has granted a certification or partial certifi-
cation for such species under paragraph (2). 
‘‘(B) 
EXCEPTIONS.—Subparagraph 
(A) 
shall not apply to shark products that are— 
‘‘(i) traded, owned, held, or otherwise 
possessed by an employee or agent of a 
governmental agency for law enforcement 
purposes; 
‘‘(ii) used for noncommercial subsist-
ence purposes in accordance with Federal, 
State, Tribal, or territorial law; 
‘‘(iii) used solely for display, edu-
cation, conservation, or research purposes, 
by an accredited zoo, aquarium, museum, 
college, or university; or 
‘‘(iv) used by any other person under 
a State or Federal permit to conduct non- 
commercial scientific research. 
‘‘(2) CERTIFICATIONS.—Pursuant to the regu-
lations promulgated under paragraphs (3) and (5), 
the Secretary— 
‘‘(A) shall grant a certification to any na-
tion that has adopted and effectively enforces 
regulatory programs to provide for the con-
servation and management of sharks, and 
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measures to prohibit shark finning, that are 
comparable to those of the United States; and 
‘‘(B) may grant a partial certification for 
one or more specific species of shark to a na-
tion if the Secretary determines that such na-
tion— 
‘‘(i) has adopted and effectively en-
forces regulatory programs that are com-
parable to the regulatory programs of the 
United States to provide for the conserva-
tion and management of such species im-
ported into the United States or used to 
produce the shark products imported into 
the United States; and 
‘‘(ii) has in effect an effective ban on 
shark finning, that is comparable to that 
of the United States. 
‘‘(3) EXPIRATION; RENEWAL.—A certification 
or partial certification issued under this sub-
section— 
‘‘(A) shall be effective for no more than 
three years after the date of issuance; and 
‘‘(B) may be renewed in accordance with 
the provisions of this subsection relating to the 
initial issuance of the certification. 
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‘‘(4) CERTAIN
DETERMINATIONS.—The Sec-
retary shall make a determination with respect to 
whether to renew under paragraph (3) or revoke 
pursuant to paragraph (5)(A)(ii) a certification or 
partial certification issued under this subsection, by 
not later than 180 days after the submission of the 
application for renewal or the petition for revocation, 
respectively. 
‘‘(5) REGULATIONS.— 
‘‘(A) IN GENERAL.—Not later than 2 years 
after the date of the enactment of the Sustain-
able Shark Fisheries and Trade Act of 2021, 
the Secretary shall prescribe regulations under 
chapter 5 of title 5, United States Code, gov-
erning the submission, evaluation, revocation, 
and renewal of applications for certifications 
and partial certifications under paragraph (2). 
‘‘(B) CONTENT
OF
REGULATIONS.—Such 
regulations shall— 
‘‘(i) prescribe the content and format 
of applications and standards for informa-
tion to be provided in such applications; 
and 
‘‘(ii) establish a process for petitioning 
the Secretary for revocation of the certifi-
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cation or partial certification of any nation, 
including standards for the information re-
quired to be provided to demonstrate that 
the nation no longer meets the criteria es-
tablished under this paragraph for the cer-
tification. 
‘‘(C) CRITERIA
FOR
CERTIFICATION
OR 
PARTIAL CERTIFICATION.—The regulations pro-
mulgated under subparagraph (A) shall estab-
lish criteria for determining whether a nation 
has and effectively enforces regulatory pro-
grams for the conservation and management of 
sharks, and measures to prohibit shark finning, 
that are comparable to those of the United 
States, including, at a minimum, a requirement 
that such programs— 
‘‘(i) be consistent with the national 
standards for fishery conservation and 
management set forth in section 301(a) of 
the Magnuson-Stevens Conservation and 
Management Act (16 U.S.C. 1851(a)); 
‘‘(ii) provide for regularly updated 
management plans, scientifically estab-
lished catch limits, and bycatch assess-
ments and minimization; 
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‘‘(iii) include a program to prevent 
overfishing 
and 
to 
rebuild 
overfished 
stocks; 
‘‘(iv) require reporting and data col-
lection; 
‘‘(v) be consistent with the Inter-
national Plan of Action for Conservation 
and Management of Sharks of the United 
Nations Food and Agriculture Organiza-
tion; and 
‘‘(vi) include a mechanism to ensure 
that, if the nation allows landings of 
sharks by foreign vessels that are not sub-
ject to such programs of such nation, only 
shark products that comply with such pro-
grams are exported to the United States. 
