II 

115TH CONGRESS 

2D SESSION S. 2764 

To amend and enhance the High Seas Driftnet Fishing Moratorium 

Protection Act to improve the conservation of sharks, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 26, 2018 

Mr. RUBIO (for himself and Ms. MURKOWSKI) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To amend and enhance the High Seas Driftnet Fishing Moratorium Protection Act to improve the conservation of 

sharks, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sustainable Shark 

5 Fisheries and Trade Act of 2018’’. 

6 SEC. 2. SHARK CONSERVATION AND TRADE FAIRNESS CER7 TIFICATION. 

8 Section 610 of the High Seas Driftnet Fishing Mora9 torium Protection Act (16 U.S.C. 1826k) is amended— 


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1 (1) in subsection (a)(2)— 

2 (A) by striking subparagraph (A) and in3 serting the following: 

4 ‘‘(A) that nation or any individual or entity 

5 from that nation has imported shark products 

6 into the United States or seeks to import shark 

7 products into the United States; and’’; and 

8 (B) in subparagraph (B)— 

9 (i) by striking ‘‘adopted’’ and insert10 ing ‘‘sought and obtained, not later than 

11 the effective date specified in paragraph 

12 (8) of subsection (g), a certification from 

13 the Secretary under that subsection that 

14 the nation has in effect’’; and 

15 (ii) by striking ‘‘, taking into account 

16 different conditions’’; 

17 (2) in subsection (b), in paragraphs (2) and 

18 (3), by striking ‘‘subsection (a)’’ each place it ap19 pears and inserting ‘‘subsection (a)(1)’’; 

20 (3) in subsection (c)— 

21 (A) in paragraph (1), by striking ‘‘sub22 section (a)’’ and inserting ‘‘subsection (a)(1)’’; 

23 and 

24 (B) by adding at the end the following: 


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1 ‘‘(6) APPLICABILITY TO CERTAIN COUNTRIES.— 

2 This subsection does not apply to nations identified 

3 under subsection (a)(2).’’; 

4 (4) in subsection (d)— 

5 (A) in paragraph (1), by inserting ‘‘or (g)’’ 

6 after ‘‘under subsection (c)’’; and 

7 (B) in paragraph (3), by inserting ‘‘or (g)’’ 

8 after ‘‘under subsection (c)’’; and 

9 (5) by adding at the end the following: 

10 ‘‘(g) SHARK CONSERVATION AND TRADE FAIRNESS

11 CERTIFICATION.— 

12 ‘‘(1) PROHIBITION ON IMPORTATION.— 

13 ‘‘(A) IN GENERAL.—Except as provided in 

14 subparagraph (B), shark products may not be 

15 imported into the United States unless the 

16 shark products were landed in a nation to 

17 which the Secretary has issued a certification or 

18 partial certification under paragraph (2). 

19 ‘‘(B) EXCEPTIONS.—The prohibition under 

20 subparagraph (A) shall not apply to shark 

21 products that are— 

22 ‘‘(i) traded, owned, held, or otherwise 

23 possessed by an employee or agent of a 

24 governmental agency for law enforcement 

25 purposes; 


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1 ‘‘(ii) used for noncommercial subsist2 ence purposes in accordance with Federal, 

3 State, tribal, or territorial law; 

4 ‘‘(iii) used solely for display, edu5 cation, conservation, or research purposes 

6 by an accredited zoo, aquarium, museum, 

7 college, or university; or 

8 ‘‘(iv) used by any other person under 

9 a State or Federal permit to conduct non10 commercial scientific research. 

