[Congressional Record Volume 146, Number 86 (Friday, June 30, 2000)]
[Senate]
[Pages S6284-S6287]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 S. 2832--REAUTHORIZING THE MAGNUSON-STEVENS FISHERY CONSERVATION AND 
                             MANAGEMENT ACT

  On June 29, 2000, Ms. Snowe introduced S. 2832. The text of the bill 
follows:

                                S. 2832

       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 ``Magnuson-Stevens 
     Reauthorization Act of 2000''.

                 TITLE I--REAUTHORIZATION AND REVISION

     SEC. 101. AMENDMENT OF THE MAGNUSON-STEVENS FISHERY 
                   CONSERVATION AND MANAGEMENT ACT.

       Except as otherwise expressly provided, whenever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Magnuson-Stevens Fishery Conservation 
     and Management Act (16 U.S.C. 1801 et seq.).

     SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

       Section 4 (16 U.S.C. 1803) is amended by striking 
     paragraphs (1) through (4) and inserting the following:
       ``(1) $400,000,000 for fiscal year 2000;
       ``(2) $415,000,000 for fiscal year 2001;
       ``(3) $430,000,000 for fiscal year 2002;
       ``(4) $445,000,000 for fiscal year 2003;
       ``(5) $460,000,000 for fiscal year 2004; and
       ``(6) $475,000,000 for fiscal year 2005.''.

     SEC. 103. POLICY.

       Section 2(c) (16 U.S.C. 1081(c)) is amended--
       (1) by striking ``and'' after the semicolon in paragraph 
     (6);
       (2) by striking ``States.'' in paragraph (7) and inserting 
     ``States; and; and
       (3) by adding at the end thereof the following:
       ``(8) to use the best scientific information available when 
     making fisheries management and conservation decisions, 
     meaning information that is collected and analyzed by a 
     process that, to the extent practicable--
       ``(A) is directly related to the specific issue under 
     consideration;
       ``(B) is based on a statistically sufficient sample such 
     that any conclusions drawn are reasonably supported;
       ``(C) has been independently peer-reviewed;
       ``(D) has been collected within a time frame that is 
     reasonably related to the specific issue under consideration; 
     and
       ``(E) incorporates a broad base of available sources.''.

     SEC. 104. DEFINITIONS; NEW TERMS.

       (a) New terms.--Section 3 (16 U.S.C. 1802) is amended as 
     follows:
       (1) Habitat area of particular concern.--After paragraph 
     (18), insert the following:
       ``( ) The term `habitat area of particular concern' means 
     those waters and submerged substrate that form a discrete 
     vulnerable subunit of essential fish habitat that is required 
     for a stock to sustain itself and which is designated through 
     a specified set of national criteria which includes, at a 
     minimum, a requirement that designation be based on the best 
     scientific information available regarding habitat-specific 
     density of that fish stock, growth, reproduction, and 
     survival rates of that stock within the designated area.''.
       (2) Maximum sustainable yield.--After paragraph (23), 
     insert the following:
       ``( ) The term `maximum sustainable yield' means the 
     largest long-term average catch or yield in terms of weight 
     of fish caught for commercial and recreational purposes that 
     can be continuously taken from a stock under existing 
     environmental conditions, and which is adjusted as 
     environmental conditions change.''.
       (b) Numeration and Redesignation.--Section 3 (16 U.S.C. 
     1802), as amended by subsection (a), is amended--
       (1) by moving paragraph (35) to follow paragraph (36); and
       (2) by renumbering all paragraphs in numerical order from 
     (1) through (47).
       (c) References in Other Law.--Whenever any other provision 
     of law refers to a term defined in section 3 of the Magnuson-
     Stevens Fishery Conservation and Management Act (16 U.S.C. 
     1802) by its paragraph number and that paragraph was 
     renumbered by subsection (b) of this section, the reference 
     shall be considered to be a reference to the paragraph number 
     given that paragraph under subsection (b) or subsequent 
     amendment of that Act.

     SEC. 105. ADVISORY COMMITTEE REFORM AND PEER REVIEW.

