[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 81 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 81
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 6, 2009
Ms. Bordallo (for herself, Mr. George Miller of California, Mr.
Faleomavaega, Mr. Abercrombie, Mr. Farr, Mr. Hinchey, Ms. Eddie Bernice
Johnson of Texas, Ms. Eshoo, Mrs. Christensen, Mr. Inslee, Ms. Lee of
California, Mrs. Capps, Mr. Gonzalez, Mr. Holt, Mr. Grijalva, and Mr.
Brown of South Carolina) introduced the following bill; which was
referred to the Committee on Natural Resources
_______________________________________________________________________
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.
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 2009''.
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).''.
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