[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 81 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                 H. R. 81


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 3, 2009

    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 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).''.

            Passed the House of Representatives March 2, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.