S. Rept. 115-442 - SUSTAINABLE SHARK FISHERIES AND TRADE ACT OF 2018115th Congress (2017-2018)
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Calendar No. 733
115th Congress } { Report
SENATE
2d Session } { 115-442
_______________________________________________________________________
SUSTAINABLE SHARK FISHERIES AND TRADE ACT OF 2018
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 2764
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 19, 2018.--Ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
89-010 WASHINGTON : 2018
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred fifteenth congress
second session
JOHN THUNE, South Dakota, Chairman
ROGER F. WICKER, Mississippi BILL NELSON, Florida
ROY BLUNT, Missouri MARIA CANTWELL, Washington
TED CRUZ, Texas AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska RICHARD BLUMENTHAL, Connecticut
JERRY MORAN, Kansas BRIAN SCHATZ, Hawaii
DAN SULLIVAN, Alaska EDWARD J. MARKEY, Massachusetts
DEAN HELLER, Nevada TOM UDALL, New Mexico
JAMES M. INHOFE, Oklahoma GARY C. PETERS, Michigan
MIKE LEE, Utah TAMMY BALDWIN, Wisconsin
RON JOHNSON, Wisconsin TAMMY DUCKWORTH, Illinois
SHELLEY MOORE CAPITO, West Virginia MARGARETWOODHASSAN,NewHampshire
CORY GARDNER, Colorado CATHERINE CORTEZ MASTO, Nevada
TODD C. YOUNG, Indiana JON TESTER, Montana
Nick Rossi, Staff Director
Crystal Tully, Deputy Staff Director
Jason Van Beek, General Counsel
Kim Lipsky, Democratic Staff Director
Christopher Day, Democratic Deputy Staff Director
Calendar No. 733
115th Congress } } Report
SENATE
2d Session } } 115-442
======================================================================
SUSTAINABLE SHARK FISHERIES AND TRADE ACT OF 2018
_______
December 19, 2018.--Ordered to be printed
_______
Mr. Thune, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 2764]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 2764) to amend and enhance the
High Seas Driftnet Fishing Moratorium Protection Act to improve
the conservation of sharks, and for other purposes, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
Purpose of the Bill
The purpose of S. 2764 is to establish a certification
process to ensure that foreign nations engaging in shark trade
through, or into, the United States conserve and manage sharks
in a comparable manner to the United States. It would require
the National Oceanic and Atmospheric Administration (NOAA) to
assess other nations' fishery management regimes, target bad
actors engaging in shark finning, and promote domestic,
sustainable fishing worldwide.
Background and Needs
Shark finning is the practice of removing and retaining a
shark's fin and discarding the carcass at sea. This practice
has led to a growing concern about the status of certain shark
species.\1\ Shark finning has been prohibited under Federal law
since 2000.\2\ The Shark Conservation Act of 2010 amended
section 608 of the High Seas Driftnet Fishing Protection Act\3\
to further prohibit the removal of any of the fins of a shark
(including the tail) and discarding the carcass of the shark at
sea.
The Act also amended section 307 of the Magnuson-Stevens
Fishery Conservation and Management Act (MSA)\4\ to prohibit
the removal of any shark fins, or having custody of a detached
fin, aboard a fishing vessel.\5\ Although the United States
bans the practice of shark finning aboard vessels in U.S.-
controlled waters, there is no Federal ban on the removal and
sale of shark fins once brought ashore. Once a shark fin is
detached from the body, it is almost impossible to determine
whether the shark was legally caught or the fin lawfully
removed. Determination of the species is also difficult, which
is problematic given that some sharks are threatened with
extinction.
In addition to the nationwide prohibition on shark finning,
12 States (California, Delaware, Hawaii, Illinois, Maryland,
Massachusetts, Nevada, New York, Oregon, Rhode Island, Texas,
and Washington) and 3 territories (American Samoa, Guam, and
the Northern Mariana Islands), have already implemented bans on
the sale, and in many cases the possession, of shark fins. A
proposed ban is currently pending in New Jersey.
