[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5461 Introduced in House (IH)]
106th CONGRESS
2d Session
H. R. 5461
To amend the Magnuson-Stevens Fishery Conservation and Management Act
to eliminate the wasteful and unsportsmanlike practice of shark
finning.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 12, 2000
Mr. Cunningham introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To amend the Magnuson-Stevens Fishery Conservation and Management Act
to eliminate the wasteful and unsportsmanlike practice of shark
finning.
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 Finning Prohibition Act''.
SEC. 2. PURPOSE.
The purpose of this title is to eliminate shark-finning by
addressing the problem comprehensively at both the national and
international levels.
SEC. 3. PROHIBITION ON REMOVING SHARK FIN AND DISCARDING SHARK CARCASS
AT SEA.
Section 307(1) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1857(1)) is amended--
(1) by striking ``or'' after the semicolon in subparagraph
(N);
(2) by striking ``section 302(j)(7)(A).'' in subparagraph
(O) and inserting ``section 302(j)(7)(A); or''; and
(3) by adding at the end the following:
``(P)(i) to remove any of the fins of a shark
(including the tail) and discard the carcass of the
shark at sea;
``(ii) to have custody, control, or possession of
any such fin aboard a fishing vessel without the
corresponding carcass; or
``(iii) to land any such fin without the
corresponding carcass.
``For purposes of subparagraph (P) there is a rebuttable
presumption that any shark fins landed from a fishing vessel or
found on board a fishing vessel were taken, held, or landed in
violation of subparagraph (P) if the total weight of shark fins
landed or found on board exceeds 5 percent of the total weight
of shark carcasses landed or found on board.''.
SEC. 4. REGULATIONS.
No later than 180 days after the date of enactment of this Act, the
Secretary of Commerce shall promulgate regulations implementing the
provisions of section 3076(1)(P) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1857(1)(P)), as added by
section 403 of this title.
SEC. 5. INTERNATIONAL NEGOTIATIONS.
The Secretary of Commerce, acting through the Secretary of State,
shall--
(1) initiate discussions as soon as possible for the
purpose of developing bilateral or multilateral agreements with
other nations for the prohibition on shark-finning;
(2) initiate discussions as soon as possible with all
foreign governments which are engaged in, or which have persons
or companies engaged in shark-finning, for the purposes of--
(A) collecting information on the nature and extent
of shark-finning by such persons and the landing or
transshipment of shark fins through foreign ports; and
(B) entering into bilateral and multilateral
treaties with such countries to protect such species;
(3) seek agreements calling for an international ban on
shark-finning and other fishing practices adversely affecting
these species through the United Nations, the Food and
Agriculture Organization's Committee on Fisheries, and
appropriate regional fishery management bodies;
(4) initiate the amendment of any existing international
treaty for the protection and conservation of species of sharks
to which the United States is a party in order to make such
treaty consistent with the purposes and policies of this
section;
(5) urge other governments involved in fishing for or
importation of shark or shark products to fulfill their
obligations to collect biological data, such as stock abundance
and by-catch levels, as well as trade data, on shark species as
called for in the 1995 Resolution on Cooperation with FAO with
Regard to study on the Status of Sharks and By-Catch of Shark
Species; and
(6) urge other governments to prepare and submit their
respective National Plan of Action for the Conservation and
Management of Sharks to the 2001 session of the FAO Committee
on Fisheries, as set forth in the International Plan of Action
for the Conservation and Management of Sharks.
SEC. 6. REPORT TO CONGRESS.
The Secretary of Commerce, in consultation with the Secretary of
State, shall provide to Congress, by not later than 1 year after the
date of enactment of this Act, and every year thereafter, a report
which--
(1) includes a list that identifies nations whose vessels
conduct shark-finning and details the extent of the
international trade in shark fins, including estimates of value
and information on harvesting of shark fins, and landings or
transshipment of shark fins through foreign ports;
(2) describes the efforts taken to carry out this title,
and evaluates the progress of those efforts;
(3) sets forth a plan of action to adopt international
measures for the conservation of sharks; and
(4) includes recommendations for measures to ensure that
United States actions are consistent with national,
international, and regional obligations relating to shark
populations, including those listed under the Convention on
International Trade in Endangered Species of Wild Flora and
Fauna.
SEC. 7. RESEARCH.
The Secretary of Commerce, subject to the availability of
appropriations authorized by section 410, shall establish a research
program for Pacific and Atlantic sharks to engage in the following data
collection and research:
(1) The collection of data to support stock assessments of
shark populations subject to incidental or directed harvesting
by commercial vessels, giving priority to species according to
vulnerability of the species to fishing gear and fishing
mortality, and its population status.
(2) Research to identify fishing gear and practices that
prevent or minimize incidental catch of sharks in commercial
and recreational fishing.
(3) Research on fishing methods that will ensure maximum
likelihood of survival of captured sharks after release.
(4) Research on methods for releasing sharks from fishing
gear that minimize risk of injury to fishing vessel operators
and crews.
(5) Research on methods to maximize the utilization of, and
funding to develop the market for, sharks not taken in
violation of a fishing management plan approved under section
303 or of section 307(1)(P) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1853, 1857(1)(P)).
(6) Research on the nature and extent of the harvest of
sharks and shark fins by foreign fleets and the international
trade in shark fins and other shark products.
SEC. 8. WESTERN PACIFIC LONGLINE FISHERIES COOPERATIVE RESEARCH
PROGRAM.
The National Marine Fisheries Service, in consultation with the
Western Pacific Fisheries Management Council, shall initiate a
cooperative research program with the commercial longlining industry to
carry out activities consistent with this title, including research
described in section 407 of this title. The service may initiate such
shark cooperative research programs upon the request of any other
fishery management council.
SEC. 9. SHARK-FINNING DEFINED.
In this Act, the term ``shark-finning'' means the taking of a
shark, removing the fin or fins (whether or not including the tail) of
a shark, and returning the remainder of the shark to the sea.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce for fiscal years 2001 through 2005 such sums as are necessary
to carry out this title.
<all>