[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2831 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2831

 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
   to improve conservation and management of sharks and establish a 
    consistent national policy toward the practice of shark-finning.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 29, 2000

Mr. Kerry (for himself and Mr. Hollings) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
   to improve conservation and management of sharks and establish a 
    consistent national policy toward the practice of shark-finning.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Shark Conservation Act of 2000''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The life history characteristics of most sharks, 
        including slow growth, late sexual maturity, and the production 
        of few young, make them particularly vulnerable to overfishing 
        and necessitate careful management of shark fisheries.
            (2) Many shark species that range widely would be 
        appropriate for domestic and international management 
        approaches that govern other highly migratory species.
            (3) Most sharks are captured incidentally in fisheries 
        directed at other species for which fishing could continue to 
        remain economically viable after less abundant or less 
        economically-valuable shark species are overfished.
            (4) The lack of adequate data and information on the status 
        and range of highly migratory shark populations, shark 
        harvesting practices, the extent of incidental catch or bycatch 
        of sharks, and the trade in shark products (including shark 
        fins) undermines effective international and national 
        management of shark populations.
            (5) Shark-finning is the practice of removing the fins of a 
        shark and dumping its carcass back into the ocean. Shark fins 
        comprise approximately 5 percent of the weight of a shark, and 
        disposing of the carcass of a finned shark does not utilize, or 
        wastes, about 95 percent (by weight) of each shark.
            (6) The global shark fin trade involves at least 125 
        countries, including the United States, and the demand for 
        shark fins and other shark products has driven dramatic 
        increases in shark fishing and shark mortality around the 
        world.
            (7) The Magnuson-Stevens Fishery Conservation and 
        Management Act states that it is the policy of the Congress to 
        avoid unnecessary waste of fish and requires United States 
        fishery conservation and management measures to minimize 
        bycatch and, to the extent it is unavoidable, minimize the 
        mortality of such bycatch.
            (8) The Agreement for the Implementation of the Provisions 
        of the United Nations Convention on the Law of the Sea of 10 
        December, 1982, Relating to the Conservation and Management of 
        Straddling Stocks and Highly Migratory Species requires states 
        to, inter alia, adopt measures to ensure long-term 
        sustainability of highly migratory fish stocks based on the 
        best scientific information available, to apply the 
        precautionary approach, and to minimize waste, discards, and 
        catch of non-target species.
            (9) The Food and Agriculture Organization Code of Conduct 
        for Responsible Fisheries provides that countries should adopt 
        management measures that minimize waste, discards, and catch of 
        non-target species.
            (10) The Food and Agriculture Organization's International 
        Plan of Action for the Conservation and Management of Sharks--
                    (A) urges States to develop shark conservation 
                plans that--
                            (i) minimize waste and discards from shark 
                        catches (for example, requiring retention of 
                        sharks from which fins are removed); and
                            (ii) ensure that shark catches from 
                        directed and non-directed fisheries are 
                        sustainable; and
                    (B) calls for submission of such plans by the year 
                2001.
            (11) At present, while some sharks potentially may be 
        managed internationally under arrangements for highly migratory 
        species, they are not now subject to specific conservation and 
        management measures by international or regional organization 
        or arrangements.
            (12) The conservation program for sharks for the United 
        States exclusive economic zone varies among management regions, 
        particularly with respect to the practice of shark finning, and 
        should include quotas and a ban on shark-finning.
            (13) The establishment of a prohibition on the practice of 
        shark-finning by United States flag vessels and in waters 
        subject to the jurisdiction of the United States would not 
        reduce shark-finning being carried out by other international 
        fishing fleets or United States transshipment or landing of 
        fins taken by these fleets, or imports of processed fins. 
        Foreign fleets transship or land approximately 180 metric tons 
        of shark fins annually (about 7 percent of shark fins harvested 
        in the Pacific) through United States vessels or ports in the 
        Pacific, alone.
            (14) Shark-finning and trade in fins harvested in this 
        manner must be addressed comprehensively at both the national 
        and international levels. Shark finning must be prohibited in 
        the United States, and, as a global leader in fisheries 
        conservation and shark management, the United States should 
        lead efforts at the United Nations and through regional 
        agreements, such as the International Convention for the 
        Conservation of Atlantic Tunas and the Multilateral High Level 
        Conference on the Conservation and Management of Highly 
        Migratory Species and new shark-specific regional management 
        bodies or agreements, to achieve coordinated international 
        management of sharks, including an international ban on shark-
        finning on the high seas and in the exclusive economic zones of 
        all nations.

SEC. 3. PROHIBITION ON SHARK-FINNING AND THE LANDING OF SHARK FINS 
              TAKEN BY SHARK-FINNING.