The MSA guides management of Federal fisheries resources
through the use of Fishery Management Plans within eight
regional councils. Sustainably managed shark fisheries,
including the sale of legally harvested shark fins, provide
opportunities for both commercial and recreational
fishermen.\6\
In addition to the MSA, the High Seas Driftnet Fishing
Moratorium Protection Act\7\ provides further conservation
measures by strengthening international fisheries management
organizations to address illegal, unreported, and unregulated
fishing and bycatch of protected living marine resources,
including sharks. That Act requires the United States to
identify to Congress countries that do not have regulatory
measures comparable to the United States and limit importation
of certain protected species from those countries.\8\
Currently, the United States accounts for a relatively low
percentage of the global shark fin trade, exporting
approximately 1 percent of all shark fins traded globally.\9\
Although this is a small percentage, commercial access to
sustainable domestic shark fisheries for both the fins and the
meat of the shark for food is important for multiple fishing
communities across the country. If enacted, this bill could
potentially prohibit domestic companies from importing shark
products from foreign fisheries that do not meet the bill's
certification requirements, but this impact would be minimal.
While many other countries have enacted full or partial shark
finning bans, there are still hundreds of countries without
bans or without proper enforcement. Establishing an import
certification program for shark, ray, and skate products would
reduce the number of unsustainably harvested shark fins
entering U.S. markets.
---------------------------------------------------------------------------
\1\National Oceanic and Atmospheric Administration (NOAA), NOAA
Fisheries, 2016 Shark Finning Report to Congress (https://
repository.library.noaa.gov/view/noaa/17060) (accessed May 9, 2018).
\2\Shark Finning Prohibition Act (16 U.S.C. Sec. 1822 note).
\3\P.L. 111-348; 124 Stat. 3668.
\4\16 U.S.C. Sec. 1857.
\5\Id.
\6\NOAA, NOAA Fisheries, Shark Conservation (https://
www.fisheries.noaa.gov/national/international-affairs/shark-
conservation#noaa-fisheries-role-in-shark-conservation) (accessed May
9, 2018).
\7\P.L. 102-582.
\8\NOAA, NOAA Fisheries, Working to Combat IUU Fishing and Protect
Marine Resource Globally (https://www.fisheries.noaa.gov/resource/
outreach-and-education/working-combat-iuu-fishing-and-protect-marine-
resource-globally) (accessed May 14, 2018).
\9\D.S. Shiffman, R.E. Hueter, A United States shark fin ban would
undermine sustainable shark fisheries, Marine Policy, Volume 85, 2017
(https://www.sciencedirect.com/science/article/pii/
S0308597X17304384?via%3Dihub) (accessed May 14, 2018).
\10\16 U.S.C. Sec. 1826k.
\11\16 U.S.C. Sec. 1826i.
---------------------------------------------------------------------------
Summary of Provisions
If enacted, S. 2764, the Sustainable Shark Fisheries and
Trade Act of 2018 would do the following:
Amend the High Seas Driftnet Fishing Moratorium
Protection Act to prohibit the importation of shark
products into the United States unless certified by
the Secretary of Commerce.
Outline the process and criteria for certifying
any nation that has adopted and effectively
enforced 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.
Include rays and skates in the seafood
traceability program under the MSA.
Legislative History
S. 2764 was introduced on April 26, 2018, by Senator Rubio
(for himself and Senator Murkowski) and was referred to the
Committee on Commerce, Science, and Transportation of the
Senate. Senators Sullivan, Cassidy, and Van Hollen are
additional cosponsors. On May 22, 2018, the Committee met in
open Executive Session and by voice vote ordered S. 2764
reported favorably without amendment.
On March 30, 2017, a related bill, S. 793, the Shark Fin
Trade Elimination Act of 2017, was introduced by Senator Booker
(for himself and Senators Capito, Cantwell, McCain, Peters,
Inhofe, Whitehouse, Wicker, Blumenthal, Portman, and Schatz)
and was referred to the Committee on Commerce, Science, and
Transportation of the Senate. There are 29 additional
cosponsors of that bill. On May 18, 2017, the Committee met in
open Executive Session and by voice vote ordered S. 793 to be
reported favorably with an amendment (in the nature of a
substitute). Two related bills, H.R. 1456 and H.R. 2463, were
introduced in the House of Representatives on March 9, 2017,
and May 16, 2017.
