[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2832 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2832

To reauthorize the Magnuson-Stevens Fishery Conservation and Management 
                      Act, and for other purposes


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 29, 2000

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

_______________________________________________________________________

                                 A BILL


 
To reauthorize the Magnuson-Stevens Fishery Conservation and Management 
                      Act, and for other purposes

    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 ``Magnuson-Stevens Reauthorization Act 
of 2000''.

                 TITLE I--REAUTHORIZATION AND REVISION

SEC. 101. AMENDMENT OF THE MAGNUSON-STEVENS FISHERY CONSERVATION AND 
              MANAGEMENT ACT.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.).

SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

    Section 4 (16 U.S.C. 1803) is amended by striking paragraphs (1) 
through (4) and inserting the following:
            ``(1) $400,000,000 for fiscal year 2000;
            ``(2) $415,000,000 for fiscal year 2001;
            ``(3) $430,000,000 for fiscal year 2002;
            ``(4) $445,000,000 for fiscal year 2003;
            ``(5) $460,000,000 for fiscal year 2004; and
            ``(6) $475,000,000 for fiscal year 2005.''.

SEC. 103. POLICY.

    Section 2(c) (16 U.S.C. 1081(c)) is amended--
            (1) by striking ``and'' after the semicolon in paragraph 
        (6);
            (2) by striking ``States.'' in paragraph (7) and inserting 
        ``States; and; and
            (3) by adding at the end thereof the following:
            ``(8) to use the best scientific information available when 
        making fisheries management and conservation decisions, meaning 
        information that is collected and analyzed by a process that, 
        to the extent practicable--
                    ``(A) is directly related to the specific issue 
                under consideration;
                    ``(B) is based on a statistically sufficient sample 
                such that any conclusions drawn are reasonably 
                supported;
                    ``(C) has been independently peer-reviewed;
                    ``(D) has been collected within a time frame that 
                is reasonably related to the specific issue under 
                consideration; and
                    ``(E) incorporates a broad base of available 
                sources.''.

SEC. 104. DEFINITIONS; NEW TERMS.

    (a) New Terms.--Section 3 (16 U.S.C. 1802) is amended as follows:
            (1) Habitat area of particular concern.--After paragraph 
        (18), insert the following:
            ``( ) The term `habitat area of particular concern' means 
        those waters and submerged substrate that form a discrete 
        vulnerable subunit of essential fish habitat that is required 
        for a stock to sustain itself and which is designated through a 
        specified set of national criteria which includes, at a 
        minimum, a requirement that designation be based on the best 
        scientific information available regarding habitat-specific 
        density of that fish stock, growth, reproduction, and survival 
        rates of that stock within the designated area.''.
            (2) Maximum sustainable yield.--After paragraph (23), 
        insert the following:
            ``( ) The term `maximum sustainable yield' means the 
        largest long-term average catch or yield in terms of weight of 
        fish caught for commercial and recreational purposes that can 
        be continuously taken from a stock under existing environmental 
        conditions, and which is adjusted as environmental conditions 
        change.''.
    (b) Numeration and Redesignation.--Section 3 (16 U.S.C. 1802), as 
amended by subsection (a), is amended--
            (1) by moving paragraph (35) to follow paragraph (36); and
            (2) by renumbering all paragraphs in numerical order from 
        (1) through (47).
    (c) References in Other Law.--Whenever any other provision of law 
refers to a term defined in section 3 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1802) by its paragraph 
number and that paragraph was renumbered by subsection (b) of this 
section, the reference shall be considered to be a reference to the 
paragraph number given that paragraph under subsection (b) or 
subsequent amendment of that Act.

SEC. 105. ADVISORY COMMITTEE REFORM AND PEER REVIEW.

