IIB 

111TH CONGRESS 

1ST SESSION H. R. 81 

IN THE SENATE OF THE UNITED STATES 

MARCH 3, 2009 

Received; read twice and referred to the Committee on Commerce, Science, 

and Transportation 

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. 

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


smartinez on PROD1PC64 with BILLS
2 

HR 81 RFS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Shark Conservation 

3 Act of 2009’’. 

4 SEC. 2. AMENDMENT OF HIGH SEAS DRIFTNET FISHING 

5 MORATORIUM PROTECTION ACT. 

6 Section 610(a) of the High Seas Driftnet Fishing 

7 Moratorium Protection Act (16 U.S.C. 1826k(a)) is 

8 amended— 

9 (1) by striking so much as precedes paragraph 

10 (1) and inserting the following: 

11 ‘‘(a) IDENTIFICATION.—The Secretary shall identify, 

12 and list in the report under section 607— 

13 ‘‘(1) a nation if—’’; 

14 (2) in paragraph (1) by redesignating subpara15 graphs (A) and (B) as clauses (i) and (ii), respec16 tively; 

17 (3) by redesignating paragraphs (1) through 

18 (3) as subparagraphs (A) through (C), respectively; 

19 (4) by moving subparagraphs (A) through (C) 

20 (as so redesignated) 2 ems to the right; 

21 (5) in subparagraph (C) (as so redesignated) by 

22 striking the period at the end and inserting ‘‘; and’’; 

23 and 

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

25 ‘‘(2) a nation if— 


smartinez on PROD1PC64 with BILLS
3 

HR 81 RFS

1 ‘‘(A) fishing vessels of that nation are en2 gaged, or have been engaged during the pre3 ceding calendar year, in fishing activities or 

4 practices that target or incidentally catch 

5 sharks; and 

6 ‘‘(B) the nation has not adopted a regu7 latory program to provide for the conservation 

8 of sharks, including measures to prohibit re9 moval of any of the fins of a shark (including 

10 the tail) and discarding the carcass of the shark 

11 at sea, that is comparable to that of the United 

12 States, taking into account different condi13 tions.’’. 

14 SEC. 3. AMENDMENT OF MAGNUSON-STEVENS FISHERY 

15 CONSERVATION AND MANAGEMENT ACT. 

16 Section 307(1) of Magnuson-Stevens Fishery Con17 servation and Management Act (16 U.S.C. 1857(1)) is 

18 amended— 

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

20 follows: 

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

22 shark (including the tail) at sea; 

23 ‘‘(ii) to have custody, control, or pos24 session of any such fin aboard a fishing 


smartinez on PROD1PC64 with BILLS
4 

HR 81 RFS

1 vessel unless it is naturally attached to the 

2 corresponding carcass; 

3 ‘‘(iii) to transfer any such fin from 

4 one vessel to another vessel at sea, or to 

5 receive any such fin in such transfer, with6 out the fin naturally attached to the cor7 responding carcass; or 

8 ‘‘(iv) to land any such fin that is not 

9 naturally attached to the corresponding 

10 carcass, or to land any shark carcass with11 out such fins naturally attached;’’; and 

12 (2) by striking the matter following subpara13 graph (R) and inserting the following: 

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

15 a rebuttable presumption that if any shark fin (including 

16 the tail) is found aboard a vessel, other than a fishing 

17 vessel, without being naturally attached to the cor18 responding carcass, such fin was transferred in violation 

19 of subparagraph (P)(iii) and that if, after landing, the 

20 total weight of shark fins (including the tail) landed from 

21 any vessel exceeds five percent of the total weight of shark 


smartinez on PROD1PC64 with BILLS
5 

HR 81 RFS

1 carcasses landed, such fins were taken, held, or landed in 

2 violation of subparagraph (P).’’. 

Passed the House of Representatives March 2, 

2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


smartinez on PROD1PC64 with BILLS