       (a) Reform.--Section 302(g) (16 U.S.C. 1852(g)) is 
     amended--
       (1) by adding at the end of paragraph (3) the following:
       ``(C) For each committee established under subparagraph 
     (A), each Council shall establish standard operating 
     procedures relating to time, place, and frequency of 
     meetings, a description of the type and format of information 
     to be provided under subparagraph (A), a description of how 
     recommendations under subparagraph (A) will be used, and 
     other relevant factors.'';
       (2) by redesignating paragraph (5) as paragraph (6); and
       (3) by inserting after paragraph (4) the following:
       ``(5) Each Council shall establish standard operating 
     procedures relating to the relevant scientific review 
     committee or committees that are responsible for conducting 
     peer reviews of all stock assessments and economic and social 
     analyses prepared for fisheries under the Council's 
     jurisdiction. Committees under this paragraph shall consist 
     of members from the committee established under paragraph (1) 
     of this subsection and, to the extent practicable, 
     independent scientists qualified to peer review such 
     assessments and analyses.''.
       (b) Peer Review.--Section 302(h) (16 U.S.C. 1852(h)) is 
     amended--
       (1) by striking ``and'' at the end of paragraph (5);
       (2) by redesignating paragraph (6) as paragraph (7); and
       (3) by inserting after paragraph (5) the following:
       ``(6) to the extent practicable conduct a peer review of 
     any stock assessments and economic and social analyses 
     prepared for a fishery under its jurisdiction, utilizing the 
     procedures established under subsection (g)(5); and''.

     SEC. 106. OVERFISHING AND REBUILDING.

       (a) Rebuilding Overfished Fisheries.--Section 304(e) (16 
     U.S.C. 1854(e)) is amended--
       (1) by striking ``(1) The Secretary'' in paragraph (1) and 
     inserting ``(1)(A) The Secretary'';
       (2) by inserting after ``overfished.'' the following:
       ``The Secretary shall also identify which fisheries are 
     managed under a fishery management plan or international 
     agreement, and the estimated percentage of the total volume 
     of all species in United States waters that are manged under 
     a fishery management plan or international agreement.''
       (3) by striking the last sentence of paragraph (1) and 
     inserting the following: ``A fishery shall be classified as 
     approaching a condition of being overfished if, based on the 
     best scientific information available trends in fishing 
     effort and fishery resource size and other appropriate 
     factors, the Secretary estimates that the fishery will become 
     overfished within 2 years.'';
       (4) by adding at the end of paragraph (1) the following:

[[Page S6285]]

       ``(B) If the Secretary determines that insufficient 
     information is available on which to conclude that a fishery 
     is approaching a condition of being overfished, the Secretary 
     shall immediately notify the appropriate Council and within 
     six months of such notification implement a research program, 
     including cooperative research, designed to provide the 
     information needed to determine whether or not the fishery is 
     approaching a condition of being overfished.'';
       (5) by striking paragraph (2) and inserting the following:
       ``(2)(A) If the Secretary determines at any time that a 
     fishery is overfished, the Secretary shall immediately notify 
     the appropriate Council and request that action be taken to 
     end overfishing and to implement conservation and management 
     measures to rebuild the stock of fish.
       ``(B) If a fishery harvests more than one stock of fish, 
     the fishery shall be managed as a unit and considered as a 
     unit for purposes of this Act, and the conservation and 
     management targets of this Act do not require that the 
     fishery be managed on a stock-by-stock basis.
       ``(C) The Secretary shall publish each notice under this 
     paragraph in the Federal Register.'';
       (6) striking clauses (i) and (ii) of paragraph (4) and 
     inserting the following:
       ``(i) be as short as possible, taking into account the 
     status and biology of any overfished stocks of fish, the need 
     to minimize adverse social and economic impacts, including 
     the cumulative impact of conservation and management measures 
     on fishing communities, oceanographic and other environmental 
     conditions that affect the stocks of fish, the interaction of 
     the overfished stock of fish within the marine ecosystem, and 
     be consistent with conservation and management measures 
     adopted by an international organization in which the United 
     States participates; and
       ``(ii) not exceed 10 years, except in cases where the 
     biology of the stock of fish, or other environmental 
     conditions dictate otherwise, or in cases where conservation 
     and management measures adopted by an international 
     organization in which the United States participates 
     recommend otherwise.''; and
       (7) by striking ``United States.'' in paragraph (4)(C) and 
     inserting the following: ``United States, and provide fair 
     and equitable sharing of the management and conservation 
     requirements among all contracting harvesters under such an 
     agreement.''.
       (b) Atlantic Highly Migratory Species.--Section 304(g)(1) 
     (16 U.S.C. 1854(g)(1)) is amended--
       (1) by redesignating subparagraphs (A) through (G) as 
     subparagraphs (B) through (H), respectively;
       (2) by inserting before subparagraph (B), as so 
     redesignated, the following:
       ``(A) consult with the commissioners appointed under 
     section 971a of the Atlantic Tunas Convention Act (16 U.S.C. 
     971) during the preparation of plans, plan amendments, and 
     regulations that implement recommendations of the 
     International Commission for the Conservation of Atlantic 
     Tunas to ensure that the implementation of such plans, plan 
     amendments, and regulations is consistent with such 
     recommendations.'';
       (3) by striking ``commissioners and'' in subparagraph (B), 
     as so redesignated;
       (4) by redesignating clauses (iii) and (iv) in subparagraph 
     (H), as so redesignated, as clauses (v) and (vi), 
     respectively, and inserting after clause (ii) the following:
       ``(iii) do not have the effect of increasing or decreasing 
     any allocation or quota of fish or fishing mortality level to 
     the United States agreed to pursuant to a recommendation of 
     the International Commission for the Conservation of Atlantic 
     Tunas;
       ``(iv) require comparable permitting, reporting, 
     monitoring, and enforcement for all commercial and 
     recreational fisheries;''; and
       (5) by striking ``species;'' in subparagraph (G), as 
     redesignated, and inserting ``species and maintain the 
     conservation leadership role of the United States through 
     such measures;''.

