[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5741 Referred in Senate (RFS)]

  2d Session
                                H. R. 5741


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 9, 2008

    Received; read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 AN ACT


 
 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Shark Conservation Act of 2008''.

SEC. 2. AMENDMENT OF HIGH SEAS DRIFTNET FISHING MORATORIUM PROTECTION 
              ACT.

    Section 610(a) of the High Seas Driftnet Fishing Moratorium 
Protection Act (16 U.S.C. 1826k(a)) is amended--
            (1) by striking so much as precedes paragraph (1) and 
        inserting the following:
    ``(a) Identification.--The Secretary shall identify, and list in 
the report under section 607--
            ``(1) a nation if--'';
            (2) in paragraph (1) by redesignating subparagraphs (A) and 
        (B) as clauses (i) and (ii), respectively;
            (3) by redesignating paragraphs (1) through (3) as 
        subparagraphs (A) through (C), respectively;
            (4) by moving subparagraphs (A) through (C) (as so 
        redesignated) 2 ems to the right;
            (5) in subparagraph (C) (as so redesignated) by striking 
        the period at the end and inserting ``; and''; and
            (6) 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 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.''.

SEC. 3. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVATION AND 
              MANAGEMENT ACT.

    Section 307(1) of Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1857(1)) 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) 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).''.

            Passed the House of Representatives July 8, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.