    (a) In General.--Section 307 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1857) is amended--
            (1) by inserting ``(a) In General.--'' before ``It is 
        unlawful--'';
            (2) by striking ``or'' after the semicolon in subparagraph 
        (N);
            (3) by striking the period in subparagraph (O) and 
        inserting a semicolon and ``or''; and
            (4) by adding at the end the following:
                    ``(P) to engage in shark-finning, or to land the 
                fins of a shark that were taken by shark-finning. There 
                is a rebuttable presumption that shark fins landed from 
                a fishing vessel or found on board a fishing vessel 
                were taken by shark-finning.''.
    (b) Definition Added to Act.--Section 3 of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1802) is amended--
            (1) by redesignating paragraphs (35) through (45), and any 
        reference to any such paragraph elsewhere in that Act, as 
        paragraphs (36) through (46); and
            (2) by inserting after paragraph (34) the following:
            ``(35) The term `shark-finning' means the taking of a 
        shark, removing the fin or fins (whether or not including the 
        tail) of a shark, and returning the remainder of the shark to 
        the sea.''.

SEC. 4. REGULATIONS.

    No later than 90 days after the date of enactment of this Act, the 
Secretary of Commerce shall promulgate regulations implementing the 
prohibition set forth in section 307(1)(P) of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1857(1)(P)) that--
            (1) establish shark fin landing requirements that consider 
        species identification needs, shark processing methods, and the 
        nature and availability of markets for shark products in the 
        region in which the shark fins are landed;
            (2) contain procedures governing release of sharks caught 
        but not retained by a fishing vessel that will ensure maximum 
        probability of survival of sharks after release;
            (3) contain documentation and other requirements necessary 
        to assure the timely and adequate collection of data to support 
        shark stock assessments, conservation, and enforcement efforts; 
        and
            (4) set forth the facts and circumstances under which a 
        person may rebut the presumption established in section 
        307(1)(P) of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1857(b), including the use of 
        documentation provided through applicable fisheries observer 
        programs and dockside inspection.

SEC. 5. INTERNATIONAL NEGOTIATIONS.

    The Secretary of Commerce, acting through the Secretary of State, 
shall--
            (1) notify other nations whose vessels engage in fishing on 
        sharks, as soon as possible, about the import certification 
        procedures and regulations under section 6 of this Act, as well 
        as the international cooperation and assistance provisions of 
        section 10;
            (2) initiate discussions as soon as possible for purpose of 
        developing bilateral or multilateral agreements with other 
        nations for the prohibition on finning of sharks;
            (3) initiate discussions as soon as possible with all 
        foreign governments which are engaged in, or which have persons 
        or companies engaged in shark-finning or in commercial fishing 
        operations that the Secretary of Commerce determines may affect 
        adversely such species of sharks, for the purpose of entering 
        into bilateral and multilateral treaties with such countries to 
        protect such species;
            (4) seek agreements calling for an international ban on 
        shark-finning and other fishing practices adversely affecting 
        these species through the United Nations, the Food and 
        Agriculture Organization's Committee on Fisheries, and 
        appropriate regional fishery management bodies; and
            (5) initiate the amendment of any existing international 
        treaty for the protection and conservation of species of sharks 
        to which the United States is a party in order to make such 
        treaty consistent with the purposes and policies of this 
        section.

SEC. 6. REPORT TO CONGRESS.

    The Secretary of Commerce, in consultation with the Secretary of 
State, shall provide to Congress, by not later than 1 year after the 
date of enactment of this Act, and every year thereafter, a full report 
which--
                    (1) includes a list of nations whose vessels 
                conduct shark-finning or commercial fishing operations 
                which adversely affect shark species;
                    (2) describes the efforts taken by nations to carry 
                out this title, listed under subsection (1), and 
                evaluates the progress of those efforts;
                    (3) includes a determination as to whether the 
                importation into the United States of sharks or shark 
                products (including fins) is adversely affecting the 
                effectiveness of national and international measures 
                for the conservation of sharks;
                    (4) sets forth a plan of action for ensuring the 
                conclusion and entry into force of international 
                measures for the conservation of sharks; and
                    (5) includes recommendations for measures to ensure 
                that United States actions are consistent with 
                national, international, and regional obligations 
                relating to highly migratory shark populations, 
                including those listed under the Convention on 
                International Trade in Endangered Species of Wild Flora 
                and Fauna.

SEC. 7. IMPORT CERTIFICATION.

