[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 81 Enrolled Bill (ENR)]

        H.R.81

                      One Hundred Eleventh Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten


                                 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. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Table of contents.

                 TITLE I--SHARK CONSERVATION ACT OF 2010

Sec. 101. Short title.
Sec. 102. Amendment of the High Seas Driftnet Fishing Moratorium 
          Protection Act.
Sec. 103. Amendment of Magnuson-Stevens Fishery Conservation and 
          Management Act.
Sec. 104. Offset of implementation cost.

               TITLE II--INTERNATIONAL FISHERIES AGREEMENT

Sec. 201. Short title.
Sec. 202. International Fishery Agreement.
Sec. 203. Application with other laws.
Sec. 204. Effective date.

                        TITLE III--MISCELLANEOUS

Sec. 301. Technical corrections to the Western and Central Pacific 
          Fisheries Convention Implementation Act.
Sec. 302. Pacific Whiting Act of 2006.
Sec. 303. Replacement vessel.

                TITLE I--SHARK CONSERVATION ACT OF 2010

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Shark Conservation Act of 2010''.

SEC. 102. AMENDMENT OF HIGH SEAS DRIFTNET FISHING MORATORIUM PROTECTION 
              ACT.

    (a) Actions to Strengthen International Fishery Management 
Organizations.--Section 608 of the High Seas Driftnet Fishing 
Moratorium Protection Act (16 U.S.C. 1826i) is amended--
        (1) in paragraph (1)--
            (A) in subparagraph (D), by striking ``and'' at the end;
            (B) in subparagraph (E), by inserting ``and'' after the 
        semicolon; and
            (C) by adding at the end the following:
            ``(F) to adopt shark conservation measures, 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;'';
        (2) in paragraph (2), by striking ``and'' at the end;
        (3) by redesignating paragraph (3) as paragraph (4); and
        (4) by inserting after paragraph (2) the following:
        ``(3) seeking to enter into international agreements that 
    require measures 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 are 
    comparable to those of the United States, taking into account 
    different conditions; and''.
    (b) Illegal, Unreported, or Unregulated Fishing.--Subparagraph (A) 
of section 609(e)(3) of the High Seas Driftnet Fishing Moratorium 
Protection Act (16 U.S.C. 1826j(e)(3)) is amended--
        (1) by striking the ``and'' before ``bycatch reduction 
    requirements''; and
        (2) by striking the semicolon at the end and inserting ``, and 
    shark conservation measures;''.
    (c) Equivalent Conservation Measures.--
        (1) Identification.--Subsection (a) of section 610 of the High 
    Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k) 
    is amended--
            (A) in the matter preceding paragraph (1), by striking 
        ``607, a nation if--'' and inserting ``607--'';
            (B) in paragraph (1)--
                (i) by redesignating subparagraphs (A) and (B) as 
            clauses (i) and (ii), respectively; and
                (ii) by moving clauses (i) and (ii) (as so 
            redesignated) 2 ems to the right;
            (C) by redesignating paragraphs (1) through (3) as 
        subparagraphs (A) through (C), respectively;
            (D) by moving subparagraphs (A) through (C) (as so 
        redesignated) 2 ems to the right;
            (E) by inserting before subparagraph (A) (as so 
        redesignated) the following:
        ``(1) a nation if--'';
            (F) in subparagraph (C) (as so redesignated) by striking 
        the period at the end and inserting ``; and''; and
            (G) 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 in waters beyond any national 
        jurisdiction 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.''.
        (2) Initial identifications.--The Secretary of Commerce shall 
    begin making identifications under paragraph (2) of section 610(a) 
    of the High Seas Driftnet Fishing Moratorium Protection Act (16 
    U.S.C. 1826k(a)), as added by paragraph (1)(G), not later than 1 
    year after the date of the enactment of this Act.

SEC. 103. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVATION AND 
              MANAGEMENT ACT.

    (a) In General.--Paragraph (1) of section 307 of Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1857) 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) or 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). In such subparagraph, the term 
    `naturally attached', with respect to a shark fin, means attached 
    to the corresponding shark carcass through some portion of uncut 
    skin.''.
    (b) Savings Clause.--
        ``(1) In general.--The amendments made by subsection (a) do not 
    apply to an individual engaged in commercial fishing for smooth 
    dogfish (Mustelus canis) in that area of the waters of the United 
    States located shoreward of a line drawn in such a manner that each 
    point on it is 50 nautical miles from the baseline of a State from 
    which the territorial sea is measured, if the individual holds a 
    valid State commercial fishing license, unless the total weight of 
    smooth dogfish fins landed or found on board a vessel to which this 
    subsection applies exceeds 12 percent of the total weight of smooth 
    dogfish carcasses landed or found on board.
        (2) Definitions.--In this subsection:
            (A) Commercial fishing.--The term ``commercial fishing'' 
        has the meaning given that term in section 3 of the Magnuson-
        Stevens Fishery Conservation and Management Act (16 U.S.C. 
        1802).
            (B) State.--The term ``State'' has the meaning given that 
        term in section 803 of Public Law 103-206 (16 U.S.C. 5102).

