[Congressional Record Volume 158, Number 120 (Monday, September 10, 2012)]
[House]
[Pages H5732-H5733]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   BILLFISH CONSERVATION ACT OF 2012

  Mr. HASTINGS of Washington. Mr. Speaker, I move to suspend the rules 
and pass the bill (H.R. 2706) to prohibit the sale of billfish, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 2706

       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 ``Billfish Conservation Act of 
     2012''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The United States carefully regulates its domestic 
     fisheries for billfish and participates in international 
     fishery management bodies in the Atlantic and Pacific.
       (2) Global billfish populations have declined 
     significantly, however, because of overfishing primarily 
     through retention of bycatch by non-United States commercial 
     fishing fleets.
       (3) Ending the importation of foreign-caught billfish for 
     sale in the United States aligns with U.S. management 
     measures of billfish and protects the significant economic 
     benefits to the U.S. economy of recreational fishing and 
     marine commerce and the traditional cultural fisheries.

     SEC. 3. STATEMENT OF CONSTITUTIONAL AUTHORITY.

       The Congress enacts this Act pursuant to clause 3 of 
     section 8 of article I of the Constitution.

     SEC. 4. PROHIBITION ON SALE OF BILLFISH.

       (a) Prohibition.--No person shall offer for sale, sell, or 
     have custody, control, or possession of for purposes of 
     offering for sale or selling billfish or products containing 
     billfish.
       (b) Penalty.--For purposes of section 308(a) of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1858(a)), a violation of this section shall be treated 
     as an act prohibited by section 307 of that Act (16 U.S.C. 
     1857).
       (c) Exemptions for Traditional Fisheries and Markets.--
       (1) Subsection (a) does not apply to billfish caught by US 
     fishing vessels and landed in the State of Hawaii or Pacific 
     Insular Areas as defined in section 3(35) of the Magnuson-
     Stevens Fishery Conservation and Management Act (16 U.S.C. 
     1802(35)).
       (2) Subsection (a) does not apply to billfish landed by 
     foreign fishing vessels in the Pacific Insular Areas when the 
     foreign caught billfish is exported to non-US markets or 
     retained within Hawaii and the Pacific Insular Areas for 
     local consumption.
       (d) Billfish Defined.--In this section the term 
     ``billfish''--
       (1) means any fish of the species--
       (A) Makaira nigricans (blue marlin);
       (B) Kajikia audax (striped marlin);
       (C) Istiompax indica (black marlin);
       (D) Istiophorus platypterus (sailfish);
       (E) Tetrapturus angustirostris (shortbill spearfish);
       (F) Kajikia albida (white marlin);
       (G) Tetrapturus georgii (roundscale spearfish);
       (H) Tetrapturus belone (Mediterranean spearfish); and
       (I) Tetrapturus pfluegeri (longbill spearfish); and
       (2) does not include the species Xiphias gladius 
     (swordfish).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Washington (Mr. Hastings) and the gentleman from New Jersey (Mr. Holt) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Washington.


