[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2764 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 733
115th CONGRESS
  2d Session
                                S. 2764

                          [Report No. 115-442]

    To amend and enhance the High Seas Driftnet Fishing Moratorium 
  Protection Act to improve the conservation of sharks, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 26, 2018

 Mr. Rubio (for himself, Ms. Murkowski, Mr. Sullivan, Mr. Cassidy, Mr. 
 Van Hollen, and Mr. Whitehouse) introduced the following bill; which 
was read twice and referred to the Committee on Commerce, Science, and 
                             Transportation

                           December 19, 2018

                Reported by Mr. Thune, without amendment

_______________________________________________________________________

                                 A BILL


 
    To amend and enhance the High Seas Driftnet Fishing Moratorium 
  Protection Act to improve the conservation of sharks, and for other 
                               purposes.

    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 ``Sustainable Shark Fisheries and 
Trade Act of 2018''.

SEC. 2. SHARK CONSERVATION AND TRADE FAIRNESS CERTIFICATION.

    Section 610 of the High Seas Driftnet Fishing Moratorium Protection 
Act (16 U.S.C. 1826k) is amended--
            (1) in subsection (a)(2)--
                    (A) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) that nation or any individual or entity from 
                that nation has imported shark products into the United 
                States or seeks to import shark products into the 
                United States; and''; and
                    (B) in subparagraph (B)--
                            (i) by striking ``adopted'' and inserting 
                        ``sought and obtained, not later than the 
                        effective date specified in paragraph (8) of 
                        subsection (g), a certification from the 
                        Secretary under that subsection that the nation 
                        has in effect''; and
                            (ii) by striking ``, taking into account 
                        different conditions'';
            (2) in subsection (b), in paragraphs (2) and (3), by 
        striking ``subsection (a)'' each place it appears and inserting 
        ``subsection (a)(1)'';
            (3) in subsection (c)--
                    (A) in paragraph (1), by striking ``subsection 
                (a)'' and inserting ``subsection (a)(1)''; and
                    (B) by adding at the end the following:
            ``(6) Applicability to certain countries.--This subsection 
        does not apply to nations identified under subsection 
        (a)(2).'';
            (4) in subsection (d)--
                    (A) in paragraph (1), by inserting ``or (g)'' after 
                ``under subsection (c)''; and
                    (B) in paragraph (3), by inserting ``or (g)'' after 
                ``under subsection (c)''; and
            (5) by adding at the end the following:
    ``(g) Shark Conservation and Trade Fairness Certification.--
            ``(1) Prohibition on importation.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), shark products may not be imported 
                into the United States unless the shark products were 
                landed in a nation to which the Secretary has issued a 
                certification or partial certification under paragraph 
                (2).
                    ``(B) Exceptions.--The prohibition under 
                subparagraph (A) shall not apply to shark products that 
                are--
                            ``(i) traded, owned, held, or otherwise 
                        possessed by an employee or agent of a 
                        governmental agency for law enforcement 
                        purposes;
                            ``(ii) used for noncommercial subsistence 
                        purposes in accordance with Federal, State, 
                        tribal, or territorial law;
                            ``(iii) used solely for display, education, 
                        conservation, or research purposes by an 
                        accredited zoo, aquarium, museum, college, or 
                        university; or
                            ``(iv) used by any other person under a 
                        State or Federal permit to conduct 
                        noncommercial scientific research.
            ``(2) Certifications.--Pursuant to the regulations 
        prescribed under paragraph (5), the Secretary--
                    ``(A) shall grant a certification to any nation 
                that has adopted and effectively enforces regulatory 
                programs to provide for the conservation and management 
                of sharks, and measures to prohibit shark finning, that 
                are comparable to those of the United States; and
                    ``(B) may grant a partial certification to a nation 
                if the Secretary determines that the nation--
                            ``(i) has adopted and effectively enforces 
                        regulatory programs that are comparable to the 
                        regulatory programs of the United States to 
                        provide for the conservation and management of 
                        a specific species of shark imported into the 
                        United States or used to produce shark products 
                        imported into the United States; and
                            ``(ii) has in effect an effective ban on 
                        shark finning that is comparable to that of the 
                        United States.
            ``(3) Expiration; renewal.--A certification or partial 
        certification issued under this subsection--
                    ``(A) shall be effective for not more than 3 years 
                from the date of issuance; and
                    ``(B) may be renewed in accordance with the 
                provisions of this subsection relating to the initial 
                issuance of the certification.
            ``(4) Certain determinations.--The Secretary shall make a 
        determination with respect to whether to renew under paragraph 
        (3) or revoke pursuant to paragraph (5)(A)(ii) a certification 
        or partial certification issued under this subsection not later 
        than 180 days after the submission of the application for 
        renewal or the petition for revocation, as the case may be.
            ``(5) Regulations.--
                    ``(A) In general.--Not later than 2 years after the 
                date of the enactment of the Sustainable Shark 
                Fisheries and Trade Act of 2018, the Secretary shall 
                prescribe regulations under chapter 5 of title 5, 
                United States Code, with respect to the submission, 
                evaluation, revocation, and renewal of applications for 
                certifications and partial certifications under 
                paragraph (2). Such regulations shall--
                            ``(i) prescribe the content and format of 
                        applications and standards for the information 
                        to be provided in such applications; and
                            ``(ii) establish a process for petitioning 
                        the Secretary for revocation of the 
                        certification or partial certification of any 
                        nation, including standards for the information 
                        required to be provided to demonstrate that the 
                        nation no longer meets the criteria established 
                        under this subsection for the certification.
                    ``(B) Criteria for certification or partial 
                certification.--The regulations prescribed under 
                subparagraph (A) shall establish criteria for 
                determining whether a nation has and effectively 
                enforces regulatory programs to provide for the 
                conservation and management of sharks, and measures to 
                prohibit shark finning, that are comparable to those of 
                the United States, which shall include, at a minimum, a 
                requirement that such programs--
                            ``(i) be consistent with the national 
                        standards for fishery conservation and 
                        management set forth at section 301(a) of the 
                        Magnuson-Stevens Conservation and Management 
                        Act (16 U.S.C. 1851(a));
                            ``(ii) provide for regularly updated 
                        management plans, scientifically established 
                        catch limits, and bycatch assessments and 
                        minimization;
                            ``(iii) include a program to prevent 
                        overfishing of sharks and rebuild overfished 
                        stocks;
                            ``(iv) require reporting and data 
                        collection;
                            ``(v) be consistent with the International 
                        Plan of Action for Conservation and Management 
                        of Sharks of the Food and Agriculture 
                        Organization of the United Nations; and
                            ``(vi) include a mechanism to ensure that, 
                        if the nation allows landings of sharks by 
                        foreign vessels that are not subject to such 
                        programs, only shark products that comply with 
                        such programs are exported to the United 
                        States.
            ``(6) Publication; public comment.--The Secretary shall--
                    ``(A) publish in the Federal Register notice of 
                applications, petitions, and decisions with respect to 
                certifications, renewal of certifications, or 
                revocation of certifications under this subsection; and
                    ``(B) provide an opportunity for public comment 
                with respect to such applications, petitions, and 
                decisions.
            ``(7) Final agency action.--A decision of the Secretary 
        with respect to the issuance, renewal, or revocation of a 
        certification or partial certification under this subsection, 
        or a failure to make a determination under paragraph (4) in the 
        time required by that paragraph, shall be considered a final 
        agency action for the purposes of chapter 7 of title 5, United 
        States Code.
            ``(8) Effective date.--The prohibition under paragraph (1) 
        shall take effect on the earlier of--
                    ``(A) the date on which regulations are prescribed 
                under paragraph (5); or
                    ``(B) the date that is 3 years after the date of 
                the enactment of the Sustainable Shark Fisheries and 
                Trade Act of 2018.
            ``(9) Definitions.--In this subsection:
                    ``(A) Shark.--The term `shark' means any species of 
                the subclass Elasmobranchii.
                    ``(B) Shark product.--The term `shark product' 
                means live sharks, whole sharks, and the meat, skin, 
                oil, fins (including wings and tails), gill rakers, 
                cartilage, jaws, teeth, liver, or any product 
                containing meat, skin, oil, fins (including wings and 
                tails), gill rakers, cartilage, jaws, teeth, or liver 
                derived from sharks.
                    ``(C) Shark finning.--The term `shark finning' 
                means the removal of a shark's fins, including the 
                tail, and discarding the remaining carcass of the shark 
                at sea.''.