    (a) Reform.--Section 302(g) (16 U.S.C. 1852(g)) is amended--
            (1) by adding at the end of paragraph (3) the following:
                    ``(C) For each committee established under 
                subparagraph (A), each Council shall establish standard 
                operating procedures relating to time, place, and 
                frequency of meetings, a description of the type and 
                format of information to be provided under subparagraph 
                (A), a description of how recommendations under 
                subparagraph (A) will be used, and other relevant 
                factors.'';
            (2) by redesignating paragraph (5) as paragraph (6); and
            (3) by inserting after paragraph (4) the following:
            ``(5) Each Council shall establish standard operating 
        procedures relating to the relevant scientific review committee 
        or committees that are responsible for conducting peer reviews 
        of all stock assessments and economic and social analyses 
        prepared for fisheries under the Council's jurisdiction. 
        Committees under this paragraph shall consist of members from 
        the committee established under paragraph (1) of this 
        subsection and, to the extent practicable, independent 
        scientists qualified to peer review such assessments and 
        analyses.''.
    (b) Peer Review.--Section 302(h) (16 U.S.C. 1852(h)) is amended--
            (1) by striking ``and'' at the end of paragraph (5);
            (2) by redesignating paragraph (6) as paragraph (7); and
            (3) by inserting after paragraph (5) the following:
            ``(6) to the extent practicable conduct a peer review of 
        any stock assessments and economic and social analyses prepared 
        for a fishery under its jurisdiction, utilizing the procedures 
        established under subsection (g)(5); and''.

SEC. 106. OVERFISHING AND REBUILDING.

    (a) Rebuilding Overfished Fisheries.--Section 304(e) (16 U.S.C. 
1854(e)) is amended--
            (1) by striking ``(1) The Secretary'' in paragraph (1) and 
        inserting ``(1)(A) The Secretary'';
            (2) by inserting after ``overfished.'' the following:
                    ``The Secretary shall also identify which fisheries 
                are managed under a fishery management plan or 
                international agreement, and the estimated percentage 
                of the total volume of all species in United States 
                waters that are manged under a fishery management plan 
                or international agreement.''
            (3) by striking the last sentence of paragraph (1) and 
        inserting the following: ``A fishery shall be classified as 
        approaching a condition of being overfished if, based on the 
        best scientific information available trends in fishing effort 
        and fishery resource size and other appropriate factors, the 
        Secretary estimates that the fishery will become overfished 
        within 2 years.'';
            (4) by adding at the end of paragraph (1) the following:
            ``(B) If the Secretary determines that insufficient 
        information is available on which to conclude that a fishery is 
        approaching a condition of being overfished, the Secretary 
        shall immediately notify the appropriate Council and within six 
        months of such notification implement a research program, 
        including cooperative research, designed to provide the 
        information needed to determine whether or not the fishery is 
        approaching a condition of being overfished.'';
            (5) by striking paragraph (2) and inserting the following:
            ``(2)(A) If the Secretary determines at any time that a 
        fishery is overfished, the Secretary shall immediately notify 
        the appropriate Council and request that action be taken to end 
        overfishing and to implement conservation and management 
        measures to rebuild the stock of fish.
            ``(B) If a fishery harvests more than one stock of fish, 
        the fishery shall be managed as a unit and considered as a unit 
        for purposes of this Act, and the conservation and management 
        targets of this Act do not require that the fishery be managed 
        on a stock-by-stock basis.
            ``(C) The Secretary shall publish each notice under this 
        paragraph in the Federal Register.'';
            (6) striking clauses (i) and (ii) of paragraph (4) and 
        inserting the following:
                    ``(i) be as short as possible, taking into account 
                the status and biology of any overfished stocks of 
                fish, the need to minimize adverse social and economic 
                impacts, including the cumulative impact of 
                conservation and management measures on fishing 
                communities, oceanographic and other environmental 
                conditions that affect the stocks of fish, the 
                interaction of the overfished stock of fish within the 
                marine ecosystem, and be consistent with conservation 
                and management measures adopted by an international 
                organization in which the United States participates; 
                and
                    ``(ii) not exceed 10 years, except in cases where 
                the biology of the stock of fish, or other 
                environmental conditions dictate otherwise, or in cases 
                where conservation and management measures adopted by 
                an international organization in which the United 
                States participates recommend otherwise.''; and
            (7) by striking ``United States.'' in paragraph (4)(C) and 
        inserting the following: ``United States, and provide fair and 
        equitable sharing of the management and conservation 
        requirements among all contracting harvesters under such an 
        agreement.''.
    (b) Atlantic Highly Migratory Species.--Section 304(g)(1) (16 
U.S.C. 1854(g)(1)) is amended--
            (1) by redesignating subparagraphs (A) through (G) as 
        subparagraphs (B) through (H), respectively;
            (2) by inserting before subparagraph (B), as so 
        redesignated, the following:
            ``(A) consult with the commissioners appointed under 
        section 971a of the Atlantic Tunas Convention Act (16 U.S.C. 
        971) during the preparation of plans, plan amendments, and 
        regulations that implement recommendations of the International 
        Commission for the Conservation of Atlantic Tunas to ensure 
        that the implementation of such plans, plan amendments, and 
        regulations is consistent with such recommendations.'';
            (3) by striking ``commissioners and'' in subparagraph (B), 
        as so redesignated;
            (4) by redesignating clauses (iii) and (iv) in subparagraph 
        (H), as so redesignated, as clauses (v) and (vi), respectively, 
        and inserting after clause (ii) the following:
                    ``(iii) do not have the effect of increasing or 
                decreasing any allocation or quota of fish or fishing 
                mortality level to the United States agreed to pursuant 
                to a recommendation of the International Commission for 
                the Conservation of Atlantic Tunas;
                    ``(iv) require comparable permitting, reporting, 
                monitoring, and enforcement for all commercial and 
                recreational fisheries;''; and
            (5) by striking ``species;'' in subparagraph (G), as 
        redesignated, and inserting ``species and maintain the 
        conservation leadership role of the United States through such 
        measures;''.

