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[Senate Report 115-442]
[From the U.S. Government Publishing Office]

                                                      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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