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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5461 Received in Senate (RDS)]

  2d Session
                                H. R. 5461

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

            October 31 (legislative day, September 22), 2000

                                Received

_______________________________________________________________________

                                 AN ACT

 
 To amend the Magnuson-Stevens Fishery Conservation and Management Act 
    to eliminate the wasteful and unsportsmanlike practice of shark 
                                finning.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Shark Finning Prohibition Act''.

SEC. 2. PURPOSE.

    The purpose of this title is to eliminate shark-finning by 
addressing the problem comprehensively at both the national and 
international levels.

SEC. 3. PROHIBITION ON REMOVING SHARK FIN AND DISCARDING SHARK CARCASS 
              AT SEA.

    Section 307(1) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1857(1)) is amended--
            (1) by striking ``or'' after the semicolon in subparagraph 
        (N);
            (2) by striking ``section 302(j)(7)(A).'' in subparagraph 
        (O) and inserting ``section 302(j)(7)(A); or''; and
            (3) by adding at the end the following:
                    ``(P)(i) to remove any of the fins of a shark 
                (including the tail) and discard the carcass of the 
                shark at sea;
                    ``(ii) to have custody, control, or possession of 
                any such fin aboard a fishing vessel without the 
                corresponding carcass; or
                    ``(iii) to land any such fin without the 
                corresponding carcass.
        ``For purposes of subparagraph (P) there is a rebuttable 
        presumption that any shark fins landed from a fishing vessel or 
        found on board a fishing vessel were taken, held, or landed in 
        violation of subparagraph (P) if the total weight of shark fins 
        landed or found on board exceeds 5 percent of the total weight 
        of shark carcasses landed or found on board.''.

SEC. 4. REGULATIONS.

    No later than 180 days after the date of the enactment of this Act, 
the Secretary of Commerce shall promulgate regulations implementing the 
provisions of section 3076(1)(P) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1857(1)(P)), as added by 
section 403 of this title.

SEC. 5. INTERNATIONAL NEGOTIATIONS.

    The Secretary of Commerce, acting through the Secretary of State, 
shall--
            (1) initiate discussions as soon as possible for the 
        purpose of developing bilateral or multilateral agreements with 
        other nations for the prohibition on shark-finning;
            (2) initiate discussions as soon as possible with all 
        foreign governments which are engaged in, or which have persons 
        or companies engaged in shark-finning, for the purposes of--
                    (A) collecting information on the nature and extent 
                of shark-finning by such persons and the landing or 
                transshipment of shark fins through foreign ports; and
                    (B) entering into bilateral and multilateral 
                treaties with such countries to protect such species;
            (3) seek agreements calling for an international ban on 
        shark-finning and other fishing practices adversely affecting 
        these species through the United Nations, the Food and 
        Agriculture Organization's Committee on Fisheries, and 
        appropriate regional fishery management bodies;
            (4) initiate the amendment of any existing international 
        treaty for the protection and conservation of species of sharks 
        to which the United States is a party in order to make such 
        treaty consistent with the purposes and policies of this 
        section;
            (5) urge other governments involved in fishing for or 
        importation of shark or shark products to fulfill their 
        obligations to collect biological data, such as stock abundance 
        and by-catch levels, as well as trade data, on shark species as 
        called for in the 1995 Resolution on Cooperation with FAO with 
        Regard to study on the Status of Sharks and By-Catch of Shark 
        Species; and
            (6) urge other governments to prepare and submit their 
        respective National Plan of Action for the Conservation and 
        Management of Sharks to the 2001 session of the FAO Committee 
        on Fisheries, as set forth in the International Plan of Action 
        for the Conservation and Management of Sharks.

SEC. 6. REPORT TO CONGRESS.

    The Secretary of Commerce, in consultation with the Secretary of 
State, shall provide to Congress, by not later than 1 year after the 
date of the enactment of this Act, and every year thereafter, a report 
which--
            (1) includes a list that identifies nations whose vessels 
        conduct shark-finning and details the extent of the 
        international trade in shark fins, including estimates of value 
        and information on harvesting of shark fins, and landings or 
        transshipment of shark fins through foreign ports;
            (2) describes the efforts taken to carry out this title, 
        and evaluates the progress of those efforts;
            (3) sets forth a plan of action to adopt international 
        measures for the conservation of sharks; and
            (4) includes recommendations for measures to ensure that 
        United States actions are consistent with national, 
        international, and regional obligations relating to shark 
        populations, including those listed under the Convention on 
        International Trade in Endangered Species of Wild Flora and 
        Fauna.

SEC. 7. RESEARCH.

    The Secretary of Commerce, subject to the availability of 
appropriations authorized by section 410, shall establish a research 
program for Pacific and Atlantic sharks to engage in the following data 
collection and research:
            (1) The collection of data to support stock assessments of 
        shark populations subject to incidental or directed harvesting 
        by commercial vessels, giving priority to species according to 
        vulnerability of the species to fishing gear and fishing 
        mortality, and its population status.
            (2) Research to identify fishing gear and practices that 
        prevent or minimize incidental catch of sharks in commercial 
        and recreational fishing.
            (3) Research on fishing methods that will ensure maximum 
        likelihood of survival of captured sharks after release.
            (4) Research on methods for releasing sharks from fishing 
        gear that minimize risk of injury to fishing vessel operators 
        and crews.
            (5) Research on methods to maximize the utilization of, and 
        funding to develop the market for, sharks not taken in 
        violation of a fishing management plan approved under section 
        303 or of section 307(1)(P) of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1853, 1857(1)(P)).
            (6) Research on the nature and extent of the harvest of 
        sharks and shark fins by foreign fleets and the international 
        trade in shark fins and other shark products.

SEC. 8. WESTERN PACIFIC LONGLINE FISHERIES COOPERATIVE RESEARCH 
              PROGRAM.

    The National Marine Fisheries Service, in consultation with the 
Western Pacific Fisheries Management Council, shall initiate a 
cooperative research program with the commercial longlining industry to 
carry out activities consistent with this title, including research 
described in section 407 of this title. The service may initiate such 
shark cooperative research programs upon the request of any other 
fishery management council.

SEC. 9. SHARK-FINNING DEFINED.

    In this Act, the term ``shark-finning'' means the taking of a 
shark, removing the fin or fins (whether or not including the tail) of 
a shark, and returning the remainder of the shark to the sea.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Commerce for fiscal years 2001 through 2005 such sums as are necessary 
to carry out this title.

            Passed the House of Representatives October 30, 2000.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
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