H.R. 2706 (112th): Billfish Conservation Act of 2012

112th Congress, 2011–2013. Text as of Sep 10, 2012 (Reported by House Committee).

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Union Calendar No. 474

112th CONGRESS

2d Session

H. R. 2706

[Report No. 112–656]

IN THE HOUSE OF REPRESENTATIVES

July 29, 2011

(for himself, Mr. Ross of Arkansas, Mr. Shuler, Mr. Latta, Mr. Duncan of South Carolina, Mr. Wittman, Mr. Boren, Mr. Michaud, and Mr. Bonner) introduced the following bill; which was referred to the Committee on Natural Resources

September 10, 2012

Additional sponsors: Mr. Alexander, Mr. Coble, Mr. Buchanan, Mr. Rooney, Mrs. Napolitano, Mr. Diaz-Balart, Ms. Ros-Lehtinen, Mr. Heinrich, Mr. Harris, Mr. Pierluisi, Mr. Flores, Mr. Young of Alaska, Mr. Southerland, Mr. Landry, Mr. Palazzo, Mr. Rivera, and Mr. Kissell

September 10, 2012

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 July 29, 2011


A BILL

To prohibit the sale of billfish.


1.

Short title

This Act may be cited as the Billfish Conservation Act of 2012.

2.

Findings

Congress finds the following:

(1)

The United States carefully regulates its domestic fisheries for billfish and participates in international fishery management bodies in the Atlantic and Pacific.

(2)

Global billfish populations have declined significantly, however, because of overfishing primarily through retention of bycatch by non-United States commercial fishing fleets.

(3)

Ending the importation of foreign-caught billfish for sale in the United States aligns with U.S. management measures of billfish and protects the significant economic benefits to the U.S. economy of recreational fishing and marine commerce and the traditional cultural fisheries.

3.

Statement of constitutional authority

The Congress enacts this Act pursuant to clause 3 of section 8 of article I of the Constitution.

4.

Prohibition on sale of billfish

(a)

Prohibition

No person shall offer for sale, sell, or have custody, control, or possession of for purposes of offering for sale or selling billfish or products containing billfish.

(b)

Penalty

For purposes of section 308(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858(a)), a violation of this section shall be treated as an act prohibited by section 307 of that Act (16 U.S.C. 1857).

(c)

Exemptions for traditional fisheries and markets

(1)

Subsection (a) does not apply to billfish caught by U.S. vessels and landed in the State of Hawaii or Pacific Insular Areas as defined in section 3(35) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(35)).

(2)

Subsection (a) does not apply to billfish landed by foreign vessels in the Pacific Insular Areas when the foreign caught billfish is exported to non-U.S. markets or retained within the Pacific Insular Areas for local consumption.

(d)

Billfish defined

In this section the term billfish

(1)

means any fish of the species—

(A)

Makaira nigricans (blue marlin);

(B)

Kajikia audax (striped marlin);

(C)

Istiompax indica (black marlin);

(D)

Istiophorus platypterus (sailfish);

(E)

Tetrapturus angustirostris (shortbill spearfish);

(F)

Kajikia albida (white marlin);

(G)

Tetrapturus georgii (roundscale spearfish);

(H)

Tetrapturus belone (Mediterranean spearfish); and

(I)

Tetrapturus pfluegeri (longbill spearfish); and

(2)

does not include the species Xiphias gladius (swordfish).

September 10, 2012

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