HR 81 · 111th Congress 2009–2011, ended

Shark Conservation Act of 2009

Latest action · Jan 4, 2011 Became Public Law No: 111-348.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedJan 6, 2009
  2. Passed HouseMar 2, 2009
  3. Passed SenateDec 20, 2010
  4. To the PresidentDec 28, 2010
  5. Became lawJan 4, 2011Public Law 111-348

Summary

(This measure has not been amended since it was passed by the Senate on December 20, 2010. The summary of that version is repeated here.)

Title I: Shark Conservation Act of 2010 - Shark Conservation Act of 2010 - (Sec. 102) Amends the High Seas Driftnet Fishing Moratorium Protection Act to direct the Secretary of Commerce to urge international fishery management organizations to which the United States is a member to adopt shark conservation measures, including measures to prohibit removal any of the fins of a shark (including the tail) and discarding the shark carcass at sea. Requires the Secretary to seek to enter into international shark conservation agreements, including measures prohibiting fin removal and carcass disposal, that are comparable to those of the United States, taking into account different conditions. Directs the Secretary to include shark conservation measures when defining fishing activities that violate international fishery conservation and management agreements. Requires the Secretary to list a nation in the biennial report on international compliance if the nation's fishing vessels are or have been engaged in fishing activities that target or incidentally catch sharks in waters beyond their jurisdiction, and such nation has not adopted a regulatory program providing for shark conservation, including the fin removal and carcass disposal prohibitions. Requires such listing within one year after the enactment of this Act.

(Sec. 103) Amends the Magnuson-Stevens Fishery Conservation and Management Act to revise provisions prohibiting the removal of shark fins to make it a prohibited act to: (1) remove any shark fin (including the tail) at sea; (2) have a fin aboard a fishing vessel unless the fin is naturally attached to the carcass; (3) transfer a fin from one vessel to another or receive a fin unless it is naturally attached; or (4) land a fin that is not naturally attached to a carcass or land a carcass without fins naturally attached. Revises the current rebuttable presumption provision concerning shark fins on fishing vessels to create a rebuttable presumption that, if any shark fin (including the tail) is aboard a non-fishing vessel without being naturally attached, the fin was transferred from a fishing vessel in violation.

(Sec. 104) Decreases authorizations under the Interjurisdictional Fisheries Act of 1986 for FY2011-FY2012.

Title II: International Fisheries Agreement - International Fisheries Agreement Clarification Act - (Sec. 202) Allows the Secretary and the New England Fishery Management Council, for purposes of rebuilding portions of fish stocks covered by the United States-Canada Transboundary Resource Sharing Understanding, to: (1) take into account such Understanding and decisions made under such Understanding when specifying a time period for rebuilding a fishery that is overfished; and (2) consider decisions under such Understanding as management measures under an international agreement in which the United States participates when determining whether a rebuilding may exceed 10 years. Permits the Secretary and the Council to establish catch levels for portions of fish stocks within their respective geographic areas that exceed catch levels otherwise required under the Northeast Multispecies Fishery Management Plan if: (1) overfishing is ended immediately; (2) the fishing mortality level ensures rebuilding within such a rebuilding time period; and (3) such catch levels are consistent with the Understanding.

Title III: Miscellaneous - (Sec. 301) Prohibits from being considered federal employees except for certain specified injury compensation or tort claims liability: (1) Commissioners of the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean, other than officers or employees of the U.S. government; (2) certain advisory committee members; and (3) other specified appointees under the Pacific Whiting Act of 2006. (Current law considers such individuals to be federal employees for: (1) certain injury compensation purposes; (2) ethics, conflicts-of-interest, and corruption requirements; and (3) criminal or civil statutes or regulations governing conduct of federal employees in that capacity.)

(Sec. 302) Decreases the number of scientific experts on the joint technical committee under the Pacific Whiting Act of 2006 to 2 (currently at least 6 but not more than 12).

(Sec. 303) Authorizes the Secretary to promulgate regulations that allow for the replacement or rebuilding of a vessel qualified under specified provisions of the Department of Commerce and Related Agencies Appropriations Act, 2005.

