    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-348
    111th Congress

    An Act

    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. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled,

    SECTION 1. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

    Sec. 1. Table of contents.

    TITLE I--SHARK CONSERVATION ACT OF 2010

    Sec. 101. Short title.
    Sec. 102. Amendment of the High Seas Driftnet Fishing Moratorium
    Protection Act.
    Sec. 103. Amendment of Magnuson-Stevens Fishery Conservation and
    Management Act.
    Sec. 104. Offset of implementation cost.

    TITLE II--INTERNATIONAL FISHERIES AGREEMENT

    Sec. 201. Short title.
    Sec. 202. International Fishery Agreement.
    Sec. 203. Application with other laws.
    Sec. 204. Effective date.

    TITLE III--MISCELLANEOUS

    Sec. 301. Technical corrections to the Western and Central Pacific
    Fisheries Convention Implementation Act.
    Sec. 302. Pacific Whiting Act of 2006.
    Sec. 303. Replacement vessel.

    TITLE I-- <> SHARK CONSERVATION
    ACT OF 2010

    SEC. 101. <>  SHORT TITLE.

    This title may be cited as the ``Shark Conservation Act of 2010''.

    SEC. 102. AMENDMENT OF HIGH SEAS DRIFTNET FISHING MORATORIUM PROTECTION
    ACT.

    (a) Actions to Strengthen International Fishery Management
    Organizations.--Section 608 of the High Seas Driftnet Fishing Moratorium
    Protection Act (16 U.S.C. 1826i) is amended--
    (1) in paragraph (1)--
    (A) in subparagraph (D), by striking ``and'' at the
    end;
    (B) in subparagraph (E), by inserting ``and'' after
    the semicolon; and

    [[Page 3669]]

    (C) by adding at the end the following:
    ``(F) to adopt shark conservation measures,
    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;'';
    (2) in paragraph (2), by striking ``and'' at the end;
    (3) by redesignating paragraph (3) as paragraph (4); and
    (4) by inserting after paragraph (2) the following:
    ``(3) seeking to enter into international agreements that
    require measures 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 are comparable to those of the United States, taking
    into account different conditions; and''.

    (b) Illegal, Unreported, or Unregulated Fishing.--Subparagraph (A)
    of section 609(e)(3) of the High Seas Driftnet Fishing Moratorium
    Protection Act (16 U.S.C. 1826j(e)(3)) is amended--
    (1) by striking the ``and'' before ``bycatch reduction
    requirements''; and
    (2) by striking the semicolon at the end and inserting ``,
    and shark conservation measures;''.

    (c) Equivalent Conservation Measures.--
    (1) Identification.--Subsection (a) of section 610 of the
    High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
    1826k) is amended--
    (A) in the matter preceding paragraph (1), by
    striking ``607, a nation if--'' and inserting ``607--'';
    (B) in paragraph (1)--
    (i) by redesignating subparagraphs (A) and (B)
    as clauses (i) and (ii), respectively; and
    (ii) by moving clauses (i) and (ii) (as so
    redesignated) 2 ems to the right;
    (C) by redesignating paragraphs (1) through (3) as
    subparagraphs (A) through (C), respectively;
    (D) by moving subparagraphs (A) through (C) (as so
    redesignated) 2 ems to the right;
    (E) by inserting before subparagraph (A) (as so
    redesignated) the following:
    ``(1) a nation if--'';
    (F) in subparagraph (C) (as so redesignated) by
    striking the period at the end and inserting ``; and'';
    and
    (G) 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 in waters beyond any
    national jurisdiction 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.''.
    (2) Initial identifications.-- <> The Secretary of Commerce shall begin making
    identifications under paragraph (2) of section 610(a) of the
    High Seas Driftnet Fishing Moratorium

    [[Page 3670]]

    Protection Act (16 U.S.C. 1826k(a)), as added by paragraph
    (1)(G), not later than 1 year after the date of the enactment of
    this Act.

    SEC. 103. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVATION AND
    MANAGEMENT ACT.

    (a) In General.--Paragraph (1) of section 307 of Magnuson-Stevens
    Fishery Conservation and Management Act (16 U.S.C. 1857) 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) or 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). <> In such subparagraph, the term
    `naturally attached', with respect to a shark fin, means
    attached to the corresponding shark carcass through some portion
    of uncut skin.''.

    (b) <>  Savings Clause.--
    ``(1) In general.--The amendments made by subsection (a) do
    not apply to an individual engaged in commercial fishing for
    smooth dogfish (Mustelus canis) in that area of the waters of
    the United States located shoreward of a line drawn in such a
    manner that each point on it is 50 nautical miles from the
    baseline of a State from which the territorial sea is measured,
    if the individual holds a valid State commercial fishing
    license, unless the total weight of smooth dogfish fins landed
    or found on board a vessel to which this subsection applies
    exceeds 12 percent of the total weight of smooth dogfish
    carcasses landed or found on board.
    (2) Definitions.--In this subsection:
    (A) Commercial fishing.--The term ``commercial
    fishing'' has the meaning given that term in section 3
    of the Magnuson-Stevens Fishery Conservation and
    Management Act (16 U.S.C. 1802).
    (B) State.--The term ``State'' has the meaning given
    that term in section 803 of Public Law 103-206 (16
    U.S.C. 5102).

    [[Page 3671]]

    SEC. 104. OFFSET OF IMPLEMENTATION COST.

