[Congressional Record Volume 146, Number 140 (Monday, October 30, 2000)]
[House]
[Pages H11570-H11572]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     SHARK FINNING PROHIBITION ACT

  Mr. HANSEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5461) to amend the Magnuson-Stevens Fishery Conservation and 
Management Act to eliminate the wasteful and unsportsmanlike practice 
of shark finning.
  The Clerk read as follows:

                               H.R. 5461

       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 Finning Prohibition 
     Act''.

     SEC. 2. PURPOSE.

       The purpose of this title is to eliminate shark-finning by 
     addressing the problem comprehensively at both the national 
     and international levels.

     SEC. 3. PROHIBITION ON REMOVING SHARK FIN AND DISCARDING 
                   SHARK CARCASS AT SEA.

       Section 307(1) of the Magnuson-Stevens Fishery Conservation 
     and Management Act (16 U.S.C. 1857(1)) is amended--
       (1) by striking ``or'' after the semicolon in subparagraph 
     (N);
       (2) by striking ``section 302(j)(7)(A).'' in subparagraph 
     (O) and inserting ``section 302(j)(7)(A); or''; and
       (3) by adding at the end the following:
       ``(P)(i) to remove any of the fins of a shark (including 
     the tail) and discard the carcass of the shark at sea;
       ``(ii) to have custody, control, or possession of any such 
     fin aboard a fishing vessel without the corresponding 
     carcass; or
       ``(iii) to land any such fin without the corresponding 
     carcass.

     ``For purposes of subparagraph (P) there is a rebuttable 
     presumption that any shark fins landed from a fishing vessel 
     or found on board a fishing vessel were taken, held, or 
     landed in violation of subparagraph (P) if the total weight 
     of shark fins landed or found on board exceeds 5 percent of 
     the total weight of shark carcasses landed or found on 
     board.''.

     SEC. 4. REGULATIONS.

       No later than 180 days after the date of enactment of this 
     Act, the Secretary of Commerce shall promulgate regulations 
     implementing the provisions of section 3076(1)(P) of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1857(1)(P)), as added by section 403 of this title.

     SEC. 5. INTERNATIONAL NEGOTIATIONS.

       The Secretary of Commerce, acting through the Secretary of 
     State, shall--
       (1) initiate discussions as soon as possible for the 
     purpose of developing bilateral or multilateral agreements 
     with other nations for the prohibition on shark-finning;
       (2) initiate discussions as soon as possible with all 
     foreign governments which are engaged in, or which have 
     persons or companies engaged in shark-finning, for the 
     purposes of--
       (A) collecting information on the nature and extent of 
     shark-finning by such persons and the landing or 
     transshipment of shark fins through foreign ports; and
       (B) entering into bilateral and multilateral treaties with 
     such countries to protect such species;
       (3) seek agreements calling for an international ban on 
     shark-finning and other fishing practices adversely affecting 
     these species through the United Nations, the Food and 
     Agriculture Organization's Committee on Fisheries, and 
     appropriate regional fishery management bodies;
       (4) initiate the amendment of any existing international 
     treaty for the protection and conservation of species of 
     sharks to which the United States is a party in order to make 
     such treaty consistent with the purposes and policies of this 
     section;
       (5) urge other governments involved in fishing for or 
     importation of shark or shark products to fulfill their 
     obligations to collect biological data, such as stock 
     abundance and by-catch levels, as well as trade data, on 
     shark species as called for in the 1995 Resolution on 
     Cooperation with FAO with Regard to study on the Status of 
     Sharks and By-Catch of Shark Species; and
       (6) urge other governments to prepare and submit their 
     respective National Plan of Action for the Conservation and 
     Management of Sharks to the 2001 session of the FAO Committee 
     on Fisheries, as set forth in the International Plan of 
     Action for the Conservation and Management of Sharks.

     SEC. 6. REPORT TO CONGRESS.

       The Secretary of Commerce, in consultation with the 
     Secretary of State, shall provide to Congress, by not later 
     than 1 year after the date of enactment of this Act, and 
     every year thereafter, a report which--
       (1) includes a list that identifies nations whose vessels 
     conduct shark-finning and details the extent of the 
     international trade in shark fins, including estimates of 
     value and information on harvesting of shark fins, and 
     landings or transshipment of shark fins through foreign 
     ports;
       (2) describes the efforts taken to carry out this title, 
     and evaluates the progress of those efforts;
       (3) sets forth a plan of action to adopt international 
     measures for the conservation of sharks; and
       (4) includes recommendations for measures to ensure that 
     United States actions are consistent with national, 
     international, and regional obligations relating to shark 
     populations, including those listed under the Convention on 
     International Trade in Endangered Species of Wild Flora and 
     Fauna.

