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TITLE I—SHARK CONSERVATION 
ACT OF 2010 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Shark Conservation Act 
of 2010’’. 
SEC. 102. AMENDMENT OF HIGH SEAS DRIFTNET FISHING 
MORATORIUM PROTECTION ACT. 
(a) ACTIONS TO STRENGTHEN INTERNATIONAL FISH-
ERY MANAGEMENT ORGANIZATIONS.—Section 608 of the 
High Seas Driftnet Fishing Moratorium Protection Act (16 
U.S.C. 1826i) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (D), by striking ‘‘and’’ 
at the end; 
(B) in subparagraph (E), by inserting 
‘‘and’’ after the semicolon; and 
(C) by adding at the end the following: 
‘‘(F) to adopt shark conservation measures, 
including measures to prohibit removal of any of 
the fins of a shark (including the tail) and dis-
carding the carcass of the shark at sea;’’; 
(2) in paragraph (2), by striking ‘‘and’’ at the 
end; 
(3) by redesignating paragraph (3) as para-
graph (4); and
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(4) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) seeking to enter into international agree-
ments that require measures for the conservation of 
sharks, including measures to prohibit removal of any 
of the fins of a shark (including the tail) and dis-
carding the carcass of the shark at sea, that are com-
parable to those of the United States, taking into ac-
count different conditions; and’’. 
(b) ILLEGAL, UNREPORTED, OR UNREGULATED FISH-
ING.—Subparagraph (A) of section 609(e)(3) of the High 
Seas Driftnet Fishing Moratorium Protection Act (16 
U.S.C. 1826j(e)(3)) is amended— 
(1) by striking the ‘‘and’’ before ‘‘bycatch reduc-
tion requirements’’; and 
(2) by striking the semicolon at the end and in-
serting ‘‘, and shark conservation measures;’’. 
(c) EQUIVALENT CONSERVATION MEASURES.— 
(1) IDENTIFICATION.—Subsection (a) of section 
610 of the High Seas Driftnet Fishing Moratorium 
Protection Act (16 U.S.C. 1826k) is amended— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘607, a nation if—’’ and inserting 
‘‘607—’’; 
(B) in paragraph (1)—
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(i) by redesignating subparagraphs (A) 
and (B) as clauses (i) and (ii), respectively; 
and 
(ii) by moving clauses (i) and (ii) (as 
so redesignated) 2 ems to the right; 
(C) 
by 
redesignating 
paragraphs 
(1) 
through (3) as subparagraphs (A) through (C), 
respectively; 
(D) by moving subparagraphs (A) through 
(C) (as so redesignated) 2 ems to the right; 
(E) by inserting before subparagraph (A) 
(as so redesignated) the following: 
‘‘(1) a nation if—’’; 
(F) in subparagraph (C) (as so redesig-
nated) by striking the period at the end and in-
serting ‘‘; and’’; and 
(G) by adding at the end the following: 
‘‘(2) a nation if— 
‘‘(A) fishing vessels of that nation are en-
gaged, or have been engaged during the preceding 
calendar year, in fishing activities or practices 
in waters beyond any national jurisdiction that 
target or incidentally catch sharks; and 
‘‘(B) the nation has not adopted a regu-
latory program to provide for the conservation of
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sharks, including measures 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, 
taking into account different conditions.’’. 
(2) INITIAL IDENTIFICATIONS.—The Secretary of 
Commerce shall begin making identifications under 
paragraph (2) of section 610(a) of the High Seas 
Driftnet Fishing Moratorium Protection Act (16 
U.S.C. 1826k(a)), as added by paragraph (1)(G), not 
later than 1 year after the date of the enactment of 
this Act. 
SEC. 103. AMENDMENT OF MAGNUSON-STEVENS FISHERY 
CONSERVATION AND MANAGEMENT ACT. 
(a) IN GENERAL.—Paragraph (1) of section 307 of 
Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1857) 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 it 
is naturally attached to the corresponding car-
cass;
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‘‘(iii) to transfer any such fin from one ves-
sel to another vessel at sea, or to receive any such 
fin in such transfer, without the fin naturally 
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 natu-
rally 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 (includ-
ing 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) or that if, after 
landing, the total weight of shark fins (including the 
tail) landed from any vessel exceeds five percent of the 
total weight of shark carcasses landed, such fins were 
taken, held, or landed in violation of subparagraph 
(P). In such subparagraph, the term ‘naturally at-
tached’, with respect to a shark fin, means attached 
to the corresponding shark carcass through some por-
tion of uncut skin.’’. 
