[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 850 Reported in Senate (RS)]
Calendar No. 270
111th CONGRESS
2d Session
S. 850
[Report No. 111-124]
To amend the High Seas Driftnet Fishing Moratorium Protection Act and
the Magnuson-Stevens Fishery Conservation and Management Act to improve
the conservation of sharks.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 22, 2009
Mr. Kerry (for himself, Mr. Whitehouse, Mr. Sanders, Mr. Merkley, Ms.
Cantwell, Mr. Wyden, Mr. Cardin, Mr. Menendez, Mr. Reed, Mr. Burris,
Mr. Lautenberg, Mr. Feingold, Mr. Carper, Mrs. Boxer, Mrs. Gillibrand,
Ms. Collins, Mrs. Feinstein, Mr. Johnson, Mr. McCain, Mr. Bingaman, Mr.
Bayh, Mr. Vitter, Ms. Snowe, Mr. Rockefeller, Mr. Leahy, and Mrs.
Murray) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
February 4, 2010
Reported by Mr. Rockefeller, with an amendment
[Strike all after the enacting clause and insert the part printed in
italic]
_______________________________________________________________________
A BILL
To amend the High Seas Driftnet Fishing Moratorium Protection Act and
the Magnuson-Stevens Fishery Conservation and Management Act to improve
the conservation of sharks.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Shark Conservation Act of
2009''.</DELETED>
<DELETED>SEC. 2. AMENDMENT OF HIGH SEAS DRIFTNET FISHING MORATORIUM
PROTECTION ACT.</DELETED>
<DELETED> Subsection (a) of section 610 of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826k) is amended--
</DELETED>
<DELETED> (1) in the matter preceding paragraph (1), by
striking ``607, a nation if''and inserting ``607--'';</DELETED>
<DELETED> (2) in paragraph (1)--</DELETED>
<DELETED> (A) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively;
and</DELETED>
<DELETED> (B) by moving clauses (i) and (ii) (as so
redesignated) 2 ems to the right;</DELETED>
<DELETED> (3) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;</DELETED>
<DELETED> (4) by moving subparagraphs (A) through (C) (as so
redesignated) 2 ems to the right;</DELETED>
<DELETED> (5) by inserting before subparagraph (A) (as so
redesignated) the following:</DELETED>
<DELETED> ``(1) a nation if--'';</DELETED>
<DELETED> (6) in subparagraph (C) (as so redesignated) by
striking the period at the end and inserting ``; and'';
and</DELETED>
<DELETED> (7) by adding at the end the following:</DELETED>
<DELETED> ``(2) a nation if--</DELETED>
<DELETED> ``(A) fishing vessels of that nation are
engaged, or have been engaged during the preceding
calendar year, in fishing activities or practices that
target or incidentally catch sharks; and</DELETED>
<DELETED> ``(B) the nation has not adopted a
regulatory program to provide for the conservation of
sharks, including measures to prohibit removal of any
of the fins of a shark (including the tail) and
discarding the carcass of the shark at sea, that is
comparable to that of the United States, taking into
account different conditions.''.</DELETED>
<DELETED>SEC. 3. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVATION AND
MANAGEMENT ACT.</DELETED>
<DELETED> Paragraph (1) of section 307 of Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1857) is amended--</DELETED>
<DELETED> (1) by amending subparagraph (P) to read as
follows:</DELETED>
<DELETED> ``(P)(i) to remove any of the fins of a
shark (including the tail) at sea;</DELETED>
<DELETED> ``(ii) to have custody, control, or
possession of any such fin aboard a fishing vessel
unless it is naturally attached to the corresponding
carcass;</DELETED>
<DELETED> ``(iii) to transfer any such fin from one
vessel to another vessel at sea, or to receive any such
fin in such transfer, without the fin naturally
attached to the corresponding carcass; or</DELETED>
<DELETED> ``(iv) to land any such fin that is not
naturally attached to the corresponding carcass, or to
land any shark carcass without such fins naturally
attached;''; and</DELETED>
<DELETED> (2) by striking the matter following subparagraph
(R) and inserting the following:</DELETED>
<DELETED>``For purposes of subparagraph (P), there shall be a
rebuttable presumption that if any shark fin (including the
tail) is found aboard a vessel, other than a fishing vessel,
without being naturally attached to the corresponding carcass,
such fin was transferred in violation of subparagraph (P)(iii)
and that if, after landing, the total weight of shark fins
(including the tail) landed from any vessel exceeds five
percent of the total weight of shark carcasses landed, such
fins were taken, held, or landed in violation of subparagraph
(P).''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Shark Conservation Act of 2009''.
