[Congressional Record (Bound Edition), Volume 154 (2008), Part 4]
[Extensions of Remarks]
[Page 5626]
[From the U.S. Government Publishing Office, www.gpo.gov]




           INTRODUCTION OF THE SHARK CONSERVATION ACT OF 2008

                                 ______
                                 

                       HON. MADELEINE Z. BORDALLO

                                of guam

                    in the house of representatives

                        Wednesday, April 9, 2008

  Ms. BORDALLO. Madam Speaker, today I have introduced a bill to amend 
the High Seas Driftnet Fishing Moratorium Protection Act and the 
Magnuson-Stevens Fishery Conservation and Management Act to improve the 
conservation of sharks.
  Sharks are long-lived apex predators with comparatively small 
populations, making it difficult for them to breed rapidly enough to 
maintain populations under fishing pressure. Sharks have been 
increasingly exploited in recent decades, both as bycatch in the 
pelagic longline fisheries from the 1960s onward, and as targets in 
direct fisheries that expanded rapidly in the 1980s. The rising demand 
for shark fins over past decades has also led to increases in the 
particularly exploitive practice of shark finning, where fins of sharks 
are removed and the carcass is discarded at sea.
  According to scientists, scalloped hammerhead, white, and thresher 
shark populations are each estimated to have declined by over 75 
percent in the past 15 years due in large part to these fishing 
pressures. Removing these top predators drastically changes the food 
web structure, and marine diversity and ecosystem health. Addressing 
the practice of shark finning is an imperative step toward the 
conservation of sharks and marine ecosystems.
  Congress recognized shark finning as an inherently wasteful practice 
in enacting the Shark Finning Prohibition Act of 2000 (Public Law 106-
557). This Act prohibits U.S. fishermen from removing the fins of 
sharks and discarding the carcass at sea, and from landing or 
transporting shark fins without the corresponding carcass.
  The Shark Conservation Act of 2008, which I have introduced today, 
includes several measures to strengthen the implementation and 
enforcement of that prohibition and would ensure that the intent of 
Congress is achieved. First, the bill eliminates an unexpected 
enforcement loophole related to the transport of shark fins by 
prohibiting vessels from having custody, control, or possession of 
shark fins without the corresponding carcass. This is intended to 
ensure that U.S.-flagged vessels are not traveling to the high seas and 
purchasing fins from fishermen engaged in shark finning and bringing 
them into U.S. waters in an attempt to skirt the finning prohibition.
  Second, the Shark Conservation Act of 2008 addresses the difficulty 
apparent in enforcing the statute's percentage-based standard. Existing 
law contains a rebuttable presumption that any shark fins landed were 
taken, held, or landed in violation of the Shark Finning Prohibition 
Act if the total weight of shark fins landed or found on board exceeds 
five percent of the total weight of shark carcasses landed or found on 
board. This ``fin to carcass'' ratio was intended to provide a 
mechanism for enforcing the finning prohibition by ensuring that the 
amount of fins landed is proportional to the amount of carcasses 
landed. It has proven virtually impossible, however, to determine 
whether a given set of fins belong to a particular dressed carcass. As 
a result, there are reports of fishermen mixing fins and carcasses for 
maximum profit, continuing to discard less desirable, finned sharks at 
sea. Therefore, the Shark Conservation Act of 2008 strikes the 
rebuttable presumption to improve enforcement of the prohibition on 
finning that has existed in statute now for nearly eight years.
  Finally, the Shark Conservation Act of 2008 amends the High Seas 
Driftnet Fishing 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 comparable to the 
United States. This amendment promotes the conservation of sharks 
internationally and in a manner that is consistent with the 
expectations placed on U.S. fishermen.
  The Shark Conservation Act of 2008 reestablishes the intended 
protections for sharks under U.S. law. I look forward to working with 
my colleagues on both sides of the aisle to advance this timely and 
important bill.

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