     SEC. 7. RESEARCH.

       The Secretary of Commerce, subject to the availability of 
     appropriations authorized by section 410, shall establish a 
     research program for Pacific and Atlantic sharks to engage in 
     the following data collection and research:
       (1) The collection of data to support stock assessments of 
     shark populations subject to incidental or directed 
     harvesting by commercial vessels, giving priority to species 
     according to vulnerability of the species to fishing gear and 
     fishing mortality, and its population status.
       (2) Research to identify fishing gear and practices that 
     prevent or minimize incidental catch of sharks in commercial 
     and recreational fishing.
       (3) Research on fishing methods that will ensure maximum 
     likelihood of survival of captured sharks after release.
       (4) Research on methods for releasing sharks from fishing 
     gear that minimize risk of injury to fishing vessel operators 
     and crews.
       (5) Research on methods to maximize the utilization of, and 
     funding to develop the market for, sharks not taken in 
     violation of a fishing management plan approved under section 
     303 or of section 307(1)(P) of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1853, 1857(1)(P)).
       (6) Research on the nature and extent of the harvest of 
     sharks and shark fins by foreign fleets and the international 
     trade in shark fins and other shark products.

     SEC. 8. WESTERN PACIFIC LONGLINE FISHERIES COOPERATIVE 
                   RESEARCH PROGRAM.

       The National Marine Fisheries Service, in consultation with 
     the Western Pacific Fisheries Management Council, shall 
     initiate a cooperative research program with the commercial 
     longlining industry to carry out activities consistent with 
     this title, including research described in section 407 of 
     this title. The service may initiate such shark cooperative 
     research programs upon the request of any other fishery 
     management council.

     SEC. 9. SHARK-FINNING DEFINED.

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

     SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary of 
     Commerce for fiscal years 2001 through 2005 such sums as are 
     necessary to carry out this title.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Utah (Mr. Hansen) and the gentleman from California (Mr. George Miller) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Utah (Mr. Hansen).
  Mr. HANSEN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 5461, the Shark Finning Prohibition Act, introduced 
by the gentleman from California (Mr. Cunningham) is legislation that 
amends the Magnuson-Stevens Fishery Conservation and Management Act to 
prohibit the removal of shark fins, including the tail, and then to 
discard the carcass into the sea. It also prohibits the custody, 
control or possession of any such fin aboard a fishing

[[Page H11571]]

