,,ii #aacth ,,congress #ast ,session ,s4 #hci ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #be1 #bjac ,mr4 ,nelson 7for himself1 ,mr4 ,rockefeller1 ,mr4 ,schatz1 and ,ms4 ,hirono7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to reauthorize the ,coral ,reef ,conservation ,act of #bjjj1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,coral ,reef ,conservation ,amendments ,act of #bjac4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,amendment of ,coral ,reef ,conservation ,act of #bjjj4 ,sec4 #c4 ,purposes4 ,sec4 #d4 ,national coral reef action strategy4 ,sec4 #e4 ,coral reef conservation program4 ,sec4 #f4 ,coral reef conservation fund4 ,sec4 #g4 ,agreements2 redesignations4 ,sec4 #h4 ,emergency assistance4 ,sec4 #i4 ,national program4 ,sec4 #aj4 ,study of trade in corals4 ,sec4 #aa4 ,international coral reef conservation activities4 ,sec4 #ab4 ,community-based planning grants4 ,sec4 #ac4 ,vessel grounding inventory4 ,sec4 #ad4 ,prohibited activities4 ,sec4 #ae4 ,destruction of coral reefs4 ,sec4 #af4 ,enforcement4 ,sec4 #ag4 ,permits4 ,sec4 #ah4 ,regional1 ,state1 and territorial coordination4 ,sec4 #ai4 ,regulations4 ,sec4 #bj4 ,effectiveness and assessment report4 ,sec4 #ba4 ,authorization of appropriations4 ,sec4 #bb4 ,judicial review4 ,sec4 #bc4 ,definitions4 #b4 ,amendment of ,coral ,reef ,conservation ,act of #bjjj ,except as otherwise expressly provided1 whenever in this ,act an amendment or repeal is expressed in terms of an amendment to or repeal of a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,coral ,reef ,conservation ,act of #bjjj 7#af ,u4,s4,c4 #fdja et seq474 #c4 ,purposes ,section #bjb 7#af ,u4,s4,c4 #fdja7 is amended to read as follows3 #bjb4 ,purposes ,the purposes of this title are-- 7#a7 to preserve1 sustain1 and restore the condition of coral reef ecosystems2 7#b7 to promote the wise management and sustainable use of coral reef ecosystems to benefit local communities1 the ,nation1 and the world2 7#c7 to develop sound scientific information on the condition of coral reef ecosystems and the threats to such ecosystems2 7#d7 to assist in the preservation of coral reef ecosystems by supporting conservation programs1 including projects that involve affected local communities and nongovernmental organizations2 7#e7 to provide financial resources for those programs and projects2 7#f7 to establish a formal mechanism for collecting and allocating monetary donations from the private sector to be used for coral reef conservation projects2 and 7#g7 to provide mechanisms to prevent and minimize damage to coral reefs4 4 #d4 ,national coral reef action strategy ,section #bjc 7#af ,u4,s4,c4 #fdjb7 is amended to read as follows3 #bjc4 ,national coral reef ecosystem action strategy 7a7 ,in general ,not later than #ahj days after the date of the enactment of the ,coral ,reef ,conservation ,amendments ,act of #bjac1 the ,secretary shall submit to the ,senate ,committee on ,commerce1 ,science1 and ,transportation and to the ,house of ,representatives ,committee on ,natural ,resources and publish in the ,federal ,register a national coral reef ecosystem action strategy1 consistent with the purposes of this title4 ,the ,secretary shall periodically review and revise the strategy as necessary4 ,in developing this strategy1 the ,secretary may consult the ,coral ,reef ,task ,force established under ,executive ,order #acjhi 7,june #aa1 #aiih74 7b7 ,goals and objectives ,the action strategy shall include a statement of goals and objectives as well as an implementation plan1 including a description of the funds obligated each fiscal year to advance coral reef conservation4 ,the action strategy and implementation plan shall include discussion of-- 7#a7 coastal uses and management1 including land-based sources of pollution2 7#b7 climate change2 7#c7 water and air quality2 7#d7 mapping and information management2 7#e7 research1 monitoring1 and assessment2 7#f7 international and regional issues2 7#g7 outreach and education2 7#h7 local strategies developed by the ,states or ,federal agencies1 including regional fishery management councils2 and 7#i7 conservation4 4 #e4 ,coral reef conservation program 7a7 ,in general ,section #bjd 7#af ,u4,s4,c4 #fdjc7 is amended-- 7#a7 by striking ,secretary1 through the ,administrator and in subsection 7a7 and inserting ,secretary12 7#b7 by striking subsection 7c7 and inserting the following3 7c7 ,eligibility ,any natural resource management authority of a ,state or other government authority with jurisdiction over coral reef ecosystems1 or whose activities directly or indirectly affect coral reef ecosystems1 or educational or nongovernmental institutions with demonstrated expertise in the conservation of coral reef ecosystems1 may submit a coral conservation project proposal to the ,secretary under subsection 7e74 2 7#c7 by striking ,geographic and ,biological in the heading for subsection 7d7 and inserting ,project2 7#d7 by striking paragraph 7#c7 of subsection 7d7 and inserting the following3 7#c7 ,remaining funds shall be awarded for-- 7,a7 projects 7with priority given to community-based local action strategies7 that address emerging priorities or threats1 including international and territorial priorities1 or threats identified by the ,secretary2 and 7,b7 other appropriate projects1 as determined by the ,secretary1 including monitoring and assessment1 research1 pollution reduction1 education1 and technical support4 2 7#e7 by striking subsection 7g7 and inserting the following3 7g7 ,criteria for approval ,the ,secretary may not approve a project proposal under this section unless the project is consistent with the coral reef ecosystem action strategy under section #bjc and will enhance the conservation of coral reef ecosystems nationally or internationally by-- 7#a7 implementing coral conservation programs which promote sustainable development and ensure effective1 long-term conservation of coral reef ecosystems and biodiversity2 7#b7 addressing the conflicts arising from the use of environments near coral reef ecosystems or from the use of corals1 species associated with coral reef ecosystems1 and coral products2 7#c7 enhancing compliance with laws that prohibit or regulate the taking of coral products or species associated with coral reef ecosystems or regulate the use and management of coral reef ecosystems2 7#d7 developing sound scientific information on the condition of coral reef ecosystems or the threats to such ecosystems and their biodiversity1 including factors that cause coral disease1 ocean acidification1 and bleaching2 7#e7 promoting and assisting the implementation of cooperative coral reef ecosystem conservation projects that involve affected local communities1 nongovernmental organizations1 or others in the private sector2 7#f7 increasing public knowledge and awareness of coral reef ecosystems and issues regarding their long-term conservation1 including how they function to protect coastal communities2 7#g7 mapping the location1 distribution1 and biodiversity of coral reef ecosystems2 7#h7 developing and implementing techniques to monitor and assess the status and condition of coral reef ecosystems and biodiversity2 7#i7 developing and implementing cost-effective methods to restore degraded coral reef ecosystems and biodiversity2 7#aj7 responding to1 or taking action to help mitigate the effects of1 coral disease1 ocean acidification1 and bleaching events2 7#aa7 promoting activities designed to prevent or minimize damage to coral reef ecosystems1 including the promotion of ecologically sound navigation and anchorages2 or 7#ab7 promoting and assisting entities to work with local communities1 and all appropriate governmental and nongovernmental organizations1 to support community-based planning and management initiatives for the protection of coral reef ecosystems4 2 and 7#f7 by striking coral reefs in subsection 7j7 and inserting coral reef ecosystems4 7b7 ,conforming amendments ,subsections 7a71 7b71 7d71 7e71 7f71 7h71 7i71 and 7j7 of section #bjd 7#af ,u4,s4,c4 #fdjc7 are each amended by striking ,administrator each place it appears and inserting ,secretary4 #f4 ,coral reef conservation fund ,section #bje 7#af ,u4,s4,c4 #fdjd7 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,fund ,the ,secretary may enter into agreements with nonprofit organizations promoting coral reef ecosystem conservation by authorizing such organizations to receive1 hold1 and administer funds received pursuant to this section4 ,such organizations shall invest1 reinvest1 and otherwise administer the funds and maintain such funds and any interest or revenues earned in a separate interest-bearing account 7referred to in section #bai7;a7 as the ,fund7 established by such organizations solely to support partnerships between the public and private sectors that further the purposes of this title and are consistent with the national coral reef ecosystem action strategy under section #bjc4 2 7#b7 by striking the grant program in subsection 7c7 and inserting any grant program2 and 7#c7 by striking ,administrator in subsections 7c7 and 7d7 and inserting ,secretary4 #g4 ,agreements2 redesignations ,the ,act 7#af ,u4,s4,c4 #fdja et seq47 is amended-- 7#a7 by redesignating section #bjf 7#af ,u4,s4,c4 #fdje7 as section #bjg2 7#b7 by redesignating section #bjg 7#af ,u4,s4,c4 #fdjf7 