II 111th CONGRESS 2d Session S. 3812 IN THE SENATE OF THE UNITED STATES September 21, 2010 Mr. Vitter (for himself and Mr. McCain) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To prohibit trade in billfish and for other purposes.

1.

Short title

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

2.

Statement of constitutional authority

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

3.

Billfish defined

In this Act, the term billfish— (1)means any fish of the species— (A)Istiompax indica (black marlin); (B)Istiophorus platypterus (sailfish); (C)Kajikia albida (white marlin); (D)Kajikia audax (striped marlin); (E)Makaira nigricans (blue marlin); (F)Tetrapturus angustirostris (shortbill spearfish); (G)Tetrapturus belone (Mediterranean spearfish); (H)Tetrapturus georgii (roundscale spearfish); and (I)Tetrapturus pfluegeri (longbill spearfish); and (2)does not include the species Xiphias gladius (swordfish).

4.

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

A violation of the prohibition in subsection (a) shall be subject to penalty under section 308 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858) and such a violation shall be treated under such section 308 as an act prohibited by section 307 of that Act (16 U.S.C. 1857).