SEC. 107. OBSERVERS.

    (a) In General.--Section 303 (16 U.S.C. 1853) is amended by adding 
at the end thereof the following:
    ``(e) Observer Programs.--
            ``(1) When establishing any new program under this Act 
        which utilizes observers deployed on United States fishing 
        vessels or in United States fish processing plants for purposes 
        of monitoring the harvesting of fish and collecting scientific 
        information, the Council with jurisdiction over the fishery (or 
        in the case of a highly migratory species fishery, the 
        Secretary) in which the observers will be deployed shall 
        establish a set of goals and objectives, an implementation 
        schedule for the program, and a statistically reliable method 
        for achieving the goals and objectives.
            ``(2) The goals and objectives required under paragraph (1) 
        shall take into account--
                    ``(A) equity among the various harvesting and 
                processing sectors in the fishery;
                    ``(B) fair and equitable sharing of the costs of 
                the program among participants in the fishery; and
                    ``(C) that those fishing vessels and processing 
                plants where observers are deployed are not put at a 
                disadvantage with respect to other harvesters or 
                processors in that fishery or in other fisheries.
            ``(3) Any system of fees established under this section 
        shall provide that the total amount of fees collected under 
        this section not exceed the combined cost of--
                    ``(A) stationing observers on board fishing vessels 
                and United States fish processors;
                    ``(B) the actual cost of inputting collected data; 
                and
                    ``(C) less any amount received for such purpose 
                from another source, including Federal funds.''.
    (b) Plan Requirement.--Section 303(a) (16 U.S.C. 1853(a)) is 
amended--
            (1) by striking ``and'' at the end of paragraph (13);
            (2) by striking ``fishery.'' in paragraph (14) and 
        inserting ``fishery; and''; and
            (3) by adding at the end thereof the following:
            ``(15) to the extent that observers are deployed on board 
        United States fishing vessels or in United States fish 
        processing plants under the provisions of a fishery management 
        plan or regulations implementing a fishery management plan, 
        comply with the goals and objectives required under subsection 
        (e).''.

SEC. 108. CUMULATIVE IMPACTS.

