[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1372 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 1372
To amend and enhance the High Seas Driftnet Fishing Moratorium
Protection Act to improve the conservation of sharks, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2021
Mr. Rubio (for himself, Mr. Cassidy, Mr. Scott of Florida, and Mr.
Braun) introduced the following bill; which was read twice and referred
to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To amend and enhance the High Seas Driftnet Fishing Moratorium
Protection Act to improve the conservation of sharks, and for other
purposes.
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)(2)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) that nation or any individual or entity from
that nation has imported shark products into the United
States or seeks to import shark products into the
United States; and''; and
(B) in subparagraph (B)--
(i) by striking ``adopted'' and inserting
``sought and obtained, not later than the
effective date specified in paragraph (8) of
subsection (g), a certification from the
Secretary under that subsection that the nation
has in effect''; and
(ii) by striking ``, taking into account
different conditions'';
(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 nations identified under subsection
(a)(2).'';
(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 may not be imported
into the United States unless the shark products were
landed in a nation to which the Secretary has issued a
certification or partial certification under paragraph
(2).
``(B) Exceptions.--The prohibition under
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
noncommercial scientific research.
``(2) Certifications.--Pursuant to the regulations
prescribed under paragraph (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 to a nation
if the Secretary determines that the 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
a specific species of shark imported into the
United States or used to produce 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 not more than 3 years
from 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 not later
than 180 days after the submission of the application for
renewal or the petition for revocation, as the case may be.
``(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, with respect to the submission,
evaluation, revocation, and renewal of applications for
certifications and partial certifications under
paragraph (2). Such regulations shall--
``(i) prescribe the content and format of
applications and standards for the 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 subsection for the certification.
``(B) Criteria for certification or partial
certification.--The regulations prescribed under
subparagraph (A) shall establish criteria for
determining whether a nation has 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, which shall include, at a minimum, a
requirement that such programs--
``(i) be consistent with the national
standards for fishery conservation and
management set forth at 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 of sharks and 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 Food and Agriculture
Organization of the United Nations; 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, 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,
or a failure to make a determination under paragraph (4) in the
time required by that paragraph, shall be considered a final
agency action for the purposes of chapter 7 of title 5, United
States Code.
``(8) Effective date.--The prohibition under paragraph (1)
shall take effect on the earlier of--
``(A) the date on which regulations are prescribed
under paragraph (5); or
``(B) the date that is 3 years after 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 live sharks, whole sharks, and the meat, skin,
oil, fins (including wings and tails), gill rakers,
cartilage, jaws, teeth, liver, or any product
containing meat, skin, oil, fins (including wings and
tails), gill rakers, cartilage, jaws, teeth, or liver
derived from sharks.
``(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 that 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 agreements that
require measures for the conservation and management of sharks
and measures to prevent shark finning that are consistent with
the International Plan of Action for Conservation and
Management of Sharks; 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 on the list
provided for under subsection (a)(2) of that section.
SEC. 5. RULES OF CONSTRUCTION.
(a) Additional or More Stringent Requirements.--Nothing in this
Act, or an amendment made by 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.
(b) Agency Responsibilities.--Nothing in this Act, or an amendment
made by this Act, shall be construed to infringe on the duties of any
agency other than the Department of Commerce, or to impose additional
duties, in enforcing the agency's responsibilities related to imports.
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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