Billfish Conservation Act of 2012 (P.L. No. 112–183)

126 STAT. 1422 PUBLIC LAW 112–183—OCT. 5, 2012 Public Law 112–183 112th Congress An Act To prohibit the sale of billfish. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Billfish Conservation Act of 2012’’. SEC. 2. FINDINGS. Congress finds the following: (1) The United States carefully regulates its domestic fish eries for billfish and participates in international fishery management bodies in the Atlantic and Pacific. (2) Global billfish populations have declined significantly, however, because of overfishing primarily through retention of bycatch by non-United States commercial fishing fleets. (3) Ending the importation of foreign-caught billfish for sale in the United States aligns with U.S. management meas ures of billfish and protects the significant economic benefits to the U.S. economy of recreational fishing and marine com merce and the traditional cultural fisheries. SEC. 3. STATEMENT OF CONSTITUTIONAL AUTHORITY. The Congress enacts this Act pursuant to clause 3 of section 8 of article I of the Constitution. SEC. 4. PROHIBITION ON SALE OF BILLFISH. (a) PROHIBITION.—No person shall offer for sale, sell, or have custody, control, or possession of for purposes of offering for sale or selling billfish or products containing billfish. (b) PENALTY.—For purposes of section 308(a) of the Magnuson Stevens Fishery Conservation and Management Act (16 U.S.C. 1858(a)), a violation of this section shall be treated as an act prohibited by section 307 of that Act (16 U.S.C. 1857). (c) EXEMPTIONS FOR TRADITIONAL FISHERIES AND MARKETS.— (1) Subsection (a) does not apply to billfish caught by US fishing vessels and landed in the State of Hawaii or Pacific Insular Areas as defined in section 3(35) of the Magnuson Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(35)). (2) Subsection (a) does not apply to billfish landed by foreign fishing vessels in the Pacific Insular Areas when the foreign caught billfish is exported to non-US markets or Hawaii. 16 USC 1827a. 16 USC 1827a note. Billfish Conservation Act of 2012. 16 USC 1801 note. Oct. 5, 2012 [H.R. 2706] VerDate Mar 15 2010 14:36 Oct 11, 2012 Jkt 019139 PO 00183 Frm 00001 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL183.112 PUBL183dk ra u se o n D S K H T 7 X V N 1 P R O D w ith P U B L IC L A W S 126 STAT. 1423 PUBLIC LAW 112–183—OCT. 5, 2012 LEGISLATIVE HISTORY—H.R. 2706: HOUSE REPORTS: No. 112–656 (Comm. on Natural Resources). CONGRESSIONAL RECORD, Vol. 158 (2012): Sept. 10, considered and passed House. Sept. 21, considered and passed Senate. Æ retained within Hawaii and the Pacific Insular Areas for local consumption. (d) BILLFISH DEFINED.—In this section the term ‘‘billfish’’— (1) means any fish of the species— (A) Makaira nigricans (blue marlin); (B) Kajikia audax (striped marlin); (C) Istiompax indica (black marlin); (D) Istiophorus platypterus (sailfish); (E) Tetrapturus angustirostris (shortbill spearfish); (F) Kajikia albida (white marlin); (G) Tetrapturus georgii (roundscale spearfish); (H) Tetrapturus belone (Mediterranean spearfish); and (I) Tetrapturus pfluegeri (longbill spearfish); and (2) does not include the species Xiphias gladius (swordfish). Approved October 5, 2012. VerDate Mar 15 2010 14:36 Oct 11, 2012 Jkt 019139 PO 00183 Frm 00002 Fmt 6580 Sfmt 6580 E:\PUBLAW\PUBL183.112 PUBL183dk ra u se o n D S K H T 7 X V N 1 P R O D w ith P U B L IC L A W S