    (a) In General.--The Secretary of Commerce shall establish a 
procedure, consistent with the provisions of subchapter II of chapter 5 
of title 5, United States Code, and including notice and an opportunity 
for comment by the governments of nations listed by the Secretary under 
paragraph (1) of section 6, for determining whether governments--
            (1) have adopted regulatory programs governing shark-
        finning and other harvesting practices adversely affecting 
        sharks that are comparable, taking into account different 
        conditions, to those of the United States;
            (2) have established management plans governing release of 
        species of sharks caught but not retained by fishing vessels 
        that ensure maximum probability of survival after release; and
            (3) have established a management plan containing 
        requirements that will assist in gathering species-specific 
        data to support international and regional shark stock 
        assessments and conservation enforcement efforts.
    (b) Certification Procedure.--
            (1) In general.--The Secretary shall determine, on the 
        basis of the procedure under subsection (a), and certify to the 
        Congress not later than 90 days after promulgation of the 
        regulations under section 4, and annually thereafter whether 
        the government of each harvesting nation--
                    (A) has provided documentary evidence of the 
                adoption of a regulatory program governing shark-
                finning and the conservation of sharks that is 
                comparable, taking into account different conditions, 
                to that of the United States;
                    (B) has established a management plan governing 
                release of species of sharks caught but not retained by 
                a fishing vessel that will ensure maximum probability 
                of survival of after release; and
                    (C) has established a management plan containing 
                requirements that will assist in gathering species-
                specific data to support international and regional 
                shark stock assessments and conservation enforcement 
                efforts.
            (2) Alternative Procedure.--The Secretary shall establish a 
        procedure for certification, on a shipment-by-shipment, 
        shipper-by-shipper, or other basis of imports of sharks or 
        products (including fins) from a vessel of a harvesting nation 
        not certified under paragraph (1) if the Secretary determines 
        that such imports were harvested by practices that--
                    (A) do not adversely affect sharks;
                    (B) include release of species of sharks caught but 
                not retained by such vessel in a manner that ensures 
                maximum probability of survival after release;
                    (C) include the gathering of species-specific data 
                that can be used to support international and regional 
                shark stock assessments and conservation efforts; or
                    (D) are consistent with harvesting practices 
                comparable, taking into account the circumstances, to 
                those of the United States.
    (c) Uncertified Imports.--It is unlawful to import sharks or 
products (including fins) more than 90 days after promulgation of the 
regulations under section 4 if such sharks or products were harvested 
by a vessel of a harvesting nation not certified under subsection 
(b)(1) unless that vessel is certified under subsection (b)(2).
    (d) Reinstatement of Uncertified Country Status.--If the Secretary 
fails to make the annual certification required by subsection (b)(1) 
with respect to a country previously certified under that subsection, 
and except as provided in subsection (b)(2), then subsection (c) shall 
apply to imports of sharks or products (including fins) harvested by 
vessels of that nation beginning 90 days after the date in any year on 
which the Secretary fails to make the scheduled annual certification 
required by subsection (b).

SEC. 8. SHARK-FINNING DEFINED.

    For the purposes of this Act, the term ``shark-finning'' means the 
taking of a shark, removing the fin or fins (whether or not including 
the tail), and returning the remainder of the shark to the sea.

SEC. 9. RESEARCH.

    The Secretary of Commerce shall establish a research program for 
Pacific and Atlantic sharks to engage in the following data collection 
and research:
            (1) The collection of data to support stock assessments of 
        highly-migratory shark populations subject to incidental or 
        directed harvesting by commercial vessels, giving priority to 
        species according to vulnerability of the species to fishing 
        gear and fishing mortality, and its population status.
            (2) Research to identify fishing gear and practices that 
        prevent or minimize incidental catch of sharks in commercial 
        and recreational fishing.
            (3) Research on fishing methods that will ensure maximum 
        likelihood of survival of captured sharks after release.
            (4) Research on methods for releasing sharks from fishing 
        gear that minimize risk of injury to fishing vessel operators 
        and crews.
            (5) Research on methods to maximize the utilization of, and 
        funding to develop the market for, sharks not taken in 
        violation of a fishing management plan approved under section 
        303 or of section 307(1)(P) of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1853, 1857(1)(P)); 
        and
            (6) Research on the international shark fin trade.

SEC. 10. WESTERN PACIFIC LONGLINE FISHERIES COOPERATIVE RESEARCH 
              PROGRAM.

    The National Marine Fisheries Service, in consultation with the 
Western Pacific Fisheries Management Council, shall initiate a 
cooperative research program with the commercial longlining industry to 
carry out activities consistent with this Act, including research 
described in section 8 of this Act. The service may initiate such shark 
cooperative research programs upon the request of any other fishery 
management council.

SEC. 11. INTERNATIONAL COOPERATION AND ASSISTANCE.

    To the greatest extent possible consistent with existing authority 
and the availability of funds, the Secretary of Commerce shall--
            (1) provide appropriate technological and other assistance 
        to nations listed under paragraph (6) of section 5 and regional 
        or international organizations of which those nations are 
        members to assist those nations in qualifying for certification 
        under section 6(b)(1);
            (2) undertake, where appropriate, cooperative research 
        activities on species statistics and improved harvesting 
        techniques, with those nations or organizations;
            (3) encourage and facilitate the transfer of appropriate 
        technology to those nations or organizations to assist those 
        nations in qualifying for certification under section 6(b)(1); 
        and
            (4) provide assistance to those nations or organizations in 
        designing and implementing appropriate shark harvesting plans.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Commerce for fiscal years 2001 through 2005 such sums as are necessary 
to carry out this Act.
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