On March 13, 2018, an additional related bill, H.R. 5248,
the Sustainable Shark Fisheries and Trade Act, was introduced
by Representative Webster (for himself and Representatives
Lieu, Posey, Jones, Clay, Soto, and Bilirakis) and referred to
the Committee on Natural Resources and the Committee on Ways
and Means of the House of Representatives. There are 23
additional cosponsors of that bill. The Subcommittee on Water,
Power and Oceans of the Committee on Natural Resources of the
House of Representatives held a legislative hearing on April
17, 2018, on Marine Conservation and Shark Fishery Regulations,
examining H.R. 5248 and H.R. 1456.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 2764--Sustainable Shark Fisheries and Trade Act of 2018
Summary: S. 2764 would amend the High Seas Driftnet Fishing
Moratorium Protection Act to require nations that export shark
products to the United States to obtain certification from the
Department of Commerce to show that they practice shark
conservation and prohibit shark finning. The bill also would
require the National Oceanic and Atmospheric Administration
(NOAA) to add rays and skates to its Seafood Import Monitoring
Program.
CBO estimates that implementing S. 2764 would cost $5
million over the 2019-2023 period, assuming appropriation of
the authorized amounts. Enacting the bill could affect direct
spending and revenues; therefore, pay-as-you-go procedures
apply. However, CBO estimates that any such changes would have
a negligible net effect on the deficit.
CBO estimates that enacting S. 2764 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
S. 2764 would impose private-sector mandates as defined in
the Unfunded Mandates Reform Act (UMRA). CBO estimates that the
cost would be below the threshold for private-sector mandates
established in UMRA ($160 million in 2018, adjusted annually
for inflation). The bill does not contain any intergovernmental
mandates as defined in UMRA.
Estimated cost to the Federal Government: The estimated
budgetary effect of S. 2764 is shown in the following table.
The costs of the legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------------------
2018 2019 2020 2021 2022 2023 2019-2023
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level...................... 0 1 1 1 1 1 5
Estimated Outlays........................ 0 1 1 1 1 1 5
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that S.
2764 will be enacted near the end of fiscal year 2018 and that
the authorized amounts will be appropriated each year.
Under S. 2764 NOAA would establish and implement a shark
conservation and trade fairness certification program. The bill
would require the Secretary of Commerce to certify that any
nation that exports shark products to the United States has
adopted regulatory programs to conserve sharks and prohibits
shark finning in ways that are comparable to those measures in
the United States. The bill would require NOAA to issue
regulations to implement the certification program. S. 2764
also would direct NOAA to add rays and skates to its Seafood
Import Monitoring Program.
Although S. 2764 would specifically authorize a total of
almost $2 million over the 2019-2023 period, CBO expects that
fully developing and implementing the certified program--
including rulemaking, coordinating with industry, adopting a
reporting and monitoring system, and overseeing additional
enforcement at major ports of entry--would cost more than the
authorized amounts. Using information from NOAA, CBO estimates
that fully implementing S. 2764 would cost about $5 million
over the 2019-2023 period. Those costs would cover salaries,
benefits, training, and travel for three new employees and
about $500,000 worth of equipment and its maintenance.
Uncertainty: Whether any additional amounts would be
subsequently appropriated to NOAA if S. 2764 were enacted is
unknown. The bill would authorize the appropriation of specific
amounts for each year through 2024. The authorized amount in
each year is less than $500,000. Based on historical spending
patterns for similar activities, CBO estimates that providing
the amounts specifically authorized would cost $2 million over
the 2019-2023 period.
Pay-As-You-Go Considerations: S. 2764 could increase
revenues from civil and criminal penalties resulting from
importers' violations of permitting and recordkeeping
requirements. Such penalties are recorded as revenues,
deposited into the Crime Victims Fund, and later spent without
further appropriation action. CBO expects that any additional
revenues would not be significant in any year and would be
offset by subsequent direct spending; therefore, CBO estimates
that the net effect on the deficit would be negligible.
Increase in long-term direct spending and deficits: CBO
estimates that enacting S. 2764 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2029.
Mandates: S. 2764 would impose private-sector mandates as
defined in UMRA. The bill would prohibit domestic companies
from importing shark products from foreign fisheries that do
not meet the bill's certification requirements. U.S. imports
are a very small portion of the $1 billion global market for
shark products; in 2017, the International Trade Commission
reported that the value of such imports was less than $1
million. The cost of the mandate imposed by the prohibition
would be forgone revenue from lower sales and potentially
higher costs to purchase shark products at domestic prices.
S. 2764 also would add rays and skates to NOAA's Seafood
Import Monitoring Program, which requires importers of listed
fish or fish products to track and report certain information.
The cost of the mandate would cover updating and maintaining
the software used to collect and report such data.