     SEC. 107. OBSERVERS.

       (a) In General.--Section 303 (16 U.S.C. 1853) is amended by 
     adding at the end thereof the following:
       ``(e) Observer Programs.--
       ``(1) When establishing any new program under this Act 
     which utilizes observers deployed on United States fishing 
     vessels or in United States fish processing plants for 
     purposes of monitoring the harvesting of fish and collecting 
     scientific information, the Council with jurisdiction over 
     the fishery (or in the case of a highly migratory species 
     fishery, the Secretary) in which the observers will be 
     deployed shall establish a set of goals and objectives, an 
     implementation schedule for the program, and a statistically 
     reliable method for achieving the goals and objectives.
       ``(2) The goals and objectives required under paragraph (1) 
     shall take into account--
       ``(A) equity among the various harvesting and processing 
     sectors in the fishery;
       ``(B) fair and equitable sharing of the costs of the 
     program among participants in the fishery; and
       ``(C) that those fishing vessels and processing plants 
     where observers are deployed are not put at a disadvantage 
     with respect to other harvesters or processors in that 
     fishery or in other fisheries.
       ``(3) Any system of fees established under this section 
     shall provide that the total amount of fees collected under 
     this section not exceed the combined cost of--
       ``(A) stationing observers on board fishing vessels and 
     United States fish processors;
       ``(B) the actual cost of inputting collected data; and
       ``(C) less any amount received for such purpose from 
     another source, including Federal funds.''.
       (b) Plan Requirement.--Section 303(a) (16 U.S.C. 1853(a)) 
     is amended--
       (1) by striking ``and'' at the end of paragraph (13);
       (2) by striking ``fishery.'' in paragraph (14) and 
     inserting``fishery; and''; and
       (3) by adding at the end thereof the following:
       ``(15) to the extent that observers are deployed on board 
     United States fishing vessels or in United States fish 
     processing plants under the provisions of a fishery 
     management plan or regulations implementing a fishery 
     management plan, comply with the goals and objectives 
     required under subsection (e).''.

     SEC. 108. CUMULATIVE IMPACTS.

