H. R. 81 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the fifth day of January, two thousand and ten 

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. 

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—SHARK CONSERVATION ACT 

OF 2010 

SEC. 101. 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 MANAGE- MENT 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 
H. R. 81—2 

(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.—The Secretary of Commerce 

shall begin making identifications under paragraph (2) of section 610(a) of the High Seas Driftnet Fishing Moratorium 
H. R. 81—3 

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 MagnusonStevens 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). 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) 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). 
H. R. 81—4 

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—INTERNATIONAL FISHERIES 

AGREEMENT 

SEC. 201. SHORT TITLE. 

This title may be cited as the ‘‘International Fisheries Agreement Clarification Act’’. 

SEC. 202. 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 StatesCanada 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. APPLICATION WITH OTHER LAWS. 

Nothing in this title shall be construed to amend the MagnusonStevens 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. 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.—Section 202(3)(B) shall only apply with 

respect to fishing years beginning after April 30, 2012. 
H. R. 81—5 

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 
H. R. 81—6 

Related Agencies Appropriations Act, 2005 (Public Law 108–447; 

188 Stat. 886–891). 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.