[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
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(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
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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).
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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.
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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
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Related Agencies Appropriations Act, 2005 (Public Law 108-447; 188 Stat.
886-891).
Approved January 4, 2011.
LEGISLATIVE HISTORY--H.R. 81 (S. 850):
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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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