       (a) National Standards.--Section 301(a)(8) (16 U.S.C. 
     1851(a)(8)) is amended to read as follows:
       ``(8) Conservation and management measures shall, 
     consistent with the conservation requirements of this Act, 
     take into account the importance of fishery resources to 
     fishing communities, and the individual and cumulative 
     economic and social impact of fishery conservation and 
     management measures on such communities, in order to--
       ``(A) provide for the sustained participation of such 
     communities; and
       ``(B) to the extent practicable, minimize adverse social 
     and economic impacts on such communities.''.
       (b) Contents of Plans.--Section 303(a)(9) (16 U.S.C. 
     1853(a)(9)) is amended by striking ``describe the likely 
     effects, if any, of the conservation and management measures 
     on--'' and inserting ``describe in detail the likely effects, 
     including the individual and cumulative economic and social 
     impacts, of the conservation and management measures on--''.

     SEC. 109. ESSENTIAL FISH HABITAT.

       (a) Fishery Management Plans.--Section 303(a)(7) (16 U.S.C. 
     1853(a)(7)) is amended to read as follows:
       ``(7) describe and identify essential fish habitat and 
     habitat areas of particular concern for the fishery based on 
     the guidelines established by the Secretary under section 
     305(b)(1)(A), and minimize to the extent practicable adverse 
     effects on habitat areas of particular concern caused by 
     fishing and identify other actions to encourage the 
     conservation and enhancement of such habitat.''.
       (b) Fish Habitat Requirement.--Section 305(b)(1) (16 U.S.C. 
     1855) is amended by inserting ``and habitat areas of 
     particular concern'' following ``essential fish habitat'' 
     each time it appears in subparagraphs (A) and (B).

     SEC. 110. REGIONAL FISHERY MANAGEMENT COUNCILS.

       Section 302 (16 U.S.C. 1852) is amended--
       (1) by inserting ``and of the commonwealths, territories, 
     and possessions of the United States in the Caribbean Sea'' 
     in subsection (a)(1)(D) after ``States'';
       (2) by inserting ``or disseminated by any other means that 
     will result in wide publicity'' in subsection (i)(2)(C) after 
     ``fishery)''; and
       (3) by inserting ``or notify the public through any other 
     means that will result in wide publicity'' in subsection 
     (i)(3)(B) after ``ports)''.

     SEC. 111. CONTENTS OF FISHERY MANAGEMENT PLANS.

       Section 303(b)(7) (16 U.S.C. 1853(b)(7)) is amended by 
     striking ``(other than economic data)''.

     SEC. 112. ACTION BY THE SECRETARY.

       Section 304 (16 U.S.C. 1854) is amended--
       (1) by inserting ``and any proposed implementing 
     regulations prepared under section 303(c)(1),'' in subsection 
     (a)(1) after ``plan amendment,'';
       (2) by redesignating subparagraphs (A) and (B) of 
     subsection (a)(1) as subparagraphs (B) and (C), respectively;
       (3) by inserting before subparagraph (B), as so 
     redesignated, of subsection (a)(1) the following:
       ``(A) immediately make a preliminary evaluation of the 
     management plan or amendment for purposes of deciding if it 
     is consistent with the national standards and sufficient in 
     scope and substance to warrant review under this subsection, 
     and
       ``(i) if that decision is affirmative, implement 
     subparagraphs (B) and (C) with respect to the plan or 
     amendment; or
       ``(ii) if that decision is negative, disapprove the plan or 
     amendment and notify the Council, in writing, of the 
     disapproval and of those matters specified in paragraph 
     (3)(A), (B), and (C) as they relate to the plan or 
     amendment;'';
       (4) striking subparagraph (C), as so redesignated, of 
     subsection (a)(1) and inserting the following:
       ``(C) by the 15th day following transmittal of the plan and 
     proposed implementing regulations, publish in the Federal 
     Register--
       ``(i) a notice stating that the plan or amendment is 
     available and that written data, views, or comments of 
     interested persons on the plan or amendment may be submitted 
     to the Secretary during the 50-day period beginning on the 
     date the notice is published; and
       ``(ii) any proposed implementing regulations that are 
     consistent with the fishery

[[Page S6286]]

     management plan or amendment, this Act, and other applicable 
     law, for a comment period of 50 days (incorporating any 
     technical changes to the Council's proposed regulations the 
     Secretary believes to be necessary for clarity, together with 
     an explanation of those changes).'';
       (5) by striking ``section 303(c),'' in subsection (b)(1) 
     and inserting ``section 303(c)(2),'';
       (6) by striking ``if that determination is affirmative, the 
     Secretary shall'' in subsection (b)(1)(A) and inserting ``if 
     the Secretary determines that the regulations are consistent, 
     the Secretary shall, within 15 days of transmittal,'';
       (7) by striking ``if that determination is negative, the 
     Secretary shall'' in subsection (b)(1)(B) and inserting ``if 
     the Secretary determines that the regulations are not 
     consistent, the Secretary shall, within 15 days of 
     transmittal,''; and
       (8) by striking ``paragraph (1)(A).'' in subsection (b)(3) 
     and inserting ``paragraph (1)(A), and within 45 days after 
     the end of the comment period under subsection (a)(1)(C).''.

