II 110th CONGRESS 2d Session S. 3231 IN THE SENATE OF THE UNITED STATES July 8, 2008 Mr. Kerry introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 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.

1.

Short title

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

2.

Improved conservation of sharks

(a)

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)in paragraph (1), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (2)by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively; (3)by striking the matter preceding subparagraph (A), as redesignated by paragraph (2) of this section, and inserting the following: (a)

Identification

The Secretary shall identify, and list in the report under section 607— (1)a nation if— ; (4)in paragraph (1)(C), as so redesignated by paragraph (2) of this section, by striking the period at the end and inserting ; or; and (5)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 any removal 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. . (b)

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 shark fin aboard a fishing vessel unless it is naturally attached to the corresponding carcass; (iii)to transfer any shark fin from one vessel to another vessel at sea, or to receive any shark fin in such transfer, without the fin naturally attached to the corresponding carcass; or (iv)to land any shark fin that is not naturally attached to the corresponding carcass, or to land any shark carcass without the fins (including the tail) naturally attached; ; and (2)by striking the matter following subparagraph (R).