In the Senate of the United States, 

December 20, 2010. 

Resolved, That the bill from the House of Representatives (H.R. 81) entitled ‘‘An Act to amend the High Seas 

Driftnet Fishing Moratorium Protection Act and the Magnuson-Stevens Fishery Conservation and Managment Act to improve the conservation of sharks.’’, do pass with the following 

AMENDMENT: 

Strike all after the enacting clause and insert the 

following: 

1 SECTION 1. TABLE OF CONTENTS. 

2 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. 
2 

HR 81 EAS 

1 TITLE I—SHARK CONSERVATION 

2 ACT OF 2010 

3 SEC. 101. SHORT TITLE. 

4 This title may be cited as the ‘‘Shark Conservation Act 

5 of 2010’’. 

6 SEC. 102. AMENDMENT OF HIGH SEAS DRIFTNET FISHING 

7 MORATORIUM PROTECTION ACT. 

8 (a) ACTIONS TO STRENGTHEN INTERNATIONAL FISH9 ERY MANAGEMENT ORGANIZATIONS.—Section 608 of the 

10 High Seas Driftnet Fishing Moratorium Protection Act (16 

11 U.S.C. 1826i) is amended— 

12 (1) in paragraph (1)— 

13 (A) in subparagraph (D), by striking ‘‘and’’ 

14 at the end; 

15 (B) in subparagraph (E), by inserting 

16 ‘‘and’’ after the semicolon; and 

17 (C) by adding at the end the following: 

18 ‘‘(F) to adopt shark conservation measures, 

19 including measures to prohibit removal of any of 

20 the fins of a shark (including the tail) and dis21 carding the carcass of the shark at sea;’’; 

22 (2) in paragraph (2), by striking ‘‘and’’ at the 

23 end; 

24 (3) by redesignating paragraph (3) as para25 graph (4); and 
3 

HR 81 EAS 

1 (4) by inserting after paragraph (2) the fol2 lowing: 

3 ‘‘(3) seeking to enter into international agree4 ments that require measures for the conservation of 

5 sharks, including measures to prohibit removal of any 

6 of the fins of a shark (including the tail) and dis7 carding the carcass of the shark at sea, that are com8 parable to those of the United States, taking into ac9 count different conditions; and’’. 

10 (b) ILLEGAL, UNREPORTED, OR UNREGULATED FISH11 ING.—Subparagraph (A) of section 609(e)(3) of the High 

12 Seas Driftnet Fishing Moratorium Protection Act (16 

13 U.S.C. 1826j(e)(3)) is amended— 

14 (1) by striking the ‘‘and’’ before ‘‘bycatch reduc15 tion requirements’’; and 

16 (2) by striking the semicolon at the end and in17 serting ‘‘, and shark conservation measures;’’. 

18 (c) EQUIVALENT CONSERVATION MEASURES.— 

19 (1) IDENTIFICATION.—Subsection (a) of section 

20 610 of the High Seas Driftnet Fishing Moratorium 

21 Protection Act (16 U.S.C. 1826k) is amended— 

22 (A) in the matter preceding paragraph (1), 

23 by striking ‘‘607, a nation if—’’ and inserting 

24 ‘‘607—’’; 

25 (B) in paragraph (1)— 
4 

HR 81 EAS 

1 (i) by redesignating subparagraphs (A) 

2 and (B) as clauses (i) and (ii), respectively; 

3 and 

4 (ii) by moving clauses (i) and (ii) (as 

5 so redesignated) 2 ems to the right; 

6 (C) by redesignating paragraphs (1) 

7 through (3) as subparagraphs (A) through (C), 

8 respectively; 

9 (D) by moving subparagraphs (A) through 

10 (C) (as so redesignated) 2 ems to the right; 

11 (E) by inserting before subparagraph (A) 

12 (as so redesignated) the following: 

13 ‘‘(1) a nation if—’’; 

14 (F) in subparagraph (C) (as so redesig15 nated) by striking the period at the end and in16 serting ‘‘; and’’; and 

17 (G) by adding at the end the following: 

18 ‘‘(2) a nation if— 

19 ‘‘(A) fishing vessels of that nation are en20 gaged, or have been engaged during the preceding 

21 calendar year, in fishing activities or practices 

22 in waters beyond any national jurisdiction that 

23 target or incidentally catch sharks; and 

24 ‘‘(B) the nation has not adopted a regu25 latory program to provide for the conservation of 
5 

HR 81 EAS 

1 sharks, including measures to prohibit removal 

2 of any of the fins of a shark (including the tail) 

3 and discarding the carcass of the shark at sea, 

4 that is comparable to that of the United States, 

5 taking into account different conditions.’’. 