CBO estimates that the combined cost of the two mandates
would be well below the threshold established by UMRA for
private-sector mandates ($160 million in 2018, adjusted
annually for inflation).
The bill does not contain any intergovernmental mandates as
defined in UMRA.
Estimate prepared by: Federal Costs: Sophie Godfrey-McKee
and Robert Reese; Mandates: Zachary Byrum.
Estimate reviewed by: Kim P. Cawley, Chief, Natural and
Physical Resources Cost Estimates Unit; Susan Willie, Chief,
Mandates Unit; H. Samuel Papenfuss, Deputy Assistant Director
for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
S. 2764, as reported, would not create any new programs or
impose any new regulatory requirements. Therefore, it would not
subject any individuals or businesses to new regulations.
economic impact
Enactment of this legislation is not expected to have a
negative impact on the Nation's economy.
privacy
The reported bill is not expected to impact the personal
privacy of individuals.
paperwork
S. 2764 would not create increases in paperwork burdens if
enacted.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
This section would provide that the bill may be cited as
the ``Sustainable Shark Fisheries and Trade Act of 2018.''
Section 2. Shark conservation and trade fairness certification.
This section would amend section 610 of the High Seas
Driftnet Fishing Moratorium Protection Act\10\ to create a
shark conservation and trade fairness certification. It would
require that NOAA certify that countries seeking to import
shark products into U.S. markets have, and enforce, similar
regulations to those of the United States. This section would
prohibit importation of shark products unless certified, and
the certification would need to be renewed at least every 3
years.
Section 3. Actions to strengthen international fishery management
organizations.
This section would amend section 608(a) of the High Seas
Driftnet Fishery Moratorium Protection Act\11\ to require the
Secretary of Commerce, in consultation with the Secretary of
State, to do the following: take actions to improve the
effectiveness of international fishing management organizations
by adopting sustainable shark management practices; and seek
entry into international agreements that require measures for
the management of shark finning.
Section 4. Inclusion of rays and skates in Seafood Traceability
Program.
This section would direct the Secretary of Commerce to
revise the Seafood Traceability Program to include rays and
skates within 1 year after the date of enactment of this Act.
Section 5. Rule of construction.
This section would provide that nothing in this Act should
be construed to preclude or limit the right of a State or
territory to adopt or enforce more stringent standards.
Section 6. Funding.
This section would authorize the appropriations necessary
to carry out this Act for each of fiscal years 2019 through
2024.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
HIGH SEAS DRIFTNET FISHING MORATORIUM PROTECTION ACT
[16 U.S.C. 1826d et seq.]
SEC. 608. ACTION TO STRENGTHEN INTERNATIONAL FISHERY MANAGEMENT
ORGANIZATIONS.
[16 U.S.C. 1826i)
(a) In General.--The Secretary, in consultation with the
Secretary of State, and in cooperation with relevant fishery
management councils and any relevant advisory committees, shall
take actions to improve the effectiveness of international
fishery management organizations, or arrangements made pursuant
to an international fishery agreement, in conserving and
managing fish stocks under their jurisdiction. These actions
shall include--
(1) urging international fishery management
organizations to which the United States is a member--
(A) to incorporate multilateral market-
related measures against member or nonmember
governments whose vessels engage in illegal,
unreported, or unregulated fishing;
(B) to seek adoption of lists that identify
fishing vessels and vessel owners engaged in
illegal, unreported, or unregulated fishing
that can be shared among all members and other
international fishery management organizations;
(C) to seek international adoption of a
centralized vessel monitoring system in order
to monitor and document capacity in fleets of
all nations involved in fishing in areas under
an international fishery management
organization's jurisdiction;
(D) to increase use of observers and
technologies needed to monitor compliance with
conservation and management measures
established by the organization, including
vessel monitoring systems and automatic
identification systems;
(E) to seek adoption of stronger port state
controls in all nations, particularly those
nations in whose ports vessels engaged in
illegal, unreported, or unregulated fishing
land or transship fish; and
[(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;]
(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;
(2) urging international fishery management
organizations to which the United States is a member,
as well as all members of those organizations, to adopt
and expand the use of market-related measures to combat
illegal, unreported, or unregulated fishing,
including--
(A) import prohibitions, landing
restrictions, or other market-based measures
needed to enforce compliance with international
fishery management organization measures, such
as quotas and catch limits;
(B) import restrictions or other market-based
measures to prevent the trade or importation of
fish caught by vessels identified
multilaterally as engaging in illegal,
unreported, or unregulated fishing; and
(C) catch documentation and certification
schemes to improve tracking and identification
of catch of vessels engaged in illegal,
unreported, or unregulated fishing, including
advance transmission of catch documents to
ports of entry;
[(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]
(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
(4) urging other nations at bilateral, regional, and
international levels, including the Convention on
International Trade in Endangered Species of Fauna and
Flora and the World Trade Organization to take all
steps necessary, consistent with international law, to
adopt measures and policies that will prevent fish or
other living marine resources harvested by vessels
engaged in illegal, unreported, or unregulated fishing
from being traded or imported into their nation or
territories.