SEC. 3. ACTIONS TO STRENGTHEN INTERNATIONAL FISHERY MANAGEMENT 
              ORGANIZATIONS.

    Section 608(a) of the High Seas Driftnet Fishing Moratorium 
Protection Act (16 U.S.C. 1826i(a)) is amended--
            (1) in paragraph (1), by striking subparagraph (F) and 
        inserting the following:
                    ``(F) to adopt shark conservation and management 
                measures and measures to prevent shark finning that are 
                consistent with the International Plan of Action for 
                Conservation and Management of Sharks of the Food and 
                Agriculture Organization of the United Nations;''; and
            (2) by striking paragraph (3) and inserting the following:
            ``(3) seeking to enter into international agreements that 
        require measures for the conservation and management of sharks 
        and measures to prevent shark finning that are consistent with 
        the International Plan of Action for Conservation and 
        Management of Sharks; and''.

SEC. 4. INCLUSION OF RAYS AND SKATES IN SEAFOOD TRACEABILITY PROGRAM.

    Not later than one year after the date of the enactment of this 
Act, the Secretary of Commerce shall revise section 300.324 of title 
50, Code of Federal Regulations to include rays and skates on the list 
provided for under subsection (a)(2) of that section.

SEC. 5. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to preempt any Federal or 
State law establishing additional or more stringent requirements than 
the requirements of subsection (g) of section 610 of the High Seas 
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k), as added 
by section 3.

SEC. 6. FUNDING.

    There are authorized to be appropriated to the Secretary of 
Commerce to carry out this Act--
            (1) $325,000 for fiscal year 2019;
            (2) $325,000 for fiscal year 2020;
            (3) $400,000 for each of fiscal years 2021, 2022, and 2023; 
        and
            (4) $250,000 for fiscal year 2024.
                                                       Calendar No. 733

115th CONGRESS

  2d Session

                                S. 2764

                          [Report No. 115-442]

_______________________________________________________________________

                                 A BILL

    To amend and enhance the High Seas Driftnet Fishing Moratorium 
  Protection Act to improve the conservation of sharks, and for other 
                               purposes.

_______________________________________________________________________

                           December 19, 2018

                       Reported without amendment