Shark Fin Sales Elimination Act of 2021

To prohibit the sale of shark fins, and for other purposes. 1. Short title This Act may be cited as the Shark Fin Sales Elimination Act of 2021 2. Prohibition on sale of shark fins (a) Prohibition Except as provided in sections 3 and 4, no person shall possess, offer for sale, sell, or purchase any shark fin or product containing any shark fin. (b) Penalty For purposes of section 308(a) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1858(a) 3. Exemption for traditional fisheries, education, and science Section 2 shall not apply with respect to possession of a shark fin that was taken lawfully under a State, territorial, or Federal license or permit to take or land sharks, if the shark fin is separated from the shark in a manner consistent with the license or permit and is— (1) destroyed or discarded upon separation; (2) used for noncommercial subsistence purposes in accordance with State or territorial law; (3) used solely for display or research purposes by a museum, college, or university, or by any other person under a State or Federal permit to conduct noncommercial scientific research; or (4) retained by the license or permit holder for a noncommercial purpose. 4. Exemption for Dogfish (a) In general It shall not be a violation of section 2 for any person to possess, offer for sale, sell, or purchase any fresh or frozen raw fin or tail from any stock of the species Mustelus canis (smooth dogfish) or Squalus acanthias (spiny dogfish). (b) Report By not later than January 1, 2027, the Secretary of Commerce should review the exemption in subsection (a) and should prepare and submit to the Congress a report that includes a recommendation on whether the exemption should continue or be terminated. In preparing such report and making such recommendation, the Secretary should analyze factors including— (1) the economic viability of dogfish fisheries with and without the continuation of the exemption; (2) the impact to ocean ecosystems of continuing or terminating the exemption; (3) the impact on enforcement of the ban contained in section 3 caused by the exemption; and (4) the impact of the exemption on shark conservation. 5. Inclusion of rays and skates in seafood traceability program Not later than 1 year after the date of the enactment of this Act, the Secretary of Commerce shall revise section 300.324 of title 50, Code of Federal Regulations, to include rays and skates in the species and species groups specified in subsection (a)(2) of such section. 6. Definitions In this Act: (1) Shark The term shark (2) Shark fin The term shark fin 7. State authority Nothing in this Act affects any right of a State or territory of the United States to adopt or enforce any regulation or standard that is more stringent than a regulation or standard in effect under this Act. 8. Determination of budget effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation

Summary: Shark Fin Sales Elimination Act of 2021 This bill addresses the sale of shark fins and the inclusion of rays and skates in the Seafood Traceability Program. The Seafood Traceability Program has data reporting and recordkeeping requirements at the time of entry for imported fish or fish products entered into U.S. commerce. The bill makes it illegal to possess, buy, or sell shark fins or any product containing shark fins, except for certain dogfish fins. A person may possess a shark fin that was lawfully taken consistent with a license or permit under certain circumstances. Penalties are imposed for violations under the Magnuson-Stevens Fishery Conservation and Management Act. The Department of Commerce must revise its regulations to include rays and skates as species that are subject to the Seafood Traceability Program.