(b) Disclosure of Information.--
(1) In general.--The Secretary, subject to the data
confidentiality provisions in section 402 of the
Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1881a) except as provided in paragraph
(2), may disclose, as necessary and appropriate,
information, including information collected under
joint authority of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et
seq.) and the Atlantic Tunas Convention Act of 1975 (16
U.S.C. 71 et seq.), the Western and Central Pacific
Fisheries Convention Implementation Act (16 U.S.C. 6901
et seq.), any other statute implementing an
international fishery agreement, to any other Federal
or State government agency, the Food and Agriculture
Organization of the United Nations, or the secretariat
or equivalent of an international fishery management
organization or arrangement made pursuant to an
international fishery agreement, if such government,
organization, or arrangement, respectively, has
policies and procedures to protect such information
from unintended or unauthorized disclosure.
(2) Exceptions.--The data confidentiality provisions
in section 402 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1881a) shall
not apply with respect to this Act--
(A) for obligations of the United States to
share information under a regional fisheries
management organization (as that term is
defined by the United Nation's Food and
Agriculture Organization Agreement on Port
State Measures to Prevent, Deter and Eliminate
Illegal, Unreported and Unregulated Fishing) of
which the United States is a member; or
(B) to any information collected by the
Secretary regarding foreign vessels.
(c) IUU Vessel Lists.--The Secretary may--
(1) develop, maintain, and make public a list of
vessels and vessel owners engaged in illegal,
unreported, or unregulated fishing or fishing-related
activities in support of illegal, unreported, or
unregulated fishing, including vessels or vessel owners
identified by an international fishery management
organization or arrangement made pursuant to an
international fishery agreement, that--
(A) the United States is party to; or
(B) the United States is not party to, but
whose procedures and criteria in developing and
maintaining a list of such vessels and vessel
owners are substantially similar to such
procedures and criteria adopted pursuant to an
international fishery agreement to which the
United States is a party; and
(2) take appropriate action against listed vessels
and vessel owners, including action against fish, fish
parts, or fish products from such vessels, in
accordance with applicable United States law and
consistent with applicable international law, including
principles, rights, and obligations established in
applicable international fishery management agreements
and trade agreements.
(d) Regulations.--The Secretary may promulgate regulations to
implement this section.
SEC. 610. EQUIVALENT CONSERVATION MEASURES.
[16 U.S.C. 1826k)
(a) Identification.--The Secretary shall identify, and list
in the report under section 607--
(1) a nation if--
(A) fishing vessels of that nation are
engaged, or have been engaged during the
preceding 3 years in fishing activities or
practices--
(i) in waters beyond any national
jurisdiction that result in bycatch of
a protected living marine resource; or
(ii) beyond the exclusive economic
zone of the United States that result
in bycatch of a protected living marine
resource shared by the United States;
(B) the relevant international organization
for the conservation and protection of such
resources or the relevant international or
regional fishery organization has failed to
implement effective measures to end or reduce
such bycatch, or the nation is not a party to,
or does not maintain cooperating status with,
such organization; and
(C) the nation has not adopted a regulatory
program governing such fishing practices
designed to end or reduce such bycatch that is
comparable to that of the United States, taking
into account different conditions; and
(2) a nation if--
[(A) fishing vessels of that nation are
engaged, or have been engaged during the
preceding 3 years, in fishing activities or
practices in waters beyond any national
jurisdiction that target or incidentally catch
sharks; and]
(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
(B) the nation has not [adopted] 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 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].
