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Bill
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Title II — Marine Protected Areas

H.R. 8632 · 116th Congress · Oct 20, 2020 · Lineage

II Marine Protected Areas

Sec. 201 Policy

(a)
Protection of habitat— It is the policy of the United States—
(1)
to prohibit any commercial extractive or destructive human activity in at least 30 percent of the ocean under United States jurisdiction by 2030. The 30 percent shall include existing areas in which commercial extractive and destructive human activities are and continue to be prohibited; and
(2)
to support the adoption and implementation of a global goal to protect at least 30 percent of land and 30 percent of ocean areas by 2030 under the Convention on Biological Diversity.
(b)
Habitats and ecosystems subject to protection— It is the policy of the United States to protect ocean habitats and ecosystems that represent—
(1)
the diversity of the United States ocean;
(2)
areas important for conserving and, where appropriate, preserving biodiversity;
(3)
critical breeding, resting, and feeding habitats for wildlife;
(4)
interconnected networks of marine protected areas and wildlife migration corridors;
(5)
areas that will help mitigate the impacts of the climate crisis, including those areas that provide carbon storage, adaptation, and resilience benefits;
(6)
areas that are relatively pristine and least impacted by human activity; and
(7)
areas that help mitigate threats to the United States most vulnerable coastal communities, including protections for natural resources that support the economy and health of communities that rely on a healthy and clean ocean, in particular communities of color, low-income communities, and Tribal and Indigenous communities adversely affected by climate change.
(c)
Considerations in carrying out policy— A Federal agency carrying out the policies described in this section shall seek to carry out such policies in a manner that—
(1)
relies on best available science;
(2)
includes meaningful input from States, local communities, and Native American Tribes, and respects Tribal history of sustainable resource management, Indigenous sustainable resource management, Tribal sovereignty, and the right to Tribal self-determination;
(3)
improves access to nature for all people, with an emphasis on increasing access for communities of color and low-income communities;
(4)
provides ecological and geographic representation, taking into account that some Fishery Management Councils have taken action to ban the use of all bottom-tending fishing gear and all fishing gear with bycatch rates that adversely affect marine wildlife populations;
(5)
conserves, protects, and restores biodiversity;
(6)
protects ecosystems and the services of ecosystems, restores degraded ecosystems, and maintains ecological functions;
(7)
enhances climate mitigation, adaptation, and resilience, including by protecting ecosystems, species and genetic diversity;
(8)
supports sustainable economic opportunity for people who depend on the ocean for their livelihoods by making the ocean more resilient to climate change and enhancing ecosystem functioning;
(9)
evaluates the negative and positive economic impacts of such policies and considers ways to mitigate such negative impacts;
(10)
considers local and regional input in the design and implementation of protected areas, including input from stakeholders, and considers the cultural values, including seafaring and maritime heritage values, of the United States; and
(11)
provides tools and resources to ensure that protected areas are effectively managed.
(d)
Definitions— In this section:
(1)
Communities of color— The term communities of color means a geographically distinct area in which the population of any of the following categories of individuals is higher than the average populations of that category for the State in which the community is located:
(A)
Black.
(B)
African American.
(C)
Asian American.
(D)
Pacific Islander.
(E)
Other non-White race.
(F)
Hispanic.
(G)
Latino.
(H)
Linguistically isolated.
(2)
Protect and protection— Each of the terms protect and protection means the establishment of enduring measures on land, waters, and oceans that support thriving biodiversity, contribute to climate resilience, and provide ecosystem services, such that their natural character, resources, and functions are conserved, protected, restored and, when shown necessary, enhanced for current and future generations.