     SEC. 113. INFORMATION COLLECTION.

       Section 402 (16 U.S.C. 1881a) is amended--
       (1) by striking ``(other than information that would 
     disclose proprietary or confidential commercial or financial 
     information regarding fishing operations or fish processing 
     operations)'' each place it appears in subsection (a);
       (2) by striking ``under this Act shall be confidential and 
     shall not be disclosed,'' in subsection (b)(1) and inserting 
     ``under this Act, and that would disclose proprietary or 
     confidential commercial or financial information regarding 
     fishing operations or fish processing operations, shall be 
     kept confidential and not disclosed for a period of 20 years 
     following the year of submission to the Secretary,''; and
       (3) by striking ``under this Act,'' in subsection (b)(2) 
     and inserting ``under this Act, and that would disclose 
     proprietary or confidential commercial or financial 
     information regarding fishing operations or fish processing 
     operations,''.

     SEC. 114. COOPERATIVE RESEARCH AND MANAGEMENT.

       The Act is amended by adding at the end thereof the 
     following:

             ``TITLE V-COOPERATIVE RESEARCH AND MANAGEMENT.

     ``SEC. 501. ESTABLISHMENT OF PROGRAM.

       ``(a) In General.--The Secretary shall establish a national 
     cooperative research and management program to be 
     administered by the National Marine Fisheries Service, based 
     on recommendations by the Councils. The program shall consist 
     of cooperative research and management activities between 
     fishing industry participants, the affected States, and the 
     Service.
       ``(b) Research Awards.--Each research project under this 
     program shall be awarded on a standard competitive basis 
     established by the Service, in consultation with the 
     Councils. Each Council shall establish a research steering 
     committee to carry out this subsection.
       ``(c) Guidelines.--The Secretary, in consultation with the 
     appropriate Council and the fishing industry, shall create 
     guidelines so that participants in this program are not 
     penalized for loss of catch history or unexpended days-at-sea 
     as part of a limited entry system.''.

     ``SEC. 502. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to the National 
     Marine Fisheries Service, in addition to amounts otherwise 
     authorized by this Act, the following amounts, to remain 
     available until expended, for the conduct of this program:
       ``(1) $15,000,000 for fiscal year 2001.
       ``(2) $20,000,000 for fiscal year 2002.
       ``(3) $25,000,000 for fiscal year 2003.
       ``(4) $30,000,000 for fiscal year 2004.
       ``(5) $35,000,000 for fiscal year 2005.''.

     SEC. 115. INDIVIDUAL FISHING QUOTAS.

       Section 303(d)(1)(A) is amended by striking ``before 
     October 1, 2000,'' and inserting ``before October 1, 2003,''.

     SEC. 116. COOPERATIVE ENFORCEMENT AGREEMENTS.

       Titile III is amended by adding at the end thereof the 
     following:

     ``SEC. 315. COOPERATIVE ENFORCEMENT USES.

