralliomorphs (Coralliomorpharia), and zooanthids (Zoanthidea) of the class Anthozoa; and

(B) all species of the fire corals (Milleporina) and lace corals (Stylasterina) of the class Hydrozoa.

(2) The term `coral reef' means any reef, shoal, or other natural feature composed in part of the solid skeletal structures in which corals are major framework constituents.

(3) The term `coral reef ecosystem' means the interacting complex of species (including reef plants of the phyla Chlorophyta, Phaeophyta, and Rhodophyta) and nonliving variables associated with coral reefs and their habitats which function as an ecological unit in nature and which are mutually dependent on this function to survive.

(4) The term `coral reef species' means--

(A) any species of plant or animal, including algae, seagrasses, invertebrates and vertebrates that live in, on, or near coral reefs and are directly dependent on the coral reef ecosystem for feeding, reproduction or growth, but does not include mammals, reptiles, or birds; and

(B) products derived from coral, such as live rock, coral substrate, and coral rock.

(5) The term `foreign commerce' includes any transaction between persons within one foreign country, between persons in 2 or more foreign countries, between a person within the United States and a person in a foreign country, or between persons within the United States, where the coral reef species in question is moving in any country or countries outside the United States.

(6) The term `import' means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the custom laws of the United States.

(7) The term `live rock' means any hard substrate derived from coral which is grown in the wild and which is attached to and supporting any species covered under paragraph (4)(A), and includes coral rock and coral substrate.

(8) The term `ornamental reef fish' means any finfish collected commercially for the aquarium and curio trade, but does not include any fish taken for human consumption.

(9) The term `State' means a State, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States.

(10) The term `take' means to capture, catch, collect or harvest coral reef species by any means.

(11) The term `United States' includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory or possession of the United States that contains coral within its jurisdiction.

(12) The term `waters under the jurisdiction of the United States' means the belt of seas extending to a distance of 200 nautical miles measured from the baseline from which the breadth of the territorial sea of the United States is measured, except where that distance is modified by maritime boundary agreements to which the United States is a party.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out the provisions of this Act, for each of fiscal years 2006 through 2010--

(1) for the Secretary of the Interior, $5,000,000;

(2) for the Secretary of Commerce, $3,000,000; and

(3) for the Secretary of State, $500,000.
END

[knowse]

Did I get it all Gresham? That took a long time to type!

[GreshamH]

Nah, Sally, you missed the part about the bill not being co-sponsored

[puckbs]

it is amazing how it feels like there is more regulation on the live stuff i can keep than there is on the souvenir items i could find at a store. Bans are often the first step in regulation...shut down the process, raise awareness, and then slowlymoved to "regulated" actions...but who knows...

[GreshamH]

There are more regulations on dead then alive, thats why the curio trade does so much more in DEAD seahorses then us in alive. The asian medicinal trade kills thousands to our one as well, but finally CITES said no more imports of those. To bad asia really doesn't subscribe to CITES notions, nor are most members

I can't see how putting people outa of business while our government tries to figure out this, is right. In Sri Lanka alone, there are 50K people involved in the MO trade. They depend on it to eat Thats just one island, and guess what, not our larger producing MO country. That bill is SO FULL OF HOLES, it's not even funny.

How about Case's bill cites blast fishing and bottom trawling as used as MO collecting techniques. That is a complete fabrication on his part (*IF* he even wrote it or even looked it over with knowledge of the trade). It shows how little they invested into the bill. It's a knee jerk reaction to a percieved problem. Don't get me wrong, most the bill is OK, with some treaking, it'll be really good. I'm all for regulationing the MO industry, I'm also for doing it correctly

It's a shame that MAC can't even guide Case on the right path Maybe his sister needs to talk to their tenants more often and pass that info onto him.

[puckbs]

well said

[jabloomf1230]

You might all want to take a look at this report:

The State of Coral Reef Ecosystems of the United States and Pacific Freely Associated States: 2005

http://ccma.nos.noaa.gov/ecosystems/...l_report_2005/

It's got a lot of interesting information on US coral reefs, including things that stress the reef and trends in reef health and water quality.

[kirei]

The reality of this is that progressive movement that you think needs to be "checked" is a standing of american values and morality. Without the EPA or PETA there would be little in the way of large corporations and private people destroying all our natural resources. There are some reefkeeping laws that need to be in place, and keeping certain fish and inverts, etc that are doomed in captivity should be totally outlawed.

What has PETA done that has been good... ever? There is a difference between promoting awareness, protesting, and making your voice heard... beligerent, ingorant, and radical behavoiur. There are lots of stories about PETA "freeing" the "captives" of a dog or cat breeder... into the wild... run free domesticated animals.. hooray!

That being said it is true that without any watchdog agencies, or left wing structures nothing would remain to stop those who wish to take advantage of the system. It annoys me when people just say "corporations" as if every corporation is evil, as if they don't provide you with your entire life, with electricity, water, consumre goods, employment, money for the community, etc. I mean are their bad CEOs out there sure... but who are the CEOs answerable to? The shareholders. I mean CEOs would not be so obsessed with semi legitimate and less than legitimate practices to boost the profits of their companies if there wasn't a good change that they would get fired if they didn't make a certain return on peoples investment.

My point is this. It is good to have open expression of idea, and to have watchdogs for both sides. I think that things have gone too far to the left though. When I walk on campus and hear a person shouting this in protest: Lower Tuition, make education more accessible to the poor. Followed by Ban corporate sponsor**** on university grounds... then by Increase funding to programs... I mean do people really not get it... where is the money coming from.. if you ascribe to that viewpoint.. then you ascribe to the: raise my daddy's taxes, and let someone else pay for my problems point of view.

There is social welfare,and social conscious, but the economics of it, is too much welfare causes laziness (as a Canadian belive me I know), the more we control markets and subsidize the more you kill innovation, and have issues because your markets are not driven my economic forces.

Sorry I have totally gone off track... and way off the topic of the thread. But my point is just that yes we need watchdog agencies, we need left wing conscious people, and we need fiscally responsible people as well... otherwise you just go from ronald reagan to joeseph stalin and back (i mean in terms of "ideology" not practice... since stalin was pretty "right wing" in most actions...

[GreshamH]

Well, PETA got sport fishing banned in England. Not that that's something good

[kirei]

Sorry being from Vancouver originally, the heartland of left wing wackjobs.. and some more reputable things like Sierra Club [Seattle, Vancouver whats the difference?], I have been surrounded by these ideas my entire life. I think lots of them are very extreme and do not take into account the realities of life, the market, and simple economics. If you want to see positive environmental change we need to decide as a society our priorities (which is where awareness groups come in) and use economic factors to drive change. IMO