Page:United States Statutes at Large Volume 114 Part 5.djvu/758

This page needs to be proofread.

114 STAT. 2772 PUBLIC LAW 106-557—DEC. 21, 2000 Public Law 106-557 106th Congress An Act Dec. 21, 2000 To amend the Magnuson-Stevens Fishery Conservation and Management Act to [HR 54611 eliminate the wasteftil and unsportsmanlike practice of shark finning. Be it enacted by the Senate and House of Representatives of Shark Finning the United States of America in Congress assembled, Prohibition Act. 16 USC 1822 SECTION 1. SHORT TITLE. This Act may be cited as the "Shark Finning Prohibition Act". 16 USC 1822 SEC. 2. PURPOSE. The purpose of this Act is to eliminate shark-finning by addressing the problem comprehensively at both the national and international levels. 16 USC 1822 SEC. 3. PROHmiTION ON REMOVING SHARK FIN AND DISCARDING note. SHARK CARCASS AT SEA. Section 307(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857(1)) is amended— (1) by striking "or" after the semicolon in subparagraph (N); (2) by striking "section 302(j)(7)(A)." in subparagraph (O) and inserting "section 302(j)(7)(A); or"; and (3) by adding at the end the following: "(P)(i) to remove any of the fins of a shark (including the tail) and discard the carcass of the shark at sea; "(ii) to have custody, control, or possession of any such fin aboard a fishing vessel without the corresponding carcass; or "(iii) to land any such fin without the corresponding carcass. For purposes of subparagraph (P) there is a rebuttable presumption that any shark fins landed from a fishing vessel or found on board a fishing vessel were taken, held, or landed in violation of subparagraph (P) if the total weight of shark fins landed or found on board exceeds 5 percent of the total weight of shark carcasses landed or found on board.". 16 USC 1822 SEC. 4. REGULATIONS. Deadhne. No later than 180 days after the date of the enactment of this Act, the Secretary of Commerce shall promulgate regulations implementing the provisions of section 3076(1)(P) of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1857(1)(P)), as added by section 3 of this Act.