       ``(a) In General.--The Governor of a State represented on 
     an Interstate Fisheries Commission may apply to the Secretary 
     for execution of a cooperative enforcement agreement with the 
     Secretary that will authorize the deputization of State law 
     enforcement officers with marine law enforcement 
     responsibilities to perform duties of the Secretary relating 
     to law enforcement provisions under this Act or any other 
     marine resource laws enforced by the Secretary. Upon 
     receiving an application meeting the requirements of this 
     section, the Secretary shall enter into the cooperative 
     enforcement agreement with the requesting State.
       ``(b) Requirements.--Cooperative enforcement agreements 
     executed under subsection (a)--
       ``(1) shall be consistent with the purposes and intent of 
     section 311(a) of this Act, to the extent applicable to the 
     regulated activities; and
       ``(2) may include specifications for joint management 
     responsibilities as provided by the first section of Public 
     Law 91-412 (15 U.S.C. 1525).
       ``(c) Authorization and Allocation of Funds.--There are 
     authorized to be appropriated to the Secretary for the 
     purposes of carrying out this section $10,000,000 in each of 
     fiscal years 2001 through 2005. The Secretary shall include 
     in each cooperative enforcement agreement an allocation of 
     funds to assist in management of the agreement. The 
     allocation shall be equitably distributed among all States 
     participating in cooperative enforcement agreements under 
     this subsection, based upon consideration of the specific 
     marine conservation enforcement needs of each participating 
     State. Such agreement may provide for amounts to be withheld 
     by the Secretary for the cost of any technical or other 
     assistance provided to the State by the Secretary under the 
     agreement.''.

     SEC. 117. STATEMENT OF POLICY REGARDING DELEGATION.

       Section 2(c) (16 U.S.C. 1801(c)) is amended--
       (1) by striking ``and'' after the semicolon in paragraph 
     (6);
       (2) by striking ``States.'' in paragraph (7) and inserting 
     ``States; and''; and
       (3) by adding at the end thereof the following:
       ``(8) to ensure that, notwithstanding any other provision 
     of law, the Secretary has exclusive authority in the Federal 
     Government for managing fishery resources (as defined in this 
     Act), but the Secretary may delegate such authority to any 
     other Federal official.''.

     SEC. 118. SCIENTIFIC AND STATISTICAL COMMITTEES REPORT ON 
                   ECOSYSTEM RESEARCH PRIORITIES; PILOT PROGRAM 
                   FOR FISHERY ECOSYSTEM PLANS.

       Section 406 (16 U.S.C. 1882) is amended by adding at the 
     end thereof the following:
       ``(f) Research.--
       ``(1) Report required.--Within 12 months after the date of 
     enactment of the Magnuson-Stevens Reauthorization Act of 2000 
     the Scientific and Statistical Committees of each regional 
     fishery management council shall identify and submit a report 
     to the Secretary outlining prioritized information or 
     research needs to support ecosystem based management of the 
     fisheries within its jurisdiction. In determining what 
     factors to consider, the Committees may consider the 
     recommendations outlined in the report under section (d).
       ``(2) Assistance.--The Secretary shall provide assistance 
     to the regional councils to obtain the prioritized 
     information and conduct research identified in the reports 
     under paragraph (1). These efforts shall not displace 
     existing research efforts and priorities identified by the 
     regional councils or the Secretary.
       ``(g) Pilot Program.--
       ``(1) In general.--Within 18 months after the date of 
     enactment of the Magnuson-Stevens Reauthorization Act of 
     2000, the Secretary, in consultation with the 8 regional 
     fishery management council Chairs and affected stakeholders, 
     shall identify at least one fishery or complex of interacting 
     fisheries suitable for the development of a pilot Fishery 
     Ecosystem Plan. The Secretary shall consider the reports 
     submitted under subsection (f) when selecting the pilot 
     program.
       ``(2) Coordination with appropriate council.--After 
     identifying the pilot Fishery Ecosystem Plan, the Secretary 
     shall coordinate with the appropriate regional fishery 
     management council to identify any information or conduct any 
     research that may be needed to complete such a plan including 
     a model of the food web, habitat needs of organisms 
     identified in the food web, rates of mortality, 
     identification of indicator species, and any other relevant 
     data and monitoring needs.
       ``(3) Fishery Ecosystem Plan.--Within 30 months after 
     identification of the pilot fishery or complex of interacting 
     fisheries, the appropriate regional fishery management 
     council shall submit to the Secretary for approval a Fishery 
     Ecosystem Plan. In creating such plan, the council may 
     consider the recommendations outlined in the report under 
     section (d).''.

                      TITLE II--SHARK CONSERVATION

     SEC. 201. PROHIBITION ON SHARK-FINNING AND THE LANDING OF 
                   SHARK FINS TAKEN BY SHARK-FINNING.

