[Congressional Record Volume 154, Number 111 (Tuesday, July 8, 2008)]
[House]
[Pages H6180-H6182]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     SHARK CONSERVATION ACT OF 2008

  Ms. BORDALLO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5741) to amend the High Seas Driftnet Fishing Moratorium 
Protection Act and the Magnuson-Stevens Fishery Conservation and 
Management

[[Page H6181]]

Act to improve the conservation of sharks, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5741

       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 Conservation Act of 
     2008''.

     SEC. 2. AMENDMENT OF HIGH SEAS DRIFTNET FISHING MORATORIUM 
                   PROTECTION ACT.

       Section 610(a) of the High Seas Driftnet Fishing Moratorium 
     Protection Act (16 U.S.C. 1826k(a)) is amended--
       (1) by striking so much as precedes paragraph (1) and 
     inserting the following:
       ``(a) Identification.--The Secretary shall identify, and 
     list in the report under section 607--
       ``(1) a nation if--'';
       (2) in paragraph (1) by redesignating subparagraphs (A) and 
     (B) as clauses (i) and (ii), respectively;
       (3) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C), respectively;
       (4) by moving subparagraphs (A) through (C) (as so 
     redesignated) 2 ems to the right;
       (5) in subparagraph (C) (as so redesignated) by striking 
     the period at the end and inserting ``; and''; and
       (6) 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 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.''.

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

       Section 307(1) of Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1857(1)) 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) 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).''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Guam (Ms. Bordallo) and the gentleman from Virginia (Mr. Wittman) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from Guam.


                             General Leave

  Ms. BORDALLO. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Guam?
  There was no objection.

                              {time}  1415

  Ms. BORDALLO. Mr. Speaker, I rise in support of my bill, H.R. 5741, 
the Shark Conservation Act of 2008.
  Sharks are vital to the health of marine ecosystems, but the practice 
of shark finning is driving their decline worldwide. Eight years ago, 
Congress passed the Shark Finning Prohibition Act to protect these 
critical species. H.R. 5741 reconfirms the original intent of Congress 
to prevent both shark finning and the transshipment and landing of 
shark fins without carcasses. It also provides an important new 
enforcement mechanism requiring that sharks be landed with their fins 
naturally attached.
  Reducing shark finning is imperative to conserving sharks and the 
marine ecosystems of which they are a part. I am grateful that the bill 
has the strong support of my colleagues from the Western Pacific, 
namely Congressman Abercrombie from the State of Hawaii and Congressman 
Faleomavaega from American Samoa, as well as the ranking member of the 
Fisheries, Wildlife and Oceans Subcommittee, Mr. Brown from South 
Carolina.
  I would note that last week, the National Oceanic and Atmospheric 
Administration raised some concerns with the narrow aspect of the bill 
as it might relate to shark fishing on the west coast. We are waiting 
for additional information from the agency and will work with them as 
the bill proceeds to determine how this concern can be addressed 
without creating any unintended loopholes in the shark finning ban.
  Mr. Speaker, H.R. 5741 is a timely bill, and it's an important bill, 
and I ask my colleagues to support its passage.
  I reserve the balance of my time.
  Mr. WITTMAN of Virginia. Mr. Speaker, I rise in support of H.R. 5741, 
the Shark Conservation Act of 2008.
  The United States is a leader in international efforts to manage and 
conserve shark species, and the United States currently has a shark 
finning ban in place and guidelines under the Magnuson-Stevens Fishery 
Conservation and Management Act to rebuild overfished shark 
populations.
  I would like to take a moment to recognize the Virginia Institute of 
Marine Science in my district for their leading shark research. As a 
member of the National Shark Research Consortium, researchers at 
Virginia Institute of Marine Science have been monitoring shark 
populations in the mid-Atlantic since 1973. This long-term data set 
represents the longest running shark monitoring program in the world. 
This important research has contributed to the body of knowledge about 
sharks while providing important data for policymakers to better manage 
and conserve shark species.
  H.R. 5741 is necessary because of a mistake in a court ruling opening 
a loophole in the Shark Finning Prohibition Act of 2000. The ruling 
allowed fishermen to transfer shark fins at sea to transshipment 
vessels. This is clearly a violation of that Act, and this bill closes 
that loophole.
  While supporting the bill, some Members do remain concerned that this 
broad legislation may be viewed as short-circuiting the ability of 
interested parties to comment on the proposal through the normal 
Regional Fishery Management Council rulemaking process. In addition, 
this bill may have unintended consequences for at least one State's 
shark fishery landing law.
  While I urge a ``yes'' vote on H.R. 5741, these concerns require 
continued attention as this legislation moves forward in the Senate.
  Ms. BORDALLO. Mr. Speaker, first I want to thank the gentleman from 
Virginia for his support of this particular piece of legislation.
  I have no additional requests for time and would reserve the balance 
of my time.
  Mr. WITTMAN of Virginia. Mr. Speaker, I yield as much time as he may 
consume to the gentleman from the State of Georgia (Mr. Westmoreland).
  Mr. WESTMORELAND. Thank you.
  And while I stand to ask the Members to also support this legislation 
that the gentlelady from Guam has introduced, I think it's interesting, 
though, that we're here today talking about the carcasses of sharks, 
Mr. Speaker. We debated the other day on the floor monkey bites, and we 
have had some quite interesting conversations on the floor about 
legislation that's important and important to the American people.
  But I find that the one subject that we're not talking about on the 
floor of the House, or at least not being able to debate on the floor 
of the House and have had any legislation come forward on the floor of 
the House that we could really debate and get into a debate and talk 
about statistics and reality is the fact of drilling and becoming more 
energy independent. That is something, I think, that is concerning most 
houses and most families right now.
  And the fact that, Mr. Speaker, the price of a gallon of gas is 
$4.11, $4.11, that's a sticker shock that we can't seem to get our head 
around and get

