,i #aaith ,,congress #ast ,session ,h4 ,r4 #bagf ,,in ,,the ,,house ,,of ,,representatives ,march #ah1 #bjbe,mr4 ,case 7for himself and ,mr4 ,huffman7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committees on ,ways and ,means1 and ,foreign ,affairs1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to prohibit certain actions with respect to certain marine reef species1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,saving ,natural ,ecosystems and ,marine ,organisms ,act of #bjbe or the ,saving ,,nemo ,act of #bjbe4 #b4 ,prohibition with respect to certain marine reef species 7a7 ,designation of covered coral reef species 7#a7 ,in general ,the ,secretary of the ,interior shall designate as a covered coral reef species-- 7,a7 any marine reef species that is listed in ,appendix ,,ii of the ,convention on ,international ,trade in ,endangered ,species of ,wild ,fauna and ,flora-- 7i7 as of the effective date of this section2 and 7ii7 after the effective date of this section1 unless the ,secretary of the ,interior1 in consultation with the ,secretary of ,commerce1 finds1 not later than #ij days after the effective date of the inclusion of such species in ,appendix ,,ii1 that the take1 import1 and export of such species do not represent a substantial risk of harm to the sustainability of such species and the coral reef ecosystem of such species2 and 7,b7 any marine reef species the take1 import1 or export of which the ,secretary of the ,interior and the ,secretary of ,commerce jointly determine1 after notice and opportunity for public comment-- 7i7 presents a substantial risk of harm to the sustainability of such species or the coral reef ecosystem of such species2 or 7ii7 results in high mortality rates for individuals of such species due to poor survivorship in transport or captivity4 7#b7 ,removal of designation 7,a7 ,in general ,the ,secretary of the ,interior may remove the designation of a species as a covered coral reef species if the ,secretary determines that such removal does not represent a substantial risk of harm to the sustainability of such species or the coral reef ecosystem of such species4 7,b7 ,role of ,secretary of ,commerce ,in carrying out subparagraph 7,a71 the ,secretary of the ,interior shall consult with the ,secretary of ,commerce with respect to a covered coral reef species described in paragraph 7#a77;,a7 and act jointly with the ,secretary of ,commerce with respect to a covered coral reef species described in subparagraph 7#a77;,b74 7b7 ,prohibition ,it is unlawful for any person to-- 7#a7 take an individual of any covered coral reef species within waters under the jurisdiction of the ,united ,states2 7#b7 import into or export from the ,united ,states an individual of any covered coral reef species2 7#c7 possess1 sell1 purchase1 deliver1 carry1 transport1 or receive in interstate or foreign commerce an individual of any covered coral reef species taken or imported in violation of paragraph 7#a7 or 7#b72 or 7#d7 attempt to commit any act described in paragraphs 7#a7 through 7#c74 7c7 ,exceptions 7#a7 ,in general ,subsection 7b7 does not apply with respect to an individual of a covered coral reef species that is-- 7,a7 taken in accordance with a qualified scientifically-based management plan for such covered coral reef species1 as determined by the appropriate ,secretary2 7,b7 a product of a qualified cooperative breeding program for such covered coral reef species1 as determined by the appropriate ,secretary2 7,c7 a product of a qualified aquaculture or mariculture facility1 as determined by the appropriate ,secretary2 7,d7 taken pursuant to authorization by the ,secretary of ,commerce1 or imported or exported pursuant to authorization by the ,secretary of the ,interior1 for scientific purposes1 museum purposes1 or zoological breeding or display2 or 7,e7 taken pursuant to-- 7i7 an applicable incidental take permit issued under section #aj7;a77#a77;,b7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeci7;a77#a77;,b772 or 7ii7 an applicable permit issued by a country other than the ,united ,states if such permit is equivalent to an incidental take permit described in clause 7i71 as determined by the appropriate ,secretary4 7#b7 ,destructive collection practices ,the exceptions described in paragraph 7#a7 do not apply with respect to an individual of a covered coral reef species that is1 as determined by the appropriate ,secretary-- 7,a7 taken through the use of any destructive collection practice2 or 7,b7 imported or exported without a certification by the importer or exporter that such individual to be imported or exported was not taken through the use of any destructive collection practice4 7d7 ,enforcement 7#a7 ,civil penalties ,the ,secretary of the ,interior or the ,secretary of ,commerce1 upon finding a violation of subsection 7b71 may require the person responsible for such violation to pay a civil penalty in an amount determined under a schedule of penalties jointly issued by the ,secretary of the ,interior and the ,secretary of ,commerce1 but which does not exceed #be1jjj for each violation1 and which takes into account-- 7,a7 the nature of the violation involved2 7,b7 the monetary value of each individual of a covered coral reef species that is the subject of the violation involved2 7,c7 any previous violation of subsection 7b7 by the person2 and 7,d7 such other factors as the ,secretary of the ,interior or the ,secretary of ,commerce determines appropriate4 7#b7 ,declaratory or injunctive relief ,the ,attorney ,general may bring a civil action in an appropriate ,united ,states district court seeking declaratory or injunctive relief for any alleged violation of subsection 7b74 7#c7 ,criminal penalties 7,a7 ,in general ,any