       (a) In General.--Section 307 of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1857) is 
     amended--
       (1) by inserting ``(a) In General.--'' before ``It is 
     unlawful--'';
       (2) by striking ``or'' after the semicolon in subparagraph 
     (N);
       (3) by striking the period in subparagraph (O) and 
     inserting a semicolon and ``or''; and
       (4) by adding at the end the following:
       ``(P) to engage in shark-finning, or to land the fins of a 
     shark that were taken by shark-finning.
       ``(b) Shark-finning Presumption.--For purposes of 
     subsection (a)(1)(P), there is a rebuttable presumption that 
     shark fins landed from a fishing vessel or found on board a 
     fishing vessel were taken by shark-finning.''.
       (b) Definition Added to Act.--Section 3 of the Magnuson-
     Stevens Fishery Conservation and Management Act (16 U.S.C. 
     1802), as amended by section 103, is amended--
       (1) by redesignating paragraphs (38) through (48), and any 
     reference to any such paragraph elsewhere in that Act, as 
     paragraphs (39) through (49); and
       (2) by inserting after paragraph (37) the following:
       ``(38) The term `shark-finning' means the taking of a 
     shark, removing the fin or fins (whether or not including the 
     tail), and returning the remainder of the shark to the 
     sea.''.

[[Page S6287]]

     SEC. 202. REGULATIONS.

       No later than 90 days after the date of enactment of this 
     Act, the Secretary of Commerce shall promulgate regulations 
     implementing the prohibition set forth in section 
     307(a)(1)(P) of the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1857(a)(1)(P)) that--
       (1) establish shark fin landing requirements that consider 
     species identification needs, shark processing methods, and 
     the nature and availability of markets for shark products in 
     the region in which the shark fins are landed;
       (2) contain procedures governing release of sharks caught 
     but not retained by a fishing vessel that will ensure maximum 
     probability of survival of sharks after release;
       (3) contain documentation and other requirements necessary 
     to assure the timely and adequate collection of data to 
     support shark stock assessments and conservation enforcement 
     efforts; and
       (4) set forth the facts and circumstances under which a 
     person may rebut the presumption established by section 
     307(b) of the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1857(b), including the use of 
     documentation provided through applicable fisheries observer 
     programs and dockside inspection.

     SEC. 203. INTERNATIONAL NEGOTIATIONS.

       The Secretary of Commerce, acting through the Secretary of 
     State, may with respect to the fishing practices on highly 
     migratory sharks governed by regulations promulgated by the 
     Secretary of Commerce pursuant to section 202 of this title--
       (1) notify other nations whose vessels engage in fishing on 
     highly migratory sharks, as soon as possible, about the 
     import certification procedures and regulations under section 
     of this title, as well as the international cooperation and 
     assistance provisions of section 204;
       (2) initiate discussions as soon as possible for purpose of 
     developing bilateral or multilateral agreements with other 
     nations to conserve and manage highly migratory sharks, which 
     should include provisions prohibiting shark-finning and 
     minimizing adverse effects of commercial fishing operations 
     on species of highly migratory sharks;
       (3) provide to the Congress, by not later than 1 year after 
     the date of enactment of this Act, and every year thereafter, 
     a full report which--
       (A) includes a list of nations whose vessels conduct shark-
     finning or commercial fishing operations which may adversely 
     affect highly migratory shark species;
       (B) describes the efforts taken to carry out this title and 
     evaluates the progress of those efforts;
       (C) includes a determination as to whether the importation 
     into the United States of sharks and shark products 
     (including fins) is adversely affecting the effectiveness of 
     national and international measures for the conservation of 
     highly migratory sharks; and
       (D) includes recommendations for measures to ensure that 
     United States actions are consistent with national, 
     international, and regional obligations relating to highly 
     migratory shark populations, including those listed under the 
     Convention on the International Trade in Endangered Species.

     SEC. 204. IMPORT CERTIFICATION.