6 (2) INITIAL IDENTIFICATIONS.—The Secretary of 

7 Commerce shall begin making identifications under 

8 paragraph (2) of section 610(a) of the High Seas 

9 Driftnet Fishing Moratorium Protection Act (16 

10 U.S.C. 1826k(a)), as added by paragraph (1)(G), not 

11 later than 1 year after the date of the enactment of 

12 this Act. 

13 SEC. 103. AMENDMENT OF MAGNUSON-STEVENS FISHERY 

14 CONSERVATION AND MANAGEMENT ACT. 

15 (a) IN GENERAL.—Paragraph (1) of section 307 of 

16 Magnuson-Stevens Fishery Conservation and Management 

17 Act (16 U.S.C. 1857) is amended— 

18 (1) by amending subparagraph (P) to read as 

19 follows: 

20 ‘‘(P)(i) to remove any of the fins of a shark 

21 (including the tail) at sea; 

22 ‘‘(ii) to have custody, control, or possession 

23 of any such fin aboard a fishing vessel unless it 

24 is naturally attached to the corresponding car25 cass; 
6 

HR 81 EAS 

1 ‘‘(iii) to transfer any such fin from one ves2 sel to another vessel at sea, or to receive any such 

3 fin in such transfer, without the fin naturally 

4 attached to the corresponding carcass; or 

5 ‘‘(iv) to land any such fin that is not natu6 rally attached to the corresponding carcass, or to 

7 land any shark carcass without such fins natu8 rally attached;’’; and 

9 (2) by striking the matter following subpara10 graph (R) and inserting the following: 

11 ‘‘For purposes of subparagraph (P), there shall be a 

12 rebuttable presumption that if any shark fin (includ13 ing the tail) is found aboard a vessel, other than a 

14 fishing vessel, without being naturally attached to the 

15 corresponding carcass, such fin was transferred in 

16 violation of subparagraph (P)(iii) or that if, after 

17 landing, the total weight of shark fins (including the 

18 tail) landed from any vessel exceeds five percent of the 

19 total weight of shark carcasses landed, such fins were 

20 taken, held, or landed in violation of subparagraph 

21 (P). In such subparagraph, the term ‘naturally at22 tached’, with respect to a shark fin, means attached 

23 to the corresponding shark carcass through some por24 tion of uncut skin.’’. 

25 (b) SAVINGS CLAUSE.— 
7 

HR 81 EAS 

1 ‘‘(1) IN GENERAL.—The amendments made by 

2 subsection (a) do not apply to an individual engaged 

3 in commercial fishing for smooth dogfish (Mustelus 

4 canis) in that area of the waters of the United States 

5 located shoreward of a line drawn in such a manner 

6 that each point on it is 50 nautical miles from the 

7 baseline of a State from which the territorial sea is 

8 measured, if the individual holds a valid State com9 mercial fishing license, unless the total weight of 

10 smooth dogfish fins landed or found on board a vessel 

11 to which this subsection applies exceeds 12 percent of 

12 the total weight of smooth dogfish carcasses landed or 

13 found on board. 

14 (2) DEFINITIONS.—In this subsection: 

15 (A) COMMERCIAL FISHING.—The term 

16 ‘‘commercial fishing’’ has the meaning given that 

17 term in section 3 of the Magnuson-Stevens Fish18 ery Conservation and Management Act (16 

19 U.S.C. 1802). 

20 (B) STATE.—The term ‘‘State’’ has the 

21 meaning given that term in section 803 of Public 

22 Law 103–206 (16 U.S.C. 5102). 

23 SEC. 104. OFFSET OF IMPLEMENTATION COST. 

24 Section 308(a) of the Interjurisdictional Fisheries Act 

25 of 1986 (16 U.S.C. 4107(a)) is amended by striking ‘‘2012.’’ 
8 

HR 81 EAS 

1 and inserting ‘‘2010, and $2,500,000 for each of fiscal years 

2 2011 and 2012.’’. 

3 TITLE II—INTERNATIONAL 

4 FISHERIES AGREEMENT 

5 SEC. 201. SHORT TITLE. 

6 This title may be cited as the ‘‘International Fisheries 

7 Agreement Clarification Act’’. 

8 SEC. 202. INTERNATIONAL FISHERY AGREEMENT. 

9 Consistent with the intent of provisions of the Magnu10 son-Stevens Fishery and Conservation and Management 

11 Act relating to international agreements, the Secretary of 

12 Commerce and the New England Fishery Management 

13 Council may, for the purpose of rebuilding those portions 

14 of fish stocks covered by the United States-Canada Trans15 boundary Resource Sharing Understanding on the date of 

16 enactment of this Act— 

17 (1) take into account the Understanding and de18 cisions made under that Understanding in the appli19 cation of section 304(e)(4)(A)(i) of the Act (16 U.S.C. 