11 ‘‘(2) CERTIFICATIONS.—Pursuant to the regu12 lations prescribed under paragraph (5), the Sec13 retary— 

14 ‘‘(A) shall grant a certification to any na15 tion that has adopted and effectively enforces 

16 regulatory programs to provide for the con17 servation and management of sharks, and 

18 measures to prohibit shark finning, that are 

19 comparable to those of the United States; and 

20 ‘‘(B) may grant a partial certification to a 

21 nation if the Secretary determines that the na22 tion— 

23 ‘‘(i) has adopted and effectively en24 forces regulatory programs that are com25 parable to the regulatory programs of the 


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1 United States to provide for the conserva2 tion and management of a specific species 

3 of shark imported into the United States 

4 or used to produce shark products im5 ported into the United States; and 

6 ‘‘(ii) has in effect an effective ban on 

7 shark finning that is comparable to that of 

8 the United States. 

9 ‘‘(3) EXPIRATION; RENEWAL.—A certification 

10 or partial certification issued under this sub11 section— 

12 ‘‘(A) shall be effective for not more than 3 

13 years from the date of issuance; and 

14 ‘‘(B) may be renewed in accordance with 

15 the provisions of this subsection relating to the 

16 initial issuance of the certification. 

17 ‘‘(4) CERTAIN DETERMINATIONS.—The Sec18 retary shall make a determination with respect to 

19 whether to renew under paragraph (3) or revoke 

20 pursuant to paragraph (5)(A)(ii) a certification or 

21 partial certification issued under this subsection not 

22 later than 180 days after the submission of the ap23 plication for renewal or the petition for revocation, 

24 as the case may be. 

25 ‘‘(5) REGULATIONS.— 


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1 ‘‘(A) IN GENERAL.—Not later than 2 years 

2 after the date of the enactment of the Sustain3 able Shark Fisheries and Trade Act of 2018, 

4 the Secretary shall prescribe regulations under 

5 chapter 5 of title 5, United States Code, with 

6 respect to the submission, evaluation, revoca7 tion, and renewal of applications for certifi8 cations and partial certifications under para9 graph (2). Such regulations shall— 

10 ‘‘(i) prescribe the content and format 

11 of applications and standards for the infor12 mation to be provided in such applications; 

13 and 

14 ‘‘(ii) establish a process for petitioning 

15 the Secretary for revocation of the certifi16 cation or partial certification of any nation, 

17 including standards for the information re18 quired to be provided to demonstrate that 

19 the nation no longer meets the criteria es20 tablished under this subsection for the cer21 tification. 

22 ‘‘(B) CRITERIA FOR CERTIFICATION OR

23 PARTIAL CERTIFICATION.—The regulations pre24 scribed under subparagraph (A) shall establish 

25 criteria for determining whether a nation has 


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1 and effectively enforces regulatory programs to 

2 provide for the conservation and management 

3 of sharks, and measures to prohibit shark fin4 ning, that are comparable to those of the 

5 United States, which shall include, at a min6 imum, a requirement that such programs— 

7 ‘‘(i) be consistent with the national 

8 standards for fishery conservation and 

9 management set forth at section 301(a) of 

10 the Magnuson-Stevens Conservation and 

11 Management Act (16 U.S.C. 1851(a)); 

12 ‘‘(ii) provide for regularly updated 

13 management plans, scientifically estab14 lished catch limits, and bycatch assess15 ments and minimization; 

16 ‘‘(iii) include a program to prevent 

17 overfishing of sharks and rebuild over18 fished stocks; 

19 ‘‘(iv) require reporting and data col20 lection; 

21 ‘‘(v) be consistent with the Inter22 national Plan of Action for Conservation 

23 and Management of Sharks of the Food 

24 and Agriculture Organization of the 

25 United Nations; and 


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1 ‘‘(vi) include a mechanism to ensure 

2 that, if the nation allows landings of 

3 sharks by foreign vessels that are not sub4 ject to such programs, only shark products 

5 that comply with such programs are ex6 ported to the United States. 

7 ‘‘(6) PUBLICATION; PUBLIC COMMENT.—The 

8 Secretary shall— 

9 ‘‘(A) publish in the Federal Register notice 

10 of applications, petitions, and decisions with re11 spect to certifications, renewal of certifications, 

12 or revocation of certifications under this sub13 section; and 

14 ‘‘(B) provide an opportunity for public 

15 comment with respect to such applications, peti16 tions, and decisions. 

