,i #aafth ,,congress #ast ,session ,h4 ,r4 #ghh ,,in ,,the ,,house ,,of ,,representatives ,january #bd1 #bjai,mr4 ,webster of ,florida 7for himself1 ,mr4 ,ted ,lieu of ,california1 ,mr4 ,young1 ,mr4 ,serrano1 ,mr4 ,fortenberry1 ,mr4 ,rodney ,davis of ,illinois1 ,mr4 ,king of ,new ,york1 ,mr4 ,jones1 ,mr4 ,bilirakis1 ,mr4 ,tonko1 ,mr4 ,yoho1 ,mr4 ,gaetz1 ,mr4 ,posey1 and ,mr4 ,higgins of ,new ,york7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committee on ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend and enhance the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act to improve the conservation of sharks4 #a4 ,short title ,this ,act may be cited as the ,sustainable ,shark ,fisheries and ,trade ,act of #bjai4 #b4 ,purpose ,the purpose of this ,act is to establish a certification process to ensure that foreign nations engaging in shark trade into or through the ,united ,states conserve and manage populations of sharks in a manner that is comparable to regulatory programs in the ,united ,states and that effectively prohibits the practice of removing shark fins and discarding the carcass at sea4 #c4 ,shark conservation and trade fairness certification ,section #faj of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbfk7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking and after the semicolon at the end2 7,b7 in paragraph 7#b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#c7 a nation if-- 7,a7 that nation or any individual or entity of that nation has imported shark products into the ,united ,states or seeks to import shark products into the ,united ,states2 and 7,b7 the nation has not sought and obtained1 by not later than the effective date of subsection 7g77#a71 a certification from the ,secretary under that subsection that the nation has in effect a regulatory program to provide for the conservation of sharks1 including measures to prohibit removal of any of the fins of a shark 7including the tail7 and discarding the carcass of the shark at sea1 that is comparable to that of the ,united ,states4 2 7#b7 in subsection 7b71 in paragraphs 7#b7 and 7#c71 by striking subsection 7a7 each place it appears and inserting subsection 7a77#a72 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking subsection 7a7 and inserting subsection 7a77#a72 and 7,b7 by adding at the end the following3 7#f7 ,applicability to certain countries ,this subsection does not apply to a nation identified under subsection 7a77#c74 2 7#d7 in subsection 7d7-- 7,a7 in paragraph 7#a71 by inserting or 7g7after under subsection 7c72 and 7,b7 in paragraph 7#c71 by inserting or 7g7 after under subsection 7c72 and 7#e7 by adding at the end the following3 7g7 ,shark conservation and trade fairness certification 7#a7 ,prohibition on importation 7,a7 ,in general ,except as provided in subparagraph 7,b71 shark products shall not be imported into the ,united ,states unless the shark products are of a species of shark that were landed in a nation to which the ,secretary has granted a certification or partial certification for such species under paragraph 7#b74 7,b7 ,exceptions ,subparagraph 7,a7 shall not apply to shark products that are-- 7i7 traded1 owned1 held1 or otherwise possessed by an employee or agent of a governmental agency for law enforcement purposes2 7ii7 used for noncommercial subsistence purposes in accordance with ,federal1 ,state1 ,tribal1 or territorial law2 7iii7 used solely for display1 education1 conservation1 or research purposes1 by an accredited zoo1 aquarium1 museum1 college1 or university2 or 7iv7 used by any other person under a ,state or ,federal permit to conduct non-commercial scientific research4 7#b7 ,certifications ,pursuant to the regulations promulgated under paragraphs 7#c7 and 7#e71 the ,secretary-- 7,a7 shall grant a certification to any nation that has adopted and effectively enforces regulatory programs to provide for the conservation and management of sharks1 and measures to prohibit shark finning1 that are comparable to those of the ,united ,states2 and 7,b7 may grant a partial certification for one or more specific species of shark to a nation if the ,secretary determines that such nation-- 7i7 has adopted and effectively enforces regulatory programs that are comparable to the regulatory programs of the ,united ,states to provide for the conservation and management of such species imported into the ,united ,states or used to produce the shark products imported into the ,united ,states2 and 7ii7 has in effect an effective ban on shark finning1 that is comparable to that of the ,united ,states4 7#c7 ,expiration2 renewal ,a certification or partial certification issued under this subsection-- 7,a7 shall be effective for no more than three years after the date of issuance2 and 7,b7 may be renewed in accordance with the provisions of this subsection relating to the initial issuance of the certification4 7#d7 ,certain determinations ,the ,secretary shall make a determination with respect to whether to renew under paragraph 7#c7 or revoke pursuant to paragraph 7#e77;,a77ii7 a certification or partial certification issued under this subsection1 by not later than #ahj days after the submission of the application for renewal or the petition for revocation1 respectively4 7#e7 ,regulations 7,a7 ,in