Shark Conservation Act
House Committee on Natural Resources |
The Shark Conservation Act of 2009 (SCA) (H.R. 81, S. 850) was passed by the 111th United States Congress that amended the High Seas Driftnet Fishing Moratorium Protection Act and the Magnuson–Stevens Fishery Conservation and Management Act to improve the conservation of sharks. The bill was approved by the House of Representatives on March 2, 2009 by voice vote. It was taken up by the Senate and amended to incorporate further changes to Magnuson-Stevens, known as the International Fisheries Agreement Clarification Act.[1] The Senate passed the amended bill as the Shark Conservation Act of 2010 on December 20, 2010 by unanimous consent, and the next day the House accepted the amendment, again by voice vote. The bill was signed into law by President Barack Obama on January 4, 2011.[2]
A decade earlier, the
The act protects all shark species, with an exception for commercial fishing of
Background
In 2000, Congress had passed its first legislation addressing shark finning, the
In August 2002, the
The King Diamond II was escorted to
Draft provisions
In its draft form, the bill eliminated entirely the fins-to-carcass ratio that was established by the Shark Finning Prohibition Act (SFPA), and replaced it with language forbidding any U.S.-flagged vessel (not just fishing vessels) from carrying "any [shark] fin that is not naturally attached to the corresponding carcass", mirroring a law already adopted by Hawaii. In addition, it required that the Secretary of Commerce include in a bienniel report on the enforcement of the law the names of nations which had not made significant efforts to stop shark finning.[11]
Legislative history
The original bill, the Shark Conservation Act of 2008 (H.R. 5741), was introduced in May 2008 by Del. Madeleine Bordallo (D-GU). It was referred to the Natural Resources Committee, and then to its Subcommittee on Fisheries, Wildlife and Oceans, chaired by Bordallo. Hearings were held a week later.
In his report on the bill, Natural Resources Committee Chair Nick Rahall explicitly stated that its primary purpose was to close a loophole in the SFPA that had been successfully exploited in its first test case. When that bill was passed in 2000, he noted, Delegate Eni Faleomavaega (D-AS) had raised the question of exactly the sort of transshipment the KD II had been engaged in. Faleomavaega had introduced an amendment to that bill banning the possession of the fins without the carcasses by fishing vessels, and the landing of same by any vessel. "With this amendment," Rahall wrote, "the Committee assumed that finning, as well as transshipment, would be successfully prohibited". Specifically, the SFPA was an amendment to the Magnuson–Stevens Act, which defined fishing vessels to include those "aiding or assisting ... in the performance of any activity relating to fishing, including, but not limited to, ... transportation."[12] The SFPA had failed, however, to adequately cover a scenario involving the sale and transfer of fins while on the high seas.
In June, the subcommittee met to
Bordallo reintroduced it, as amended, as the Shark Conservation Act of 2009
The Senate report, by Jay Rockefeller of West Virginia, reiterated that "The bill would clarify in statute what was already popularly understood to be the scope of application of the SFPA" prior to the case, but did not otherwise make any commentary regarding it.[18] A group of shark attack survivors visited senators' offices to lobby for the bill in July.[19]
It remained in committee for over a year. In late September, it was placed on the Senate's
In late December, near the end of the session, it was finally discharged from the committee by unanimous consent, and passed with an amendment the same way. The next day the House accepted the Senate amendment and passed the revised bill by voice vote. President Barack Obama signed it into law in January 2011.[16]
Final provisions
With respect to the Magnuson–Stevens Act, this Act in its final form replaced the SFPA entirely, and made it illegal:
- to remove any of the fins of a shark (including the tail) at sea;
- to have custody, control, or possession of any such fin aboard a fishing vessel unless it is naturally attached to the corresponding carcass;
- 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
- 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.
It further defined the term ‘naturally attached’ to mean "attached to the corresponding shark carcass through some portion of uncut skin". For non-fishing vessels found carrying detached fins, they are presumed to have been transferred in violation of the Act, unless they can prove otherwise (e.g. that the sharks were properly landed and processed before being re-shipped). Finally, a violation is also presumed if, after landing & processing, the weight of fins and tails exceeds 5% of the total weight of carcasses that were landed.