    (a) National Standards.--Section 301(a)(8) (16 U.S.C. 1851(a)(8)) 
is amended to read as follows:
            ``(8) Conservation and management measures shall, 
        consistent with the conservation requirements of this Act, take 
        into account the importance of fishery resources to fishing 
        communities, and the individual and cumulative economic and 
        social impact of fishery conservation and management measures 
        on such communities, in order to--
                    ``(A) provide for the sustained participation of 
                such communities; and
                    ``(B) to the extent practicable, minimize adverse 
                social and economic impacts on such communities.''.
    (b) Contents of Plans.--Section 303(a)(9) (16 U.S.C. 1853(a)(9)) is 
amended by striking ``describe the likely effects, if any, of the 
conservation and management measures on--'' and inserting ``describe in 
detail the likely effects, including the individual and cumulative 
economic and social impacts, of the conservation and management 
measures on--''.

SEC. 109. ESSENTIAL FISH HABITAT.

    (a) Fishery Management Plans.--Section 303(a)(7) (16 U.S.C. 
1853(a)(7)) is amended to read as follows:
            ``(7) describe and identify essential fish habitat and 
        habitat areas of particular concern for the fishery based on 
        the guidelines established by the Secretary under section 
        305(b)(1)(A), and minimize to the extent practicable adverse 
        effects on habitat areas of particular concern caused by 
        fishing and identify other actions to encourage the 
        conservation and enhancement of such habitat.''.
    (b) Fish Habitat Requirement.--Section 305(b)(1) (16 U.S.C. 1855) 
is amended by inserting ``and habitat areas of particular concern'' 
following ``essential fish habitat'' each time it appears in 
subparagraphs (A) and (B).

SEC. 110. REGIONAL FISHERY MANAGEMENT COUNCILS.

    Section 302 (16 U.S.C. 1852) is amended--
            (1) by inserting ``and of the commonwealths, territories, 
        and possessions of the United States in the Caribbean Sea'' in 
        subsection (a)(1)(D) after ``States'';
            (2) by inserting ``or disseminated by any other means that 
        will result in wide publicity'' in subsection (i)(2)(C) after 
        ``fishery)''; and
            (3) by inserting ``or notify the public through any other 
        means that will result in wide publicity'' in subsection 
        (i)(3)(B) after ``ports)''.

SEC. 111. CONTENTS OF FISHERY MANAGEMENT PLANS.

    Section 303(b)(7) (16 U.S.C. 1853(b)(7)) is amended by striking 
``(other than economic data)''.

SEC. 112. ACTION BY THE SECRETARY.

    Section 304 (16 U.S.C. 1854) is amended--
            (1) by inserting ``and any proposed implementing 
        regulations prepared under section 303(c)(1),'' in subsection 
        (a)(1) after ``plan amendment,'';
            (2) by redesignating subparagraphs (A) and (B) of 
        subsection (a)(1) as subparagraphs (B) and (C), respectively;
            (3) by inserting before subparagraph (B), as so 
        redesignated, of subsection (a)(1) the following:
            ``(A) immediately make a preliminary evaluation of the 
        management plan or amendment for purposes of deciding if it is 
        consistent with the national standards and sufficient in scope 
        and substance to warrant review under this subsection, and
                    ``(i) if that decision is affirmative, implement 
                subparagraphs (B) and (C) with respect to the plan or 
                amendment; or
                    ``(ii) if that decision is negative, disapprove the 
                plan or amendment and notify the Council, in writing, 
                of the disapproval and of those matters specified in 
                paragraph (3)(A), (B), and (C) as they relate to the 
                plan or amendment;'';
            (4) striking subparagraph (C), as so redesignated, of 
        subsection (a)(1) and inserting the following:
            ``(C) by the 15th day following transmittal of the plan and 
        proposed implementing regulations, publish in the Federal 
        Register--
                    ``(i) a notice stating that the plan or amendment 
                is available and that written data, views, or comments 
                of interested persons on the plan or amendment may be 
                submitted to the Secretary during the 50-day period 
                beginning on the date the notice is published; and
                    ``(ii) any proposed implementing regulations that 
                are consistent with the fishery management plan or 
                amendment, this Act, and other applicable law, for a 
                comment period of 50 days (incorporating any technical 
                changes to the Council's proposed regulations the 
                Secretary believes to be necessary for clarity, 
                together with an explanation of those changes).'';
            (5) by striking ``section 303(c),'' in subsection (b)(1) 
        and inserting ``section 303(c)(2),'';
            (6) by striking ``if that determination is affirmative, the 
        Secretary shall'' in subsection (b)(1)(A) and inserting ``if 
        the Secretary determines that the regulations are consistent, 
        the Secretary shall, within 15 days of transmittal,'';
            (7) by striking ``if that determination is negative, the 
        Secretary shall'' in subsection (b)(1)(B) and inserting ``if 
        the Secretary determines that the regulations are not 
        consistent, the Secretary shall, within 15 days of 
        transmittal,''; and
            (8) by striking ``paragraph (1)(A).'' in subsection (b)(3) 
        and inserting ``paragraph (1)(A), and within 45 days after the 
        end of the comment period under subsection (a)(1)(C).''.

