Bottom Trawl Clarity Act of 2024

This Act may be cited as the Bottom Trawl Clarity Act of 2024.

Not later than 18 months after the date of the enactment of this Act, each Council that manages a fishery that allows the use of any bottom trawl gear shall, after providing notice and an opportunity for public comment, submit to the Secretary—

(1) a definition of the term substantial bottom contact as compared to the term limited bottom contact when used to describe how often fishing gear interacts with the seafloor;

(2) a monitoring and enforcement plan to ensure that any pelagic trawl fishing activity carried out within a fishery managed by such Council has limited bottom contact; and

(3) a list of each gear type that has substantial bottom contact based on the definition submitted under paragraph (1).

Not later than 1 year after the date on which a Council completes the requirements of section 2, such Council shall, after providing notice and an opportunity for public comment, submit to the Secretary, and the Secretary shall publish in the Federal Register—

(A) a list of each area within the jurisdiction of such Council within which fishing activities using bottom trawls were carried out during the 7-year period ending on December 31, 2024; and

(B) a recommendation regarding each area identified under subparagraph (A), or portion thereof, that is not ineligible for designation under subsection (c) and should be designated as a Bottom Trawl Zone under paragraph (2).

Not later than 9 months after the date on which the recommendations of a Council are published in the Federal Register pursuant to subsection (a)(1)(B), the Secretary shall publish in the Federal Register a proposed rule to designate as a Bottom Trawl Zone each area, or portion thereof, recommended for such designation by such Council as the Secretary determines appropriate.

If a Council fails to submit recommendations to the Secretary under paragraph (1) by the deadline described in that paragraph, not later than 1 year after such deadline, the Secretary, after providing notice and an opportunity for public comment, shall publish in the Federal Register a proposed rule that—

(i) lists each area within the jurisdiction of such Council within which fishing activities using bottom trawls were carried out during the 7-year period ending on December 31, 2024; and

(ii) indicates each area identified under clause (i), or portion thereof, that is not ineligible for designation under subsection (c) that the Secretary proposes to designate as a Bottom Trawl Zone.

The Secretary shall accept comments on a proposed rule published under subparagraph (A) or (B) for 60 days after the date of such publication.

Not later than 30 days after the date on which a comment period described in subparagraph (C) for a proposed rule published under subparagraph (A) or (B) ends, the Secretary shall designate as a Bottom Trawl Zone each area, or portion thereof, included in such proposed rule.

The Secretary shall publish in the Federal Register each designation made under clause (i).

After the initial designations of Bottom Trawl Zones under subsection (a)(2), the Secretary, in consultation with the relevant Council or upon the recommendation of a Council, may designate as a Bottom Trawl Zone an area, or portion thereof, within the jurisdiction of such Council if—

(A) the area was not designated as a Bottom Trawl Zone under subsection (a)(2);

(B) fishing activities using bottom trawls were carried out within the area during the preceding 7-year period; and

(C) the area is not ineligible for designation under subsection (c).

The Secretary shall publish in the Federal Register a proposed rule to designate as a Bottom Trawl Zone an area described in paragraph (1).

The Secretary shall accept comments on a proposed rule published under subparagraph (A) for 60 days after the date of such publication.

Not later than 30 days after the date on which a comment period described in subparagraph (B) for a proposed rule published under subparagraph (A) ends, the Secretary shall designate as a Bottom Trawl Area each area, or portion thereof, included in such proposed rule.

The Secretary shall publish in the Federal Register each designation made under clause (i).

An area may not be designated as a Bottom Trawl Zone if—

(1) the Secretary determines there is evidence of the presence of a deep sea coral and sponge ecosystem within the area; or

(2) the area is designated pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) as—

(A) a Savings Area; or

(B) an otherwise protected area for a stock of fish.

As of the date on which the Secretary designates an area as a Bottom Trawl Zone under subsection (a)(2)(D), bottom trawls may only be used in an area that is designated as a Bottom Trawl Zone.

In this Act:

The term bottom trawl means, when used within the jurisdiction of a Council, any trawl or dredge fishing gear that makes substantial bottom contact with the seafloor while in use, as defined by the Council or as determined by the Secretary, as applicable.

The term Bottom Trawl Zone means an area within which bottom trawls may be used.

The term Council means a Regional Fishery Management Council established by section 302 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852).

The term deep sea corals means species that—

(A) occur at a depth of greater than 50 meters;

(B) do not contain symbiotic algae; and

(C) are in the phylum Cnidaria, in the order—

(i) Alcyonacea (soft corals);

(ii) Antipatharia (black corals);

(iii) Gorgonacea (horny corals);

(iv) Hydrocorallina (hydrocorals), in the class Hydrozoa;

(v) Pennatulacea (sea pens), in the class Anthozoa; or

(vi) Scleractinia (stony corals).

The term deep sea coral and sponge ecosystem means an ecosystem composed of living deep sea corals or deep sea sponges, the benthic and demersal species associated with such living deep sea corals or deep sea sponges, and the biological, physical, chemical, and geologic components that constitute habitat for living deep sea corals or deep sea sponges.

The term deep sea sponges means species that—

(A) occur at a depth of greater than 50 meters; and

(B) are in the phylum Porifera.

The term Secretary means the Secretary of Commerce.