The Act protects all shark species, with an exception for commercial fishing of
- the vessel holds a valid commercial fishing license issued by that state, and
- the total weight of smooth dogfish fins landed or found on board a vessel must not exceed 12 percent of the total weight of smooth dogfish carcasses landed or found on board.[21]
Support for the act
On July 15, 2009, a group of shark bite victims visited 25 senators and asked the lawmakers to protect sharks and support the act and end shark finning, where a shark's fins are cut off and the body is discarded.[19]
Legislative summary
Congress | Short title | Bill number(s) | Date introduced | Sponsor(s) | # of cosponsors | Latest status |
---|---|---|---|---|---|---|
111th Congress
|
Shark Conservation Act of 2009 | H.R. 81 | January 6, 2009 | Del. Madeleine Bordallo (D-GU) | 30 | Passed unanimously in House. |
S. 850 | April 22, 2009 | Sen. John Kerry (D-MA) | 33 | Reported out of the Commerce, Science, and Transportation Committee unanimously.
|
References
- ^ a b "H.R.81, Titles", THOMAS Bill Summary & Status 111th Congress (2009 - 2010), Library of Congress
- ^ H.R. 81: Shark Conservation Act of 2009 (GovTrack.us):
- ^ US Shark Conservation Act of 2010 Archived 2010-12-10 at the Wayback Machine.
- ^ Restuccia, Andrew (January 5, 2011). "Obama signs two energy/environment bills into law". The Hill. Archived from the original on January 8, 2011. Retrieved Jan 5, 2011.
- PMID 16972875.
- ^ Nicholas Bakalar (2006-10-12). "38 Million Sharks Killed for Fins Annually, Experts Estimate". National Geographic. Archived from the original on November 5, 2006. Retrieved 8 January 2012.
- Discovery News. Retrieved 2009-11-20.
- ^ Jha, Alok (2009-06-25). "Fishing puts a third of all oceanic shark species at risk of extinction". The Guardian. Retrieved 2009-07-16.
- ^ Raloff, Janet. "No Way to Make Soup—Thirty-two tons of contraband shark fins seized on the high seas". Science News. Retrieved March 25, 2012.
- ^ United States v. Approximately 64,695 Pounds of Shark Fins, 520 F.3d 976, (9th Cir., 2008).
- ^ Rahall, Rep. Nick (8 July 2008). "Report 100-740, Shark Conservation Act of 2008" (PDF). United States House Committee on Natural Resources. p. 5. Retrieved 1 April 2012.
- ^ Rahall (2008), p. 3.
- ^ Rahall (2008), p. 5.
- ^ "Bill Summary & Status, 110th Congress (2007 - 2008), H.R.5741: Major Congressional Actions". THOMAS. Library of Congress. Archived from the original on October 9, 2014. Retrieved March 27, 2012.
- ^ "Bill Summary & Status, 110th Congress (2007 - 2008), S.3231: Major Congressional Actions". THOMAS. Library of Congress. Archived from the original on November 18, 2008. Retrieved March 27, 2012.
- ^ a b "Bill Summary & Status, 111th Congress (2009 - 2010), H.R.81: Major Congressional Actions". THOMAS. Library of Congress. Archived from the original on September 4, 2015. Retrieved March 27, 2012.
- ^ "Bill Summary & Status, 111th Congress (2009 - 2010), S.850: Major Congressional Actions". THOMAS. Library of Congress. Archived from the original on July 4, 2016. Retrieved March 27, 2012.
- ^ Rockefeller, John D. IV; "Report of the Committee on Commerce, Science and Transportation on S. 850" (PDF).; February 4, 2010; p. 6; retrieved March 27, 2012
- ^ a b Kerley, David (July 15, 2009). "The Shark Lobby: Survivors Descend on Washington". ABC News. Retrieved March 27, 2012.
- The Huffington Post. Retrieved March 27, 2012.
- ^ "Full Text of H.R. 81" (PDF). One Hundred Eleventh Congress of the United States of America. 2010. Retrieved 3 April 2012.
- The Humane Society of the United States. 23 April 2009. Retrieved 2 April 2012.