20 1854(e)(4)(A)(i)); 

21 (2) consider decisions made under that Under22 standing as ‘‘management measures under an inter23 national agreement’’ that ‘‘dictate otherwise’’ for pur24 poses of section 304(e)(4)(A)(ii) of the Act (16 U.S.C. 

25 1854(e)(4)(A)(ii); and 
9 

HR 81 EAS 

1 (3) establish catch levels for those portions of fish 

2 stocks within their respective geographic areas covered 

3 by the Understanding on the date of enactment of this 

4 Act that exceed the catch levels otherwise required 

5 under the Northeast Multispecies Fishery Manage6 ment Plan if— 

7 (A) overfishing is ended immediately; 

8 (B) the fishing mortality level ensures re9 building within a time period for rebuilding 

10 specified taking into account the Understanding 

11 pursuant to paragraphs (1) and (2) of this sub12 section; and 

13 (C) such catch levels are consistent with 

14 that Understanding. 

15 SEC. 203. APPLICATION WITH OTHER LAWS. 

16 Nothing in this title shall be construed to amend the 

17 Magnuson-Stevens Fishery Conservation and Management 

18 Act (16 U.S.C. 1851 et seq.) or to limit or otherwise alter 

19 the authority of the Secretary of Commerce under that Act 

20 concerning other species. 

21 SEC. 204. EFFECTIVE DATE. 

22 (a) IN GENERAL.—Except as provided in subsection 

23 (b), section 202 shall apply with respect to fishing years 

24 beginning after April 30, 2010. 
10 

HR 81 EAS 

1 (b) SPECIAL RULE.—Section 202(3)(B) shall only 

2 apply with respect to fishing years beginning after April 

3 30, 2012. 

4 TITLE III—MISCELLANEOUS 

5 SEC. 301. TECHNICAL CORRECTIONS TO THE WESTERN AND 

6 CENTRAL PACIFIC FISHERIES CONVENTION 

7 IMPLEMENTATION ACT. 

8 Section 503 of the Western and Central Pacific Fish9 eries Convention Implementation Act (16 U.S.C. 6902) is 

10 amended— 

11 (1) by striking ‘‘Management Council and’’ in 

12 subsection (a) and inserting ‘‘Management Council, 

13 and one of whom shall be the chairman or a member 

14 of’’; 

15 (2) by striking subsection (c)(1) and inserting 

16 the following: 

17 ‘‘(1) EMPLOYMENT STATUS.—Individuals serving 

18 as such Commissioners, other than officers or employ19 ees of the United States Government, shall not be con20 sidered Federal employees except for the purposes of 

21 injury compensation or tort claims liability as pro22 vided in chapter 81 of title 5, United States Code, 

23 and chapter 171 of title 28, United States Code.’’; and 

24 (3) by striking subsection (d)(2)(B)(ii) and in25 serting the following: 
11 

HR 81 EAS 

1 ‘‘(ii) shall not be considered Federal 

2 employees except for the purposes of injury 

3 compensation or tort claims liability as 

4 provided in chapter 81 of title 5, United 

5 States Code, and chapter 171 of title 28, 

6 United States Code.’’. 

7 SEC. 302. PACIFIC WHITING ACT OF 2006. 

8 (a) SCIENTIFIC EXPERTS.—Section 605(a)(1) of the 

9 Pacific Whiting Act of 2006 (16 U.S.C. 7004(a)(1)) is 

10 amended by striking ‘‘at least 6 but not more than 12’’ in11 serting ‘‘no more than 2’’. 

12 (b) EMPLOYMENT STATUS.—Section 609(a) of the Pa13 cific Whiting Act of 2006 (16 U.S.C. 7008(a)) is amended 

14 to read as follows: 

15 ‘‘(a) EMPLOYMENT STATUS.—Individuals appointed 

16 under section 603, 604, 605, or 606 of this title, other than 

17 officers or employees of the United States Government, shall 

18 not be considered to be Federal employees while performing 

19 such service, except for purposes of injury compensation or 

20 tort claims liability as provided in chapter 81 of title 5, 

21 United States Code, and chapter 171 of title 28, United 

22 States Code.’’. 

23 SEC. 303. REPLACEMENT VESSEL. 

24 Notwithstanding any other provision of law, the Sec25 retary of Commerce may promulgate regulations that allow 
12 

HR 81 EAS 

1 for the replacement or rebuilding of a vessel qualified under 

2 subsections (a)(7) and (g)(1)(A) of section 219 of the De3 partment of Commerce and Related Agencies Appropria4 tions Act, 2005 (Public Law 108–447; 188 Stat. 886–891). 

Attest: 

Secretary. 

111TH CONGRESS 

2D SESSION H. R. 81 

AMENDMENT