I 
115TH CONGRESS 
2D SESSION 
H. R. 5248 
To amend and enhance the High Seas Driftnet Fishing Moratorium 
Protection Act to improve the conservation of sharks. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 13, 2018 
Mr. WEBSTER of Florida (for himself, Mr. TED LIEU of California, Mr. 
POSEY, Mr. JONES, Mr. CLAY, Mr. SOTO, and Mr. BILIRAKIS) introduced 
the following bill; which was referred to the Committee on Natural Re-
sources, and in addition to the Committee on Ways and Means, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To amend and enhance the High Seas Driftnet Fishing Mor-
atorium Protection Act to improve the conservation of 
sharks. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Sustainable Shark 
Fisheries and Trade Act’’. 
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SEC. 2. PURPOSE. 
The purpose of this Act is to establish a certification 
process to ensure that foreign nations engaging in shark 
trade into or through the United States conserve and man-
age populations of sharks in a manner that is comparable 
to regulatory programs in the United States and that ef-
fectively prohibits the practice of removing shark fins and 
discarding the carcass at sea. 
SEC. 3. SHARK CONSERVATION AND TRADE FAIRNESS CER-
TIFICATION. 
Section 610 of the High Seas Driftnet Fishing Mora-
torium Protection Act (16 U.S.C. 1826k) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘and’’ 
after the semicolon at the end; 
(B) in paragraph (2), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(3) a nation if— 
‘‘(A) that nation or any individual or entity 
has imported shark products into the United 
States or seeks to import shark products into 
the United States; and 
‘‘(B) the nation has not sought and ob-
tained, by not later than the effective date of 
subsection (g)(1), a certification from the Sec-
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retary under that subsection that the nation 
has in effect a regulatory program to provide 
for the conservation of sharks, including meas-
ures to prohibit removal of any of the fins of 
a shark (including the tail) and discarding the 
carcass of the shark at sea, that is comparable 
to that of the United States.’’; 
(2) in subsection (b), in paragraphs (2) and 
(3), by striking ‘‘subsection (a)’’ each place it ap-
pears and inserting ‘‘subsection (a)(1)’’; 
(3) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘sub-
section (a)’’ and inserting ‘‘subsection (a)(1)’’; 
and 
(B) by adding at the end the following: 
‘‘(6) APPLICABILITY TO CERTAIN COUNTRIES.— 
This subsection does not apply to a nation identified 
under subsection (a)(3).’’; 
(4) in subsection (d)— 
(A) in paragraph (1), by inserting ‘‘or 
(g)’’after ‘‘under subsection (c)’’; and 
(B) in paragraph (3), by inserting ‘‘or (g)’’ 
after ‘‘under subsection (c)’’; and 
(5) by adding at the end the following: 
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‘‘(g) SHARK CONSERVATION AND TRADE FAIRNESS 
CERTIFICATION.— 
‘‘(1) PROHIBITION ON IMPORTATION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), shark products shall not be 
imported into the United States unless the 
shark products are of a species of shark that 
were landed in a nation to which the Secretary 
has granted a certification or partial certifi-
cation for such species under paragraph (2). 
‘‘(B) 
EXCEPTIONS.—Subparagraph 
(A) 
shall not apply to shark products that are— 
‘‘(i) traded, owned, held, or otherwise 
possessed by an employee or agent of a 
governmental agency for law enforcement 
purposes; 
‘‘(ii) used for noncommercial subsist-
ence purposes in accordance with Federal, 
State, tribal, or territorial law; 
‘‘(iii) used solely for display, edu-
cation, conservation, or research purposes, 
by an accredited zoo, aquarium, museum, 
college, or university; or 
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‘‘(iv) used by any other person under 
a State or Federal permit to conduct non- 
commercial scientific research. 
‘‘(2) CERTIFICATIONS.—Pursuant to the regu-
lations promulgated under paragraphs (3) and (5), 
the Secretary— 
‘‘(A) shall grant a certification to any na-
tion that has adopted and effectively enforces 
regulatory programs to provide for the con-
servation and management of sharks, and 
measures to prohibit shark finning, that are 
comparable to those of the United States; and 
‘‘(B) may grant a partial certification for 
one or more specific species of shark to a na-
tion if the Secretary determines that such na-
tion— 
‘‘(i) has adopted and effectively en-
forces regulatory programs that are com-
parable to the regulatory programs of the 
United States to provide for the conserva-
tion and management of such species im-
ported into the United States or used to 
produce the shark products imported into 
the United States; and 
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‘‘(ii) has in effect an effective ban on 
shark finning, that is comparable to that 
of the United States. 
