[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3360 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 3360
To amend and enhance the High Seas Driftnet Fishing Moratorium
Protection Act to improve the conservation of sharks.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 19, 2021
Mr. Webster of Florida (for himself, Mr. Lieu, Mr. Posey, Mr. Van Drew,
Mr. Calvert, Mr. Gaetz, Mr. Young, Mr. Mast, Mr. Steube, and Mr. Crow)
introduced the following bill; which was referred to the Committee on
Natural Resources, and in addition to the Committee on Ways and Means,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To amend and enhance the High Seas Driftnet Fishing Moratorium
Protection 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 ``Sustainable Shark Fisheries and
Trade Act of 2021''.
SEC. 2. SHARK CONSERVATION AND TRADE FAIRNESS CERTIFICATION.
Section 610 of the High Seas Driftnet Fishing Moratorium Protection
Act (16 U.S.C. 1826k) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``and'' after the
semicolon at the end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) a nation if--
``(A) that nation or any individual or entity of
that nation has imported shark products into the United
States or seeks to import shark products into the
United States; and
``(B) the nation has not sought and obtained, by
not later than the effective date of subsection (g)(1),
a certification from the Secretary under that
subsection that the nation has in effect 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.'';
(2) in subsection (b), in paragraphs (2) and (3), by
striking ``subsection (a)'' each place it appears and inserting
``subsection (a)(1)'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``subsection
(a)'' and inserting ``subsection (a)(1)''; and
(B) by adding at the end the following:
``(6) Applicability to certain countries.--This subsection
does not apply to a nation identified under subsection
(a)(3).'';
(4) in subsection (d)--
(A) in paragraph (1), by inserting ``or (g)'' after
``under subsection (c)''; and
(B) in paragraph (3), by inserting ``or (g)'' after
``under subsection (c)''; and
(5) by adding at the end the following:
``(g) Shark Conservation and Trade Fairness Certification.--
``(1) Prohibition on importation.--
``(A) In general.--Except as provided in
subparagraph (B), shark products shall not be imported
into the United States unless the shark products are of
a species of shark that were landed in a nation to
which the Secretary has granted a certification or
partial certification for such species under paragraph
(2).
``(B) Exceptions.--Subparagraph (A) shall not apply
to shark products that are--
``(i) traded, owned, held, or otherwise
possessed by an employee or agent of a
governmental agency for law enforcement
purposes;
``(ii) used for noncommercial subsistence
purposes in accordance with Federal, State,
Tribal, or territorial law;
``(iii) used solely for display, education,
conservation, or research purposes, by an
accredited zoo, aquarium, museum, college, or
university; or
``(iv) used by any other person under a
State or Federal permit to conduct non-
commercial scientific research.
``(2) Certifications.--Pursuant to the regulations
promulgated under paragraphs (3) and (5), the Secretary--
``(A) shall grant a certification to any nation
that has adopted and effectively enforces regulatory
programs to provide for the conservation and management
of sharks, and measures to prohibit shark finning, that
are comparable to those of the United States; and
``(B) may grant a partial certification for one or
more specific species of shark to a nation if the
Secretary determines that such nation--
``(i) has adopted and effectively enforces
regulatory programs that are comparable to the
regulatory programs of the United States to
provide for the conservation and management of
such species imported into the United States or
used to produce the shark products imported
into the United States; and
``(ii) has in effect an effective ban on
shark finning, that is comparable to that of
the United States.
``(3) Expiration; renewal.--A certification or partial
certification issued under this subsection--
``(A) shall be effective for no more than three
years after the date of issuance; and
``(B) may be renewed in accordance with the
provisions of this subsection relating to the initial
issuance of the certification.
``(4) Certain determinations.--The Secretary shall make a
determination with respect to whether to renew under paragraph
(3) or revoke pursuant to paragraph (5)(A)(ii) a certification
or partial certification issued under this subsection, by not
later than 180 days after the submission of the application for
renewal or the petition for revocation, respectively.
``(5) Regulations.--
``(A) In general.--Not later than 2 years after the
date of the enactment of the Sustainable Shark
Fisheries and Trade Act of 2021, the Secretary shall
prescribe regulations under chapter 5 of title 5,
United States Code, governing the submission,
evaluation, revocation, and renewal of applications for
certifications and partial certifications under
paragraph (2).
