IIB 

110TH CONGRESS 

2D SESSION H. R. 5741 

IN THE SENATE OF THE UNITED STATES 

JULY 9, 2008 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Act of 2008’’. 

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— 


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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 possession 

24 of any such fin aboard a fishing vessel unless 


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1 it is naturally attached to the corresponding 

2 carcass; 

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

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

5 such fin in such transfer, without the fin natu6 rally attached to the corresponding carcass; or 

7 ‘‘(iv) to land any such fin that is not natu8 rally attached to the corresponding carcass, or 

9 to land any shark carcass without such fins 

10 naturally attached;’’; and 

11 (2) by striking the matter following subpara12 graph (R) and inserting the following: 

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

14 a rebuttable presumption that if any shark fin (in15 cluding the tail) is found aboard a vessel, other than 

16 a fishing vessel, without being naturally attached to 

17 the corresponding carcass, such fin was transferred 

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

19 after landing, the total weight of shark fins (includ20 ing the tail) landed from any vessel exceeds five per21 cent of the total weight of shark carcasses landed, 


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

2 subparagraph (P).’’. 

Passed the House of Representatives July 8, 2008. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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