as section #bjh2 7#c7 by redesignating section #bjh 7#af ,u4,s4,c4 #fdjg7 as section #bah2 7#d7 by redesignating section #bji 7#af ,u4,s4,c4 #fdjh7 as section #bai2 7#e7 by redesignating section #baj 7#af ,u4,s4,c4 #fdji7 as section #bba2 and 7#f7 by inserting after section #bje 7#af ,u4,s4,c4 #fdjd7 the following3 #bjf4 ,agreements 7a7 ,in general ,the ,secretary may execute and perform such contracts1 leases1 grants1 cooperative agreements1 or other transactions as may be necessary to carry out the purposes of this title4 7b7 ,cooperative agreements ,in addition to the general authority provided by subsection 7a71 the ,secretary may enter into1 extend1 or renegotiate agreements with universities and research centers with national or regional coral reef research institutes to conduct ecological research and monitoring explicitly aimed at building capacity for more effective resource management4 ,pursuant to any such agreements these institutes shall-- 7#a7 collaborate directly with governmental resource management agencies1 non-profit organizations1 and other research organizations2 7#b7 build capacity within resource management agencies to establish research priorities1 plan interdisciplinary research projects1 and make effective use of research results2 and 7#c7 conduct public education and awareness programs for policy makers1 resource managers1 and the general public on coral reef ecosystems1 best practices for coral reef and ecosystem management and conservation1 their value1 and threats to their sustainability4 7c7 ,use of other agencies' resources ,for purposes related to the conservation1 preservation1 protection1 restoration1 or replacement of coral reefs or coral reef ecosystems and the enforcement of this title1 the ,secretary is authorized to use1 with their consent and with or without reimbursement1 the land1 services1 equipment1 personnel1 and facilities of any ,department1 agency1 or instrumentality of the ,united ,states1 or of any ,state1 local government1 tribal government1 ,territory or possession1 or of any political subdivision thereof1 or of any foreign government or international organization4 7d7 ,authority ,to utilize grant funds 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,secretary may apply for1 accept1 and obligate research grant funding from any ,federal source operating competitive grant programs where such funding furthers the purpose of this title4 7#b7 ,exception ,the ,secretary may not apply for1 accept1 or obligate any grant funding under paragraph 7#a7 for which the granting agency lacks authority to grant funds to ,federal agencies1 or for any purpose or subject to conditions that are prohibited by law or regulation4 7#c7 ,grant funds ,appropriated funds may be used to satisfy a requirement to match grant funds with recipient agency funds1 except that no grant may be accepted that requires a commitment in advance of appropriations4 7#d7 ,,noaa account ,funds received from grants shall be deposited in the ,national ,oceanic and ,atmospheric ,administration account for the purpose for which the grant was awarded4 7e7 ,transfer of funds ,under an agreement entered into pursuant to subsection 7a71 and subject to the availability of funds1 the ,secretary may transfer funds to1 and may accept transfers of funds from1 ,federal agencies1 instrumentalities and laboratories1 ,state and local governments1 ,indian tribes 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b771 organizations and associations representing ,native ,americans1 native ,hawaiians1 and ,native ,pacific ,islanders1 educational institutions1 nonprofit organizations1 commercial organizations1 and other public and private persons or entities1 except that no more than #e percent of funds appropriated to carry out this section may be transferred4 ,the #e percent limitation shall not apply to section #bjd or section #baj4 4 #h4 ,emergency assistance ,section #bjg 7formerly #af ,u4,s4,c4 #fdje71 as redesignated by section #g of this ,act1 is amended to read as follows3 #bjg4 ,emergency assistance ,the ,secretary1 in cooperation with the ,federal ,emergency ,management ,agency1 as appropriate1 may provide assistance to any ,state1 local1 or territorial government agency with jurisdiction over coral reef ecosystems to address any unforeseen or disaster-related circumstance pertaining to coral reef ecosystems4 4 #i4 ,national program ,section #bjh 7formerly #af ,u4,s4,c4 #fdjf71 as redesignated by section #g of this ,act1 is amended to read as follows3 #bjh4 ,national program 7a7 ,in general ,subject to the availability of appropriations1 the ,secretary may conduct activities1 including with local1 ,state1 regional1 or international programs and partners1 as appropriate1 to conserve coral reef ecosystems1 that are consistent with this title1 the ,national ,marine ,sanctuaries ,act1 the ,coastal ,zone ,management ,act of #aigb1 the ,magnuson-,stevens ,fishery ,conservation and ,management ,act1 the ,endangered ,species ,act of #aigc1 and the ,marine ,mammal ,protection ,act of #aigb4 7b7 ,authorized activities ,activities authorized under subsection 7a7 include-- 7#a7 mapping1 monitoring1 assessment1 restoration1 socioeconomic and scientific research that benefit the understanding1 sustainable use1 biodiversity1 and long-term conservation of coral reef ecosystems2 7#b7 enhancing public awareness1 education1 understanding1 and appreciation of coral reef ecosystems2 7#c7 removing1 and providing assistance to ,states in removing1 abandoned fishing gear1 marine debris1 and abandoned vessels from coral reef ecosystems to conserve living marine resources2 7#d7 responding to incidents and events that threaten and damage coral reef ecosystems2 7#e7 conservation and management of coral reef ecosystems2 7#f7 centrally archiving1 managing1 and distributing data sets and providing coral reef ecosystem assessments and services to the general public with local1 regional1 or international programs and partners2 and 7#g7 activities designed to prevent or minimize damage to coral reef ecosystems1 including those activities described in section #bab7;b77#b7 of this title4 7c7 ,data archive1 access1 and availability ,the ,secretary1 in coordination with similar efforts at other ,departments and agencies shall provide for the long-term stewardship of environmental data1 products1 and information via data processing1 storage1 and archive facilities pursuant to this title4 ,the ,secretary may-- 7#a7 archive environmental data collected by ,federal1 ,state1 local agencies1 and tribal organizations and federally funded research2 7#b7 promote widespread availability and dissemination of environmental data and information through full and open access and exchange to the greatest extent possible1 including in electronic format on the ,internet2 7#c7 develop standards1 protocols1 and procedures for sharing ,federal data with ,state and local government programs and the private sector or academia2 and 7#d7 develop metadata standards for coral reef ecosystems in accordance with ,federal ,geographic ,data ,committee guidelines4 7d7 ,emergency response1 stabilization1 and restoration 7#a7 ,establishment of account ,the ,secretary shall establish an account 7to be called the ,emergency ,response1 ,stabilization1 and ,restoration ,account7 in the ,damage ,assessment ,restoration ,revolving ,fund established by the ,department of ,commerce ,appropriations ,act1 #aiia 7#cc ,u4,s4,c4 #bgjf note71 for implementation of this subsection for emergency actions4 ,amounts appropriated for the ,account under section #bai1 and funds authorized by sections #bac7;d77#a77;,c77ii7 and #bad7;f77#c77;,b71 shall be deposited into the ,account and made available for use by the ,secretary as specified in sections #bac and #bad4 7#b7 ,deposit and investment of certain funds ,any amounts received by the ,united ,states pursuant to sections #bac7;d77#a77;,c77ii7 and #bad7;f77#c77;,b7 shall be deposited into the ,emergency ,response1 ,stabilization1 and ,restoration ,account established under paragraph 7#a74 ,the ,secretary of ,commerce may request the ,secretary of the ,treasury to invest such portion of the ,damage ,assessment ,restoration ,revolving ,fund as is not1 in the judgment of the ,secretary of ,commerce1 required to meet the current needs of the fund4 ,such investments shall be made by the ,secretary of the ,treasury in public debt securities1 with maturities suitable to the needs of the fund1 as determined by the ,secretary of ,commerce and bearing interest at rates determined by the ,secretary of the ,treasury1 taking into consideration current market yields on outstanding marketable obligations of the ,united ,states of comparable maturity4 ,interest earned by such investments shall be available for use by the ,secretary of ,commerce without further appropriation and remain available until expended4 4 #aj4 ,study of trade in corals 7a7 ,in general ,the ,secretary of ,commerce1 in consultation with the ,secretary of the ,interior1 shall conduct a study on the economic1 social1 and environmental values and impacts of the ,united ,states market in corals and coral products4 7b7 ,contents ,the study shall-- 7#a7 assess the economic and other values of the ,united ,states market in coral and coral products1 including import and export trade2 7#b7 identify primary