Sec. 3. Shark Conservation Act of 2010

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The Act entitled An Act 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 , approved January 4, 2011 ( Public Law 111–348 ; 124 Stat. 3668), is amended— by striking section 104 and inserting the following: Except as provided in section 317 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1866 ), it is unlawful for any person— to engage in shark feeding; or to operate a vessel for the purpose of carrying a passenger for hire to any site to engage in shark feeding or to observe shark feeding.

It is unlawful for any person— to violate this section or any regulation promulgated under this section; to refuse to permit any officer authorized to enforce the provisions of this section to board a fishing vessel subject to such person's control for purposes of conducting any search or inspection in connection with the enforcement of this section or any regulation promulgated under the section; to forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search or inspection described in paragraph (2); to resist a lawful arrest for any act prohibited by this section; or to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such other person has committed any act prohibited by this section.

Any incidental feeding or attracting of a shark in the course of educational or scientific research conducted under a permit issued by the Secretary of Commerce or lawful fishing under the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ) shall not be considered a violation of this section. Any person who commits any act that is unlawful under subsection

(a)or subsection

(b)of this section shall be liable to the United States for a civil penalty under section 308 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1858 ). Any person who commits an act that is unlawful under paragraph (2), (3), (4), or

(5)of subsection

(b)of this section is deemed to be guilty of an offense punishable under section 309(b) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1859(b) ). The Secretary of Commerce and the Secretary of the department in which the Coast Guard is operating shall prevent any person from violating this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though sections 308 through 311 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1858 , 1859, 1860, 1861) were incorporated into and made a part of this Act. Any person who violates this section is subject to the penalties and entitled to the privileges and immunities provided in the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ) in the same manner and by the same means as though sections 308 through 311 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1858 , 1859, 1860, 1861) were incorporated into and made a part of this Act. In this section: The term passenger for hire has the meaning given that term in section 2101(21a) of title 46, United States Code. The term shark feeding means the introduction of food or any other substance into the water to feed or attract sharks for any purpose other than to harvest sharks. Nothing in this Act or the amendments made by this Act shall be construed as affecting, altering, or diminishing in any way the authority of the Secretary of Commerce to establish such conservation and management measures as the Secretary considers appropriate under sections 302(a)(3) and 304(g) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1852(a)(3) and 1854(g)). ; and in section 1, by striking the item relating to section 104 and inserting the following: Sec. 104. Prohibition on shark feeding. Sec. 105. Rule of construction. . Nothing in this section or the amendments made by this Act supercedes more restrictive State laws or regulations regarding shark feeding in State waters.

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