SEC. 113. INFORMATION COLLECTION.

    Section 402 (16 U.S.C. 1881a) is amended--
            (1) by striking ``(other than information that would 
        disclose proprietary or confidential commercial or financial 
        information regarding fishing operations or fish processing 
        operations)'' each place it appears in subsection (a);
            (2) by striking ``under this Act shall be confidential and 
        shall not be disclosed,'' in subsection (b)(1) and inserting 
        ``under this Act, and that would disclose proprietary or 
        confidential commercial or financial information regarding 
        fishing operations or fish processing operations, shall be kept 
        confidential and not disclosed for a period of 20 years 
        following the year of submission to the Secretary,''; and
            (3) by striking ``under this Act,'' in subsection (b)(2) 
        and inserting ``under this Act, and that would disclose 
        proprietary or confidential commercial or financial information 
        regarding fishing operations or fish processing operations,''.

SEC. 114. COOPERATIVE RESEARCH AND MANAGEMENT.

    The Act is amended by adding at the end thereof the following:

             ``TITLE V--COOPERATIVE RESEARCH AND MANAGEMENT

``SEC. 501. ESTABLISHMENT OF PROGRAM.

    ``(a) In General.--The Secretary shall establish a national 
cooperative research and management program to be administered by the 
National Marine Fisheries Service, based on recommendations by the 
Councils. The program shall consist of cooperative research and 
management activities between fishing industry participants, the 
affected States, and the Service.
    ``(b) Research Awards.--Each research project under this program 
shall be awarded on a standard competitive basis established by the 
Service, in consultation with the Councils. Each Council shall 
establish a research steering committee to carry out this subsection.
    ``(c) Guidelines.--The Secretary, in consultation with the 
appropriate Council and the fishing industry, shall create guidelines 
so that participants in this program are not penalized for loss of 
catch history or unexpended days-at-sea as part of a limited entry 
system.''.

``SEC. 502. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the National Marine 
Fisheries Service, in addition to amounts otherwise authorized by this 
Act, the following amounts, to remain available until expended, for the 
conduct of this program:
            ``(1) $15,000,000 for fiscal year 2001.
            ``(2) $20,000,000 for fiscal year 2002.
            ``(3) $25,000,000 for fiscal year 2003.
            ``(4) $30,000,000 for fiscal year 2004.
            ``(5) $35,000,000 for fiscal year 2005.''.

SEC. 115. INDIVIDUAL FISHING QUOTAS.

    Section 303(d)(1)(A) is amended by striking ``before October 1, 
2000,'' and inserting ``before October 1, 2003,''.

SEC. 116. COOPERATIVE ENFORCEMENT AGREEMENTS.

    Titile III is amended by adding at the end thereof the following:

``SEC. 315. COOPERATIVE ENFORCEMENT USES.