                             General Leave

  Mr. HASTINGS of Washington. Mr. Speaker, I ask unanimous consent that 
all Members may have 5 legislative days 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 
gentleman from Washington?
  There was no objection.
  Mr. HASTINGS of Washington. I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 2706, the Billfish 
Conservation Act, authored by our colleague from Florida (Mr. Miller).
  Under current law, it is illegal to import or sell Atlantic billfish. 
Despite this, the U.S. is one of the major importers of billfish in the 
world. While Pacific billfish populations in general are in better 
shape than Atlantic billfish, threats to both oceans' billfish from 
foreign fishing fleets remain.
  As long as the U.S. allows a market for these fish, their population 
levels are likely to worsen. To add more protection for both the 
Atlantic and Pacific billfish, the legislation would make it illegal to 
sell specific billfish species or possess those billfish for sale, 
whether they are Atlantic or Pacific.
  Now, I note, Mr. Speaker, that concern had been raised at the June 
hearing that U.S. fishermen in Hawaii and the Pacific insular areas 
might be disadvantaged by these new rules and that the local 
consumption of billfish products might be made illegal. The bill was 
amended during committee consideration to address this concern; and the 
legislation, as amended, now protects these U.S. fishermen and the 
existing limited, traditional local consumption of billfish products 
while still providing additional and increased protection for billfish 
populations in the United States.
  This is good legislation. I support it. And I reserve the balance of 
my time.
  Mr. HOLT. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. HOLT asked and was given permission to revise and extend his 
remarks.)
  Mr. HOLT. Mr. Speaker, H.R. 2706, the Billfish Conservation Act, 
seeks to ban imports of foreign-caught marlin, sailfish, and spearfish 
into the United States. Now, these fish, as we know from prized 
photographs of our friends and many of our past experiences, are highly 
valued as recreational game-fish and serve as the top predators in 
ocean ecosystems--the so-called lions and tigers of the sea.
  While this bill is a small step forward and has the support of 
recreational fishing and commercial interests, we can and should do 
much more for the conservation of billfish. Specifically, developing 
and using more selective commercial fishing gear, cracking down on 
illegal, unregulated and unreported fishing, and passing legislation, 
such as the bill recently introduced by our colleague from 
Massachusetts (Mr. Markey), to combat seafood fraud would provide even 
more protections for these iconic species. However, I and most of my 
colleagues, I believe, support passage of H.R. 2706; and we hope that 
it is a precursor to further action on this important issue.
  I reserve the balance of my time.

                              {time}  1610

  Mr. HASTINGS of Washington. Mr. Speaker, I am very pleased to yield 3 
minutes to the gentleman from Florida (Mr. Miller), the author of this 
legislation.
  Mr. MILLER of Florida. Mr. Speaker, thank you for the recognition.
  I thank the gentleman from Washington, the chairman of the committee, 
for his recognition and his leadership on this effort, as well as Dr. 
John Fleming, the subcommittee chairman, and all the members of the 
House Natural Resources Committee for their support of this particular 
piece of legislation.
  I also have to thank members of the sportsmen's community, members of 
the Congressional Sportsmen's Caucus, and in particular, Congressmen 
Duncan from South Carolina and Wittman, Boren, Michaud, and Bonner, and 
my counterparts in the Congressional Sportsmen's Caucus leadership--
that would be Congressmen Ross, Latta,

[[Page H5733]]

and Shuler--for all their efforts to help advance this legislation in a 
bipartisan effort.
  Today, I join my colleagues in support of H.R. 2706, which is the 
Billfish Conservation Act of 2012.
  As the chairman has already said, the United States is the largest 
importer of billfish products in the world. Our populations continue to 
be affected by foreign commercial overfishing, and the importing of 
billfish only exacerbates the problem that exists today.
  Without passage of this bill and strengthening of the current ban of 
the Atlantic-caught billfish to include the sale and harvest of all 
billfish--excluding, as has been already said on the floor today, those 
fisheries in the State of Hawaii and Pacific insular area--the current 
ban will continue to be undermined through loopholes that have hurt our 
anglers and the economy.
  By eliminating the sale in the continental U.S., passage of this bill 
will support the billfish population growth, a healthy ocean ecosystem, 
and improve recreational fishing opportunities. As a result of the 
increased recreational fishing opportunities, this bill provides a huge 
economic boost to generate billions of dollars through direct 
expenditures and marine-related jobs and sales without placing a burden 
on the U.S. seafood market and its consumers.
  I want to urge all my colleagues to support this very important piece 
of legislation to help conserve a very depleted fish population, 
preserving our Nation's fishing heritage, and provide for economic 
growth during a time when our country needs it most.
  Mr. HOLT. May I ask the chairman if he has additional speakers?
  Mr. HASTINGS of Washington. I have no more requests for time. If the 
gentleman yields back, I'm prepared to yield back.
  Mr. HOLT. I yield back the balance of my time.
  Mr. HASTINGS of Washington. I yield back the balance of my time and 
urge adoption of the bill.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Washington (Mr. Hastings) that the House suspend the 
rules and pass the bill, H.R. 2706, 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.

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