Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	659	n/a	n/a
Engrossed in House	614	3	29%
Referred in Senate	604	5	16%
Engrossed Amendment Senate	2,045	63 Show Changes Hide Changes	82%

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HR 81 RFS

111th CONGRESS

1st Session

H. EASCommentsClose CommentsPermalink

Resolved,That the bill from the House of Representatives (H.R. 81

IN THE SENATE OF THE UNITED STATES

March 3, 2009

Received; read twice and referred to the Committee on Commerce, Science, and Transportation

---

AN ACT

T) entitled ‘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,

’, do pass with the followingCommentsClose CommentsPermalink

SECTION 1. TABLE OF CONTENTS.

SEC. 101. SHORT TITLE.

This Acttitle may be cited as the ‘Shark Conservation Act of 200910’. CommentsClose CommentsPermalink

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

(a) Actions to Strengthen International Fishery Management Organizations- Section 610(a)08 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(a)) is amended--(1) by striking so much as precedesi) is amended-- CommentsClose CommentsPermalink





(1) in paragraph (1) and inserting the following:‘(a) Identification- The Secretary shall identify, and list in the report under-- CommentsClose CommentsPermalink





(A) in subparagraph (D), by striking ‘and’ at the end; CommentsClose CommentsPermalink





(B) in subparagraph (E), by inserting ‘and’ after the semicolon; and CommentsClose CommentsPermalink





(C) by adding at the end the following: CommentsClose CommentsPermalink





‘(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;’; CommentsClose CommentsPermalink





(2) in paragraph (2), by striking ‘and’ at the end; CommentsClose CommentsPermalink





(3) by redesignating paragraph (3) as paragraph (4); and CommentsClose CommentsPermalink





(4) by inserting after paragraph (2) the following: CommentsClose CommentsPermalink





‘(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’. CommentsClose CommentsPermalink





(b) Illegal, Unreported, or Unregulated Fishing- Subparagraph (A) of section 607--‘(1)9(e)(3) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(e)(3)) is amended-- CommentsClose CommentsPermalink





(1) by striking the ‘and’ before ‘bycatch reduction requirements’; and CommentsClose CommentsPermalink





(2) by striking the semicolon at the end and inserting ‘, and shark conservation measures;’. CommentsClose CommentsPermalink





(c) Equivalent Conservation Measures- CommentsClose CommentsPermalink





(1) IDENTIFICATION- Subsection (a) of section 610 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k) is amended-- CommentsClose CommentsPermalink





(A) in the matter preceding paragraph (1), by striking ‘607, a nation if--’;(2 and inserting ‘607--’; CommentsClose CommentsPermalink





(B) in paragraph (1)-- CommentsClose CommentsPermalink





(i) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;(3 and CommentsClose CommentsPermalink





(ii) by moving clauses (i) and (ii) (as so redesignated) 2 ems to the right; CommentsClose CommentsPermalink





(C) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively; CommentsClose CommentsPermalink





(4D) by moving subparagraphs (A) through (C) (as so redesignated) 2 ems to the right; CommentsClose CommentsPermalink





(5E) by inserting before subparagraph (A) (as so redesignated) the following: CommentsClose CommentsPermalink





‘(1) a nation if--’; CommentsClose CommentsPermalink





(F) in subparagraph (C) (as so redesignated) by striking the period at the end and inserting ‘; and’; and CommentsClose CommentsPermalink





(6G) by adding at the end the following: CommentsClose CommentsPermalink





‘(2) a nation if-- CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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.’. CommentsClose CommentsPermalink





(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 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. CommentsClose CommentsPermalink

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

Section 307(1)(a) In General- Paragraph (1) of section 307 of Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857(1)) is amended-- CommentsClose CommentsPermalink





(1) by amending subparagraph (P) to read as follows: CommentsClose CommentsPermalink





‘(P)(i) to remove any of the fins of a shark (including the tail) at sea; CommentsClose CommentsPermalink





‘(ii) to have custody, control, or possession of any such fin aboard a fishing vessel unless it is naturally attached to the corresponding carcass; CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





‘(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 CommentsClose CommentsPermalink





(2) by striking the matter following subparagraph (R) and inserting the following: CommentsClose CommentsPermalink





‘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) andor 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.’. CommentsClose CommentsPermalink





Passed the House of Representatives March 2, 2009.

Attest:

LORRAINE (b) Savings Clause- CommentsClose CommentsPermalink




‘(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. CommentsClose CommentsPermalink





(2) Definitions- In this subsection: CommentsClose CommentsPermalink





(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. MILLER,

Clerk.

1802 ). CommentsClose CommentsPermalink




(B) State- The term ‘State’ has the meaning given that term in section 803 ofPublic Law 103-206 (16 U.S.C. 5102). CommentsClose CommentsPermalink