I 111th CONGRESS 2d Session H. R. 5804 IN THE HOUSE OF REPRESENTATIVES July 21, 2010 Mr. Shadegg (for himself, Ms. Ros-Lehtinen, Ms. Wasserman Schultz, Mr. Cao, and Mr. Mario Diaz-Balart of Florida) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Foreign Affairs and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit trade in billfish.

1.

Short title

This Act may be cited as the Billfish Conservation Act of 2010.

2.

Statement of constitutional authority

The Congress enacts this Act pursuant to clause 3 of section 8 of article I of the United States Constitution.

3.

Prohibition on trade in billfish

(a)

Prohibition

No person shall offer for sale, sell, import, or export, or have custody, control, or possession of for purposes of offering for sale, selling, importing, or exporting, 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)

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).