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 Pro-
tection Act and the Magnuson-Stevens Fishery Conserva-
tion and Management 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, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Shark Conservation 
Act of 2008’’. 
SEC. 2. AMENDMENT OF HIGH SEAS DRIFTNET FISHING 
MORATORIUM PROTECTION ACT. 
Section 610(a) of the High Seas Driftnet Fishing 
Moratorium Protection Act (16 U.S.C. 1826k(a)) is 
amended— 
(1) by striking so much as precedes paragraph 
(1) and inserting the following: 
‘‘(a) IDENTIFICATION.—The Secretary shall identify, 
and list in the report under section 607— 
‘‘(1) a nation if—’’; 
(2) in paragraph (1) by redesignating subpara-
graphs (A) and (B) as clauses (i) and (ii), respec-
tively; 
(3) by redesignating paragraphs (1) through 
(3) as subparagraphs (A) through (C), respectively; 
(4) by moving subparagraphs (A) through (C) 
(as so redesignated) 2 ems to the right; 
(5) in subparagraph (C) (as so redesignated) by 
striking the period at the end and inserting ‘‘; and’’; 
and 
(6) by adding at the end the following: 
‘‘(2) a nation if— 
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‘‘(A) fishing vessels of that nation are en-
gaged, or have been engaged during the pre-
ceding calendar year, in fishing activities or 
practices that target or incidentally catch 
sharks; and 
‘‘(B) the nation has not adopted a regu-
latory program to provide for the conservation 
of sharks, including measures to prohibit re-
moval 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, taking into account different condi-
tions.’’. 
SEC. 3. AMENDMENT OF MAGNUSON-STEVENS FISHERY 
CONSERVATION AND MANAGEMENT ACT. 
Section 307(1) of Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1857(1)) is 
amended— 
(1) by amending subparagraph (P) to read as 
follows: 
‘‘(P)(i) to remove any of the fins of a 
shark (including the tail) at sea; 
‘‘(ii) to have custody, control, or possession 
of any such fin aboard a fishing vessel unless 
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it is naturally attached to the corresponding 
carcass; 
‘‘(iii) to transfer any such fin from one 
vessel to another vessel at sea, or to receive any 
such fin in such transfer, without the fin natu-
rally attached to the corresponding carcass; or 
‘‘(iv) to land any such fin that is not natu-
rally attached to the corresponding carcass, or 
to land any shark carcass without such fins 
naturally attached;’’; and 
(2) by striking the matter following subpara-
graph (R) and inserting the following: 
‘‘For purposes of subparagraph (P), there shall be 
a rebuttable presumption that if any shark fin (in-
cluding the tail) is found aboard a vessel, other than 
a fishing vessel, without being naturally attached to 
the corresponding carcass, such fin was transferred 
in violation of subparagraph (P)(iii) and that if, 
after landing, the total weight of shark fins (includ-
ing the tail) landed from any vessel exceeds five per-
cent of the total weight of shark carcasses landed, 
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