I 

111TH CONGRESS 

1ST SESSION H. R. 81 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2009 

Ms. BORDALLO (for herself, Mr. GEORGE MILLER of California, Mr. 

FALEOMAVAEGA, Mr. ABERCROMBIE, Mr. FARR, Mr. HINCHEY, Ms. 

EDDIE BERNICE JOHNSON of Texas, Ms. ESHOO, Mrs. CHRISTENSEN, 

Mr. INSLEE, Ms. LEE of California, Mrs. CAPPS, Mr. GONZALEZ, Mr. 

HOLT, Mr. GRIJALVA, and Mr. BROWN of South Carolina) introduced the 

following bill; which was referred to the Committee on Natural Resources 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Act of 2009’’. 


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1 SEC. 2. AMENDMENT OF HIGH SEAS DRIFTNET FISHING 

2 MORATORIUM PROTECTION ACT. 

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

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

5 amended— 

6 (1) by striking so much as precedes paragraph 

7 (1) and inserting the following: 

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

9 and list in the report under section 607— 

10 ‘‘(1) a nation if—’’; 

11 (2) in paragraph (1) by redesignating subpara12 graphs (A) and (B) as clauses (i) and (ii), respec13 tively; 

14 (3) by redesignating paragraphs (1) through 

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

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

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

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

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

20 and 

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

22 ‘‘(2) a nation if— 

23 ‘‘(A) fishing vessels of that nation are en24 gaged, or have been engaged during the pre25 ceding calendar year, in fishing activities or 


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1 practices that target or incidentally catch 

2 sharks; and 

3 ‘‘(B) the nation has not adopted a regu4 latory program to provide for the conservation 

5 of sharks, including measures to prohibit re6 moval of any of the fins of a shark (including 

7 the tail) and discarding the carcass of the shark 

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

9 States, taking into account different condi10 tions.’’. 

11 SEC. 3. AMENDMENT OF MAGNUSON-STEVENS FISHERY 

12 CONSERVATION AND MANAGEMENT ACT. 

13 Section 307(1) of Magnuson-Stevens Fishery Con14 servation and Management Act (16 U.S.C. 1857(1)) is 

15 amended— 

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

17 follows: 

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

19 shark (including the tail) at sea; 

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

21 of any such fin aboard a fishing vessel unless 

22 it is naturally attached to the corresponding 

23 carcass; 

24 ‘‘(iii) to transfer any such fin from one 

25 vessel to another vessel at sea, or to receive any 


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1 such fin in such transfer, without the fin natu2 rally attached to the corresponding carcass; or 

3 ‘‘(iv) to land any such fin that is not natu4 rally attached to the corresponding carcass, or 

5 to land any shark carcass without such fins 

6 naturally attached;’’; and 

7 (2) by striking the matter following subpara8 graph (R) and inserting the following: 

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

10 a rebuttable presumption that if any shark fin (in11 cluding the tail) is found aboard a vessel, other than 

12 a fishing vessel, without being naturally attached to 

13 the corresponding carcass, such fin was transferred 

14 in violation of subparagraph (P)(iii) and that if, 

15 after landing, the total weight of shark fins (includ16 ing the tail) landed from any vessel exceeds five per17 cent of the total weight of shark carcasses landed, 

18 such fins were taken, held, or landed in violation of 

19 subparagraph (P).’’. 

Æ 


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