1 second of google got me this:
http://www.icriforum.org/List/Thread.cfm?MessageID=674
Date: Aug 16, 2004 11:53 AM Author: ICRI Administr
ator
Subject: New bill (HR4928) introduced to address international coral reef trade
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Last month, the Coral Reef Conservation and Protection Act of 2004 (HR 4928) was introduced in the House by Congressman Ed Case of Hawaii. The introduced bill proposes to regulate the collection of ornamental corals and fish from U.S. coral reefs and regulate the international trade of coral reef species into and out of the U.S. The aim of the bill is to promote more responsible use of valuable coral reef resources, conserve coral reef biodiversity and protect coral reefs from destructive fishing and collection practices. Both U.S. and international coral reefs would benefit from the proposed measures. A copy of the bill is attached.
Towards this aim, the proposed bill advances several significant, new fisheries management approaches in an effort to relief coral reefs from the unsustainable collection of coral and reef fish, as well as
destructive fishing practices that harm the habitat.
New management approaches advocated in the bill include:
shifting the burden of proof onto commercial users of resources,
requiring demonstration of sustainable management and use,
requiring an ecosystem-based approach to management, and
requiring
certification that no destructive fishing practices were used.
Key provisions of the proposed bill and potential relevance to management:
For wild coral and ornamental fish: Before coral and ornamental fish can be collected, imported into or exported out of the U.S., a sustainable management plan must be pre-approved that demonstrates that the collection is sustainable and does not harm the functional role of the species in the ecosystem. This management approach "shifts the burden of proof," i.e. the
burden of proof that no harm is being done would rest upon commercial users of the reef resources.
For coral and ornamental fish from mariculture or cooperative breeding programs: Before coral and ornamental fish can be exported out of or imported into the U.S., the mariculture facility must be
pre-qualified. The facility must demonstrate that it is operating in an environmentally appropriate manner that is not detrimental to the species in the wild and does not harm existing ecosystems, such as by introducing non-indigenous species or pathogens.
For all coral reef species: Before any coral reef species, including non-ornamental species, can be imported into or exported out of the U.S., individual importers and exporters must
certify that the collection did not involve destructive fishing practices, such as the use of poisons, explosives or dredging. This certification by individual importers and exporters is a self-certifying process, and would allow the U.S. to prosecute individuals for falsifying documents. However, exporters and importers
may be more secure by participating in some certification scheme, such as that of the Marine Aquarium Council or an independent cyanide testing facility. The proposed
bill may stimulate demand by exporters and importers
for cyanide testing labs and increase their willingness to
help pay for the testing costs. Such a requirement by importing countries
would help source countries, many of whom are developing countries, implement their own laws against destructive fishing practices.
Calls for a Federal Advisory Group:
A federal Advisory Group - consisting of individuals representing public and private organizations affected by the proposed bill, including scientists, NGOs, collectors, traders, and those involved in mariculture and cooperative breeding programs -- would be formed to advise on the criteria and indicators for the conservation and sustainable management of coral reef ecosystems. Topics may include: what a sustainable management should encompass, which collection methods should be considered as "destructive," and guidelines for the capture, commercial transport and handling of coral reef species.
In addition to the use of poisons, explosives and dredging, other types of fishing practices could be considered as "destructive" or harmful to habitats, such as bottom-trawling.
Calls for U.S. leadership in conserving coral reefs ecosystems and promoting an ecosystem-based approach: The Secretary of the Interior and Secretary of Commerce, in coordination with the Coral Reef Task Force and consultation with the Advisory Group, would coordinate a national strategy for the conservation and sustainable management of coral reef species and ecosystems. The proposed bill also calls for the Department of State and the U.S. Agency for International Development to encourage policies and implement programs to promote the conservation and sustainable management of coral reef ecosystems in other parts of the world.
Grant exceptions for scientific, museum, or zoological purposes: With prior approval, coral reef species may be collected, imported or exported for scientific purposes, museum purposes, or for zoological breeding or display.
Includes enforcement and incentive provisions: The bill also proposes enforcement provisions, including penalties, fines or forfeitures of property which would fund a reward system to any person who provides information leading to an arrest or conviction for violations of prohibited activities under the bill.
Here are the answers to several frequently asked questions about this proposed bill:
Does this bill propose to "ban" the marine aquarium trade? No, the purpose of this proposed bill is not to "ban" trade, but to "regulate" it.
The international trade in many coral reef species is largely unregulated, illegal and unreported. Most countries do have laws that prohibit the use of poisons and other destructive fishing practices, but illegally collected reef animals are still entering the international trade. Major importers of coral reef animals, such as the U.S., are creating the demand that is driving the use of illegal and destructive practices, as well as overfishing.
The first step in regulating an activity is usually to prohibit it; then the activity can be regulated through stipulating under what conditions a permit or license will be granted so that the activity may proceed. For example, driving a car is prohibited in the U.S., unless one has a license. Each state regulates what conditions must be met to receive a driver's license, such as age, physical ability, knowledge of driving rules, etc.
This bill proposes that collection in U.S. waters and the import into and export out of the U.S. of coral reef species be regulated to promote sustainable management and to reduce the use of destructive practices, such as cyanide use.
Was this bill proposed by the U.S. Coral Reef Task Force? No, the bill was introduced into the U.S. House of Representatives by Congressman Ed Case of Hawaii. The Congressman's office issued a press release which is available at
http://www.house.gov/case/press_release ... 04-56.html. Congressman Case is very concerned about the health and status of Hawaiian reefs and the pressures placed on reefs from largely unregulated collection and the introduction of invasive species. Congressman Case is also concerned about the role that U.S. consumer demand is placing on international reefs and believes that the U.S. has a responsibility for promoting sustainable management internationally.
In the press release, Congressman Case mentions that that the proposed bill builds upon previous recommendations made by the U.S. Coral Reef Task Force. In introducing the bill, Congressman Case states, "The Coral Reef Conservation and Protection Act of 2004 I gratefully introduce today embodies the principal directions of the Task Force and more. It establishes a comprehensive scheme for the domestic and international protection of our world's coral reef ecosystems. The regime's key ingredients are the disallowal of any domestic taking, transport in interstate commerce, or import of the endangered marine life of our coral reefs, unless that life is collected in nondestructive ways or subject to sustainable management plans or otherwise exempted from coverage by administrative actions. Mr. Speaker, we have to start somewhere; our world's coral reefs are crying out for our help."
Please note that in the U.S., the introduction of bills is the
responsibility of the Legislative Branch of government. The U.S. Coral Reef Task Force is an entity of the Executive Branch of the government and does not have the authority to introduce bills or legislation. The U.S. Coral Reef Task Force can only make recommendations on the need for new measures.
Why is there concern about the international trade in coral reef animals? Extensive documentation shows that international trade in coral reef animals, for both the ornamental markets (aquaria, curios and jewelry) and food fish markets, is driving unsustainable collection and
destructive fishing practices in many countries, including the U.S. This international trade is largely unregulated and in many cases illegal. Over 1500 species are collected from coral reefs for the marine aquarium trade alone. Many of these species are known to be inappropriate for the trade in that the animals do not survive in aquaria, grow too large, or are poisonous. Many other species are rare, endemic or endangered. International trade is also endangering the health of collectors through unsafe diving practices and the need to dive deeper as animals in shallow reefs are depleted.
The U.S. is the number one importer of coral reef animals and products for marine aquaria, curio and jewelry -- the U.S. imports 60- 80% of the live coral, over 50% of the curio coral, and 95% of the live rock and reef substrate in international trade each year. As a major importer, the U.S. bears responsibility for addressing its role in this trade and promoting more responsible and sustainable trade. Evidence indicates that the import of coral reef animals in to the U.S. is increasing, especially of such products as live rock and coral, placing further pressures on reefs. For example, the trade in coral for aquaria has increased 400% since 1988, while the trade in liverock has increased 1700% during that same time period. Many of the ornamental fish imported into the U.S. are still caught with cyanide, causing further degradation of reefs.
The International Working Group of the U.S. Coal Reef Task Force has continued to highlight the issues associated with the international trade of coral reef species and has developed a comprehensive strategy for addressing these trade issues. (For additional information, please see the report International Trade in Coral and Coral reef Species: The Role of the United States at
http://coralreef.gov.international/documents.cfm) The working group has also produced an information sheet which gives an overview of what is known about the status of coral reefs and the international trade in coral reef animals.
http://www.icriforum.org/Uploads/Case_coral_bill.pdf
It also kills anything else living around it, unless the "dilution" cloud isn't strong enough (that was for kalk). The smaller the animal, the larger the effect on it.