       (a) In General.--If the Secretary of Commerce, after 
     consultation with the Secretary of State, determines that the 
     importation of sharks or shark products into the United 
     States is adversely affecting the effectiveness of national 
     and international measures for the conservation of highly 
     migratory sharks, then the Secretary shall report that 
     determination to the Congress and establish a procedure, 
     consistent with the provisions of subchapter II of chapter 5 
     of title 5, United States Code, and including notice and an 
     opportunity for comment by the governments of nations listed 
     by the Secretary under paragraph (6) of section 203, for 
     determining whether those governments--
       (1) have adopted regulatory programs governing shark-
     finning and other harvesting practices adversely affecting 
     highly migratory sharks that are comparable, taking into 
     account different conditions, to those of the United States;
       (2) have established management plans governing release of 
     highly migratory species of sharks caught but not retained by 
     fishing vessels that ensure maximum probability of survival 
     after release; and
       (3) have established a management plan containing 
     requirements that will assist in gathering species-specific 
     data to support international and regional shark stock 
     assessments and conservation enforcement efforts.
       (b) Certification Procedure.--
       (1) In general.--The Secretary shall determine, on the 
     basis of the procedure under subsection (a), and certify to 
     the Congress not later than 90 days after promulgation of the 
     regulations under section 202, and annually thereafter 
     whether the government of each harvesting nation--
       (A) has provided documentary evidence of the adoption of a 
     regulatory program governing shark-finning and the 
     conservation of highly migratory sharks that is comparable, 
     taking into account different conditions, to that of the 
     United States;
       (B) has established a management plan governing release of 
     highly migratory species of sharks caught but not retained by 
     a fishing vessel that will ensure maximum probability of 
     survival of after release; and
       (C) has established a management plan containing 
     requirements that will assist in gathering species-specific 
     data to support international and regional shark stock 
     assessments and conservation enforcement efforts.
       (2) Alternative Procedure.--The Secretary shall establish a 
     procedure for certification, on a shipment-by-shipment, 
     shipper-by-shipper, or other basis of imports of highly 
     migratory sharks or products (including fins) from a vessel 
     of a harvesting nation not certified under paragraph (1) if 
     the Secretary determines that such imports were harvested by 
     practices that--
       (A) do not adversely affect highly migratory sharks;
       (B) include release of highly migratory species of sharks 
     caught but not retained by such vessel in a manner that 
     ensures maximum probability of survival after release;
       (C) include the gathering of species-specific data that can 
     be used to support international and regional shark stock 
     assessments and conservation efforts; or
       (D) are consistent with harvesting practices comparable, 
     taking into account the circumstances, to those of the United 
     States.
       (c) Uncertified Imports.--It is unlawful to import highly 
     migratory sharks or products (including fins) which have been 
     harvested by the practice of shark-finning or other 
     commercial fishing practices that may affect adversely such 
     populations of sharks more than 90 days after promulgation of 
     the regulations under section 202 if such sharks or products 
     were harvested by a vessel of a harvesting nation not 
     certified under subsection (b)(1) unless that vessel is 
     certified under subsection (b)(2).
       (d) Reinstatement of Uncertified Country Status.--If the 
     Secretary fails to make the annual certification required by 
     subsection (b)(1) with respect to a country previously 
     certified under that subsection, and except as provided in 
     subsection (b)(2), then subsection (c) shall apply to imports 
     of highly migratory sharks or products (including fins) 
     harvested by vessels of that nation beginning 90 days after 
     the date in any year on which the Secretary fails to make the 
     scheduled annual certification required by subsection (b).

     SEC. 205. SHARK-FINNING DEFINED.

       For the purposes of this title, the term ``shark-finning'' 
     means the taking of a shark, removing the fin or fins 
     (whether or not including the tail), and returning the 
     remainder of the shark to the sea.

     SEC. 206. INTERNATIONAL COOPERATION AND ASSISTANCE.

       To the greatest extent possible consistent with existing 
     authority and the availability of funds, the Secretary of 
     Commerce shall--
       (1) provide appropriate technological and other assistance 
     to nations listed under paragraph (6) of section 203 and 
     regional or international organizations of which those 
     nations are members to assist those nations in qualifying for 
     certification under section 204(b)(1);
       (2) undertake, where appropriate, cooperative research 
     activities on species statistics and improved harvesting 
     techniques, with those nations or organizations;
       (3) encourage and facilitate the transfer of appropriate 
     technology to those nations or organizations to assist those 
     nations in qualifying for certification under section 
     204(b)(1); and
       (4) provide assistance to those nations or organizations in 
     designing and implementing appropriate shark harvesting 
     plans.

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