Sec. 204. Increased protection for deep sea corals
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The Administrator shall designate as a Deep Sea Coral Marine Conservation Area any area where deep sea coral is found— that is— within the waters of the exclusive economic zone; or on the Outer Continental Shelf; and in which the Administrator or a Regional Fishery Management Council established under section 302 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1852 ) has prohibited the use of gear in contact with the ocean bottom, and towed from a vessel, which is moved through the water during fishing in order to capture fish, including otter trawls, beam trawls, hydraulic dredges, non-hydraulic dredges, and seines (with the exception of a purse seine).
Except as provided in subsection (c), the following activities are prohibited in a Deep Sea Coral Marine Conservation Area— exploring for, developing, or producing oil, gas, or minerals; using or attempting to use poisons, electrical charges, or explosives in the collection or harvest of any marine resource; intentionally introducing or otherwise releasing any non-native species; anchoring on any living or dead coral; drilling into, dredging, or otherwise altering the seafloor; use of bottom trawl nets or other bottom-tending fishing gear; and deliberate dumping or discharge of noxious substances, materials that may cause eutrophication, or materials that artificially increase endemic pest outbreaks.
Subsection
(b)shall not apply to— otherwise lawful conduct of the armed forces (as such term is defined in section 101 of title 10, United States Code) unless such conduct is deemed destructive by the Secretary of Commerce to a national marine monument or marine sanctuary; an action necessary to respond to an emergency threatening life, property, or the environment, or an activity necessary for a national security or law enforcement purpose; and scientific exploration or research activities, subject to such terms and conditions as the Secretaries consider necessary for the care and management of the living and nonliving marine resources of the Conservation Area. The Administrator shall, every two years, conduct an analysis and provide recommendations to each Regional Fishery Management Council established under 302 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1852 ) as to whether any additional area should be protected by a prohibition on the use of gear in contact with the ocean bottom, and towed from a vessel, which is moved through the water during fishing in order to capture fish, including otter trawls, beam trawls, hydraulic dredges, non-hydraulic dredges, and seines (with the exception of a purse seine).
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Sec. 204
Increased protection for deep sea corals
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