Shark Fin Sales Elimination Act of 2021
Bill: H.R.2811 | Sponsor: Del. Sablan, Gregorio Kilili Camacho (D-MP)
Policy area: Animals

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.

To prohibit the sale of shark fins, and for other purposes.

    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 ``Shark Fin Sales Elimination Act of 
2021''.

SEC. 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)), a 
violation of this section shall be treated as an act prohibited by 
section 307 of that Act.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 6. DEFINITIONS.

    In this Act:
            (1) Shark.--The term ``shark'' means any species of the 
        orders Pristiophoriformes, Squatiniformes, Squaliformes, 
        Hexanchiformes, Lamniformes, Carchariniformes, 
        Orectolobiformes, and Heterodontiformes.
            (2) Shark fin.--The term ``shark fin'' means the raw, 
        dried, or otherwise processed detached fin, or the raw, dried, 
        or otherwise processed detached tail, of a shark.

SEC. 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.

SEC. 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'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.
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