SEC. 2. AMENDMENT OF HIGH SEAS DRIFTNET FISHING MORATORIUM PROTECTION
ACT.
(a) Actions To Strengthen International Fishery Management
Organizations.--Section 608 of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826i) is amended--
(1) in paragraph (1)--
(A) in subparagraph (D), by striking ``and'' at the
end;
(B) in subparagraph (E), by inserting ``and'' after
the semicolon; and
(C) by adding at the end the following:
``(F) to adopt shark conservation measures,
including measures to prohibit removal of any of the
fins of a shark (including the tail) and discarding the
carcass of the shark at sea;'';
(2) in paragraph (2), by striking ``and'' at the end;
(3) by redesignating paragraph (3) as paragraph (4); and
(4) by inserting after paragraph (2) the following:
``(3) seeking to enter into international agreements that
require measures for the conservation of sharks, including
measures to prohibit removal of any of the fins of a shark
(including the tail) and discarding the carcass of the shark at
sea, that are comparable to those of the United States, taking
into account different conditions; and''.
(b) Illegal, Unreported, or Unregulated Fishing.--Subparagraph (A)
of section 609(e)(3) of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826j(e)(3)) is amended--
(1) by striking the ``and'' before ``bycatch reduction
requirements''; and
(2) by striking the semicolon at the end and inserting ``,
and shark conservation measures;''.
(c) Equivalent Conservation Measures.--
(1) Identification.--Subsection (a) of section 610 of the
High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826k) is amended--
(A) in the matter preceding paragraph (1), by
striking ``607, a nation if--''and inserting ``607--'';
(B) in paragraph (1)--
(i) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively; and
(ii) by moving clauses (i) and (ii) (as so
redesignated) 2 ems to the right;
(C) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(D) by moving subparagraphs (A) through (C) (as so
redesignated) 2 ems to the right;
(E) by inserting before subparagraph (A) (as so
redesignated) the following:
``(1) a nation if--'';
(F) in subparagraph (C) (as so redesignated) by
striking the period at the end and inserting ``; and'';
and
(G) by adding at the end the following:
``(2) a nation if--
``(A) fishing vessels of that nation are engaged,
or have been engaged during the preceding calendar
year, in fishing activities or practices in waters
beyond any national jurisdiction that target or
incidentally catch sharks; and
``(B) the nation has not adopted a regulatory
program to provide for the conservation of sharks,
including measures to prohibit removal of any of the
fins of a shark (including the tail) and discarding the
carcass of the shark at sea, that is comparable to that
of the United States, taking into account different
conditions.''.
(2) Initial identifications.--The Secretary of Commerce
shall begin making identifications under paragraph (2) of
section 610(a) of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826k(a)), as added by paragraph
(1)(G), not later than 1 year after the date of the enactment
of this Act.
SEC. 3. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVATION AND
MANAGEMENT ACT.
Paragraph (1) of section 307 of Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1857) is amended--
(1) by amending subparagraph (P) to read as follows:
``(P)(i) to remove any of the fins of a shark
(including the tail) at sea;
``(ii) to have custody, control, or possession of
any such fin aboard a fishing vessel unless it is
naturally attached to the corresponding carcass;
``(iii) to transfer any such fin from one vessel to
another vessel at sea, or to receive any such fin in
such transfer, without the fin naturally attached to
the corresponding carcass; or
``(iv) to land any such fin that is not naturally
attached to the corresponding carcass, or to land any
shark carcass without such fins naturally attached;'';
and
(2) by striking the matter following subparagraph (R) and
inserting the following:
``For purposes of subparagraph (P), there shall be a rebuttable
presumption that if any shark fin (including the tail) is found
aboard a vessel, other than a fishing vessel, without being
naturally attached to the corresponding carcass, such fin was
transferred in violation of subparagraph (P)(iii) or that if,
after landing, the total weight of shark fins (including the
tail) landed from any vessel exceeds five percent of the total
weight of shark carcasses landed, such fins were taken, held,
or landed in violation of subparagraph (P). In such
subparagraph, the term `naturally attached', with respect to a
shark fin, means attached to the corresponding shark carcass
through some portion of uncut skin.''.
Calendar No. 270
111th CONGRESS
2d Session
S. 850
[Report No. 111-124]
_______________________________________________________________________
A BILL
To amend the High Seas Driftnet Fishing Moratorium Protection Act and
the Magnuson-Stevens Fishery Conservation and Management Act to improve
the conservation of sharks.
_______________________________________________________________________
February 4, 2010
Reported with an amendment