111th CONGRESS1st Session 

H. R. 81

IN THE SENATE OF THE UNITED STATESMarch 3, 2009Received; read twice and referred to the Committee on Commerce, Science, and Transportation

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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. SHORT TITLE.

This Act may be cited as the `Shark Conservation Act of 2009′.

SEC. 2. AMENDMENT OF HIGH SEAS DRIFTNET FISHING MORATORIUM PROTECTION ACT.

Section 610(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(a)) is amended–

• (1) by striking so much as precedes paragraph (1) and inserting the following:

`(a) Identification- The Secretary shall identify, and list in the report under section 607–

• `(1) a nation if–‘;

• (2) in paragraph (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;

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

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

• (5) in subparagraph (C) (as so redesignated) by striking the period at the end and inserting `; and’; and

• (6) 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 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.’.

SEC. 3. AMENDMENT OF MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT.

Section 307(1) of Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857(1)) 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) and 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).’.

Passed the House of Representatives March 2, 2009.