person that knowingly violates subsection 7b7 shall be fined in accordance with title #ah1 ,united ,states ,code1 imprisoned for not more than #f months1 or both4 7,b7 ,persons engaged in business ,any person engaged in business as an importer or exporter of a covered coral reef species that knowingly violates subsection 7b7 shall be fined in accordance with title #ah1 ,united ,states ,code1 imprisoned for not more than #b years1 or both4 7,c7 ,false statements in certifications ,any person that knowingly makes1 causes to be made1 or submits any false material statement or representation in a certification under subsection 7c77#b77;,b7 shall be fined in accordance with title #ah1 ,united ,states ,code1 imprisoned for not more than #b years1 or both1 and may also be prohibited from importing or exporting any covered coral reef species4 7#d7 ,rewards and incidental expenses 7,a7 ,in general ,the ,secretary of the ,interior or the ,secretary of ,commerce may pay1 from sums received as penalties1 fines1 or forfeitures of property for violations of subsection 7b7-- 7i7 a reward to any person that furnishes information which leads to an arrest1 criminal conviction1 civil penalty assessment1 or forfeiture of property for any violation of subsection 7b72 and 7ii7 the reasonable and necessary costs incurred by any person in providing temporary care for any individual of a covered coral reef species pending the disposition of any civil or criminal proceeding alleging a violation of subsection 7b74 7,b7 ,ineligibility of government officials ,any officer or employee of the ,united ,states or any ,state or local government who furnishes information or renders service in the performance of their official duties is ineligible to receive a reward under this paragraph4 7#e7 ,executive branch enforcement 7,a7 ,searches and seizures 7i7 ,in general ,any person authorized by the ,secretary of the ,interior1 the ,secretary of ,commerce1 the ,secretary of the ,treasury1 or the ,secretary of the ,department in which the ,coast ,guard is operating may search for and seize any individual of a covered coral reef species taken1 imported1 exported1 possessed1 sold1 purchased1 delivered1 carried1 transported1 or received in violation of subsection 7b71 as authorized by law4 7ii7 ,seized covered coral reef species ,each individual of a covered coral reef species seized under clause 7i7 shall be held by any person so authorized pending disposition of civil or criminal proceedings1 or the institution of an action in rem for forfeiture of each such individual pursuant to subparagraph 7,c71 except that the appropriate ,secretary may1 in lieu of holding each such individual1 allow the owner or consignee to post a bond or other surety satisfactory to the appropriate ,secretary1 but upon forfeiture of any such property to the ,united ,states1 or the abandonment or waiver of any claim to any such property1 it shall be disposed of 7other than by sale to the general public7 by the appropriate ,secretary in such a manner1 consistent with the purposes of this section1 as the appropriate ,secretary shall by regulation prescribe4 7,b7 ,citations ,if any officer authorized to enforce the provisions of this section finds that a person has violated subsection 7b71 such officer may1 in accordance with regulations jointly issued by the ,secretary of the ,interior1 the ,secretary of ,commerce1 and the ,secretary of the ,department in which the ,coast ,guard is operating1 issue a citation to the violator4 7,c7 ,forfeiture 7i7 ,covered coral reef species ,any individual of a covered coral reef species taken1 imported1 exported1 possessed1 sold1 delivered1 carried1 transported1 or received in interstate or foreign commerce in violation of subsection 7b7 shall be subject to forfeiture to the ,united ,states4 7ii7 ,equipment used in unlawful practices ,all guns1 traps1 nets1 and other equipment and vessels1 vehicles1 aircraft1 and other means of transportation used to aid a violation of subsection 7b71 shall be subject to forfeiture to the ,united ,states upon the conviction of the person that owns such equipment or means of transportation of a criminal violation pursuant to subparagraph 7,a7 or 7,b7 of paragraph 7#c74 7,d7 ,other provisions of law ,any provision of law relating to the seizure1 forfeiture1 and condemnation of a vessel for violation of a customs law1 the disposition of such vessel or the proceeds from the sale thereof1 and the remission or mitigation of such forfeiture shall apply to any seizure or forfeiture incurred or allegedly incurred under this section1 insofar as such provision of law is applicable and not inconsistent with the provisions of this section1 except that all powers1 rights1 and duties conferred or imposed by the customs laws upon any officer or employee of the ,department of the ,treasury shall1 for the purposes of this section1 be exercised or performed by the ,secretary of ,commerce or by such persons as the ,secretary of ,commerce may designate4 7#f7 ,citizen actions 7,a7 ,in general ,except as provided in subparagraph 7,d71 any person may commence a civil action to enjoin any person1 including the ,united ,states and any other governmental instrumentality or agency 7to the extent allowed by the #aath ,amendment to the ,constitution71 that is alleged to be in violation of subsection 7b74 7,b7 ,jurisdiction of district courts ,the ,united ,states ,district ,court for the judicial district in which the alleged violation occurs shall have jurisdiction in all actions brought under this paragraph1 without regard to the amount in controversy or the citizenship of the parties4 7,c7 ,intervention by ,attorney ,general ,in any action under this paragraph in which the ,united ,states is not a party1 