[Congressional Record (Bound Edition), Volume 155 (2009), Part 1]
[Extensions of Remarks]
[Page 217]
[From the U.S. Government Publishing Office, www.gpo.gov]




           INTRODUCTION OF THE SHARK CONSERVATION ACT OF 2009

                                 ______
                                 

                       HON. MADELEINE Z. BORDALLO

                                of guam

                    in the house of representatives

                        Tuesday, January 6, 2009

  Ms. BORDALLO. Madam Speaker, today I have reintroduced 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. In the 110th Congress, the House of 
Representatives passed this legislation, H.R. 5741 or the ``Shark 
Conservation Act of 2008,'' by voice vote under suspension of the 
rules. The Senate, however, was unable to take action on the bill 
received by the House or on its companion bill, S. 3231, before it 
adjourned. I have, therefore, reintroduced this bill today given the 
ongoing necessity for improved shark conservation and its benefits for 
ocean ecosystems.
  Sharks are long-lived apex predators, which breed slowly, making it 
difficult for them 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, 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 2009 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 which are not naturally attached to 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. The bill further 
strengthens the enforcement of the existing ban on shark finning by 
calling for sharks to be landed with their fins naturally attached. 
This ``fins-attached'' landing strategy simplifies enforcement of the 
Shark Finning Prohibition Act. It is also consistent with the National 
Marine Fisheries Service, NMFS, final rule, which took effect on July 
24, 2008, and which implements the management measures described in the 
final Amendment 2 to the Atlantic Highly Migratory Species Fishery 
Management Plan and strengthens enforcement of existing law in U.S. 
Atlantic waters by requiring that sharks be landed with their fins 
attached.
  Finally, the Shark Conservation Act of 2009 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 bill is further consistent with the United States position in the 
United Nations relative to Resolution 62/177 that was adopted by the 
United Nations General Assembly on December 18, 2007, and which calls 
upon nation-states to take immediate and concerted action to improve 
the implementation of and compliance with national measures that 
regulate shark fisheries, including management efforts to require that 
all sharks be landed with each fin naturally attached.
  The Shark Conservation Act of 2009 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 again pass this timely and 
important bill in the House of Representatives. I also hope it will 
receive favorable action and consideration by the other body in the 
111th Congress.

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