SEC. 104. OFFSET OF IMPLEMENTATION COST.

    Section 308(a) of the Interjurisdictional Fisheries Act of 1986 (16 
U.S.C. 4107(a)) is amended by striking ``2012.'' and inserting ``2010, 
and $2,500,000 for each of fiscal years 2011 and 2012.''.

              TITLE II--INTERNATIONAL FISHERIES AGREEMENT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``International Fisheries Agreement 
Clarification Act''.

SEC. 202. INTERNATIONAL FISHERY AGREEMENT.

    Consistent with the intent of provisions of the Magnuson-Stevens 
Fishery and Conservation and Management Act relating to international 
agreements, the Secretary of Commerce and the New England Fishery 
Management Council may, for the purpose of rebuilding those portions of 
fish stocks covered by the United States-Canada Transboundary Resource 
Sharing Understanding on the date of enactment of this Act--
        (1) take into account the Understanding and decisions made 
    under that Understanding in the application of section 
    304(e)(4)(A)(i) of the Act (16 U.S.C. 1854(e)(4)(A)(i));
        (2) consider decisions made under that Understanding as 
    ``management measures under an international agreement'' that 
    ``dictate otherwise'' for purposes of section 304(e)(4)(A)(ii) of 
    the Act (16 U.S.C. 1854(e)(4)(A)(ii); and
        (3) establish catch levels for those portions of fish stocks 
    within their respective geographic areas covered by the 
    Understanding on the date of enactment of this Act that exceed the 
    catch levels otherwise required under the Northeast Multispecies 
    Fishery Management Plan if--
            (A) overfishing is ended immediately;
            (B) the fishing mortality level ensures rebuilding within a 
        time period for rebuilding specified taking into account the 
        Understanding pursuant to paragraphs (1) and (2) of this 
        subsection; and
            (C) such catch levels are consistent with that 
        Understanding.

SEC. 203. APPLICATION WITH OTHER LAWS.

    Nothing in this title shall be construed to amend the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1851 et 
seq.) or to limit or otherwise alter the authority of the Secretary of 
Commerce under that Act concerning other species.

SEC. 204. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), section 202 
shall apply with respect to fishing years beginning after April 30, 
2010.
    (b) Special Rule.--Section 202(3)(B) shall only apply with respect 
to fishing years beginning after April 30, 2012.

                        TITLE III--MISCELLANEOUS

SEC. 301. TECHNICAL CORRECTIONS TO THE WESTERN AND CENTRAL PACIFIC 
              FISHERIES CONVENTION IMPLEMENTATION ACT.

    Section 503 of the Western and Central Pacific Fisheries Convention 
Implementation Act (16 U.S.C. 6902) is amended--
        (1) by striking ``Management Council and'' in subsection (a) 
    and inserting ``Management Council, and one of whom shall be the 
    chairman or a member of'';
        (2) by striking subsection (c)(1) and inserting the following:
        ``(1) Employment status.--Individuals serving as such 
    Commissioners, other than officers or employees of the United 
    States Government, shall not be considered Federal employees except 
    for the purposes of injury compensation or tort claims liability as 
    provided in chapter 81 of title 5, United States Code, and chapter 
    171 of title 28, United States Code.''; and
        (3) by striking subsection (d)(2)(B)(ii) and inserting the 
    following:
                ``(ii) shall not be considered Federal employees except 
            for the purposes of injury compensation or tort claims 
            liability as provided in chapter 81 of title 5, United 
            States Code, and chapter 171 of title 28, United States 
            Code.''.

SEC. 302. PACIFIC WHITING ACT OF 2006.

    (a) Scientific Experts.--Section 605(a)(1) of the Pacific Whiting 
Act of 2006 (16 U.S.C. 7004(a)(1)) is amended by striking ``at least 6 
but not more than 12'' inserting ``no more than 2''.
    (b) Employment Status.--Section 609(a) of the Pacific Whiting Act 
of 2006 (16 U.S.C. 7008(a)) is amended to read as follows:
    ``(a) Employment Status.--Individuals appointed under section 603, 
604, 605, or 606 of this title, other than officers or employees of the 
United States Government, shall not be considered to be Federal 
employees while performing such service, except for purposes of injury 
compensation or tort claims liability as provided in chapter 81 of 
title 5, United States Code, and chapter 171 of title 28, United States 
Code.''.

SEC. 303. REPLACEMENT VESSEL.

    Notwithstanding any other provision of law, the Secretary of 
Commerce may promulgate regulations that allow for the replacement or 
rebuilding of a vessel qualified under subsections (a)(7) and (g)(1)(A) 
of section 219 of the Department of Commerce and Related Agencies 
Appropriations Act, 2005 (Public Law 108-447; 188 Stat. 886-891).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.