Sec. 70124. Equivalent conservation measures
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Section 610(a) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826k(a) ) is amended to read as follows: The Secretary shall identify and list in the report under section 607— a nation if— any fishing vessel of that country is engaged, or has been engaged during the preceding 3 years in fishing activities or practices on the high seas or within the exclusive economic zone of any country, that have resulted in bycatch of a protected living marine resource; and the vessel’s flag state has not adopted, implemented, and enforced a regulatory program governing such fishing designed to end or reduce such bycatch that is comparable to the regulatory program of the United States; and a nation if— any fishing vessel of that country is engaged, or has engaged during the preceding 3 years, in fishing activities on the high sees or within the exclusive economic zone of another country that target or incidentally catch sharks; and the vessel’s flag state has not adopted, implemented, and enforced a regulatory program to provide for the conservation of sharks, including measures to prohibit removal of any of the fins of a shark, including the tail, before landing the shark in port that is comparable to that of the United States.
The Secretary shall make an identification under paragraph
(1)at any time that the Secretary has sufficient information to make such identification. . Section 610(b) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826k(b) ) is amended to read as follows: The Secretary of State, acting in conjunction with the Secretary, shall— notify, as soon as possible, the President, nations that have been identified under subsection (a), and other nations whose vessels engage in fishing activities or practices described in subsection (a), about the provisions of this Act; initiate discussions as soon as possible with all foreign countries which are engaged in, or a fishing vessel of which has engaged in, fishing activities described in subsection (a), for the purpose of entering into bilateral and multilateral treaties with such countries to protect such species and to address any underlying failings or gaps that may have contributed to identification under this Act; seek agreements calling for international restrictions on fishing activities or practices described in subsection
(a)through the United Nations, the Food and Agriculture Organization’s Committee on Fisheries, and appropriate international fishery management bodies; and initiate the amendment of any existing international treaty for the protection and conservation of such species to which the United States is a party in order to make such treaty consistent with the purposes and policies of this section. . Section 610(c) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826k(c) ) is amended— in subparagraph
(A)of paragraph (1), by striking , taking into account different conditions, ; in paragraph (2), by inserting the public and after comment by ; in paragraph (4)— in subparagraph (A), by striking , taking into account different conditions ; in subparagraph (B), by striking the period at the end and inserting ; and ; and by adding at the end the following: ensures that any such fish or fish products authorized for entry under this section are imported consistent with the reporting and the recordkeeping requirements of the Seafood Import Monitoring Program established by part 300.324(b) of title 50, Code of Federal Regulations (or any successor regulations). ; and in paragraph (5), by striking (except to the extent that such provisions apply to sport fishing equipment or fish or fish products not caught by the vessels engaged in illegal, unreported, or unregulated fishing) . Section 610(e) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826k(e) ) is amended by striking paragraph
(1)and inserting the following: except as provided in paragraph (2), means nontarget fish, sea turtles, seabirds, or marine mammals that are protected under United States law or international agreement, including— the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. ); the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); the Shark Finning Prohibition Act ( 16 U.S.C. 1822 note), including amendments made by that Act; and the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087, TIAS 8249); but .
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