Curtswearing
Active Member
Here is the text (thanks Doug) of the Coral Reef Conservation and Protection Act of 2004.
What do you think of it? Good? Bad?
108th CONGRESS
2d Session
H. R. 4928
To prohibit the import, export, and take of certain coral reef species, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
July 22, 2004
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
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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 2004”.
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, loss of reef habitat, and introduction of non-indigenous species, invasive species, and pathogens.
(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 the 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.
What do you think of it? Good? Bad?
108th CONGRESS
2d Session
H. R. 4928
To prohibit the import, export, and take of certain coral reef species, and for other purposes.
-------------------------------------------------------------------------------
IN THE HOUSE OF REPRESENTATIVES
July 22, 2004
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 2004”.
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, loss of reef habitat, and introduction of non-indigenous species, invasive species, and pathogens.
(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 the 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.