II 

110TH CONGRESS 

2D SESSION S. 3231 

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 SENATE OF THE UNITED STATES 

JULY 8, 2008 

Mr. KERRY introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

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 2008’’. 

6 SEC. 2. IMPROVED CONSERVATION OF SHARKS. 

7 (a) AMENDMENT OF HIGH SEAS DRIFTNET FISHING

8 MORATORIUM PROTECTION ACT.—Section 610(a) of the 


wwoods2 on PRODPC68 with BILLS
2 

•S 3231 IS

1 High Seas Driftnet Fishing Moratorium Protection Act 

2 (16 U.S.C. 1826k(a)) is amended— 

3 (1) in paragraph (1), by redesignating subpara4 graphs (A) and (B) as clauses (i) and (ii), respec5 tively; 

6 (2) by redesignating paragraphs (1) through 

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

8 (3) by striking the matter preceding subpara9 graph (A), as redesignated by paragraph (2) of this 

10 section, 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 (4) in paragraph (1)(C), as so redesignated by 

15 paragraph (2) of this section, by striking the period 

16 at the end and inserting ‘‘; or’’; and 

17 (5) 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 pre21 ceding calendar year, in fishing activities or 

22 practices that target or incidentally catch 

23 sharks; and 

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


wwoods2 on PRODPC68 with BILLS
3 

•S 3231 IS

1 of sharks, including measures to prohibit any 

2 removal of the fins of a shark (including the 

3 tail) and discarding the carcass of the shark at 

4 sea, that is comparable to that of the United 

5 States, taking into account different condi6 tions.’’. 

7 (b) AMENDMENT OF MAGNUSON-STEVENS FISHERY

8 CONSERVATION AND MANAGEMENT ACT.—Section 307(1) 

9 of Magnuson-Stevens Fishery Conservation and Manage10 ment Act (16 U.S.C. 1857(1)) is amended— 

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

12 follows: 

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

14 shark (including the tail) at sea; 

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

16 of any shark fin aboard a fishing vessel unless 

17 it is naturally attached to the corresponding 

18 carcass; 

19 ‘‘(iii) to transfer any shark fin from one 

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

21 shark fin in such transfer, without the fin natu22 rally attached to the corresponding carcass; or 

23 ‘‘(iv) to land any shark fin that is not nat24 urally attached to the corresponding carcass, or 


wwoods2 on PRODPC68 with BILLS
4 

•S 3231 IS

1 to land any shark carcass without the fins (in2 cluding the tail) naturally attached;’’; and 

3 (2) by striking the matter following subpara4 graph (R). 

Æ 


wwoods2 on PRODPC68 with BILLS