    ``(a) In General.--The Governor of a State represented on an 
Interstate Fisheries Commission may apply to the Secretary for 
execution of a cooperative enforcement agreement with the Secretary 
that will authorize the deputization of State law enforcement officers 
with marine law enforcement responsibilities to perform duties of the 
Secretary relating to law enforcement provisions under this Act or any 
other marine resource laws enforced by the Secretary. Upon receiving an 
application meeting the requirements of this section, the Secretary 
shall enter into the cooperative enforcement agreement with the 
requesting State.
    ``(b) Requirements.--Cooperative enforcement agreements executed 
under subsection (a)--
            ``(1) shall be consistent with the purposes and intent of 
        section 311(a) of this Act, to the extent applicable to the 
        regulated activities; and
            ``(2) may include specifications for joint management 
        responsibilities as provided by the first section of Public Law 
        91-412 (15 U.S.C. 1525).
    ``(c) Authorization and Allocation of Funds.--There are authorized 
to be appropriated to the Secretary for the purposes of carrying out 
this section $10,000,000 in each of fiscal years 2001 through 2005. The 
Secretary shall include in each cooperative enforcement agreement an 
allocation of funds to assist in management of the agreement. The 
allocation shall be equitably distributed among all States 
participating in cooperative enforcement agreements under this 
subsection, based upon consideration of the specific marine 
conservation enforcement needs of each participating State. Such 
agreement may provide for amounts to be withheld by the Secretary for 
the cost of any technical or other assistance provided to the State by 
the Secretary under the agreement.''.

SEC. 117. STATEMENT OF POLICY REGARDING DELEGATION.

    Section 2(c) (16 U.S.C. 1801(c)) is amended--
            (1) by striking ``and'' after the semicolon in paragraph 
        (6);
            (2) by striking ``States.'' in paragraph (7) and inserting 
        ``States; and''; and
            (3) by adding at the end thereof the following:
            ``(8) to ensure that, notwithstanding any other provision 
        of law, the Secretary has exclusive authority in the Federal 
        Government for managing fishery resources (as defined in this 
        Act), but the Secretary may delegate such authority to any 
        other Federal official.''.

SEC. 118. SCIENTIFIC AND STATISTICAL COMMITTEES REPORT ON ECOSYSTEM 
              RESEARCH PRIORITIES; PILOT PROGRAM FOR FISHERY ECOSYSTEM 
              PLANS.

    Section 406 (16 U.S.C. 1882) is amended by adding at the end 
thereof the following:
    ``(f) Research.--
            ``(1) Report required.--Within 12 months after the date of 
        enactment of the Magnuson-Stevens Reauthorization Act of 2000 
        the Scientific and Statistical Committees of each regional 
        fishery management council shall identify and submit a report 
        to the Secretary outlining prioritized information or research 
        needs to support ecosystem based management of the fisheries 
        within its jurisdiction. In determining what factors to 
        consider, the Committees may consider the recommendations 
        outlined in the report under section (d).
            ``(2) Assistance.--The Secretary shall provide assistance 
        to the regional councils to obtain the prioritized information 
        and conduct research identified in the reports under paragraph 
        (1). These efforts shall not displace existing research efforts 
        and priorities identified by the regional councils or the 
        Secretary.
    ``(g) Pilot Program.--
            ``(1) In general.--Within 18 months after the date of 
        enactment of the Magnuson-Stevens Reauthorization Act of 2000, 
        the Secretary, in consultation with the 8 regional fishery 
        management council Chairs and affected stakeholders, shall 
        identify at least one fishery or complex of interacting 
        fisheries suitable for the development of a pilot Fishery 
        Ecosystem Plan. The Secretary shall consider the reports 
        submitted under subsection (f) when selecting the pilot 
        program.
            ``(2) Coordination with appropriate council.--After 
        identifying the pilot Fishery Ecosystem Plan, the Secretary 
        shall coordinate with the appropriate regional fishery 
        management council to identify any information or conduct any 
        research that may be needed to complete such a plan including a 
        model of the food web, habitat needs of organisms identified in 
        the food web, rates of mortality, identification of indicator 
        species, and any other relevant data and monitoring needs.
            ``(3) Fishery ecosystem plan.--Within 30 months after 
        identification of the pilot fishery or complex of interacting 
        fisheries, the appropriate regional fishery management council 
        shall submit to the Secretary for approval a Fishery Ecosystem 
        Plan. In creating such plan, the council may consider the 
        recommendations outlined in the report under section (d).''.