``(B) Content of regulations.--Such regulations
shall--
``(i) prescribe the content and format of
applications and standards for information to
be provided in such applications; and
``(ii) establish a process for petitioning
the Secretary for revocation of the
certification or partial certification of any
nation, including standards for the information
required to be provided to demonstrate that the
nation no longer meets the criteria established
under this paragraph for the certification.
``(C) Criteria for certification or partial
certification.--The regulations promulgated under
subparagraph (A) shall establish criteria for
determining whether a nation has and effectively
enforces regulatory programs for the conservation and
management of sharks, and measures to prohibit shark
finning, that are comparable to those of the United
States, including, at a minimum, a requirement that
such programs--
``(i) be consistent with the national
standards for fishery conservation and
management set forth in section 301(a) of the
Magnuson-Stevens Conservation and Management
Act (16 U.S.C. 1851(a));
``(ii) provide for regularly updated
management plans, scientifically established
catch limits, and bycatch assessments and
minimization;
``(iii) include a program to prevent
overfishing and to rebuild overfished stocks;
``(iv) require reporting and data
collection;
``(v) be consistent with the International
Plan of Action for Conservation and Management
of Sharks of the United Nations Food and
Agriculture Organization; and
``(vi) include a mechanism to ensure that,
if the nation allows landings of sharks by
foreign vessels that are not subject to such
programs of such nation, only shark products
that comply with such programs are exported to
the United States.
``(6) Publication; public comment.--The Secretary shall--
``(A) publish in the Federal Register notice of
applications, petitions, and decisions with respect to
certifications, renewal of certifications, or
revocation of certifications under this subsection; and
``(B) provide an opportunity for public comment
with respect to such applications, petitions, and
decisions.
``(7) Final agency action.--A decision of the Secretary
with respect to the issuance, renewal, or revocation of a
certification or partial certification under this subsection,
and a failure to make a determination required under paragraph
(4), shall be considered a final agency action for the purposes
of chapter 7 of title 5, United States Code.
``(8) Effective date.--Paragraph (1) shall take effect on
the earlier of--
``(A) the date on which regulations are issued
under paragraph (5); or
``(B) the date that is 3 years after the date of
the date of the enactment of the Sustainable Shark
Fisheries and Trade Act of 2021.
``(9) Definitions.--In this subsection:
``(A) Shark.--The term `shark' means any species of
the subclass Elasmobranchii.
``(B) Shark product.--The term `shark product'
means a live shark; a whole shark; the meat, skin, oil,
fin (including a wing or tail), gill raker, cartilage,
jaw, tooth, or liver of a shark; or any product
containing meat, skin, oil, a fin (including a wing or
tail), gill raker, cartilage, jaw, tooth, or liver
derived from a shark.
``(C) Shark finning.--The term `shark finning'
means the removal of a shark's fins, including the
tail, and discarding the remaining carcass of the shark
at sea.''.
SEC. 3. ACTIONS TO STRENGTHEN INTERNATIONAL FISHERY MANAGEMENT
ORGANIZATIONS.
Section 608(a) of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826i(a)) is amended--
(1) in paragraph (1), by striking subparagraph (F), and
inserting the following:
``(F) to adopt shark conservation and management
measures and measures to prevent shark finning, which
are consistent with the International Plan of Action
for Conservation and Management of Sharks of the Food
and Agriculture Organization of the United Nations;'';
and
(2) by striking paragraph (3), and inserting the following:
``(3) seeking to enter into international agreement that
require measures for the conservation and management of sharks
and measures to prevent shark finning, which are consistent
with the International Plan of Action for Conservation and
Management of Sharks of the Food and Agriculture Organization
of the United Nations; and''.
SEC. 4. INCLUSION OF RAYS AND SKATES IN SEAFOOD TRACEABILITY PROGRAM.
Not later than one year after the date of the enactment of this
Act, the Secretary of Commerce shall revise section 300.324 of title
50, Code of Federal Regulations, to include rays and skates in the
species and species groups specified in subsection (a)(2) of that
section.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to preempt any Federal or
State law establishing additional or more stringent requirements than
the requirements of subsection (g) of section 610 of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k), as added
by section 3.
SEC. 6. FUNDING.
There are authorized to be appropriated to the Secretary of
Commerce to carry out this Act, and the amendments made by this Act--
(1) $325,000 for fiscal year 2022;
(2) $325,000 for fiscal year 2023;
(3) $400,000 for each of fiscal years 2024, 2025, and 2026;
and
(4) $250,000 for fiscal year 2027.
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