Sec. 202 Interagency Task Force

(a)
Establishment— Not later than 45 days after the date of enactment of this Act, the President shall establish the 30x30 Interagency Task Force.
(b)
Chair— The task force shall be chaired by the chair of the Council on Environmental Quality.
(c)
Composition— The President shall appoint the following individuals as members of the task force:
(1)
The Administrator of the Environmental Protection Agency.
(2)
The Administrator.
(3)
The Secretary of the Interior.
(4)
The Secretary of Defense.
(5)
The Secretary of State.
(6)
The Secretary of Energy.
(7)
The Secretary of Homeland Security.
(8)
The Director of the Office of Science and Technology Policy.
(d)
Plan— Not later than one year after the date on which the task force is established, the task force shall—
(1)
develop a plan and schedule consistent with the policy of prohibiting any commercial extractive or destructive human activity on at least 30 percent of the ocean under United States jurisdiction by 2030 that includes—
(A)
an update to the National Marine Protected Area Center’s Marine Protected Area Inventory;
(B)
the identification of candidate areas for protection that meet one or more of the criteria set out in section 201(b); and
(C)
annual benchmarks for achieving the policy described in subsection (d)(1); and
(2)
develop a plan to provide technical assistance, data, and other resources for identifying and establishing strongly protected areas of the ocean in areas beyond national jurisdiction that includes—
(A)
an inventory of areas already protected in areas of the ocean beyond the jurisdiction of the United States, and a description of any activities that are currently allowed in each of the areas; and
(B)
an inventory of areas that other countries or international governing bodies are considering making a marine protected area.
(e)
Inventory— The task force shall conduct an inventory of areas under United States jurisdiction that are subject to both a prohibition on all bottom-tending fishing gear and a prohibition on all fishing gear with bycatch rates that adversely affect marine wildlife populations, and identify additional prohibitions on nonfishing commercial activities in those areas.
(f)
Annual report— Not later than 2 years after the date of enactment of this Act, and annually thereafter, the task force shall submit a report to Congress on the progress of the United States in meeting the policy described in subsection (d)(1).
(g)
Agency plans— Not later than 180 days after the date on which the task force issues a plan under subsection (d), each member of the task force shall develop and implement an agency plan for actions to be taken to implement such task force plan.
(h)
Public comment and consultation— The development of a plan under subsection (e) and the development of a plan under subsection (g) shall be subject to public comment and carried out in consultation with relevant Regional Fishery Management Councils established under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
(i)
Definitions— In this section the term task force means the 30x30 Interagency Task Force established pursuant to subsection (a).

Sec. 203 Initiate designation process for successful sanctuary nominations and technical corrections to the National Marine Sanctuaries Act

(a)
In general— Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce shall initiate the process to designate as a national marine sanctuary under section 304 of the National Marine Sanctuaries Act (16 U.S.C. 1433) each of the areas identified in the Inventory of Successful Nominations of the National Oceanic and Atmospheric Administration as of October 20, 2020.
(b)
Removal of limitations on designations— Section 304 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1434) is amended by striking subsection (f).

Sec. 204 Increased protection for deep sea corals

(a)
Designation— The Administrator shall designate as a Deep Sea Coral Marine Conservation Area any area where deep sea coral is found—
(1)
that is—
(A)
within the waters of the exclusive economic zone; or
(B)
on the Outer Continental Shelf; and
(2)
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).
(b)
Prohibitions— Except as provided in subsection (c), the following activities are prohibited in a Deep Sea Coral Marine Conservation Area—
(1)
exploring for, developing, or producing oil, gas, or minerals;
(2)
using or attempting to use poisons, electrical charges, or explosives in the collection or harvest of any marine resource;
(3)
intentionally introducing or otherwise releasing any non-native species;
(4)
anchoring on any living or dead coral;
(5)
drilling into, dredging, or otherwise altering the seafloor;
(6)
use of bottom trawl nets or other bottom-tending fishing gear; and
(7)
deliberate dumping or discharge of noxious substances, materials that may cause eutrophication, or materials that artificially increase endemic pest outbreaks.
(c)
Exceptions— Subsection (b) shall not apply to—
(1)
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;
(2)
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
(3)
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.
(d)
Analysis— 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).

Sec. 205 Marine biodiversity gap analysis

(a)
In general— Not later than 90 days after the date of enactment of this Act, the Secretary of Commerce and the Secretary of the Interior, in coordination with relevant Federal and State agencies, shall begin a marine biodiversity gap analysis meeting the requirements described in subsection (b) to be completed not later than 18 months after such date. Such Secretaries, in coordination with relevant Federal and State agencies, shall update such analysis not less frequently than every 2 years thereafter.
(b)
Requirements— The requirements of this subsection are that the Marine Biodiversity Gap Analysis shall—
(1)
be consistent with the policy set out in section 201;
(2)
assess habitats, species, and ecosystems across the United States ocean waters and coasts; and
(3)
determine what types of habitats, species, and ecosystems and the percentage of each type of habitat, species, and ecosystem are necessary to protect in order to—
(A)
protect biodiversity; and
(B)
mitigate and provide resilience to the impacts of climate change.
(c)
Publication— The Secretary of Commerce shall publish the marine biodiversity gap analysis required by subsection (a) on a public website.
(d)
Report— Biennially, the Secretary of Commerce and Secretary of the Interior shall publish a report on candidate areas for protection, and on progress for advancing protection of habitats, species, and biodiversity identified in the gap analysis required by subsection (a).
(e)
Authorization of appropriations— There is authorized to be appropriated $2,000,000 in each fiscal year to carry out this section.