< Back to H.R. 5741 (110th Congress, 2007–2009)

Text of the Shark Conservation Act of 2008

This bill was introduced in a previous session of Congress and was passed by the House on July 8, 2008 but was never passed by the Senate. The text of the bill below is as of Jul 8, 2008 (Reported by House Committee).

This is not the latest text of this bill.

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IB

Union Calendar No. 471

110th CONGRESS

2d Session

H. R. 5741

[Report No. 110–740]

IN THE HOUSE OF REPRESENTATIVES

April 9, 2008

(for herself, Mr. Faleomavaega, Mr. Abercrombie, Mr. Farr, Mr. Pallone, Mr. Hinchey, Mrs. Christensen, and Mr. Gonzalez) introduced the following bill; which was referred to the Committee on Natural Resources

July 8, 2008

Additional sponsors: Mr. Waxman, Mr. Allen, Mrs. Capps, Mr. Gilchrest, Mr. Grijalva, Mr. Inslee, and Ms. Lee

July 8, 2008

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Strike out all after the enacting clause and insert the part printed in italic

For text of introduced bill, see copy of bill as introduced on April 9, 2008

A BILL

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.

1.

Short title

This Act may be cited as the Shark Conservation Act of 2008.

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 subparagraphs (A) and (B) as clauses (i) and (ii), respectively;

(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—

(A)

fishing vessels of that nation are engaged, or have been engaged during the preceding calendar year, in fishing activities or practices that target or incidentally catch sharks; and

(B)

the nation has not adopted a regulatory program to provide for the conservation of sharks, including measures to prohibit removal 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.

.

3.

Amendment of Magnuson-Stevens Fishery Conservation and Management Act

Section 307(1) of Magnuson-Stevens Fishery Conservation 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 shark fin aboard a fishing vessel unless it is naturally attached to the corresponding carcass;

(iii)

to transfer any shark fin from one vessel to another vessel at sea, or to receive any shark fin in such transfer, without the fin naturally attached to the corresponding carcass; or

(iv)

to land any shark fin that is not naturally attached to the corresponding carcass, or to land any shark carcass without the fins (including the tail) naturally attached;

; and

(2)

by striking the matter following subparagraph (R).

July 8, 2008

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed