S. 3422

Billfish Conservation Act of 2012

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II

112th CONGRESS

2d Session

S. 3422

IN THE SENATE OF THE UNITED STATES

July 23, 2012

Mr. Vitter introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

To prohibit the sale of billfish and for other purposes.

1.

Short title

This Act may be cited as the Billfish Conservation Act of 2012.

2.

Prohibition on the sale of billfish

(a)

Prohibition

No person shall offer for sale, sell, or have custody, control, or possession of for purposes of offering for sale or selling billfish or products containing billfish.

(b)

Penalty

For purposes of section 308(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858(a)), a violation of this section shall be treated as an act prohibited by section 307 of that Act (16 U.S.C. 1857).

(c)

Exemption for traditional fisheries and markets

Subsection (a) does not apply to the State of Hawaii and Pacific Insular Area as defined in section 3(35) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(35)), except that billfish may be sold under this exemption only in the United States and the Pacific Insular Area.

(d)

Billfish defined

In this section, the term billfish—

(1)

means any fish of the species—

(A)

Makaira nigricans (blue marlin);

(B)

Kajikia audax (striped marlin);

(C)

Istiompax indica (black marlin);

(D)

Istiophorus platypterus (sailfish);

(E)

Tetrapturus angustirostris (shortbill spearfish);

(F)

Kajikia albida (white marlin);

(G)

Tetrapturus georgii (roundscale spearfish);

(H)

Tetrapturus belone (Mediterranean spearfish); and

(I)

Tetrapturus pfluegeri (longbill spearfish); and

(2)

does not include the species Xiphias gladius (swordfish).