(b) Consultation and Negotiation.--The Secretary, acting
through the Secretary of State, shall--
(1) notify, as soon as possible, the President and
nations that have been identified under subsection (a),
and also notify other nations whose vessels engage in
fishing activities or practices described in subsection
(a), about the provisions of this section and this Act;
(2) initiate discussions as soon as possible with all
foreign governments which are engaged in, or which have
persons or companies engaged in, fishing activities or
practices described in [subsection (a)] subsection
(a)(1), for the purpose of entering into bilateral and
multilateral treaties with such countries to protect
such species;
(3) seek agreements calling for international
restrictions on fishing activities or practices
described in [subsection (a)] subsection (a)(1) through
the United Nations, the Food and Agriculture
Organization's Committee on Fisheries, and appropriate
international fishery management bodies; and
(4) initiate the amendment of any existing
international treaty for the protection and
conservation of such species to which the United States
is a party in order to make such treaty consistent with
the purposes and policies of this section.
(c) Conservation Certification Procedure.--
(1) Determination.--The Secretary shall establish a
procedure consistent with the provisions of subchapter
II of chapter 5 of title 5, United States Code, for
determining whether the government of a harvesting
nation identified under [subsection (a)] subsection
(a)(1) and listed in the report under section 607--
(A) has provided documentary evidence of the
adoption of a regulatory program governing the
conservation of the protected living marine
resource that is comparable to that of the
United States, taking into account different
conditions, and which, in the case of pelagic
longline fishing, includes mandatory use of
circle hooks, careful handling and release
equipment, and training and observer programs;
and
(B) has established a management plan
containing requirements that will assist in
gathering species-specific data to support
international stock assessments and
conservation enforcement efforts for protected
living marine resources.
(2) Procedural requirement.--The procedure
established by the Secretary under paragraph (1) shall
include notice and opportunity for comment by any such
nation.
(3) Certification.--The Secretary shall certify to
the Congress by January 31, 2007, and biennially
thereafter whether each such nation has provided the
documentary evidence described in paragraph (1)(A) and
established a management plan described in paragraph
(1)(B).
(4) Alternative procedure.--The Secretary may
establish a procedure to authorize, on a shipment-by-
shipment, shipper-by-shipper, or other basis the
importation of fish or fish products from a vessel of a
nation issued a negative certification under paragraph
(1) if the Secretary determines that such imports were
harvested by practices that do not result in bycatch of
a protected marine species, or were harvested by
practices that--
(A) are comparable to those of the United
States, taking into account different
conditions; and
(B) include the gathering of species specific
data that can be used to support international
and regional stock assessments and conservation
efforts for protected living marine resources.
(5) Effect of certification.--The provisions of
section 101(a) and section 101(b)(3) and (4) of this
Act (16 U.S.C. 1826a(a), (b)(3), and (b)(4)) (except to
the extent that such provisions apply to sport fishing
equipment or fish or fish products not caught by the
vessels engaged in illegal, unreported, or unregulated
fishing) shall apply to any nation identified under
subsection (a) for which the Secretary has issued a
negative certification under this subsection, but shall
not apply to any nation identified under subsection (a)
for which the Secretary has issued a positive
certification under this subsection.
(6) Applicability to certain countries.--This
subsection does not apply to nations identified under
subsection (a)(2).
(d) International Cooperation and Assistance.--To the
greatest extent possible consistent with existing authority and
the availability of funds, the Secretary shall--
(1) provide appropriate assistance to nations
identified by the Secretary under subsection (a) and
international organizations of which those nations are
members to assist those nations in qualifying for
certification under subsection (c) or (g);
(2) undertake, where appropriate, cooperative
research activities on species statistics and improved
harvesting techniques, with those nations or
organizations;
(3) encourage and facilitate the transfer of
appropriate technology to those nations or
organizations to assist those nations in qualifying for
certification under subsection (c) or (g); and
(4) provide assistance to those nations or
organizations in designing and implementing appropriate
fish harvesting plans.
(e) Protected Living Marine Resource Defined.--In this
section the term ``protected living marine resource''--
(1) means non-target fish, sea turtles, or marine
mammals that are protected under United States law or
international agreement, including the Marine Mammal
Protection Act, the Endangered Species Act, the Shark
Finning Prohibition Act, and the Convention on
International Trade in Endangered Species of Wild Flora
and Fauna; but
(2) does not include species, except sharks, managed
under the Magnuson-Stevens Fishery Conservation and
Management Act, the Atlantic Tunas Convention Act, or
any international fishery management agreement.
(f) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary for fiscal years 2007 through
2013 such sums as are necessary to carry out this section.
(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 2018, 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 2018.
(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.
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