[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 850 Reported in Senate (RS)]

                                                       Calendar No. 270
111th CONGRESS
  2d Session
                                 S. 850

                          [Report No. 111-124]

 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 SENATE OF THE UNITED STATES

                             April 22, 2009

 Mr. Kerry (for himself, Mr. Whitehouse, Mr. Sanders, Mr. Merkley, Ms. 
 Cantwell, Mr. Wyden, Mr. Cardin, Mr. Menendez, Mr. Reed, Mr. Burris, 
Mr. Lautenberg, Mr. Feingold, Mr. Carper, Mrs. Boxer, Mrs. Gillibrand, 
Ms. Collins, Mrs. Feinstein, Mr. Johnson, Mr. McCain, Mr. Bingaman, Mr. 
   Bayh, Mr. Vitter, Ms. Snowe, Mr. Rockefeller, Mr. Leahy, and Mrs. 
    Murray) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                            February 4, 2010

             Reported by Mr. Rockefeller, with an amendment
 [Strike all after the enacting clause and insert the part printed in 
                                italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Shark Conservation Act of 
2009''.</DELETED>

<DELETED>SEC. 2. AMENDMENT OF HIGH SEAS DRIFTNET FISHING MORATORIUM 
              PROTECTION ACT.</DELETED>

<DELETED>    Subsection (a) of section 610 of the High Seas Driftnet 
Fishing Moratorium Protection Act (16 U.S.C. 1826k) is amended--
</DELETED>
        <DELETED>    (1) in the matter preceding paragraph (1), by 
        striking ``607, a nation if''and inserting ``607--'';</DELETED>
        <DELETED>    (2) in paragraph (1)--</DELETED>
                <DELETED>    (A) by redesignating subparagraphs (A) and 
                (B) as clauses (i) and (ii), respectively; 
                and</DELETED>
                <DELETED>    (B) by moving clauses (i) and (ii) (as so 
                redesignated) 2 ems to the right;</DELETED>
        <DELETED>    (3) by redesignating paragraphs (1) through (3) as 
        subparagraphs (A) through (C), respectively;</DELETED>
        <DELETED>    (4) by moving subparagraphs (A) through (C) (as so 
        redesignated) 2 ems to the right;</DELETED>
        <DELETED>    (5) by inserting before subparagraph (A) (as so 
        redesignated) the following:</DELETED>
        <DELETED>    ``(1) a nation if--'';</DELETED>
        <DELETED>    (6) in subparagraph (C) (as so redesignated) by 
        striking the period at the end and inserting ``; and''; 
        and</DELETED>
        <DELETED>    (7) by adding at the end the following:</DELETED>
        <DELETED>    ``(2) a nation if--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 3. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVATION AND 
              MANAGEMENT ACT.</DELETED>

<DELETED>    Paragraph (1) of section 307 of Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1857) is amended--</DELETED>
        <DELETED>    (1) by amending subparagraph (P) to read as 
        follows:</DELETED>
                <DELETED>    ``(P)(i) to remove any of the fins of a 
                shark (including the tail) at sea;</DELETED>
                <DELETED>    ``(ii) to have custody, control, or 
                possession of any such fin aboard a fishing vessel 
                unless it is naturally attached to the corresponding 
                carcass;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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</DELETED>
        <DELETED>    (2) by striking the matter following subparagraph 
        (R) and inserting the following:</DELETED>
        <DELETED>``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).''.</DELETED>

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.

    (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. 3. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVATION AND 
              MANAGEMENT ACT.

    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.''.
                                                       Calendar No. 270

111th CONGRESS

  2d Session

                                 S. 850

                          [Report No. 111-124]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            February 4, 2010

                       Reported with an amendment