article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Seabed Protection Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) More than \2/3\ of Earth's surface is covered by oceans. (2) The oceans and marine waters contain a greater variety of forms of life than exists on land, and scientists are continually discovering new forms of life in previously unexplored, unique habitats. (3) The earth's human population is dependent upon the products of the oceans for income, nutrition, medicines, raw materials, and valuable natural services such as climate regulation, flood control, and storm surge protection. (4) The practice and technology of bottom trawling and use of other mobile fishing gear on the seabed has increased to the point that an area of seabed twice the size of the contiguous United States is affected by these practices each year. (5) These practices result in a loss of biological diversity, which is detrimental not only to the ocean environment itself but also to the industries and people that depend on that environment. (6) Little is known about the recoverability of the seabed from the effects of bottom trawling and use of other mobile fishing gear on the seabed. However, due to the slow rates of growth and reproduction of some marine species, it is believed that full recovery in some areas may take decades or centuries. SEC. 3. MORATORIUM. (a) In General.--Notwithstanding any provision of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), no person may engage in bottom trawling or use of other mobile fishing gear on the seabed in any marine area described in subsection (b), until-- (1) the National Marine Fisheries Service has completed a study and determined the effects of those practices in those areas; (2) the Secretary of Commerce has determined, based on findings of such a study and other pertinent scientific information, that the impacts of bottom trawling and such other mobile fishing gear on biodiversity, marine habitat, and productivity of fish stocks is negligible; and (3) the Secretary of Commerce has approved and implemented fishery management plans for those areas, that-- (A) are developed by the appropriate regional fishery management councils in accordance with that Act; (B) encourage the use of fishing gears that are less destructive of habitat than bottom trawling and other mobile fishing gear on the seabed; and (C) prohibit use of bottom trawling and other mobile fishing gear practices that threaten the continued sustainability of ecosystems in those areas. (b) Marine Areas Described.-- (1) In general.--The marine areas referred to in subsection (a) are the following: (A) The Heceta Banks, located off the coast of Oregon, 125 00' w-124 45' w/ 43 55' n-44 15' n. (B) Cordell Bank, located off the coast of central California, 123 20' w-123 38' w/ 37 55' n-30 05' n. (C) The Gulf of the Farallones outside of the line that is three miles from the coastline, located off the coast of California, 122 35' w-123 15''w/ 37 30' n-38 05' n. (D) Tanner and Cortez Banks, located off the coast of southern California, 119 00' w-119 25' w/ 32 50 n-32 20' n. (E) Punta Gorda, located off the coast of northern California, 124 23' w-124 50' w/ 4-20' n-40 10' n. (F) Cape Blanco, located off the coast of Oregon, 124 42' w-124 55' w/ 42 40' n-43 00n. (G) Florida Middle Grounds located in the Gulf of Mexico off the coast of Florida, 84 40'w-85 15' w/ 28 10'n-28 55n. (H) Dry Tortugas, located in the Gulf of Mexico off the coast of Florida, 82 40'2w-83 10'w/ 24 30'n 24 50'n. (I) Nantucket Shoals, located off the coast of Cape Cod, Massachusetts, 69 00'w-70 20'w/ 40 30'n-41 00'n. (J) Jeffrey's Ledge, Tillies Bank, and Stellwagon Bank, located in the Gulf of Maine, 69 50'w-70 30'w/42 08'n-43 15'n. (K) Cashes Ledge, located in the Gulf of Maine, 68 40'w-69 15'w/42 30'n-43 15'n. (L) Stonewall Bank of the central Oregon coast, 124 20'w-124 28'w/44 27'n-44 39'n. (M) Rogue River Reef off the southern Oregon coast, 124 35'w-124 50'w/42 25'n-42 35'n. (2) Further description by secretary.--For purposes of this Act, the Secretary of Commerce may more particularly describe the areas listed in paragraph (1). (c) Report.--The Secretary of Commerce shall report annually to the Committee on Resources of the House of Representatives and the Committee on Commerce of the Senate regarding the recovery of areas described in subsection (b) from the effects of bottom trawling and use of other mobile fishing gear on the seabed. (d) Limitation on Application.--Subsection (a) shall not apply to an area after the date the Secretary publishes a finding that there are in effect, under State law or a fishery management plan under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), measures that are at least as effective as subsection (a) in maintaining the sustainability of ecosystems in that area. (e) Definitions.--In this section: (1) Negligible.--The term ``negligible'' means-- (A) insufficient to diminish the productivity of fish stocks; and (B) insufficient to significantly reduce other marine life. (2) Sustainability of ecosystems.--The term ``sustainability of ecosystems'' means the capability of ecosystems to-- (A) maintain productivity of fish stocks at maximum sustainable yield specified for those fish stocks in fishery management plans in effect under the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.); and (B) maintain types and abundances of other marine species normally found within similar areas that are not subject to bottom trawling and other mobile fishing gear practices.
summary: Seabed Protection Act - Prohibits any person from engaging in bottom trawling or use of other mobile fishing gear on the seabed in specified marine areas until: (1) the National Marine Fisheries Service has completed a study and determined the effects of those practices; (2) the Secretary of Commerce has determined that the impacts of bottom trawling and such other mobile fishing gear on biodiversity, marine habitat, and productivity of fish stocks is negligible; and (3) the Secretary has approved and implemented fishery management plans that are developed by the appropriate regional fishery management councils, that encourage the use of fishing gears that are less destructive of habitat than bottom trawling and other mobile fishing gear, and that prohibit use of bottom trawling and other mobile fishing gear practices that threaten the continued sustainability of ecosystems.Directs the Secretary to report annually to specified congressional committees regarding the recovery of such marine areas from the effects of bottom trawling and use of other mobile fishing gear on the seabed.Provides that such prohibition shall not apply to an area after the Secretary publishes a finding that there are in effect, under State law or a fishery management plan under the Magnuson-Stevens Fishery Conservation and Management Act measures that are at least as effective as those required under this Act in maintaining the sustainability of ecosystems in that area.