[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 81 Enrolled Bill (ENR)]
H.R.81
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
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
(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 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).
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.
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 Related Agencies
Appropriations Act, 2005 (Public Law 108-447; 188 Stat. 886-891).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.