‘‘(6) PUBLICATION; PUBLIC
COMMENT.—The 
Secretary shall— 
‘‘(A) publish in the Federal Register notice 
of applications, petitions, and decisions with re-
spect to certifications, renewal of certifications, 
or revocation of certifications under this sub-
section; and 
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‘‘(B) provide an opportunity for public 
comment with respect to such applications, peti-
tions, and decisions. 
‘‘(7) FINAL AGENCY ACTION.—A decision of the 
Secretary with respect to the issuance, renewal, or 
revocation of a certification or partial certification 
under this subsection, and a failure to make a deter-
mination required under paragraph (4), shall be con-
sidered a final agency action for the purposes of 
chapter 7 of title 5, United States Code. 
‘‘(8) EFFECTIVE
DATE.—Paragraph (1) shall 
take effect on the earlier of— 
‘‘(A) the date on which regulations are 
issued under paragraph (5); or 
‘‘(B) the date that is 3 years after the date 
of the date of the enactment of the Sustainable 
Shark Fisheries and Trade Act of 2021. 
‘‘(9) DEFINITIONS.—In this subsection: 
‘‘(A) SHARK.—The term ‘shark’ means 
any species of the subclass Elasmobranchii. 
‘‘(B) SHARK PRODUCT.—The term ‘shark 
product’ means a live shark; a whole shark; the 
meat, skin, oil, fin (including a wing or tail), 
gill raker, cartilage, jaw, tooth, or liver of a 
shark; or any product containing meat, skin, 
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oil, a fin (including a wing or tail), gill raker, 
cartilage, jaw, tooth, or liver derived from a 
shark. 
‘‘(C) SHARK FINNING.—The term ‘shark 
finning’ means the removal of a shark’s fins, in-
cluding the tail, and discarding the remaining 
carcass of the shark at sea.’’. 
SEC. 3. ACTIONS TO STRENGTHEN INTERNATIONAL FISH-
ERY MANAGEMENT ORGANIZATIONS. 
Section 608(a) of the High Seas Driftnet Fishing 
Moratorium Protection Act (16 U.S.C. 1826i(a)) is 
amended— 
(1) in paragraph (1), by striking subparagraph 
(F), and inserting the following: 
‘‘(F) to adopt shark conservation and man-
agement measures and measures to prevent 
shark finning, which are consistent with the 
International Plan of Action for Conservation 
and Management of Sharks of the Food and 
Agriculture Organization of the United Na-
tions;’’; and 
(2) by striking paragraph (3), and inserting the 
following: 
‘‘(3) seeking to enter into international agree-
ment that require measures for the conservation and 
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management of sharks and measures to prevent 
shark finning, which are consistent with the Inter-
national Plan of Action for Conservation and Man-
agement of Sharks of the Food and Agriculture Or-
ganization of the United Nations; and’’. 
SEC. 4. INCLUSION OF RAYS AND SKATES IN SEAFOOD 
TRACEABILITY PROGRAM. 
Not later than one year after the date of the enact-
ment 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 that section. 
SEC. 5. RULE OF CONSTRUCTION. 
Nothing in this Act shall be construed to preempt any 
Federal or State law establishing additional or more strin-
gent requirements than the requirements of subsection (g) 
of section 610 of the High Seas Driftnet Fishing Morato-
rium Protection Act (16 U.S.C. 1826k), as added by sec-
tion 3. 
SEC. 6. FUNDING. 
There are authorized to be appropriated to the Sec-
retary of Commerce to carry out this Act, and the amend-
ments made by this Act— 
(1) $325,000 for fiscal year 2022; 
(2) $325,000 for fiscal year 2023; 
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(3) $400,000 for each of fiscal years 2024, 
2025, and 2026; and 
(4) $250,000 for fiscal year 2027. 
Æ 
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