Cosponsors 30

Members who signed on, in the order they did. Signatures ran from Jan 6, 2009 to Mar 2, 2009; 15 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-CAAnna G. EshooOriginalJan 6, 2009
D-CABarbara LeeOriginalJan 6, 2009
D-TXCharles A. GonzalezOriginalJan 6, 2009
D-VIDonna M. ChristensenOriginalJan 6, 2009
D-TXEddie Bernice JohnsonOriginalJan 6, 2009
D-ASEni F. H. FaleomavaegaOriginalJan 6, 2009
D-CAGeorge MillerOriginalJan 6, 2009
R-SCHenry E. Brown, Jr.OriginalJan 6, 2009
D-WAJay InsleeOriginalJan 6, 2009
D-CALois CappsOriginalJan 6, 2009
D-NYMaurice D. HincheyOriginalJan 6, 2009
D-HINeil AbercrombieOriginalJan 6, 2009
D-AZRaúl M. GrijalvaOriginalJan 6, 2009
D-NJRush HoltOriginalJan 6, 2009
D-CASam FarrOriginalJan 6, 2009
D-NJFrank Pallone, Jr.Jan 7, 2009
R-NYPeter T. KingJan 7, 2009
D-WIRon KindJan 8, 2009
D-VAJames P. MoranJan 13, 2009
D-NYGary L. AckermanJan 14, 2009
D-CALynn C. WoolseyJan 26, 2009
D-CAJerry McNerneyFeb 4, 2009
D-CAEllen O. TauscherFeb 9, 2009
D-NVShelley BerkleyFeb 10, 2009
R-VARobert J. WittmanFeb 11, 2009
D-NYNita M. LoweyFeb 13, 2009
D-NYCarolyn B. MaloneyFeb 23, 2009
D-OHDennis J. KucinichFeb 23, 2009
D-HIMazie K. HironoFeb 23, 2009
D-ILJanice D. SchakowskyMar 2, 2009

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseNatural Resources Committee
Referred Jan 6, 2009
Fisheries, Wildlife, Oceans, and Insular Affairs Subcommittee
Referred Feb 4, 2009
SenateCommerce, Science, and Transportation Committee
Referred Mar 3, 2009Discharged Dec 20, 2010

Actions 22

Everything that happened, newest first.

  1. Jan 4, 2011Signed by President.
  2. Jan 4, 2011Became Public Law No: 111-348.
  3. Dec 28, 2010Presented to President.
  4. Dec 21, 2010Ms. Bordallo moved that the House suspend the rules and agree to the Senate amendment. (consideration: CR H8790-8792)
  5. Dec 21, 2010DEBATE - The House proceeded with forty minutes of debate on the motion to concur in the Senate amendment to H.R. 81.

In the Congressional Record 4

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
HouseDebate and remarks H8790–H8792Text printed H8790Amendments H8790Doc Hastings R-WA, Eni F. H. Faleomavaega D-AS, Lois Capps D-CA, Madeleine Z. Bordallo D-GU, Sam Farr D-CADec 21, 2010
SenateDebate and remarks S10795Amendments S10822Harry Reid D-NV, John F. Kerry D-MA (amendment), Olympia J. Snowe R-ME (amendment)Dec 20, 2010
HouseDebate and remarks H2879, H2880Text printed H2879Adrian Smith R-NE, Henry E. Brown, Jr. R-SC, Rush Holt D-NJMar 2, 2009
ExtensionsDebate and remarks E21Madeleine Z. Bordallo D-GUJan 6, 2009

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Printed hearings 1

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
S. Hrg. 111-445THE FISCAL YEAR 2010 BUDGET FOR THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION82 pagesCommerce, Science, and Transportation CommitteeJun 11, 2009

CRS reports 5

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 5

Products on other subjects that cite it, usually among other measures.

Amendments 1

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
SA 4914In the nature of a substitute.John F. Kerry D-MAAmendment SA 4914 agreed to in Senate by Unanimous Consent.

Related bills 1

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 850Shark Conservation Act of 2009Related billFeb 4, 2010

Titles 7

Every title it has carried, official and short, at each stage.

Official Title as Introduced
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.
Short Titles as Introduced
Shark Conservation Act of 2009
Short Titles as Passed House
Shark Conservation Act of 2009
Short Titles as Passed Senate for portions of this bill
International Fisheries Agreement Clarification Act
Shark Conservation Act of 2010
Short Titles as Enacted for portions of this bill
International Fisheries Agreement Clarification Act
Shark Conservation Act of 2010

Subjects

Assigned by the Library of Congress. Policy area: Public Lands and Natural Resources.

Text 5

Each version as it was printed, newest first.

  1. —Enrolled Bill
  2. Dec 20, 2010Engrossed Amendment Senate
  3. Mar 3, 2009Referred in Senate
  4. Mar 2, 2009Engrossed in House
  5. Jan 6, 2009Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.