vessel without the corresponding carcass and prohibits the landing of 
such fins without the corresponding carcass.
  In addition, the bill directs the Secretary of Commerce, through the 
Secretary of State, to initiate discussions with foreign governments 
that have fisheries engaged in shark finning and to seek agreements 
banning the activity.
  Finally, H.R. 5461 authorizes research for Pacific and Atlantic 
sharks and requires the Secretary to report back to Congress 1 year 
after the date of enactment. The House passed a similar bill on June 6, 
2000, and a nonbinding resolution on this issue. We must end this 
gruesome practice of shark finning, and I hope the other body will 
quickly approve this compromise version. I urge an aye voted on this 
legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GEORGE MILLER of California. Mr. Speaker, I yield myself such 
time as I may consume.
  (Mr. GEORGE MILLER of California asked and was given permission to 
revise and extend his remarks.)
  Mr. GEORGE MILLER of California. Mr. Speaker, I rise in support of 
H.R. 5461, the Shark Finning Prohibition Act. Shark finning, as the 
gentleman from Utah (Mr. Hansen) has pointed out, is currently one of 
the most visible and controversial conservation issues in the waters of 
the Pacific Ocean. While the practice of finning has already been 
banned in Federal waters of the Atlantic, Gulf of Mexico, and the 
Caribbean, as well as waters in 11 coastal States, it remains 
unregulated in the Pacific and this legislation is designed to address 
that problem.
  Again, I support this legislation; but I want to continue to express 
my concerns about the manner in which these bills are now being 
presented, given what has happened to the parks package.
  Mr. Speaker, I rise in support of H.R. 5461, the Shark Finning 
Prohibition Act.
  Shark finning is currently one of the most visible and controversial 
conservation issues in the waters of the Pacific Ocean. While the 
practice of finning has already been banned in the Federal waters of 
the Atlantic, Gulf of Mexico, and the Carribean, as well as the waters 
of 11 coastal states, it remains unregulated in the Pacific.
  As a result, and because of the strong demand and high prices for 
shark fins in Asia, the harvest of shark fins in the Pacific has 
increased over the past seven years by more than 2000 percent. More 
than 60,000 sharks were caught and killed in 1998 alone, and 98 percent 
of those sharks were harvested only for their fins--or less than 5 
percent of their body weight--while the remaining 95 percent of the 
shark was tossed overboard. Not only is this practice wasteful, many 
critics consider it to be morally and culturally wrong.
  In addition, shark finning is inconsistent with U.S. policy both 
domestically and internationally. In the United States, it is contrary 
to the Magnuson Act which requires fishermen to reduce bycatch and the 
mortality of bycatch that cannot be avoided. Given that 85 percent of 
the sharks caught are alive when they reach the boats, prohibiting the 
finning of these sharks will reduce bycatch by significant amounts.
  Abroad, the United States has participated in and promoted shark 
conservation through the United Nation's fisheries committee where 
specific guidelines on shark conservation have been adopted. Those 
guidelines include a provision that countries should adopt methods to 
prohibit finning and encourage the full use of dead sharks. For the 
United States to promote these measures internationally while 
continuing to allow shark finning in its own waters would be 
hypocritical and could undermine our efforts to achieve international 
conservation.
  The Shark Finning Prohibition Act will not prevent United States 
fishermen from harvesting sharks, bringing them to shore, and then 
using the fins or any other part of the shark. Instead, it would simply 
prevent the cutting off of the fins and the disposal of the carcass at 
sea, or the transport or landing of fins harvested in this manner by 
another fishing vessel.
  It also encourages the Administration to enter into discussions with 
other nations where shark finning still occurs to try and bring this 
practice to an end not just in the United States, but around the world. 
The bill is identical to language that passed the other body earlier 
this month, and I urge Members to support it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HANSEN. Mr. Speaker, I yield such time as he may consume to the 
gentleman from California (Mr. Cunningham), the author of this 
legislation.
  (Mr. CUNNINGHAM asked and was given permission to revise and extend 
his remarks.)
  Mr. CUNNINGHAM. Mr. Speaker, I will not take very much time. I would 
like to thank the ranking minority member, the gentleman from 
California (Mr. George Miller). I read in a magazine, an outdoorsman 
magazine, about the practice of fishermen catching sharks, cutting off 
their fins just for sale, primarily in the Orient, because of their 
aphrodisiac effects and other issues with the fin. They were taking the 
shark, after they cut the fins off, and dumping it back into the water 
and letting it drown.
  I am a hunter. I am a fisherman and a sportsman, and to me I think 
that this was unspeakable. We have gotten support from the gentleman 
from New Jersey (Mr. Saxton), the gentleman from Alaska (Mr. Young), 
the ranking member, the gentleman from California (Mr. George Miller), 
and his leadership, against this practice.
  I would also like to thank the gentleman from Hawaii (Mr. 
Abercrombie) and the gentlewoman from Hawaii (Mrs. Mink) and the 
gentleman from the other body from Hawaii, who wrote the compromising 
language to this to include it in international practices as well.
  I rise in strong support of this compromise language.
  Mr. Speaker, I rise today to bring before the House my legislation to 
ban the practice of shark finning. For those unfamiliar with shark 
finning, it is the distasteful practice of removing a shark's fins and 
discarding the carcass into the sea. As an avid sportsman, and as a 
previous co-chairman of the Congressional Sportsmen's Caucus, I find 
this practice horrific and wasteful.
  Mr. Speaker, this is the fourth time this Congress the House has 
acted on this issue. Moreover, I want to especially thank Chairman 
Saxton, Chairman Young, and Ranking Member George Miller for their 
strong commitment to this legislation and their leadership against this 
terrible practice of shark finning.
  Sharks are among the most biologically vulnerable species in the 
ocean. Their slow growth, late maturity, and small number of offspring 
leave them exceptionally vulnerable to overfishing, and they are slow 
to recover from practices that contribute to their depletion. At the 
same time, sharks, as top predators, are essential to maintaining the 
balance of life in the sea.
  My colleagues are well aware of my campaign to stop the wasteful and 
unsportsmanlike practice of shark finning. This will be the fourth time 
that the House has acted on this issue, and the third version of my 
legislation. The bill before us today represents a compromise between 
the House and the Senate. It is important that we pass this legislation 
today and protect America's fisheries.
  The Shark Finning Prohibition Act bans the wasteful practice of 
removing a shark's fins and discards the remainder of the shark into 
the ocean. Currently, this practice continues only in the U.S. waters 
of the Western Pacific. My legislation before us today will ban this 
terrible practice.
  We must also address the massive problem caused by the international 
trade in shark fins. Land year, the House passed my measure, House 
Concurrent Resolution 189, which called upon the Secretary of State to 
continue the U.S. leadership role in banning shark finning worldwide. 
The bill before us today directs the Secretary of State and Secretary 
of Commerce to work and stop the global shark fin trade. This will 
require the active engagement of more than 100 countries, and reduction 
in the demand for shark fins and other shark products. As my previous 
resolution stressed, international measures are a critical component of 
achieving effective shark conservation.
  Finally, the bill authorizes a Western Pacific longline fisheries 
cooperative research program to provide information for shark stock 
assessments. This includes identifying fishing gear and practices that 
prevent or minimize incidental catch of sharks and ensure maximum 
survivorship of released sharks, and providing data on the 
international shark fin trade. This important provision was included at 
the request of the Senate to complement our shark conservation efforts.
  Mr. Speaker, the United States has always been a leader in fisheries 
conservation and management. This legislation provides us the 
opportunity to stand on the world stage and demand that other countries 
take action to stop this wasteful and unsportsmanlike practice.
  The Shark Finning Prohibition Act has broad bipartisan support. It is 
strongly supported by the Ocean Wildlife Campaign, a coalition that 
includes the Center for Marine Conservation, National Audubon Society, 
National Coalition