coral species used in the coral and coral product trade and locations of wild harvest2 7#c7 assess the environmental impacts associated with wild harvest of coral2 7#d7 assess the effectiveness of current public and private programs aimed at promoting conservation in the coral and coral product trade2 7#e7 identify economic and other incentives for coral reef conservation as part of the coral and coral product trade2 and 7#f7 identify additional actions1 if necessary1 to ensure that the ,united ,states market in coral and coral products does not contribute to the degradation of coral reef ecosystems4 7c7 ,report ,not later than #cj months after the date of enactment of this ,act1 the ,secretary shall submit to the ,senate ,committee on ,commerce1 ,science1 and ,transportation and the ,house of ,representatives ,committee on ,natural ,resources a report of the study4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #ajj1jjj for fiscal year #bjad4 #aa4 ,international coral reef conservation activities ,the ,act 7#af ,u4,s4,c4 #fdja et seq47 is amended by inserting after section #bjh1 as redesignated by section #g of this ,act1 the following3 #bji4 ,international coral reef conservation activities 7a7 ,international coral reef conservation activities 7#a7 ,in general ,the ,secretary shall carry out international coral reef conservation activities consistent with the purposes of this title with respect to coral reef ecosystems in waters outside the ,united ,states jurisdiction4 ,the ,secretary shall develop and implement an international coral reef ecosystem strategy pursuant to subsection 7b74 7#b7 ,coordination ,in carrying out this subsection1 the ,secretary shall consult with the ,secretary of ,state1 the ,administrator of the ,agency for ,international ,development1 the ,secretary of the ,interior1 and other relevant ,federal agencies1 and relevant ,united ,states stakeholders1 and shall take into account coral reef ecosystem conservation initiatives of other nations1 international agreements1 and intergovernmental and nongovernmental organizations so as to provide effective cooperation and efficiencies in international coral reef conservation4 ,the ,secretary may consult with the ,coral ,reef ,task ,force in carrying out this subsection4 7b7 ,international coral reef ecosystem strategy 7#a7 ,in general ,not later than #a year after the date of enactment of the ,coral ,reef ,conservation ,amendments ,act of #bjac1 the ,secretary shall submit to the ,senate ,committee on ,commerce1 ,science1 and ,transportation and the ,house of ,representatives ,committee on ,natural ,resources1 and publish in the ,federal ,register1 an international coral reef ecosystem strategy1 consistent with the purposes of this title and the strategy required under section #bjc7;a74 ,the ,secretary shall periodically review and revise this strategy as necessary4 7#b7 ,contents ,the strategy developed by the ,secretary under paragraph 7#a7 shall-- 7,a7 identify coral reef ecosystems throughout the world that are of high value for ,united ,states marine resources1 that support high-seas resources of importance to the ,united ,states such as fisheries1 or that support other interests of the ,united ,states2 7,b7 summarize existing activities by ,federal agencies and entities described in subsection 7a77#b7 to address the conservation of coral reef ecosystems identified pursuant to subparagraph 7,a72 7,c7 establish goals1 objectives1 and specific targets for conservation of priority international coral reef ecosystems2 7,d7 describe appropriate activities to achieve the goals and targets for international coral reef conservation1 in particular those that leverage activities already conducted under this title2 7,e7 develop a plan to coordinate implementation of the strategy with entities described in subsection 7a77#b7 in order to leverage current activities under this title and other conservation efforts globally2 7,f7 identify appropriate partnerships1 grants1 or other funding and technical assistance mechanisms to carry out the strategy2 and 7,g7 develop criteria for prioritizing partnerships under subsection 7c74 7c7 ,international coral reef ecosystem partnerships 7#a7 ,in general ,the ,secretary shall establish an international coral reef ecosystem partnership program to provide support1 including funding and technical assistance1 for activities that implement the strategy developed pursuant to subsection 7b74 7#b7 ,mechanisms ,the ,secretary shall provide such support through existing authorities1 working in collaboration with the entities described in subsection 7a77#b74 7#c7 ,agreements ,the ,secretary may execute and perform such contracts1 leases1 grants1 cooperative agreements1 or other transactions as may be necessary to carry out the purposes of this section4 7#d7 ,transfer of funds ,to implement this section and subject to the availability of funds1 the ,secretary may transfer funds to a foreign government or international organization1 and may accept transfers of funds from such entities1 except that no more than #e percent of funds appropriated to carry out this section may be transferred4 7#e7 ,criteria for approval ,the ,secretary may not approve a partnership proposal under this section unless the partnership is consistent with the international coral reef ecosystem strategy developed pursuant to subsection 7b71 and meets the criteria specified in that strategy4 4 #ab4 ,community-based planning grants ,the ,act 7#af ,u4,s4,c4 #fdja et seq47 is amended by inserting after section #bji1 as added by section #aa of this ,act1 the following3 #baj4 ,community-based planning grants 7a7 ,in general ,the ,secretary may make grants to entities that have received grants under section #bjd to provide additional funds to such entities to work with local communities and through appropriate ,federal and ,state entities to prepare and implement plans for the increased protection of coral reef areas identified by the community and scientific experts as high priorities for focused attention4 ,the plans shall-- 7#a7 support attainment of one or more of the criteria described in section #bjd7;g72 7#b7 be developed at the community level2 7#c7 utilize watershed-based approaches2 7#d7 provide for coordination with ,federal and ,state experts and managers2 and 7#e7 build upon local approaches1 strategies1 or models1 including traditional or island-based resource management concepts4 7b7 ,terms and conditions ,the provisions of subsections 7b71 7d71 7f71 and 7h7 of section #bjd apply to grants under subsection 7a71 except that1 for the purpose of applying section #bjd7;b77#a7 to grants under this section1 #ge percent shall be substituted for #ej percent4 4 #ac4 ,vessel grounding inventory ,the ,act 7#af ,u4,s4,c4 #fdja et seq47 is amended by inserting after section #baj1 as added by section #ab of this ,act1 the following3 #baa4 ,vessel grounding inventory 7a7 ,in general ,the ,secretary may maintain an inventory of all vessel grounding incidents involving coral reefs1 including a description of-- 7#a7 the impacts to affected coral reef ecosystems2 7#b7 vessel and ownership information1 if available2 7#c7 the estimated cost of removal1 mitigation1 or restoration2 7#d7 the response action taken by the owner1 the ,secretary1 the ,commandant of the ,coast ,guard1 or other ,federal or ,state agency representatives2 7#e7 the status of the response action1 including the dates of vessel removal and mitigation or restoration and any actions taken to prevent future grounding incidents2 and 7#f7 recommendations for additional navigational aids or other mechanisms for preventing future grounding incidents4 7b7 ,identification of at-,risk reefs ,the ,secretary may-- 7#a7 use information from any inventory maintained under subsection 7a7 or any other available information source to identify coral reef ecosystems that have a high incidence of vessel impacts1 including groundings and anchor damage2 7#b7 identify appropriate measures1 including the acquisition and placement of aids to navigation1 moorings1 designated anchorage areas1 fixed anchors1 and other devices1 to reduce the likelihood of such impacts2 and 7#c7 develop a strategy and timetable to implement such measures1 including cooperative actions with other government agencies and non-governmental partners4 4 #ad4 ,prohibited activities 7a7 ,in general ,the ,act 7#af ,u4,s4,c4 #fdja et seq47 is amended by inserting after section #baa1 as added by section #ac of this ,act1 the following3 #bab4 ,prohibited activities and scope of prohibitions 7a7 ,provisions as complementary ,the provisions of this section are in addition to1 and shall not affect the operation of1 other ,federal1 ,state1 or local laws or regulations providing protection to coral reef ecosystems4 7b7 ,destruction1 loss1 taking1 or injury 7#a7 ,in general ,except as provided in paragraph 7#b71 it is unlawful for any person to destroy1 take1 cause the loss of1 or injure any coral reef or any component thereof4 7#b7 ,exceptions ,the destruction1 loss1 taking1 or injury of a coral reef or any component thereof is not unlawful if it-- 7,a7 was caused by the use of fishing gear used in a manner permitted under the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq47 or other ,federal or ,state law2 7,b7 was caused by an activity that is authorized or