(b) SAVINGS CLAUSE.—
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‘‘(1) IN GENERAL.—The amendments made by 
subsection (a) do not apply to an individual engaged 
in commercial fishing for smooth dogfish (Mustelus 
canis) in that area of the waters of the United States 
located shoreward of a line drawn in such a manner 
that each point on it is 50 nautical miles from the 
baseline of a State from which the territorial sea is 
measured, if the individual holds a valid State com-
mercial fishing license, unless the total weight of 
smooth dogfish fins landed or found on board a vessel 
to which this subsection applies exceeds 12 percent of 
the total weight of smooth dogfish carcasses landed or 
found on board. 
(2) DEFINITIONS.—In this subsection: 
(A) 
COMMERCIAL
FISHING.—The 
term 
‘‘commercial fishing’’ has the meaning given that 
term in section 3 of the Magnuson-Stevens Fish-
ery Conservation and Management Act (16 
U.S.C. 1802). 
(B) STATE.—The term ‘‘State’’ has the 
meaning given that term in section 803 of Public 
Law 103–206 (16 U.S.C. 5102). 
SEC. 104. OFFSET OF IMPLEMENTATION COST. 
Section 308(a) of the Interjurisdictional Fisheries Act 
of 1986 (16 U.S.C. 4107(a)) is amended by striking ‘‘2012.’’
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(3) establish catch levels for those portions of fish 
stocks within their respective geographic areas covered 
by the Understanding on the date of enactment of this 
Act that exceed the catch levels otherwise required 
under the Northeast Multispecies Fishery Manage-
ment Plan if— 
(A) overfishing is ended immediately; 
(B) the fishing mortality level ensures re-
building within a time period for rebuilding 
specified taking into account the Understanding 
pursuant to paragraphs (1) and (2) of this sub-
section; and 
(C) such catch levels are consistent with 
that Understanding. 
SEC. 203. APPLICATION WITH OTHER LAWS. 
Nothing in this title shall be construed to amend the 
Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1851 et seq.) or to limit or otherwise alter 
the authority of the Secretary of Commerce under that Act 
concerning other species. 
SEC. 204. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as provided in subsection 
(b), section 202 shall apply with respect to fishing years 
beginning after April 30, 2010.
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(b) SPECIAL RULE.—Section 202(3)(B) shall only 
apply with respect to fishing years beginning after April 
30, 2012. 
TITLE III—MISCELLANEOUS 
SEC. 301. TECHNICAL CORRECTIONS TO THE WESTERN AND 
CENTRAL PACIFIC FISHERIES CONVENTION 
IMPLEMENTATION ACT. 
Section 503 of the Western and Central Pacific Fish-
eries Convention Implementation Act (16 U.S.C. 6902) is 
amended— 
(1) by striking ‘‘Management Council and’’ in 
subsection (a) and inserting ‘‘Management Council, 
and one of whom shall be the chairman or a member 
of’’; 
(2) by striking subsection (c)(1) and inserting 
the following: 
‘‘(1) EMPLOYMENT STATUS.—Individuals serving 
as such Commissioners, other than officers or employ-
ees of the United States Government, shall not be con-
sidered Federal employees except for the purposes of 
injury compensation or tort claims liability as pro-
vided in chapter 81 of title 5, United States Code, 
and chapter 171 of title 28, United States Code.’’; and 
(3) by striking subsection (d)(2)(B)(ii) and in-
serting the following:
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‘‘(ii) shall not be considered Federal 
employees except for the purposes of injury 
compensation or tort claims liability as 
provided in chapter 81 of title 5, United 
States Code, and chapter 171 of title 28, 
United States Code.’’. 
SEC. 302. PACIFIC WHITING ACT OF 2006. 
(a) SCIENTIFIC EXPERTS.—Section 605(a)(1) of the 
Pacific Whiting Act of 2006 (16 U.S.C. 7004(a)(1)) is 
amended by striking ‘‘at least 6 but not more than 12’’ in-
serting ‘‘no more than 2’’. 
(b) EMPLOYMENT STATUS.—Section 609(a) of the Pa-
cific Whiting Act of 2006 (16 U.S.C. 7008(a)) is amended 
to read as follows: 
‘‘(a) EMPLOYMENT STATUS.—Individuals appointed 
under section 603, 604, 605, or 606 of this title, other than 
officers or employees of the United States Government, shall 
not be considered to be Federal employees while performing 
such service, except for purposes of injury compensation or 
tort claims liability as provided in chapter 81 of title 5, 
United States Code, and chapter 171 of title 28, United 
States Code.’’. 
SEC. 303. REPLACEMENT VESSEL. 
Notwithstanding any other provision of law, the Sec-
retary of Commerce may promulgate regulations that allow
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for the replacement or rebuilding of a vessel qualified under 
subsections (a)(7) and (g)(1)(A) of section 219 of the De-
partment of Commerce and Related Agencies Appropria-
tions Act, 2005 (Public Law 108–447; 188 Stat. 886–891). 
Attest: 
Secretary.