17 ‘‘(7) FINAL AGENCY ACTION.—A decision of the 

18 Secretary with respect to the issuance, renewal, or 

19 revocation of a certification or partial certification 

20 under this subsection, or a failure to make a deter21 mination under paragraph (4) in the time required 

22 by that paragraph, shall be considered a final agency 

23 action for the purposes of chapter 7 of title 5, 

24 United States Code. 


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1 ‘‘(8) EFFECTIVE DATE.—The prohibition under 

2 paragraph (1) shall take effect on the earlier of— 

3 ‘‘(A) the date on which regulations are 

4 prescribed under paragraph (5); or 

5 ‘‘(B) the date that is 3 years after the date 

6 of the enactment of the Sustainable Shark 

7 Fisheries and Trade Act of 2018. 

8 ‘‘(9) DEFINITIONS.—In this subsection: 

9 ‘‘(A) SHARK.—The term ‘shark’ means 

10 any species of the subclass Elasmobranchii. 

11 ‘‘(B) SHARK PRODUCT.—The term ‘shark 

12 product’ means live sharks, whole sharks, and 

13 the meat, skin, oil, fins (including wings and 

14 tails), gill rakers, cartilage, jaws, teeth, liver, or 

15 any product containing meat, skin, oil, fins (in16 cluding wings and tails), gill rakers, cartilage, 

17 jaws, teeth, or liver derived from sharks. 

18 ‘‘(C) SHARK FINNING.—The term ‘shark 

19 finning’ means the removal of a shark’s fins, in20 cluding the tail, and discarding the remaining 

21 carcass of the shark at sea.’’. 


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1 SEC. 3. ACTIONS TO STRENGTHEN INTERNATIONAL FISH2 ERY MANAGEMENT ORGANIZATIONS. 

3 Section 608(a) of the High Seas Driftnet Fishing 

4 Moratorium Protection Act (16 U.S.C. 1826i(a)) is 

5 amended— 

6 (1) in paragraph (1), by striking subparagraph 

7 (F) and inserting the following: 

8 ‘‘(F) to adopt shark conservation and man9 agement measures and measures to prevent 

10 shark finning that are consistent with the Inter11 national Plan of Action for Conservation and 

12 Management of Sharks of the Food and Agri13 culture Organization of the United Nations;’’; 

14 and 

15 (2) by striking paragraph (3) and inserting the 

16 following: 

17 ‘‘(3) seeking to enter into international agree18 ments that require measures for the conservation 

19 and management of sharks and measures to prevent 

20 shark finning that are consistent with the Inter21 national Plan of Action for Conservation and Man22 agement of Sharks; and’’. 

23 SEC. 4. INCLUSION OF RAYS AND SKATES IN SEAFOOD 

24 TRACEABILITY PROGRAM. 

25 Not later than one year after the date of the enact26 ment of this Act, the Secretary of Commerce shall revise 


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1 section 300.324 of title 50, Code of Federal Regulations 

2 to include rays and skates on the list provided for under 

3 subsection (a)(2) of that section. 

4 SEC. 5. RULE OF CONSTRUCTION. 

5 Nothing in this Act shall be construed to preempt any 

6 Federal or State law establishing additional or more strin7 gent requirements than the requirements of subsection (g) 

8 of section 610 of the High Seas Driftnet Fishing Morato9 rium Protection Act (16 U.S.C. 1826k), as added by sec10 tion 3. 

11 SEC. 6. FUNDING. 

12 There are authorized to be appropriated to the Sec13 retary of Commerce to carry out this Act— 

14 (1) $325,000 for fiscal year 2019; 

15 (2) $325,000 for fiscal year 2020; 

16 (3) $400,000 for each of fiscal years 2021, 

17 2022, and 2023; and 

18 (4) $250,000 for fiscal year 2024. 

Æ 


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