allowed by ,federal or ,state law 7including lawful discharges from vessels1 such as graywater1 cooling water1 engine exhaust1 ballast water1 or sewage from marine sanitation devices71 unless the destruction1 loss1 or injury resulted from actions such as vessel groundings1 vessel scrapings1 anchor damage1 excavation not authorized by ,federal or ,state permit1 or other similar activities2 7,c7 was the necessary result of bona fide marine scientific research 7including marine scientific research activities approved by ,federal1 ,state1 or local permits71 other than excessive sampling or collecting1 or actions such as vessel groundings1 vessel scrapings1 anchor damage1 excavation1 or other similar activities2 7,d7 was caused by a ,federal ,government agency-- 7i7 during-- 7,i7 an emergency that posed an unacceptable threat to human health or safety or to the marine environment2 7,,ii7 an emergency that posed a threat to national security2 or 7,,iii7 an activity necessary for law enforcement or search and rescue2 and 7ii7 could not reasonably be avoided2 or 7,e7 was caused by an action taken by the master of the vessel in an emergency situation to ensure the safety of the vessel or to save a life at sea4 7c7 ,interference with enforcement ,it is unlawful for any person to interfere with the enforcement of this title by-- 7#a7 refusing to permit any officer authorized to enforce this title to board a vessel 7other than a vessel operated by the ,department of ,defense or ,united ,states ,coast ,guard7 subject to such person's control for the purposes of conducting any search or inspection in connection with the enforcement of this title2 7#b7 resisting1 opposing1 impeding1 intimidating1 harassing1 bribing1 interfering with1 or forcibly assaulting any person authorized by the ,secretary to implement this title or any such authorized officer in the conduct of any search or inspection performed under this title2 or 7#c7 submitting false information to the ,secretary or any officer authorized to enforce this title in connection with any search or inspection conducted under this title4 7d7 ,violations of title1 permit1 or regulation ,it is unlawful for any person to violate any provision of this title1 any permit issued pursuant to this title1 or any regulation promulgated pursuant to this title4 7e7 ,possession and distribution ,it is unlawful for any person to possess1 sell1 deliver1 carry1 transport1 or ship by any means any coral taken in violation of this title4 4 7b7 ,emergency action regulations ,the ,secretary of ,commerce shall initiate a rulemaking proceeding to prescribe the circumstances and conditions under which the exception in section #bab7;b77#b77;,e7 of the ,coral ,reef ,conservation ,act of #bjjj1 as amended by subsection 7a71 applies and shall issue a final rule pursuant to that rulemaking as soon as practicable but not later than #a year after the date of enactment of this ,act4 ,nothing in this subsection shall be construed to require the issuance of such regulations before the exception provided by that section is in effect4 #ae4 ,destruction of coral reefs ,the ,act 7#af ,u4,s4,c4 #fdja et seq47 is amended by inserting after section #bab1 as added by section #ad of this ,act1 the following3 #bac4 ,destruction1 loss1 or taking of1 or injury to1 coral reefs 7a7 ,liability 7#a7 ,liability to the united states ,except as provided in subsection 7f71 all persons who engage in an activity that is prohibited under subsections 7b7 or 7d7 of section #bab1 or create an imminent risk thereof1 are liable1 jointly and severally1 to the ,united ,states for an amount equal to the sum of-- 7,a7 response costs and damages resulting from the destruction1 loss1 taking1 or injury1 or imminent risk thereof1 including damages resulting from the response actions2 7,b7 costs of seizure1 forfeiture1 storage1 and disposal arising from liability under this section2 and 7,c7 interest on that amount calculated in the manner described in section #ajje of the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgje74 7#b7 ,liability in rem 7,a7 ,any vessel used in an activity that is prohibited under subsection 7b7 or 7d7 of section #bab1 or creates an imminent risk thereof1 shall be liable in rem to the ,united ,states for an amount equal to the sum of-- 7i7 response costs and damages resulting from such destruction1 loss1 taking1 or injury1 or imminent risk thereof1 including damages resulting from the response actions2 7ii7 costs of seizure1 forfeiture1 storage1 and disposal arising from liability under this section2 and 7iii7 interest on that amount calculated in the manner described in section #ajje of the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgje74 7,b7 ,the amount of liability shall constitute a maritime lien on the vessel and may be recovered in an action in rem in any district court of the ,united ,states that has jurisdiction over the vessel4 7#c7 ,defenses ,a person or vessel is not liable under this subsection if that person or vessel establishes that the destruction1 loss1 taking1 or injury was caused solely by an act of ,god1 an act of war1 or an act or omission of a third party 7other than an employee or agent of the defendant or one whose act or omission occurs in connection with a contractual relationship1 existing directly or indirectly with the defendant71 and the person or master of the vessel acted with due care4 7#d7 ,no limit to liability ,nothing in sections #cjeja through #cjeab or section #cjgjf of title #df1 ,united ,states ,code1 shall limit liability to any person under this title4 7b7 ,response actions and damage assessment 7#a7 ,response actions ,the ,secretary may undertake or authorize all necessary actions to prevent or minimize the destruction1 loss1 or taking of1 or injury to1 coral reefs1 or components thereof1 or to minimize the risk or imminent risk of such destruction1 loss1 taking1 or injury4 7#b7 ,damage assessment 7,a7 ,the ,secretary shall assess damages 7as defined in section #bba7h77 to coral reefs and shall consult with ,state officials regarding response and damage assessment actions undertaken for coral reefs within ,state waters4 7,b7 ,there shall be no double recovery under this chapter for coral reef damages1 including the cost of damage assessment1 for the same incident4 7c7 ,commencement of civil action for response costs and damages 7#a7 ,commencement ,the ,attorney ,general1 upon the request of the ,secretary1 may commence a civil action against any person or vessel that may be liable under subsection 7a7 of this section for response costs1 seizure1 forfeiture1 storage1 or disposal costs1 and damages1 and interest on that amount calculated in the manner described in section #ajje of the ,oil ,pollution ,act of #aiij 7#cc ,u4,s4,c4 #bgje74 ,the ,secretary1 acting as trustee for coral reefs for the ,united ,states1 shall submit a request for such an action to the ,attorney ,general whenever a person or vessel may be liable for such costs or damages4 7#b7 ,venue in civil actions ,a civil action under this title may be brought in the ,united ,states district court for any district in which-- 7,a7 the defendant is located1 resides1 or is doing business1 in the case of an action against a person2 7,b7 the vessel is located1 in the case of an action against a vessel2 7,c7 the destruction1 loss1 or taking of1 or injury to a coral reef1 or component thereof1 occurred or in which there is an imminent risk of such destruction1 loss1 taking1 or injury2 or 7,d7 where some or all of the coral reef or component thereof that is the subject of the action is not within the territory covered by any ,united ,states district court1 such action may be brought either in the ,united ,states district court for the district closest to the location where the destruction1 loss1 taking1 injury1 or risk of injury occurred1 or in the ,united ,states ,district ,court for the ,district of ,columbia4 7d7 ,use of recovered amounts 7#a7 ,in general ,any costs1 including response costs and damages recovered by the ,secretary under this section shall-- 7,a7 be deposited into an account or accounts in the ,damage ,assessment ,restoration ,revolving ,fund established by the ,department of ,commerce ,appropriations ,act1 #aiia 7#cc ,u4,s4,c4 #bgjf note71 or the ,natural ,resource ,damage ,assessment and ,restoration ,fund established by the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #aiib 7#dc ,u4,s4,c4 #adgd;b71 as appropriate given the location of the violation2 7,b7 be available for use by the ,secretary without further appropriation and remain available until expended2 and 7,c7 be for use1 as the ,secretary considers appropriate-- 7i7 to reimburse the ,secretary or any other ,federal or ,state agency that conducted activities under subsection 7a7 or 7b7 of this section for costs incurred in conducting the activity2 7ii7 to be transferred to the ,emergency ,response1 ,stabilization1 and ,restoration ,account established under section #bjh7;d7 to reimburse that account for amounts used for authorized emergency actions2 and 7iii7 after reimbursement of such costs1 to restore1 replace1 or acquire the equivalent of any coral reefs1 or components thereof1 including the reasonable costs of monitoring1 or to minimize or prevent threats of equivalent injury to1 or destruction of coral reefs1 or components