the ,attorney ,general may intervene on behalf of the ,united ,states as a matter of right4 7,d7 ,exceptions ,no action may be commenced under this paragraph for an alleged violation of subsection 7b7-- 7i7 before the date that is #fj days after the date on which written notice of such alleged violation is given to the ,secretary of the ,interior1 the ,secretary of ,commerce1 and any alleged violator of such subsection2 or 7ii7 if the ,secretary of the ,interior1 the ,secretary of ,commerce1 or the ,attorney ,general has initiated an enforcement action under this subsection with respect to such alleged violation4 7,e7 ,recovery of court costs ,in any action brought pursuant to subparagraph 7,a71 the court may award costs of litigation 7including reasonable attorney and expert witness fees7 to any party whenever the court determines such award is appropriate4 7,f7 ,relief under other laws ,the injunctive relief provided by this paragraph shall not restrict any right which any person may have under any statute or common law to seek enforcement of any standard or limitation or to seek any other relief4 7#g7 ,american ,samoa ,for the purposes of any action brought under this subsection1 ,american ,samoa shall be included within the judicial district of the ,united ,states ,district ,court for the ,district of ,hawaii4 7e7 ,definitions ,in this section3 7#a7 ,appropriate ,secretary ,the term appropriate ,secretary means-- 7,a7 the ,secretary of ,commerce with respect to domestic matters2 7,b7 the ,secretary of ,commerce and the ,secretary of the ,interior with respect to foreign matters2 or 7,c7 the ,secretary with jurisdiction over the waters in which the matter is located with respect to matters located in waters within the exclusive economic zone4 7#b7 ,covered coral reef species ,the term covered coral reef species means any marine reef species designated by the ,secretary of the ,interior under subsection 7a74 7#c7 ,destructive collection practice 7,a7 ,in general ,the term destructive collection practice means any practice used to take an individual of a covered coral reef species that involves the use of any of the following3 7i7 ,reef-dredging4 7ii7 ,explosives4 7iii7 ,poison4 7iv7 ,any other destructive collection practice identified by the ,secretary of ,commerce by regulation1 in consultation with the ,secretary of the ,interior4 7,b7 ,presence of poisons ,for the purposes of this paragraph1 the presence of any poison1 or any metabolite associated with any such poison1 in an individual of a covered coral reef species shall constitute evidence that poison was used in the take of such individual4 7#d7 ,exclusive economic zone ,the term exclusive economic zone has the meaning given the term in section #c of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahjb74 7#e7 ,marine reef species ,the term marine reef species-- 7,a7 means a marine species that-- 7i7 as determined by the ,secretary of the ,interior1 lives primarily within a coral reef1 including species of coral2 and 7ii7 is collected commercially for the aquarium and curio trade2 and 7,b7 does not include a marine species described in subparagraph 7,a7 that is ordinarily taken for human consumption4 7#f7 ,qualified aquaculture or mariculture facility ,the term qualified aquaculture or mariculture facility means an aquaculture or mariculture facility that1 with respect to a covered coral reef species-- 7,a7 only sells individuals of the covered coral reef species that are produced by such facility2 7,b7 operates in a manner that is not detrimental to the conservation of the covered coral reef species in the wild2 7,c7 operates in a manner that does not harm the coral reef ecosystem of the covered coral reef species1 including by introducing non-indigenous species or pathogens2 and 7,d7 operates with safeguards sufficient to prevent the escape of-- 7i7 captive individuals of the covered coral reef species2 and 7ii7 eggs1 larvae1 young1 fragments1 and other organs of propagation of such covered coral reef species4 7#g7 ,qualified cooperative breeding program ,the term qualified cooperative breeding program means a cooperative breeding program that-- 7,a7 is designed to promote the conservation of a covered coral reef species and maintain such covered coral reef species in the wild by enhancing the propagation and survival of such covered coral reef species2 and 7,b7 is developed and administered by1 or in conjunction with1 an aquarium1 conservation1 or zoological organization that meets standards established by the appropriate ,secretary4 7#h7 ,qualified scientifically-based management plan ,the term qualified scientifically-based management plan means a scientifically-based management plan that-- 7,a7 provides for the conservation of a covered coral reef species and the habitat of such covered coral reef species2 7,b7 provides that individuals of a covered coral reef species are taken in a manner and in quantities that-- 7i7 do not threaten the biological sustainability of such covered coral reef species or the role of such covered coral reef species in the coral reef ecosystem of such covered coral reef species2 and 7ii7 minimize the adverse impact of the take of such covered coral reef species on the coral reef ecosystem of such covered coral reef species2 7,c7 addresses factors relevant to the conservation of the covered coral reef species1 including-- 7i7 illegal trade2 7ii7 domestic trade2 7iii7 subsistence use2 7iv7 disease2 7v7 habitat loss2 and 7vi7 cumulative effects of the take of the covered coral reef species2 and 7,d7 prohibits the use of destructive collection practices4 7f7 ,effective date ,this section shall take effect on the date that is #a year after the date of the enactment of this section4