Sec. 11338. EQUIVALENT CONSERVATION MEASURES
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## SEC. 11338 EQUIVALENT CONSERVATION MEASURES ###
(a)Identification Section 610(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(a)) is amended to read as follows: > > ### “(a) Identification > > > #### “(1) In general > > The Secretary shall identify and list in the report under section 607— > > > ##### “(A) > > a nation if— > > > ###### “(i) > > any fishing vessel of that nation is engaged, or has been engaged during the 3 years preceding the date of the determination, in fishing activities or practices on the high seas or within the exclusive economic zone of any nation, that have resulted in bycatch of a protected living marine resource; and > > > ###### “(ii) > > 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 in effectiveness to the regulatory program of the United States, taking into account differing conditions; and > > > ##### “(B) > > a nation if— > > > ###### “(i) > > any fishing vessel of that nation is engaged, or has engaged during the 3 years preceding the date of the determination, in fishing activities on the high seas or within the exclusive economic zone of another nation that target or incidentally catch sharks; and > > > ###### “(ii) > > 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. > > > #### “(2) Timing > > The Secretary shall make an identification under paragraph
(1)at any time that the Secretary has sufficient information to make such identification.” > . ###
(b)Consultation and Negotiation Section 610(b) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(b)) is amended to read as follows: > > ### “(b) Consultation and Negotiation > > The Secretary of State, acting in consultation with the Secretary, shall— > > > #### “(1) > > notify, as soon as practicable, the President and nations that are engaged in, or that have any fishing vessels engaged in, fishing activities or practices described in subsection (a), about the provisions of this Act; > > > #### “(2) > > initiate discussions as soon as practicable with all foreign nations that 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 nations to protect such species and to address any underlying failings or gaps that may have contributed to identification under this Act; > > > #### “(3) > > seek agreements calling for international restrictions on fishing activities or practices described in subsection
(a)through the United Nations, the Committee on Fisheries of the Food and Agriculture Organization of the United Nations, and appropriate international fishery management bodies; and > > > #### “(4) > > 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.” > . ###
(c)Conservation Certification Procedure Section 610(c) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(c)) is amended— ####
(1)in paragraph
(2)by inserting “the public and” after “comment by”; ####
(2)in paragraph (4)— #####
(A)in subparagraph
(A)by striking “and” after the semicolon; #####
(B)in subparagraph
(B)by striking the period at the end and inserting “; and”; and #####
(C)by adding at the end the following: > > ##### “(C) > > ensure 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 in subpart Q of part 300 of title 50, Code of Federal Regulations (or any successor regulation).” > ; and ####
(3)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)”. ###
(d)Definition of Protected Living Marine Resource 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: > > #### “(1) > > except as provided in paragraph (2), means nontarget fish, sea turtles, or marine mammals that are protected under United States law or international agreement, including— > > > ##### “(A) > > the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.); > > > ##### “(B) > > the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); > > > ##### “(C) > > the Shark Finning Prohibition Act (16 U.S.C. 1822 note); and > > > ##### “(D) > > 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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