[[Page H11572]]

for Marine Conservation, Natural Resources Defense Council, Wildlife 
Conservation Society, and the World Wildlife Fund.
  In addition, it is supported by the State of Hawaii Office of 
Hawaiian Affairs, the American Sportfishing Association, the 
Recreational Fishing Alliance, the Sportfishing Association of 
California, the Cousteau Society, and the Western Pacific Fisheries 
Coalition.
  Today, we can act to halt the rampant waste resulting from shark 
finning and solidify our national opposition to this terrible practice. 
Vote yes on H.R. 5461; vote yes to prohibit shark finning.
  Mr. HANSEN. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Alaska (Mr. Young), the chairman of the Committee on 
Resources.
  (Mr. YOUNG of Alaska asked and was given permission to revise and 
extend his remarks.)
  Mr. YOUNG of Alaska. Mr. Speaker, I do rise in strong support of this 
legislation. I am a little bit chagrined my good friend, the gentleman 
from California (Mr. Cunningham), recognized the gentleman from 
California (Mr. George Miller) and thanked him for his support but 
forgot the chairman, except later on. There is a priority here, and I 
always worry about that.
  Other than that, this is a good piece of legislation. The gentleman 
is absolutely correct. The idea that a fish, or a shark, could be 
caught, and they have enough bad times the way it is, but to take just 
the fins, et cetera, and return them to sea to die a very hideous death 
is beyond my comprehension.
  Whatever can happen, sometimes these types of pieces of legislation 
can have good intentions and they are not implemented by the State 
Department, because we have to recognize we have a lot of rules about 
how one sees interception now with our salmon in Alaska, and yet we 
have documentation where the Coast Guard has identified the death 
curtains at high seas and the Coast Guard tries to implement and 
enforce our international agreement and the State Department tries to 
pull them off and say we do not want an international incident.
  I will say again, I voted against trading with China and I will say 
again the Chinese Government is the guiltiest one of all of catching 
these fish at high seas with these huge, long nets. Until the State 
Department sees fit to enforce those type of laws, these sound good and 
feel good on the floor of the House; but we have to have someone with a 
little backbone and an administration that will say, all right, this is 
the law, this is an agreement we reached and enforce those laws so that 
we can stop the heinous-type action with shark finning, and of course, 
with catching the fish at high seas.
  Mr. Speaker, I urge support of the legislation.
  Mr. GEORGE MILLER of California. Mr. Speaker, I yield back the 
balance of my time.
  Mr. HANSEN. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Utah (Mr. Hansen) that the House suspend the rules and 
pass the bill, H.R. 5461.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________