    Section 308(a) of the Interjurisdictional Fisheries Act of 1986 (16
    U.S.C. 4107(a)) is amended by striking ``2012.'' and inserting ``2010,
    and $2,500,000 for each of fiscal years 2011 and 2012.''.

    TITLE II-- <> INTERNATIONAL FISHERIES AGREEMENT

    SEC. 201. <> SHORT TITLE.

    This title may be cited as the ``International Fisheries Agreement
    Clarification Act''.

    SEC. 202. <> INTERNATIONAL FISHERY AGREEMENT.

    Consistent with the intent of provisions of the Magnuson-Stevens
    Fishery and Conservation and Management Act relating to international
    agreements, the Secretary of Commerce and the New England Fishery
    Management Council may, for the purpose of rebuilding those portions of
    fish stocks covered by the United States-Canada Transboundary Resource
    Sharing Understanding on the date of enactment of this Act--
    (1) take into account the Understanding and decisions made
    under that Understanding in the application of section
    304(e)(4)(A)(i) of the Act (16 U.S.C. 1854(e)(4)(A)(i));
    (2) consider decisions made under that Understanding as
    ``management measures under an international agreement'' that
    ``dictate otherwise'' for purposes of section 304(e)(4)(A)(ii)
    of the Act (16 U.S.C. 1854(e)(4)(A)(ii); and
    (3) establish catch levels for those portions of fish stocks
    within their respective geographic areas covered by the
    Understanding on the date of enactment of this Act that exceed
    the catch levels otherwise required under the Northeast
    Multispecies Fishery Management Plan if--
    (A) overfishing is ended immediately;
    (B) the fishing mortality level ensures rebuilding
    within a time period for rebuilding specified taking
    into account the Understanding pursuant to paragraphs
    (1) and (2) of this subsection; and
    (C) such catch levels are consistent with that
    Understanding.

    SEC. 203. <>  APPLICATION WITH OTHER LAWS.

    Nothing in this title shall be construed to amend the Magnuson-
    Stevens Fishery Conservation and Management Act (16 U.S.C. 1851 et seq.)
    or to limit or otherwise alter the authority of the Secretary of
    Commerce under that Act concerning other species.

    SEC. 204. <>  EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), section 202
    shall apply with respect to fishing years beginning after April 30,
    2010.
    (b) Special Rule. <> --Section 202(3)(B) shall
    only apply with respect to fishing years beginning after April 30, 2012.

    [[Page 3672]]

    TITLE III--MISCELLANEOUS

    SEC. 301. TECHNICAL CORRECTIONS TO THE WESTERN AND CENTRAL PACIFIC
    FISHERIES CONVENTION IMPLEMENTATION ACT.

    Section 503 of the Western and Central Pacific Fisheries Convention
    Implementation Act (16 U.S.C. 6902) is amended--
    (1) by striking ``Management Council and'' in subsection (a)
    and inserting ``Management Council, and one of whom shall be the
    chairman or a member of'';
    (2) by striking subsection (c)(1) and inserting the
    following:
    ``(1) Employment status.--Individuals serving as such
    Commissioners, other than officers or employees of the United
    States Government, shall not be considered Federal employees
    except for the purposes of injury compensation or tort claims
    liability as provided in chapter 81 of title 5, United States
    Code, and chapter 171 of title 28, United States Code.''; and
    (3) by striking subsection (d)(2)(B)(ii) and inserting the
    following:
    ``(ii) shall not be considered Federal
    employees except for the purposes of injury
    compensation or tort claims liability as provided
    in chapter 81 of title 5, United States Code, and
    chapter 171 of title 28, United States Code.''.

    SEC. 302. PACIFIC WHITING ACT OF 2006.

    (a) Scientific Experts.--Section 605(a)(1) of the Pacific Whiting
    Act of 2006 (16 U.S.C. 7004(a)(1)) is amended by striking ``at least 6
    but not more than 12'' inserting ``no more than 2''.
    (b) Employment Status.--Section 609(a) of the Pacific Whiting Act of
    2006 (16 U.S.C. 7008(a)) is amended to read as follows:
    ``(a) Employment Status.--Individuals appointed under section 603,
    604, 605, or 606 of this title, other than officers or employees of the
    United States Government, shall not be considered to be Federal
    employees while performing such service, except for purposes of injury
    compensation or tort claims liability as provided in chapter 81 of title
    5, United States Code, and chapter 171 of title 28, United States
    Code.''.

    SEC. 303. REPLACEMENT VESSEL.

    Notwithstanding any other provision of law, the Secretary of
    Commerce may promulgate regulations that allow for the replacement or
    rebuilding of a vessel qualified under subsections (a)(7) and (g)(1)(A)
    of section 219 of the Department of Commerce and

    [[Page 3673]]

    Related Agencies Appropriations Act, 2005 (Public Law 108-447; 188 Stat.
    886-891).

    Approved January 4, 2011.

    LEGISLATIVE HISTORY--H.R. 81 (S. 850):
    ---------------------------------------------------------------------------

    SENATE REPORTS: No. 111-124 (Commerce, Science and Transportation)
    accompanying S. 850.
    CONGRESSIONAL RECORD:
    Vol. 155 (2009):
    Mar. 2, considered and passed House.
    Vol. 156 (2010):
    Dec. 20, considered and passed
    Senate, amended.
    Dec. 21, House concurred in Senate
    amendment.