Text: H.R.81 — 111th Congress (2009-2010)All Bill Information (Except Text)

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Public Law No: 111-348 (01/04/2011)

 



[111th Congress Public Law 348]
[From the U.S. Government Printing Office]



[[Page 3667]]

                   SHARK AND FISHERY CONSERVATION ACT

[[Page 124 STAT. 3668]]

Public Law 111-348
111th Congress

                                 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. <<NOTE: Jan. 4, 2011 -  [H.R. 81]>> 

    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-- <<NOTE: Shark Conservation Act of 2010.>> SHARK CONSERVATION 
ACT OF 2010

SEC. 101. <<NOTE: 16 USC 1801 note.>>  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

[[Page 124 STAT. 3669]]

                    (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.-- <<NOTE: Deadline. 16 USC 
        1826k note.>> The Secretary of Commerce shall begin making 
        identifications under paragraph (2) of section 610(a) of the 
        High Seas Driftnet Fishing Moratorium

[[Page 124 STAT. 3670]]

        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). <<NOTE: Definition.>> 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) <<NOTE: 16 USC 1857 note.>>  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).

[[Page 124 STAT. 3671]]

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-- <<NOTE: International Fisheries Agreement Clarification 
Act.>> INTERNATIONAL FISHERIES AGREEMENT

SEC. 201. <<NOTE: 16 USC 1854 note.>> SHORT TITLE.

    This title may be cited as the ``International Fisheries Agreement 
Clarification Act''.

SEC. 202. <<NOTE: 16 USC 1854 note.>> 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. <<NOTE: 16 USC 1854 note.>>  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. <<NOTE: 16 USC 1854 note.>>  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. <<NOTE: Applicability.>> --Section 202(3)(B) shall 
only apply with respect to fishing years beginning after April 30, 2012.

[[Page 124 STAT. 3672]]

                        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

[[Page 124 STAT. 3673]]

Related Agencies Appropriations Act, 2005 (Public Law 108-447; 188 Stat. 
886-891).

    Approved January 4, 2011.

LEGISLATIVE HISTORY--H.R. 81 (S. 850):
---------------------------------------------------------------------------

SENATE REPORTS: No. 111-124 (Commerce, Science and Transportation) 
accompanying S. 850.
CONGRESSIONAL RECORD:
                                                        Vol. 155 (2009):
                                    Mar. 2, considered and passed House.
                                                        Vol. 156 (2010):
                                    Dec. 20, considered and passed 
                                        Senate, amended.
                                    Dec. 21, House concurred in Senate 
                                        amendment.

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