Shark Conservation Act of 2009
PL 111-348 (H.R.81), enacted 01/04/2011

124 STAT. 3668 
PUBLIC LAW 111–348—JAN. 4, 2011 
Public Law 111–348 
111th Congress 
An Act 
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. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Table of contents. 
TITLE I—SHARK CONSERVATION ACT OF 2010 
Sec. 101. Short title. 
Sec. 102. Amendment of the High Seas Driftnet Fishing Moratorium Protection 
Act. 
Sec. 103. Amendment of Magnuson-Stevens Fishery Conservation and Management 
Act. 
Sec. 104. Offset of implementation cost. 
TITLE II—INTERNATIONAL FISHERIES AGREEMENT 
Sec. 201. Short title. 
Sec. 202. International Fishery Agreement. 
Sec. 203. Application with other laws. 
Sec. 204. Effective date. 
TITLE III—MISCELLANEOUS 
Sec. 301. Technical corrections to the Western and Central Pacific Fisheries Con-
vention Implementation Act. 
Sec. 302. Pacific Whiting Act of 2006. 
Sec. 303. Replacement vessel. 
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 MORATO-
RIUM PROTECTION ACT. 
(a) ACTIONS TO STRENGTHEN INTERNATIONAL FISHERY MANAGE-
MENT 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 
16 USC 1801 
note. 
Shark 
Conservation Act 
of 2010. 
Jan. 4, 2011 
[H.R. 81] 
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124 STAT. 3669 
PUBLIC LAW 111–348—JAN. 4, 2011 
(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 discarding the carcass of the shark 
at sea;’’; 
(2) in paragraph (2), by striking ‘‘and’’ at the end; 
(3) by redesignating paragraph (3) as paragraph (4); and 
(4) by inserting after paragraph (2) the following: 
‘‘(3) seeking to enter into international agreements 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 discarding the carcass of the shark 
at sea, that are comparable to those of the United States, 
taking into account different conditions; and’’. 
(b) ILLEGAL, UNREPORTED, 
OR
UNREGULATED
FISHING.— 
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 reduction require-
ments’’; and 
(2) by striking the semicolon at the end and inserting 
‘‘, 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)— 
(i) by redesignating subparagraphs (A) and (B) 
as clauses (i) and (ii), respectively; and 
(ii) by moving clauses (i) and (ii) (as so redesig-
nated) 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 redesig-
nated) the following: 
‘‘(1) a nation if—’’; 
(F) in subparagraph (C) (as so redesignated) by striking 
the period at the end and inserting ‘‘; and’’; and 
(G) by adding at the end the following: 
‘‘(2) a nation if— 
‘‘(A) fishing vessels of that nation are engaged, or have 
been engaged during the preceding calendar year, in fishing 
activities or practices in waters beyond any national juris-
diction that target or incidentally catch sharks; and 
‘‘(B) the nation has not adopted 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, 
taking into account different conditions.’’. 
(2) INITIAL IDENTIFICATIONS.—The Secretary of Commerce 
shall begin making identifications under paragraph (2) of sec-
tion 610(a) of the High Seas Driftnet Fishing Moratorium 
Deadline. 
16 USC 1826k 
note. 
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124 STAT. 3670 
PUBLIC LAW 111–348—JAN. 4, 2011 
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 CONSERVA-
TION 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 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 naturally attached to the corresponding 
carcass; or 
‘‘(iv) to land any such fin that is not naturally attached 
to the corresponding carcass, or to land any shark carcass 
without such fins naturally attached;’’; and 
(2) by striking the matter following subparagraph (R) and 
inserting the following: 
‘‘For purposes of subparagraph (P), there shall be a rebuttable 
presumption that if any shark fin (including 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 attached’, with respect to a shark fin, means 
attached to the corresponding shark carcass through some por-
tion of uncut skin.’’. 
(b) SAVINGS CLAUSE.— 
‘‘(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 commercial 
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 Fishery 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). 
16 USC 1857 
note. 
Definition. 
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124 STAT. 3671 
PUBLIC LAW 111–348—JAN. 4, 2011 
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.’’ and inserting 
‘‘2010, and $2,500,000 for each of fiscal years 2011 and 2012.’’. 
TITLE II—INTERNATIONAL FISHERIES 
AGREEMENT 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘International Fisheries Agree-
ment Clarification Act’’. 
SEC. 202. INTERNATIONAL FISHERY AGREEMENT. 
Consistent with the intent of provisions of the Magnuson-Ste-
vens Fishery and Conservation and Management Act relating to 
international agreements, the Secretary of Commerce and the New 
England Fishery Management Council may, for the purpose of 
rebuilding those portions of fish stocks covered by the United States- 
Canada Transboundary Resource Sharing Understanding on the 
date of enactment of this Act— 
(1) take into account the Understanding and decisions made 
under that Understanding in the application of section 
304(e)(4)(A)(i) of the Act (16 U.S.C. 1854(e)(4)(A)(i)); 
(2) consider decisions made under that Understanding as 
‘‘management measures under an international agreement’’ 
that ‘‘dictate otherwise’’ for purposes of section 304(e)(4)(A)(ii) 
of the Act (16 U.S.C. 1854(e)(4)(A)(ii); and 
(3) establish catch levels for those portions of fish stocks 
within their respective geographic areas covered by the Under-
standing on the date of enactment of this Act that exceed 
the catch levels otherwise required under the Northeast Multi-
species Fishery Management Plan if— 
(A) overfishing is ended immediately; 
(B) the fishing mortality level ensures rebuilding 
within a time period for rebuilding specified taking into 
account the Understanding pursuant to paragraphs (1) and 
(2) of this subsection; and 
(C) such catch levels are consistent with that Under-
standing. 
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. 
(b) SPECIAL RULE.—Section 202(3)(B) shall only apply with 
respect to fishing years beginning after April 30, 2012. 
Applicability. 
16 USC 1854 
note. 
16 USC 1854 
note. 
16 USC 1854 
note. 
16 USC 1854 
note. 
International 
Fisheries 
Agreement 
Clarification Act. 
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124 STAT. 3672 
PUBLIC LAW 111–348—JAN. 4, 2011 
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 Fisheries 
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 employees of the United 
States Government, 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.’’; and 
(3) by striking subsection (d)(2)(B)(ii) and inserting the 
following: 
‘‘(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’’ inserting ‘‘no more than 2’’. 
(b) EMPLOYMENT STATUS.—Section 609(a) of the Pacific 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 pur-
poses 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 Secretary of 
Commerce may promulgate regulations that allow for the replace-
ment or rebuilding of a vessel qualified under subsections (a)(7) 
and (g)(1)(A) of section 219 of the Department of Commerce and 
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124 STAT. 3673 
PUBLIC LAW 111–348—JAN. 4, 2011 
LEGISLATIVE HISTORY—H.R. 81 (S. 850): 
SENATE REPORTS: No. 111–124 (Commerce, Science and Transportation) accom-
panying S. 850. 
CONGRESSIONAL RECORD: 
Vol. 155 (2009): Mar. 2, considered and passed House. 
Vol. 156 (2010): Dec. 20, considered and passed Senate, amended. 
Dec. 21, House concurred in Senate amendment. 
Related Agencies Appropriations Act, 2005 (Public Law 108–447; 
188 Stat. 886–891). 
Approved January 4, 2011. 
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