thereof4 7#b7 ,restoration considerations ,in development of restoration alternatives under paragraph 7#a77;,c71 the ,secretary shall consider ,state and territorial preferences and1 if appropriate1 shall prioritize restoration projects with geographic and ecological linkages to the injured resources4 7e7 ,statute of limitations ,an action for response costs or damages under subsection 7c7 shall be barred unless the complaint is filed not later than #c years after the date on which the ,secretary completes a damage assessment and restoration plan for the coral reefs1 or components thereof1 to which the action relates4 7f7 ,federal government activities ,in the event of threatened or actual destruction of1 loss of1 taking of1 or injury to a coral reef or component thereof resulting from an incident caused by a component of any ,department or agency of the ,united ,states ,government1 the cognizant ,department or agency shall satisfy its obligations under this section by promptly1 in coordination with the ,secretary1 taking appropriate actions to respond to and mitigate the harm and restoring or replacing the coral reef or components thereof and reimbursing the ,secretary for all assessment costs4 7g7 ,uniformed service officers and employees ,no officer or employee of a uniformed service 7as defined in section #aja of title #aj1 ,united ,states ,code7 shall be held liable under this section1 either in such officer's or employee's personal or official capacity1 for any violation of section #bab occurring during the performance of the officer's or employee's official governmental duties4 7h7 ,contract employees ,no contract employee of a uniformed service 7as defined in section #aja of title #aj1 ,united ,states ,code71 serving as vessel master or crew member1 shall be liable under this section for any violation of section #bab if that contract employee-- 7#a7 is acting as a contract employee of a uniformed service under the terms of an operating contract for a vessel owned by a uniformed service1 or a time charter for pre-positioned vessels1 special mission vessels1 or vessels exclusively transporting military supplies and materials2 and 7#b7 is engaged in an action or actions over which such employee has been given no discretion 7such as1 anchoring or mooring at one or more designated anchorages or buoys1 or executing specific operational elements of a special mission activity71 as determined by the uniformed service controlling the contract4 4 #af4 ,enforcement ,the ,act 7#af ,u4,s4,c4 #fdja et seq47 is amended by inserting after section #bac1 as added by section #ae of this ,act1 the following3 #bad4 ,enforcement 7a7 ,in general ,the ,secretary shall conduct enforcement activities to carry out this title4 7b7 ,powers of authorized officers 7#a7 ,in general ,any person who is authorized to enforce this title may-- 7,a7 board1 search1 inspect1 and seize any vessel or other conveyance suspected of being used to violate this title1 any regulation promulgated under this title1 or any permit issued under this title1 and any equipment1 stores1 and cargo of such vessel1 except that such authority shall not exist with respect to vessels owned or time chartered by a uniformed service 7as defined in section #aja of title #aj1 ,united ,states ,code7 as warships or naval auxiliaries2 7,b7 seize wherever found any component of coral reef taken or retained in violation of this title1 any regulation promulgated under this title1 or any permit issued under this title2 7,c7 seize any evidence of a violation of this title1 any regulation promulgated under this title1 or any permit issued under this title2 7,d7 execute any warrant or other process issued by any court of competent jurisdiction2 7,e7 exercise any other lawful authority2 and 7,f7 arrest any person1 if there is reasonable cause to believe that such person has committed an act prohibited by section #bab4 7#b7 ,naval auxiliary defined ,in this subsection1 the term naval auxiliary means a vessel1 other than a warship1 that is owned by or under the exclusive control of a uniformed service and used at the time of the destruction1 taking1 loss or injury for government1 non-commercial service1 including combat logistics force vessels1 pre-positioned vessels1 special mission vessels1 or vessels exclusively used to transport military supplies and materials4 7c7 ,civil enforcement and permit sanctions 7#a7 ,civil administrative penalty ,any person subject to the jurisdiction of the ,united ,states who violates this title or any regulation promulgated or permit issued hereunder1 shall be liable to the ,united ,states for a civil administrative penalty of not more than #bjj1jjj for each such violation1 to be assessed by the ,secretary4 ,each day of a continuing violation shall constitute a separate violation4 ,in determining the amount of civil administrative penalty1 the ,secretary shall take into account the nature1 circumstances1 extent1 and gravity of the prohibited acts committed and1 with respect to the violator1 the degree of culpability1 and any history of prior violations1 and such other matters as justice may require4 ,in assessing such penalty1 the ,secretary may also consider information related to the ability of the violator to pay4 7#b7 ,permit sanctions ,for any person subject to the jurisdiction of the ,united ,states who has been issued or has applied for a permit under this title1 and who violates this title or any regulation or permit issued under this title1 the ,secretary may deny1 suspend1 amend1 or revoke in whole or in part any such permit4 ,for any person who has failed to pay or defaulted on a payment agreement of any civil penalty or criminal fine or liability assessed pursuant to any natural resource law administered by the ,secretary1 the ,secretary may deny1 suspend1 amend or revoke in whole or in part any permit issued or applied for under this title4 7#c7 ,imposition of civil judicial penalties ,any person who violates any provision of this title1 any regulation promulgated or permit issued thereunder1 shall be subject to a civil judicial penalty not to exceed #bej1jjj for each such violation4 ,each day of a continuing violation shall constitute a separate violation4 ,the ,attorney ,general1 upon the request of the ,secretary1 may commence a civil action in an appropriate district court of the ,united ,states1 and such court shall have jurisdiction to award civil penalties and such other relief as justice may require4 ,in determining the amount of a civil penalty1 the court shall take into account the nature1 circumstances1 extent1 and gravity of the prohibited acts committed and1 with respect to the violator1 the degree of culpability1 any history of prior violations1 and such other matters as justice may require4 ,in imposing such penalty1 the district court may also consider information related to the ability of the violator to pay4 7#d7 ,notice ,no penalty or permit sanction shall be assessed under this subsection until after the person charged has been given notice and an opportunity for a hearing4 7#e7 ,in rem jurisdiction ,a vessel used in violating this title1 any regulation promulgated under this title1 or any permit issued under this title1 shall be liable in rem for any civil penalty assessed for such violation4 ,such penalty shall constitute a maritime lien on the vessel and may be recovered in an action in rem in the district court of the ,united ,states having jurisdiction over the vessel4 7#f7 ,collection of penalties ,if any person fails to pay an assessment of a civil penalty under this section after it has become a final and unappealable order1 or after the appropriate court has entered final judgment in favor of the ,secretary1 the ,secretary shall refer the matter to the ,attorney ,general1 who shall recover the amount assessed in any appropriate district court of the ,united ,states 7plus interest at current prevailing rates from the date of the final order74 ,in such action1 the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review4 ,any person who fails to pay1 on a timely basis1 the amount of an assessment of a civil penalty shall be required to pay1 in addition to such amount and interest1 attorney's fees and costs for collection proceedings and a quarterly nonpayment penalty for each quarter during which such failure to pay persists4 ,such nonpayment penalty shall be in an amount equal to #bj percent of the aggregate amount of such person's penalties and nonpayment penalties that are unpaid as of the beginning of such quarter4 7#g7 ,compromise or other action by secretary ,the ,secretary may compromise1 modify1 or remit1 with or without conditions1 any civil administrative penalty or permit sanction which is or may be imposed under this section and that has not been referred to the ,attorney ,general for further enforcement action4 7#h7 ,jurisdiction ,the several district courts of the ,united ,states shall have jurisdiction over any actions brought by the ,united ,states arising under this section4 ,for the purpose of this section1 ,american ,samoa shall be included within the judicial district of the ,district ,court of the ,united ,states for the ,district of ,hawaii4 ,each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred1 but also in any other district as authorized by law4 7d7 ,forfeiture 7#a7 ,criminal forfeiture 