‘‘(3) EXPIRATION; RENEWAL.—A certification 
or partial certification issued under this sub-
section— 
‘‘(A) shall be effective for no more than 
three years after the date of issuance; and 
‘‘(B) may be renewed in accordance with 
the provisions of this subsection relating to the 
initial issuance of the certification. 
‘‘(4) CERTAIN
DETERMINATIONS.—The Sec-
retary shall make a determination with respect to 
whether to renew under paragraph (3) or revoke 
pursuant to paragraph (5)(A)(ii) a certification or 
partial certification issued under this subsection, by 
not later than 180 days after the submission of the 
application for renewal or the petition for revocation, 
respectively. 
‘‘(5) REGULATIONS.— 
‘‘(A) IN GENERAL.—Not later than 2 years 
after the date of the enactment of the Sustain-
able Shark Fisheries and Trade Act, the Sec-
retary shall prescribe regulations under chapter 
5 of title 5, United States Code, governing the 
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submission, evaluation, revocation, and renewal 
of applications for certifications and partial cer-
tifications under paragraph (2). 
‘‘(B) CONTENT
OF
REGULATIONS.—Such 
regulations shall— 
‘‘(i) prescribe the content and format 
of applications and standards for informa-
tion to be provided in such applications; 
and 
‘‘(ii) establish a process for petitioning 
the Secretary for revocation of the certifi-
cation or partial certification of any nation, 
including standards for the information re-
quired to be provided to demonstrate that 
the nation no longer meets the criteria es-
tablished under this paragraph for the cer-
tification. 
‘‘(C) CRITERIA
FOR
CERTIFICATION
OR 
PARTIAL CERTIFICATION.—The regulations pro-
mulgated under subparagraph (A) shall estab-
lish criteria for determining whether a nation 
has and effectively enforces regulatory pro-
grams for the conservation and management of 
sharks, and measures to prohibit shark finning, 
that are comparable to those of the United 
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States, including, at a minimum, a requirement 
that such programs— 
‘‘(i) be consistent with the national 
standards for fishery conservation and 
management set forth in section 301(a) of 
the Magnuson-Stevens Conservation and 
Management Act (16 U.S.C. 1851(a)); 
‘‘(ii) provide for regularly updated 
management plans, scientifically estab-
lished catch limits, and bycatch assess-
ments and minimization; 
‘‘(iii) include a program to prevent 
overfishing 
and 
to 
rebuild 
overfished 
stocks; 
‘‘(iv) require reporting and data col-
lection; 
‘‘(v) be consistent with the Inter-
national Plan of Action for Conservation 
and Management of Sharks of the United 
Nations Food and Agriculture Organiza-
tion; and 
‘‘(vi) include a mechanism to ensure 
that, if the nation allows landings of 
sharks by foreign vessels that are not sub-
ject to such programs of such nation, only 
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shark products that comply with such pro-
grams are exported to the United States. 
‘‘(6) PUBLICATION; PUBLIC
COMMENT.—The 
Secretary shall— 
‘‘(A) publish in the Federal Register notice 
of applications, petitions, and decisions with re-
spect to certifications, renewal of certifications, 
or revocation of certifications under this sub-
section; and 
‘‘(B) provide an opportunity for public 
comment with respect to such applications, peti-
tions, and decisions. 
‘‘(7) FINAL AGENCY ACTION.—A decision of the 
Secretary with respect to the issuance, renewal, or 
revocation of a certification or partial certification 
under this subsection, and a failure to make a deter-
mination required under paragraph (4), shall be con-
sidered a final agency action for the purposes of 
chapter 7 of title 5, United States Code. 
‘‘(8) EFFECTIVE
DATE.—Paragraph (1) shall 
take effect on the earlier of— 
‘‘(A) the date on which regulations are 
issued under paragraph (5); or 
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