[[Page H6182]]

our hands on is that a gallon of gas today is costing $4.11. And the 
reason it's costing $4.11 is because we are still completely dependent 
on foreign oil.
  Now, while I know that there are a lot of people at home sitting 
around considering what their chances of getting bitten by a monkey 
might be or their care and real concern about a shark carcass, I think 
they're more concerned about a gallon of gas, the price of that.
  So Mr. Speaker, I would encourage you to encourage the rest of the 
members of the majority party, those that are in control, to have a 
good discussion, a good debate on a piece of legislation that would 
allow drilling on our Outer Continental Shelf in the areas of the West 
that have shale oil, off the coast of Alaska, and ANWR where we know 
that there are billions of gallons of gas. And not only that, but we're 
fixing to be in a natural gas crisis.
  Natural gas is about twice what it was, I believe, last year, and if 
that's the case, people are not going be able to heat their homes. And 
so while we think that driving is expensive now with gas at $4.11 a 
gallon, imagine having home heating oil or natural gas to heat your 
house for your family and your bill is going to be twice as high as it 
was. Well, Mr. Speaker, you won't even be able to drive to a warm 
place.
  And so these are some concerns that we need to be talking about now. 
Not only are we into the immediate crisis of high prices of gas, but 
we're in the crisis to come of our home heating oil and natural gas.
  So I hope that while we take these things serious about the carcasses 
of these sharks, chances of getting bit by a monkey, that we would 
consider our dependence on foreign oil and what we can do to become 
self-dependent. It's all of the above. It's going to take some 
conservation, but we cannot conserve our way out of this. It's going to 
take looking at new technologies for wind and for solar. But we cannot 
build enough solar panels nor enough windmills to supply this country 
with its energy needs.
  We don't need to be doing away with our coal-fired plants because 85 
percent of the power of this country, Mr. Speaker, comes from those 
coal-fired plants. We need to be looking at new exploration, new ways 
to increase the oil production of this country so that we might be more 
energy independent and not so dependent on the people around this world 
who are mainly and most of the time not our friends, Mr. Speaker.
  So I hope you will take that message back--and I know you will--to 
the majority and hopefully we can bring forth some legislation that we 
can discuss and see if we can't get gas prices down for the American 
people.
  Ms. BORDALLO. Mr. Speaker, I yield myself as much time as I may 
consume.
  Mr. Speaker, I would just simply say to the gentleman that it is not 
only the sharks in the sea who fear being de-finned, it is also the 
American people who are being fleeced at the pump by Big Oil. And 
further, Mr. Speaker, I would say to the gentleman that during this 
summer as many Americans flock to the beach, they have a greater chance 
of being bitten by Big Oil than by a shark.
  Also, Mr. Speaker, our colleague from American Samoa (Mr. 
Faleomavaega) is attending to official business in his district today 
and is therefore unable to be here on the floor for this debate. I 
note, however, for the record his involvement in drafting and advancing 