                      TITLE II--SHARK CONSERVATION

SEC. 201. 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.
    ``(b) Shark-Finning Presumption.--For purposes of subsection 
(a)(1)(P), 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), as amended by 
section 103, is amended--
            (1) by redesignating paragraphs (38) through (48), and any 
        reference to any such paragraph elsewhere in that Act, as 
        paragraphs (39) through (49); and
            (2) by inserting after paragraph (37) the following:
            ``(38) 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. 202. 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(a)(1)(P) of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1857(a)(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 and conservation enforcement efforts; 
        and
            (4) set forth the facts and circumstances under which a 
        person may rebut the presumption established by section 307(b) 
        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. 203. INTERNATIONAL NEGOTIATIONS.

    The Secretary of Commerce, acting through the Secretary of State, 
may with respect to the fishing practices on highly migratory sharks 
governed by regulations promulgated by the Secretary of Commerce 
pursuant to section 202 of this title--
            (1) notify other nations whose vessels engage in fishing on 
        highly migratory sharks, as soon as possible, about the import 
        certification procedures and regulations under section of this 
        title, as well as the international cooperation and assistance 
        provisions of section 204;
            (2) initiate discussions as soon as possible for purpose of 
        developing bilateral or multilateral agreements with other 
        nations to conserve and manage highly migratory sharks, which 
        should include provisions prohibiting shark-finning and 
        minimizing adverse effects of commercial fishing operations on 
        species of highly migratory sharks;
            (3) provide to the Congress, by not later than 1 year after 
        the date of enactment of this Act, and every year thereafter, a 
        full report which--
                    (A) includes a list of nations whose vessels 
                conduct shark-finning or commercial fishing operations 
                which may adversely affect highly migratory shark 
                species;
                    (B) describes the efforts taken to carry out this 
                title and evaluates the progress of those efforts;
                    (C) includes a determination as to whether the 
                importation into the United States of sharks and shark 
                products (including fins) is adversely affecting the 
                effectiveness of national and international measures 
                for the conservation of highly migratory sharks; and
                    (D) 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 the 
                International Trade in Endangered Species.

SEC. 204. IMPORT CERTIFICATION.

    (a) In General.--If the Secretary of Commerce, after consultation 
with the Secretary of State, determines that the importation of sharks 
or shark products into the United States is adversely affecting the 
effectiveness of national and international measures for the 
conservation of highly migratory sharks, then the Secretary shall 
report that determination to the Congress and 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 (6) of section 203, for determining whether those 
governments--
            (1) have adopted regulatory programs governing shark-
        finning and other harvesting practices adversely affecting 
        highly migratory sharks that are comparable, taking into 
        account different conditions, to those of the United States;
            (2) have established management plans governing release of 
        highly migratory 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 202, 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 highly migratory sharks 
                that is comparable, taking into account different 
conditions, to that of the United States;
                    (B) has established a management plan governing 
                release of highly migratory 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 highly 
        migratory 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 highly migratory 
                sharks;
                    (B) include release of highly migratory 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 highly migratory 
sharks or products (including fins) which have been harvested by the 
practice of shark-finning or other commercial fishing practices that 
may affect adversely such populations of sharks more than 90 days after 
promulgation of the regulations under section 202 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 highly migratory 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. 205. SHARK-FINNING DEFINED.

    For the purposes of this title, 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. 206. 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 203 and 
        regional or international organizations of which those nations 
        are members to assist those nations in qualifying for 
        certification under section 204(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 
        204(b)(1); and
            (4) provide assistance to those nations or organizations in 
        designing and implementing appropriate shark harvesting plans.
                                 <all>