general ,not later than #b years after the date of the enactment of the ,sustainable ,shark ,fisheries and ,trade ,act of #bjai1 the ,secretary shall prescribe regulations under chapter #e of title #e1 ,united ,states ,code1 governing the submission1 evaluation1 revocation1 and renewal of applications for certifications and partial certifications under paragraph 7#b74 7,b7 ,content of regulations ,such regulations shall-- 7i7 prescribe the content and format of applications and standards for information to be provided in such applications2 and 7ii7 establish a process for petitioning the ,secretary for revocation of the certification or partial certification of any nation1 including standards for the information required to be provided to demonstrate that the nation no longer meets the criteria established under this paragraph for the certification4 7,c7 ,criteria for certification or partial certification ,the regulations promulgated under subparagraph 7,a7 shall establish criteria for determining whether a nation has and effectively enforces regulatory programs for the conservation and management of sharks1 and measures to prohibit shark finning1 that are comparable to those of the ,united ,states1 including1 at a minimum1 a requirement that such programs-- 7i7 be consistent with the national standards for fishery conservation and management set forth in section #cja7;a7 of the ,magnuson-,stevens ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahea7;a772 7ii7 provide for regularly updated management plans1 scientifically established catch limits1 and bycatch assessments and minimization2 7iii7 include a program to prevent overfishing and to rebuild overfished stocks2 7iv7 require reporting and data collection2 7v7 be consistent with the ,international ,plan of ,action for ,conservation and ,management of ,sharks of the ,united ,nations ,food and ,agriculture ,organization2 and 7vi7 include a mechanism to ensure that1 if the nation allows landings of sharks by foreign vessels that are not subject to such programs of such nation1 only shark products that comply with such programs are exported to the ,united ,states4 7#f7 ,publication2 public comment ,the ,secretary shall-- 7,a7 publish in the ,federal ,register notice of applications1 petitions1 and decisions with respect to certifications1 renewal of certifications1 or revocation of certifications under this subsection2 and 7,b7 provide an opportunity for public comment with respect to such applications1 petitions1 and decisions4 7#g7 ,final agency action ,a decision of the ,secretary with respect to the issuance1 renewal1 or revocation of a certification or partial certification under this subsection1 and a failure to make a determination required under paragraph 7#d71 shall be considered a final agency action for the purposes of chapter #g of title #e1 ,united ,states ,code4 7#h7 ,effective date ,paragraph 7#a7 shall take effect on the earlier of-- 7,a7 the date on which regulations are issued under paragraph 7#e72 or 7,b7 the date that is #c years after the date of the date of the enactment of the ,sustainable ,shark ,fisheries and ,trade ,act of #bjai4 7#i7 ,definitions ,in this subsection3 7,a7 ,shark ,the term shark means any species of the subclass ,elasmobranchii4 7,b7 ,shark product ,the term shark product means a live shark2 a whole shark2 the meat1 skin1 oil1 fin 7including a wing or tail71 gill raker1 cartilage1 jaw1 tooth1 or liver of a shark2 or any product containing meat1 skin1 oil1 a fin 7including a wing or tail71 gill raker1 cartilage1 jaw1 tooth1 or liver derived from a shark4 7,c7 ,shark finning ,the term shark finning means the removal of a shark's fins1 including the tail1 and discarding the remaining carcass of the shark at sea4 4 #d4 ,actions to strengthen international fishery management organizations ,section #fjh7;a7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;i7a77 is amended-- 7#a7 in paragraph 7#a71 by striking subparagraph 7,f71 and inserting the following3 7,f7 to adopt shark conservation and management measures and measures to prevent shark finning1 which are consistent with the ,international ,plan of ,action for ,conservation and ,management of ,sharks of the ,food and ,agriculture ,organization of the ,united ,nations2 2 and 7#b7 by striking paragraph 7#c71 and inserting the following3 7#c7 seeking to enter into international agreement that require measures for the conservation and management of sharks and measures to prevent shark finning1 which are consistent with the ,international ,plan of ,action for ,conservation and ,management of ,sharks of the ,food and ,agriculture ,organization of the ,united ,nations2 and 4 #e4 ,inclusion of rays and skates in seafood traceability program ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,commerce shall revise section #cjj4cbd of title #ej1 ,code of ,federal ,regulations1 to include rays and skates in the species and species groups specified in subsection 7a77#b7 of that section4 #f4 ,rule of construction ,nothing in this ,act shall be construed to preempt any ,federal or ,state law establishing additional or more stringent requirements than the requirements of subsection 7g7 of section #faj of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbfk71 as added by section #c4