this legislation in committee.
  Mr. Speaker, I reserve the balance of my time.
  Mr. WITTMAN of Virginia. Mr. Speaker, I have no additional speakers 
and yield back the balance of my time.
  Mr. FALEOMAVAEGA. Mr. Speaker, I rise today in strong support of H.R. 
5741, recognizing the urgency for the U.S. to maintain its leadership 
role in conserving sharks and the marine ecosystems of which they are 
apart.
  First and foremost, I want to commend the chief sponsor and good 
friend, Ms. Bordallo of Guam, for her initiative in introducing this 
important legislation. I also want to commend Chairman Rahall and other 
members of the Committee on Natural Resources for their strong support 
of this bipartisan legislation.
  As a member of the Subcommittee on Fisheries, Wildlife, and Oceans, I 
want to personally commend my good friend, Chairwoman Bordallo, for her 
tireless work on the many issues affecting our oceans. This legislation 
in particular is an example of the efforts by the subcommittee and the 
Congress in promoting and preserving our natural resources.
  Mr. Speaker, the increased amount of shark finning in the recent 
decades has taken a devastating toll on our efforts in conserving 
sharks and the marine ecosystems in which they are apart. The removal 
of shark fins and dumping of the carcasses at sea is being fueled by 
the shark-fin trade, which in turn is being driven by the rapid 
economic growth in Asia. It is our responsibility to further the 
prohibition of shark finning in order to preserve the conservation of 
sharks and their corresponding ecosystems. We have already taken steps 
in alleviating this problem when Congress enacted the Shark Finning 
Prohibition of 2000, prohibiting U.S. fishermen from removing the fins 
of sharks and discarding the carcasses at sea, and from landing or 
transporting shark fins without the corresponding carcasses.
  In April, Chairwoman Bordallo introduced this legislation which 
includes specific measures that will strengthen the implementation and 
enforcement of the shark finning prohibition. The bill clarifies that 
all vessels, not just fishing vessels, are prohibited from having 
custody, control, or possession of shark fins without the corresponding 
carcass, thereby eliminating the unexpected loophole related to the 
transport of shark fins. This legislation removes the 5 percent ``fin 
to carcass'' ratio, by requiring that fishermen land all sharks with 
fins naturally attached which can later be easily removed after such 
inspection, making it easier for authorities to determine whether a 
given set of fins belonged to a particular dressed carcass.
  Finally, this bill amends the High Seas Driftnet Moratorium 
Protection Act to allow the Secretary of Commerce to identify and list 
nations that have not adopted a regulatory program for the conservation 
of sharks similar to the U.S.
  Mr. Speaker, it is necessary that we pass this legislation 
immediately given the damage that is constantly affecting our national 
marine ecosystems by the removal of sharks who have an integral part in 
sustaining life in these ecosystems.
  I urge my colleagues tom pass H.R. 5741. Again, I thank my colleagues 
for their support of this important bill.
  Ms. BORDALLO. Mr. Speaker, I again urge Members to support the bill, 
and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules 
and pass the bill, H.R. 5741, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________