,,ii #aafth ,,congress #ast ,session ,s4 #ajjh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #c1 #bjai,mr4 ,rubio 7for himself1 ,mr4 ,whitehouse1 ,mr4 ,sullivan1 ,ms4 ,murkowski1 and ,mr4 ,cassidy7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend and enhance the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act to improve the conservation of sharks1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,sustainable ,shark ,fisheries and ,trade ,act of #bjai4 #b4 ,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 7a77#b7-- 7,a7 by striking subparagraph 7,a7 and inserting the following3 7,a7 that nation or any individual or entity from that nation has imported shark products into the ,united ,states or seeks to import shark products into the ,united ,states2 and 2 and 7,b7 in subparagraph 7,b7-- 7i7 by striking adopted and inserting sought and obtained1 not later than the effective date specified in paragraph 7#h7 of subsection 7g71 a certification from the ,secretary under that subsection that the nation has in effect2 and 7ii7 by striking 1 taking into account different conditions2 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 nations identified under subsection 7a77#b74 2 7#d7 in subsection 7d7-- 7,a7 in paragraph 7#a71 by inserting or 7g7 after 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 may not be imported into the ,united ,states unless the shark products were landed in a nation to which the ,secretary has issued a certification or partial certification under paragraph 7#b74 7,b7 ,exceptions ,the prohibition under 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 purposes by an accredited zoo1 aquarium1 museum1 college1 or university2 or 7iv7 used by any other person under a ,state or ,federal permit to conduct noncommercial scientific research4 7#b7 ,certifications ,pursuant to the regulations prescribed under paragraph 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 to a nation if the ,secretary determines that the 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 a specific species of shark imported into the ,united ,states or used to produce shark products imported into the ,united ,states2 and 7ii7 has in effect an effective ban on shark finning 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 not more than #c years from 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 subsection not later than #ahj days after the submission of the application for renewal or the petition for revocation1 as the case may be4 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 with respect to the submission1 evaluation1 revocation1 and renewal of applications for certifications and partial certifications under paragraph 7#b74 ,such regulations shall-- 7i7 prescribe the content and format of applications and standards for the 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 subsection for the certification4 7,b7 ,criteria for certification or partial certification ,the regulations prescribed under subparagraph 7,a7 shall establish criteria for determining whether a nation has 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 ,states1 which shall include1 at a minimum1 a requirement that such programs-- 7i7 be consistent with the national standards for fishery conservation and management set forth at 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 of sharks and 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 ,food and ,agriculture ,organization of the ,united ,nations2 and 7vi7 include a mechanism to ensure that1 if the nation allows landings of sharks by foreign vessels that are not subject to such programs1 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 or a failure to make a determination under paragraph 7#d7 in the time required by that paragraph1 shall be considered a final agency action for the purposes of chapter #g of title #e1 ,united ,states ,code4 7#h7 ,effective date ,the prohibition under paragraph 7#a7 shall take effect on the earlier of-- 7,a7 the date on which regulations are prescribed under paragraph 7#e72 or 7,b7 the date that is #c years after 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 live sharks1 whole sharks1 and the meat1 skin1 oil1 fins 7including wings and tails71 gill rakers1 cartilage1 jaws1 teeth1 liver1 or any product containing meat1 skin1 oil1 fins 7including wings and tails71 gill rakers1 cartilage1 jaws1 teeth1 or liver derived from sharks4 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 #c4 ,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,f7 and inserting the following3 7,f7 to adopt shark conservation and management measures and measures to prevent shark finning that 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#c7 and inserting the following3 7#c7 seeking to enter into international agreements that require measures for the conservation and management of sharks and measures to prevent shark finning that are consistent with the ,international ,plan of ,action for ,conservation and ,management of ,sharks2 and 4 #d4 ,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 ,regulations to include rays and skates on the list provided for under subsection 7a77#b7 of that section4 #e4 ,rules of construction 7a7 ,additional or more stringent requirements ,nothing in this ,act1 or an amendment made by this ,act1 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 7b7 ,agency responsibilities ,nothing in this ,act1 or an amendment made by this ,act1 shall be construed to infringe on the duties of any agency other than the ,department of ,commerce1 or to impose additional duties1 in enforcing the agency's responsibilities related to imports4 #f4 ,funding ,there are authorized to be appropriated to the ,secretary of ,commerce to carry out this ,act-- 7#a7 #cbe1jjj for fiscal year #bjbj2 7#b7 #cbe1jjj for fiscal year #bjba2 7#c7 #djj1jjj for each of fiscal years #bjbb1 #bjbc1 and #bjbd2 and 7#d7 #bej1jjj for fiscal year #bjbe4