Page:United States Statutes at Large Volume 124.djvu/3696

 124 STAT. 3670 PUBLIC LAW 111–348—JAN. 4, 2011 Protection Act (16 U.S.C. 1826k(a)), as added by paragraph (1)(G), not later than 1 year after the date of the enactment of this Act. SEC. 103. AMENDMENT OF MAGNUSON -STEVENS FISHERY CONSERVA- TION AND MANAGEMENT ACT. (a) IN GENERAL.—Paragraph (1) of section 307 of Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1857) is amended— (1) by amending subparagraph (P) to read as follows: ‘‘(P)(i) to remove any of the fins of a shark (including the tail) at sea; ‘‘(ii) to have custody, control, or possession of any such fin aboard a fishing vessel unless it is naturally attached to the corresponding carcass; ‘‘(iii) to transfer any such fin from one vessel to another vessel at sea, or to receive any such fin in such transfer, without the fin naturally attached to the corresponding carcass; or ‘‘(iv) to land any such fin that is not naturally attached to the corresponding carcass, or to land any shark carcass without such fins naturally attached;’’; and (2) by striking the matter following subparagraph (R) and inserting the following: ‘‘For purposes of subparagraph (P), there shall be a rebuttable presumption that if any shark fin (including the tail) is found aboard a vessel, other than a fishing vessel, without being naturally attached to the corresponding carcass, such fin was transferred in violation of subparagraph (P)(iii) or that if, after landing, the total weight of shark fins (including the tail) landed from any vessel exceeds five percent of the total weight of shark carcasses landed, such fins were taken, held, or landed in violation of subparagraph (P). In such subparagraph, the term ‘naturally attached’, with respect to a shark fin, means attached to the corresponding shark carcass through some por- tion of uncut skin.’’. (b) SAVINGS CLAUSE.— ‘‘(1) IN GENERAL.—The amendments made by subsection (a) do not apply to an individual engaged in commercial fishing for smooth dogfish (Mustelus canis) in that area of the waters of the United States located shoreward of a line drawn in such a manner that each point on it is 50 nautical miles from the baseline of a State from which the territorial sea is measured, if the individual holds a valid State commercial fishing license, unless the total weight of smooth dogfish fins landed or found on board a vessel to which this subsection applies exceeds 12 percent of the total weight of smooth dogfish carcasses landed or found on board. (2) DEFINITIONS.—In this subsection: (A) COMMERCIAL FISHING.—The term ‘‘commercial fishing’’ has the meaning given that term in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802). (B) STATE.—The term ‘‘State’’ has the meaning given that term in section 803 of Public Law 103–206 (16 U.S.C. 5102). 16 USC 1857 note. Definition.