7,a7 ,in general ,a person who is convicted of an offense in violation of this title shall forfeit to the ,united ,states-- 7i7 any property1 real or personal1 constituting or traceable to the gross proceeds taken1 obtained1 or retained1 in connection with or as a result of the offense1 including1 without limitation1 any coral reef or coral reef component 7or the fair market value thereof72 and 7ii7 any property1 real or personal1 used or intended to be used1 in any manner1 to commit or facilitate the commission of the offense1 including1 without limitation1 any vessel 7including the vessel's equipment1 stores1 catch and cargo71 vehicle1 aircraft1 or other means of transportation4 7,b7 ,applicable provisions ,pursuant to section #bdfa7;c7 of title #bh1 ,united ,states ,code1 the provisions of section #dac of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hec7 other than subsection 7d7 thereof shall apply to criminal forfeitures under this section4 7#b7 ,civil forfeiture ,the property set forth below shall be subject to forfeiture to the ,united ,states in accordance with the provisions of chapter #df of title #ah1 ,united ,states ,code1 and no property right shall exist in it3 7,a7 ,any property1 real or personal1 constituting or traceable to the gross proceeds taken1 obtained1 or retained1 in connection with or as a result of a violation of this title1 including1 without limitation1 any coral reef or coral reef component 7or the fair market value thereof74 7,b7 ,any property1 real or personal1 used or intended to be used1 in any manner1 to commit or facilitate the commission of a violation of this title1 including1 without limitation1 any vessel 7including the vessel's equipment1 stores1 catch and cargo71 vehicle1 aircraft1 or other means of transportation4 7#c7 ,application of the customs laws ,all provisions of law relating to seizure1 summary judgment1 and judicial forfeiture and condemnation for violation of the customs laws1 the disposition of the property forfeited or condemned or the proceeds from the sale thereof1 the remission or mitigation of such forfeitures1 and the compromise of claims shall apply to seizures and forfeitures incurred1 or alleged to have been incurred1 under the provisions of this title1 insofar as applicable and not inconsistent with the provisions hereof4 ,for seizures and forfeitures of property under this section by the ,secretary1 such duties as are imposed upon the customs officer or any other person with respect to the seizure and forfeiture of property under the customs law may be performed by such officers as are designated by the ,secretary or1 upon request of the ,secretary1 by any other agency that has authority to manage and dispose of seized property4 7#d7 ,presumption ,for the purposes of this section there is a rebuttable presumption that all coral reefs1 or components thereof1 found on board a vessel that is used or seized in connection with a violation of this title or of any regulation promulgated under this title were taken1 obtained1 or retained in violation of this title or of a regulation promulgated under this title4 7e7 ,payment of storage1 care1 and other costs ,any person assessed a civil penalty for a violation of this title or of any regulation promulgated under this title and any claimant in a forfeiture action brought for such a violation1 shall be liable for the reasonable costs incurred by the ,secretary in storage1 care1 and maintenance of any property seized in connection with the violation4 7f7 ,expenditures 7#a7 ,notwithstanding section #ccjb of title #ca1 ,united ,states ,code1 or section #caa of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahfa71 amounts received by the ,united ,states as civil penalties under subsection 7c7 of this section1 forfeitures of property under subsection 7d7 of this section1 and costs imposed under subsection 7e7 of this section1 shall-- 7,a7 be placed into an account2 7,b7 be available for use by the ,secretary without further appropriation2 and 7,c7 remain available until expended4 7#b7 ,amounts received under this section for forfeitures under subsection 7d7 and costs imposed under subsection 7e7 shall be used to pay the reasonable and necessary costs incurred by the ,secretary to provide temporary storage1 care1 maintenance1 and disposal of any property seized in connection with a violation of this title or any regulation promulgated under this title4 7#c7 ,amounts received under this section as civil penalties under subsection 7c7 of this section and any amounts remaining after the operation of paragraph 7#b7 of this subsection shall-- 7,a7 be used to stabilize1 restore1 or otherwise manage the coral reef with respect to which the violation occurred that resulted in the penalty or forfeiture2 7,b7 be transferred to the ,emergency ,response1 ,stabilization1 and ,restoration ,account established under section #bjh7;d7 or an account described in section #bac7;d77#a7 of this title1 to reimburse such account for amounts used for authorized emergency actions2 7,c7 be used to conduct monitoring and enforcement activities2 7,d7 be used to conduct research on techniques to stabilize and restore coral reefs2 7,e7 be used to conduct activities that prevent or reduce the likelihood of future damage to coral reefs2 7,f7 be used to stabilize1 restore or otherwise manage any other coral reef2 or 7,g7 be used to pay a reward to any person who furnishes information leading to an assessment of a civil penalty1 or to a forfeiture of property1 for a violation of this title or any regulation promulgated under this title4 7g7 ,criminal enforcement 7#a7 ,any person 7other than a foreign government or any entity of such government7 who knowingly commits any act prohibited by section #bab7;c7 of this title shall be imprisoned for not more than #e years and shall be fined not more than #ejj1jjj for individuals or #a1jjj1jjj for an organization2 except that if in the commission of any such offense the individual uses a dangerous weapon1 engages in conduct that causes bodily injury to any officer authorized to enforce the provisions of this title1 or places any such officer in fear of imminent bodily injury1 the maximum term of imprisonment is not more than #aj years4 7#b7 ,any person 7other than a foreign government or any entity of such government7 who knowingly violates subsection 7b71 7d71 or 7e7 of section #bab shall be fined under title #ah1 ,united ,states ,code1 or imprisoned not more than #e years or both4 7#c7 ,any person 7other than a foreign government or any entity of such government7 who violates subsection 7b71 7d71 or 7e7 of section #bab1 and who1 in the exercise of due care should know that such person's conduct violates subsection 7b71 7d71 or 7e7 of section #bab1 shall be fined under title #ah1 ,united ,states ,code1 or imprisoned not more than #a year1 or both4 7#d7 ,the several district courts of the ,united ,states shall have jurisdiction over any actions brought by the ,united ,states arising under this subsection4 ,for the purpose of this subsection1 ,american ,samoa shall be included within the judicial district of the ,district ,court of the ,united ,states for the ,district of ,hawaii4 ,each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred1 but also in any other district as authorized by law4 ,any offenses not committed in any district are subject to the venue provisions of section #cbch of title #ah1 ,united ,states ,code4 7h7 ,subpoenas ,in the case of any investigation or hearing under this section or any other natural resource statute administered by the ,national ,oceanic and ,atmospheric ,administration which is determined on the record in accordance with the procedures provided for under section #eed of title #e1 ,united ,states ,code1 the ,secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers1 books1 electronic files1 and documents1 and may administer oaths4 7i7 ,coast guard authority not limited ,nothing in this section shall be considered to limit the authority of the ,coast ,guard to enforce this or any other ,federal law under section #hi of title #ad1 ,united ,states ,code4 7j7 ,injunctive relief 7#a7 ,if the ,secretary determines that there is an imminent risk of destruction1 loss1 taking1 or injury to a coral reef1 or that there has been actual destruction1 loss1 taking1 or injury to1 a coral reef which may give rise to liability under section #bac of this title1 the ,attorney ,general1 upon request of the ,secretary1 shall seek to obtain such relief as may be necessary to abate such risk or actual destruction1 loss1 taking1 or injury1 or to restore or replace the coral reef1 or both4 ,the district courts of the ,united ,states shall have jurisdiction in such a case to order such relief as the public interest and the equities of the case may require4 7#b7 ,upon the request of the ,secretary1 the ,attorney ,general may seek to enjoin any person who is alleged to be in violation of any provision of this title1 or any regulation or permit issued under this title1 and the district courts shall have jurisdiction to grant such relief4 7k7 ,area of application and enforceability ,the area of application and enforceability of this title includes the internal waters of the ,united ,states1 the territorial sea of the ,united ,states1 as described in ,presidential ,proclamation #eibh of ,december #bg1 #aihh1 the ,exclusive ,economic ,zone of the ,united ,states as described in ,presidential ,proclamation #ejcj of ,march #aj1 #aihc1 and the continental shelf1 consistent with international law4 7l7 ,nationwide service of process ,in any action by the ,united ,states under this title1 process may be served in any district where the defendant is found1 resides1 transacts business1 or has appointed an agent for the service of process1 and for civil cases may also be served in a place not within the ,united ,states in accordance with rule #d of the ,federal ,rules of ,civil ,procedure4 7m7 ,venue in civil actions ,a civil action under this title may be brought in the ,united ,states district court for any district in which-- 7#a7 the defendant is located1 resides1 or is doing business1 in the case of an action against a person2 7#b7 the vessel is located1 in the case of an action against a vessel2 7#c7 the destruction of1 loss of1 or injury to a coral reef1 or component thereof1 occurred or in which there is an imminent risk of such destruction1 loss1 or injury2 or 7#d7 where some or all of the coral reef or component thereof that is the subject of the action is not within the territory covered by any ,united ,states district court1 such action may be brought either in the ,united ,states district court for the district closest to the location where the destruction1 loss1 injury1 or risk of injury occurred1 or in the ,united ,states ,district ,court for the ,district of ,columbia4 7n7 ,uniformed service officers and employees ,no officer or employee of a uniformed service 7as defined in section #aja of title #aj1 ,united ,states ,code7 shall be held liable under this section1 either in such officer's or employee's personal or official capacity1 for any violation of section #bab occurring during the performance of the officer's or employee's official governmental duties4 7o7 ,contract employees ,no contract employee of a uniformed service 7as so defined71 serving as vessel master or crew member1 shall be liable under this section for any violation of section #bab if that contract employee-- 7#a7 is acting as a contract employee of a uniformed service under the terms of an operating contract for a vessel owned by a uniformed service1 or a time charter for pre-positioned vessels1 special mission vessels1 or vessels exclusively transporting military supplies and materials2 and 7#b7 is engaged in an action or actions over which such employee has been given no discretion 7e4g41 anchoring or mooring at one or more designated anchorages or buoys1 or executing specific operational elements of a special mission activity71 as determined by the uniformed service controlling the contract4 4 #ag4 ,permits ,the ,act 7#af ,u4,s4,c4 #fdja et seq47 is amended by inserting after section #bad1 as added by section #af of this ,act1 the following3 #bae4 ,permits 7a7 ,in general ,the ,secretary may allow for the conduct of-- 7#a7 bona fide research1 and 7#b7 activities that would otherwise be prohibited by this title or regulations issued thereunder1 through issuance of coral reef conservation permits in accordance with regulations issued under this title4 7b7 ,limitation of non-,research activities ,the ,secretary may not issue a permit for activities other than for bona fide research unless the ,secretary finds-- 7#a7 the activity proposed to be conducted is compatible with one or more of the purposes in section #bjb of this title2 7#b7 the activity conforms to the provisions of all other laws and regulations applicable to the area for which such permit is to be issued2 and 7#c7 there is no practicable alternative to conducting the activity in a manner that destroys1 causes the loss of1 or injures any coral reef or any component thereof4 7c7 ,terms and conditions ,the ,secretary may place any terms and conditions on a permit issued under this section that the ,secretary deems reasonable4 7d7 ,fees 7#a7 ,assessment and collection ,subject to regulations issued under this title1 the ,secretary may assess and collect fees as specified in this subsection4 7#b7 ,amount ,any fee assessed shall be equal to the sum of-- 7,a7 all costs incurred1 or expected to be incurred1 by the ,secretary in processing the permit application1 including indirect costs2 and 7,b7 if the permit is approved1 all costs incurred1 or expected to be incurred1 by the ,secretary as a direct result of the conduct of the activity for which the permit is issued1 including costs of monitoring the conduct of the activity and educating the public about the activity and coral reef resources related to the activity4 7#c7 ,use of fees ,amounts collected by the ,secretary in the form of fees under this section shall be collected and available for use only to the extent provided in advance in appropriations ,acts and may be used by the ,secretary for issuing and administering permits under this section4 7#d7 ,waiver or reduction of fees ,for any fee assessed under paragraph 7#b71 the ,secretary may-- 7,a7 accept in-kind contributions in lieu of a fee2 or 7,b7 waive or reduce the fee4 7e7 ,fishing ,nothing in this section shall be considered to require a person to obtain a permit under this section for the conduct of any fishing activities not prohibited by this title or regulations issued thereunder4 4 #ah4 ,regional1 ,state1 and territorial coordination ,the ,act 7#af ,u4,s4,c4 #fdja et seq47 is amended by inserting after section #bae1 as added by section #ag of this ,act1 the following3 #baf4 ,regional1 state1 and territorial coordination 7a7 ,regional coordination ,the ,secretary and other ,federal members of the ,coral ,reef ,task ,force shall work in coordination and collaboration with other ,federal agencies1 ,states1 and ,united ,states territorial governments to implement the strategies developed under section #bjc1 including regional and local strategies1 to address multiple threats to coral reefs and coral reef ecosystems4 7b7 ,response and restoration activities ,the ,secretary shall enter into written agreements with each ,state in which coral reefs are located regarding the manner in which response and restoration activities will be conducted within the affected ,state's waters4 ,nothing in this subsection shall be construed to limit ,federal response and restoration activity authority before any such agreement is final4 7c7 ,cooperative enforcement agreements ,all cooperative enforcement agreements in effect at the date of enactment of the ,coral ,reef ,conservation ,amendments ,act of #bjac1 between the ,secretary and ,states affected by this title shall be updated to include enforcement of this title where appropriate4 4 #ai4 ,regulations ,the ,act 7#af ,u4,s4,c4 #fdja et seq47 is amended by inserting after section #baf1 as added by section #ah1 the following3 #bag4 ,regulations ,the ,secretary may issue such regulations as are necessary and appropriate to carry out the purposes of this title4 ,this title and any regulations promulgated under this title shall be applied in accordance with international law4 ,no restrictions shall apply to or be enforced against a person who is not a citizen1 national1 or resident alien of the ,united ,states 7including foreign flag vessels7 unless in accordance with international law4 4 #bj4 ,effectiveness and assessment report ,section #bah 7formerly #af ,u4,s4,c4 #fdjg71 as redesignated by section #g of this ,act1 is amended to read as follows3 #bah4 ,effectiveness and assessment report 7a7 ,effectiveness report ,not later than ,march #a1 #bjac1 and every #c years thereafter1 the ,secretary shall submit to the ,senate ,committee on ,commerce1 ,science1 and ,transportation and the ,house of ,representatives ,committee on ,natural ,resources a report describing all activities undertaken to implement the strategies1 including-- 7#a7 a description of the funds obligated by each participating ,federal agency to advance coral reef conservation during each of the #c fiscal years next preceding the fiscal year in which the report is submitted2 7#b7 a description of ,federal interagency and cooperative efforts with ,states and ,united ,states territories to prevent or address overharvesting1 coastal runoff1 or other anthropogenic impacts on coral reefs1 including projects undertaken with the ,department of the ,interior1 ,department of ,agriculture1 the ,environmental ,protection ,agency1 and the ,united ,states ,army ,corps of ,engineers2 7#c7 a summary of the information contained in the vessel grounding inventory established under section #baa1 including additional authorization or funding1 needed for response and removal of such vessels2 and 7#d7 a description of ,federal disaster response actions taken pursuant to the ,national ,response ,plan to address damage to coral reefs and coral reef ecosystems4 7b7 ,assessment report ,not later than ,march #a1 #bjaf1 and every #e years thereafter1 the ,secretary will submit to the ,senate ,committee on ,commerce1 ,science1 and ,transportation and the ,house of ,representatives ,committee on ,natural ,resources an assessment of the conditions of ,u4,s4 coral reefs1 accomplishments under this title1 and the effectiveness of management actions to address threats to coral reefs4 4 #ba4 ,authorization of appropriations ,section #bai 7formerly #af ,u4,s4,c4 #fdjh71 as redesignated by section #g of this ,act1 is amended-- 7#a7 by striking #af1jjj1jjj for each of fiscal years #bjja1 #bjjb1 #bjjc1 and #bjjd1 in subsection 7a7 and inserting #cd1jjj1jjj for fiscal year #bjac1 #cf1jjj1jjj for fiscal year #bjad1 #ch1jjj1jjj for fiscal year #bjae1 and #dj1jjj1jjj for each of fiscal years #bjaf through #bjag1 of which no less than #bd percent per year 7for each of fiscal years #bjac through #bjag7 shall be used for the grant program under section #bjd1 no less than #f percent shall be used for ,fishery ,management ,councils1 and up to #aj percent per year shall be used for the ,fund established under section #bje7;a712 7#b7 by striking #a1jjj1jjj in subsection 7b7 and inserting #b1jjj1jjj2 7#c7 by striking subsection 7c7 and inserting the following3 7c7 ,community-,based planning grants ,there is authorized to be appropriated to the ,secretary to carry out section #baj #aj1jjj1jjj for each of fiscal years #bjac through #bjag1 to remain available until expended4 2 and 7#d7 by striking subsection 7d7 and inserting the following3 7d7 ,international coral reef conservation program ,there is authorized to be appropriated to the ,secretary to carry out section #bji #h1jjj1jjj for each of fiscal years #bjac through #bjag1 to remain available until expended4 4 #bb4 ,judicial review ,the ,act 7#af ,u4,s4,c4 #fdja et seq47 is amended by inserting after section #bai1 as redesignated by section #g of this ,act1 the following3 #bbj4 ,judicial review 7a7 ,in general ,chapter #g of title #e1 ,united ,states ,code1 is not applicable to any action taken by the ,secretary under this title1 except that-- 7#a7 review of any final agency action of the ,secretary taken pursuant to sections #bad7;c77#a7 and #bad7;c77#b7 may be had only by the filing of a complaint by an interested person in the ,united ,states ,district ,court for the appropriate district2 any such complaint shall be filed not later than #cj days after the date such final agency action is taken2 and 7#b7 review of any final agency action of the ,secretary taken pursuant to section #bae may be had by the filing of a petition for review by an interested person in the ,circuit ,court of ,appeals of the ,united ,states for the ,federal judicial district in which such person resides or transact business which is directly affected by the action taken2 such petition shall be filed not later than #abj days after the date such final agency action is taken4 7b7 ,no review in enforcement proceedings ,final agency action with respect to which review could have been obtained under subsection 7a77#b7 shall not be subject to judicial review in any civil or criminal proceeding for enforcement4 7c7 ,cost of litigation ,in any judicial proceeding under subsection 7a71 the court may award costs of litigation 7including reasonable attorney and expert witness fees7 to any prevailing party whenever it determines that such award is appropriate4 4 #bc4 ,definitions ,section #bba 7formerly #af ,u4,s4,c4 #fdji71 as redesignated by section #g of this ,act1 is amended to read as follows3 #bba4 ,definitions ,in this title3 7#a7 ,biodiversity ,the term biodiversity means the variability among living organisms from all sources including1 inter alia1 terrestrial1 marine1 and other aquatic ecosystems and the ecological complexes of which they are part1 including diversity within species1 between species1 and of ecosystems4 7#b7 ,bona fide research ,the term bona fide research means scientific research on corals1 the results of which are likely-- 7,a7 to be eligible for publication in a referred scientific journal2 7,b7 to contribute to the basic knowledge of coral biology or ecology2 or 7,c7 to identify1 evaluate1 or resolve conservation problems4 7#c7 ,coral ,the term coral means species of the phylum ,cnidaria1 including-- 7,a7 all species of the orders ,antipatharia 7black corals71 ,scleractinia 7stony corals71 ,gorgonacea 7horny corals71 ,stolonifera 7organpipe corals and others71 ,alcyonacea 7soft corals71 and ,helioporacea 7blue coral7 of the class ,anthozoa2 and 7,b7 all species of the families ,milleporidea 7fire corals7 and ,stylasteridae 7stylasterid hydrocorals7 of the class ,hydrozoa4 7#d7 ,coral reef ,the term coral reef means limestone structures composed in whole or in part of living corals1 as described in paragraph 7#c71 their skeletal remains1 or both1 and including other corals1 associated sessile invertebrates and plants1 and associated seagrasses4 7#e7 ,coral reef component ,the term coral reef component means any part of a coral reef1 including individual living or dead corals1 associated sessile invertebrates and plants1 and any adjacent or associated seagrasses4 7#f7 ,coral reef ecosystem ,the term coral reef ecosystem means the system of coral reefs and geographically associated species1 habitats1 and environment1 including any adjacent or associated mangroves and seagrass habitats1 and the processes that control its dynamics4 7#g7 ,coral products ,the term coral products means any living or dead specimens1 parts1 or derivatives1 or any product containing specimens1 parts1 or derivatives1 of any species referred to in paragraph 7#c74 7#h7 ,damages ,the term damages includes-- 7,a7 compensation for-- 7i7 the cost of replacing1 restoring1 or acquiring the equivalent of the coral reef1 or component thereof2 and 7ii7 the lost services of1 or the value of the lost use of1 the coral reef or component thereof1 or the cost of activities to minimize or prevent threats of1 equivalent injury to1 or destruction of coral reefs or components thereof1 pending restoration or replacement or the acquisition of an equivalent coral reef or component thereof2 7,b7 the reasonable cost of damage assessments under section #bac2 7,c7 the reasonable costs incurred by the ,secretary in implementing section #bjh7;d72 7,d7 the reasonable cost of monitoring appropriate to the injured1 restored1 or replaced resources2 7,e7 the reasonable cost of curation1 conservation and loss of contextual information of any coral encrusted archaeological1 historical1 and cultural resource2 7,f7 the cost of legal actions under section #bac1 undertaken by the ,united ,states1 associated with the destruction1 loss of1 taking of1 or injury to1 a coral reef or component thereof1 including the costs of attorney time and expert witness fees2 and 7,g7 the indirect costs associated with the costs listed in subparagraphs 7,a7 through 7,f7 of this paragraph4 7#i7 ,emergency actions ,the term emergency actions means all necessary actions to prevent or minimize the additional destruction1 loss of1 taking of1 or injury to1 coral reefs or components thereof1 or to minimize the risk of such additional destruction1 loss1 taking1 or injury4 7#aj7 ,exclusive economic zone ,the term ,exclusive ,economic ,zone means the waters of the ,exclusive ,economic ,zone of the ,united ,states under ,presidential ,proclamation #ejcj1 dated ,march #aj1 #aihc4 7#aa7 ,person ,the term person means any individual1 private or public corporation1 partnership1 trust1 institution1 association1 or any other public or private entity1 whether foreign or domestic1 private person or entity1 or any officer1 employee1 agent1 ,department1 agency1 or instrumentality of the ,federal ,government1 of any ,state or local unit of government1 or of any foreign government4 7#ab7 ,response costs ,the term response costs means the costs of actions taken or authorized by the ,secretary to minimize destruction1 loss of1 taking of1 or injury to1 a coral reef1 or component thereof1 or to minimize the imminent risks of such destruction1 loss1 taking1 or injury1 including costs related to seizure1 forfeiture1 storage1 or disposal arising from liability under section #bac4 7#ac7 ,secretary ,the term ,secretary means-- 7,a7 for purposes of sections #bja through #baa1 sections #bah through #bbj 7except as otherwise provided in subparagraph 7,b771 and the other paragraphs of this section1 the ,secretary of ,commerce1 acting through the ,administrator of the ,national ,oceanic and ,atmospheric ,administration2 and 7,b7 for purposes of sections #bab through #bag1 and section #bbj-- 7i7 the ,secretary of the ,interior for any coral reef or component thereof located in 7,i7 the ,national ,wildlife ,refuge ,system1 7,,ii7 the ,national ,park ,system1 and 7,,iii7 the waters surrounding ,wake ,island under the jurisdiction of the ,secretary of the ,interior1 as set forth in ,executive ,order #aajdh 7#bg ,fed4 ,reg4 #hhea 7,september #d1 #aifb772 or 7ii7 the ,secretary of ,commerce for any coral reef or component thereof located in any area not described in clause 7i74 7#ad7 ,service ,the term service means functions1 ecological or otherwise1 performed by a coral reef or component thereof4 7#ae7 ,state ,the term ,state means any ,state of the ,united ,states that contains a coral reef ecosystem within its seaward boundaries1 ,american ,samoa1 ,guam1 the ,northern ,mariana ,islands1 ,puerto ,rico1 and the ,virgin ,islands1 and any other territory or possession of the ,united ,states1 or separate sovereign in free association with the ,united ,states1 that contains a coral reef ecosystem within its seaward boundaries4 7#af7 ,territorial sea ,the term ,territorial ,sea means the waters of the ,territorial ,sea of the ,united ,states under ,presidential ,proclamation #eibh1 dated ,december #bg1 #aihh4 4