II
106TH CONGRESS
2D SESSION
H. R. 5461
IN THE SENATE OF THE UNITED STATES
OCTOBER 31 (legislative day, SEPTEMBER 22), 2000
Received
AN ACT
To amend the Magnuson-Stevens Fishery Conservation and
Management Act to eliminate the wasteful and unsports-
manlike practice of shark finning.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 5461 RDS
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Shark Finning Prohi-
bition Act’’.
SEC. 2. PURPOSE.
The purpose of this title is to eliminate shark-finning
by addressing the problem comprehensively at both the na-
tional and international levels.
SEC. 3. PROHIBITION ON REMOVING SHARK FIN AND DIS-
CARDING SHARK CARCASS AT SEA.
Section 307(1) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1857(1))
is amended—
(1) by striking ‘‘or’’ after the semicolon in sub-
paragraph (N);
(2) by striking ‘‘section 302(j)(7)(A).’’ in sub-
paragraph (O) and inserting ‘‘section 302(j)(7)(A);
or’’; and
(3) by adding at the end the following:
‘‘(P)(i) to remove any of the fins of a
shark (including the tail) and discard the car-
cass of the shark at sea;
‘‘(ii) to have custody, control, or possession
of any such fin aboard a fishing vessel without
the corresponding carcass; or
‘‘(iii) to land any such fin without the cor-
responding carcass.
HR 5461 RDS
‘‘For purposes of subparagraph (P) there is a rebut-
table presumption that any shark fins landed from
a fishing vessel or found on board a fishing vessel
were taken, held, or landed in violation of subpara-
graph (P) if the total weight of shark fins landed or
found on board exceeds 5 percent of the total weight
of shark carcasses landed or found on board.’’.
SEC. 4. REGULATIONS.
No later than 180 days after the date of the enact-
ment of this Act, the Secretary of Commerce shall promul-
gate regulations implementing the provisions of section
3076(1)(P) of the Magnuson-Stevens Fishery Conserva-
tion and Management Act (16 U.S.C. 1857(1)(P)), as
added by section 403 of this title.
SEC. 5. INTERNATIONAL NEGOTIATIONS.
The Secretary of Commerce, acting through the Sec-
retary of State, shall—
(1) initiate discussions as soon as possible for
the purpose of developing bilateral or multilateral
agreements with other nations for the prohibition on
shark-finning;
(2) initiate discussions as soon as possible with
all foreign governments which are engaged in, or
which have persons or companies engaged in shark-
finning, for the purposes of—
HR 5461 RDS
(A) collecting information on the nature
and extent of shark-finning by such persons
and the landing or transshipment of shark fins
through foreign ports; and
(B) entering into bilateral and multilateral
treaties with such countries to protect such spe-
cies;
(3) seek agreements calling for an international
ban on shark-finning and other fishing practices ad-
versely affecting these species through the United
Nations, the Food and Agriculture Organization’s
Committee on Fisheries, and appropriate regional
fishery management bodies;
(4) initiate the amendment of any existing
international treaty for the protection and conserva-
tion of species of sharks to which the United States
is a party in order to make such treaty consistent
with the purposes and policies of this section;
(5) urge other governments involved in fishing
for or importation of shark or shark products to ful-
fill their obligations to collect biological data, such
as stock abundance and by-catch levels, as well as
trade data, on shark species as called for in the
1995 Resolution on Cooperation with FAO with Re-
HR 5461 RDS
gard to study on the Status of Sharks and By-Catch
of Shark Species; and
(6) urge other governments to prepare and sub-
mit their respective National Plan of Action for the
Conservation and Management of Sharks to the
2001 session of the FAO Committee on Fisheries, as
set forth in the International Plan of Action for the
Conservation and Management of Sharks.
SEC. 6. REPORT TO CONGRESS.
The Secretary of Commerce, in consultation with the
Secretary of State, shall provide to Congress, by not later
than 1 year after the date of the enactment of this Act,
and every year thereafter, a report which—
(1) includes a list that identifies nations whose
vessels conduct shark-finning and details the extent
of the international trade in shark fins, including es-
timates of value and information on harvesting of
shark fins, and landings or transshipment of shark
fins through foreign ports;
(2) describes the efforts taken to carry out this
title, and evaluates the progress of those efforts;
(3) sets forth a plan of action to adopt inter-
national measures for the conservation of sharks;
and
HR 5461 RDS
(4) includes recommendations for measures to
ensure that United States actions are consistent
with national, international, and regional obligations
relating to shark populations, including those listed
under the Convention on International Trade in En-
dangered Species of Wild Flora and Fauna.
SEC. 7. RESEARCH.
The Secretary of Commerce, subject to the avail-
ability of appropriations authorized by section 410, shall
establish a research program for Pacific and Atlantic
sharks to engage in the following data collection and re-
search:
(1) The collection of data to support stock as-
sessments of shark populations subject to incidental
or directed harvesting by commercial vessels, giving
priority to species according to vulnerability of the
species to fishing gear and fishing mortality, and its
population status.
(2) Research to identify fishing gear and prac-
tices that prevent or minimize incidental catch of
sharks in commercial and recreational fishing.
(3) Research on fishing methods that will en-
sure maximum likelihood of survival of captured
sharks after release.
HR 5461 RDS
(4) Research on methods for releasing sharks
from fishing gear that minimize risk of injury to
fishing vessel operators and crews.
(5) Research on methods to maximize the utili-
zation of, and funding to develop the market for,
sharks not taken in violation of a fishing manage-
ment plan approved under section 303 or of section
307(1)(P) of the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1853,
1857(1)(P)).
(6) Research on the nature and extent of the
harvest of sharks and shark fins by foreign fleets
and the international trade in shark fins and other
shark products.
SEC. 8. WESTERN PACIFIC LONGLINE FISHERIES COOPERA-
TIVE RESEARCH PROGRAM.
The National Marine Fisheries Service, in consulta-
tion with the Western Pacific Fisheries Management
Council, shall initiate a cooperative research program with
the commercial longlining industry to carry out activities
consistent with this title, including research described in
section 407 of this title. The service may initiate such
shark cooperative research programs upon the request of
any other fishery management council.