Shark Finning Prohibition Act
PL 106-557 (H.R.5461), enacted 12/21/2000

114 STAT. 2772 
PUBLIC LAW 106-557—DEC. 21, 2000 
Public Law 106-557 
106th Congress 
An Act 
Dec. 21, 2000 
To amend the Magnuson-Stevens Fishery Conservation and Management Act to 
[HR 54611 
eliminate the wasteftil and unsportsmanlike practice of shark finning. 
Be it enacted by the Senate and House of Representatives 
of 
Shark Finning 
the United States of America in Congress assembled, 
Prohibition Act. 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the "Shark Finning Prohibition Act". 
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SEC. 2. PURPOSE. 
The purpose of this Act is to eliminate shark-finning by 
addressing the problem comprehensively at both the national and 
international levels. 
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SEC. 3. PROHmiTION ON REMOVING SHARK FIN AND DISCARDING 
note. 
SHARK CARCASS AT SEA. 
Section 307(1) of the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1857(1)) is amended— 
(1) by striking "or" after the semicolon in subparagraph 
(N); 
(2) by striking "section 302(j)(7XA)." in subparagraph (O) 
and inserting "section 302( j)(7)(A); or"; and 
(3) by adding at the end the following: 
"(P)(i) to remove any of the fins of a shark (including 
the tail) and discard the carcass of the shark at sea; 
"(ii) to have custody, control, or possession of any such 
fin aboard a fishing vessel without the corresponding car-
cass; or 
"(iii) to land any such fin without the corresponding 
carcass. 
For purposes of subparagraph (P) there is a rebuttable 
presumption that any shark fins landed from a fishing vessel 
or found on board a fishing vessel were taken, held, or landed 
in violation of subparagraph (P) if the total weight of shark 
fins landed or found on board exceeds 5 percent of the total 
weight of shark carcasses landed or found on board.". 
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SEC. 4. REGULATIONS. 
Deadhne. 
No later than 180 days after the date of the enactment of 
this Act, the Secretary of Commerce shall promulgate regulations 
implementing the provisions of section 3076(1)(P) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 
1857(1)(P)), as added by section 3 of this Act. 
PUBLIC LAW 106-557—DEC. 21, 2000 
114 STAT. 2773 
SEC. 5. INTERNATIONAL NEGOTIATIONS. 
16 USC 1822 
The Secretary of Commerce, acting through the Secretary of 
State, shall— 
(1) initiate discussions as soon as possible for the purpose 
of developing bilateral or multilateral agreements with other 
nations for the prohibition on shark-finning; 
(2) initiate discussions as soon as possible with all foreign 
governments which are engaged in, or which have persons 
or companies engaged in shark-finning, for the purposes of— 
(A) collecting information on the nature and extent 
of shark-finning by such persons and the landing or trems-
shipment of shark fins through foreign ports; and 
(B) entering into bilateral and multilateral treaties 
with such countries to protect such species; 
(3) seek agreements calling for an international ban on 
shark-finning and other fishing practices adversely affecting 
these species through the United Nations, the Food and Agri-
culture Organization's Committee on Fisheries, and appropriate 
regional fishery management bodies; 
(4) initiate the amendment of any existing international 
treaty for the protection and conservation of species of sharks 
to which the United States is a party in order to make such 
treaty consistent with the purposes and policies of this section; 
(5) urge other governments involved in fishing for or 
importation of shark or shark products to fulfill their obligations 
to collect biological data, such as stock abundance and by-
catch levels, as well as trade data, on shark species as called 
for in the 1995 Resolution on Cooperation with FAO with 
Regard to study on the Status of Sharks and By-Catch of 
Shark Species; and 
(6) urge other governments to prepare and submit their 
respective National Plan of Action for the Conservation and 
Management of Sharks to the 2001 session of the FAO Com-
mittee on Fisheries, as set forth in the International Plan 
of Action for the Conservation and Management of Sharks. 
SEC. 6. REPORT TO CONGRESS. 
16 USC 1822 
The Secretary of Commerce, in consultation with the Secretary 
of State, shall provide to Congress, by not later thsm 1 year after 
the date of the enactment of this Act, and every year thereafter, 
a report which— 
(1) includes a list that identifies nations whose vessels 
conduct shark-finning and details the extent of the inter-
national trade in shark fins, including estimates of value and 
information on harvesting of shark fins, and landings or trans-
shipment of shark fins through foreign ports; 
(2) describes the efforts taken to carry out this Act, and 
evaluates the progress of those efforts; 
(3) sets forth a plan of action to adopt international meas-
ures for the conservation of sharks; and 
(4) includes recommendations for measures to ensure that 
United States actions are consistent with national, inter-
national, and regional obligations relating to shark populations, 
including those listed under the Convention on Intemationsd 
Trade in Endangered Species of Wild Flora and Fauna. 
114 STAT. 2774 
PUBLIC LAW 106-557—DEC. 21, 2000 
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SEC. 7. RESEARCH. 
The Secretary of Commerce, subject to the availabiUty of appro-
priations authorized by section 10, shall establish a research pro-
gram for Pacific and Atlantic sharks to engage in the following 
data collection and research: 
(1) The collection of data to support stock assessments 
of shark populations subject to incidental or directed harvesting 
by commercial vessels, giving priority to species according to 
vulnerability of the species to fishing gear and fishing mortality, 
£ind its population status. 
(2) Research to identify fishing gear and practices that 
prevent or minimize incidental catch of shgirks in commercial 
and recreational fishing. 
(3) Research on fishing methods that will ensure maximum 
likelihood of survival of captured sharks after release. 
(4) Research on methods for releasing sharks from fishing 
gear that minimize risk of injury to fishing vessel operators 
and crews. 
(5) Research on methods to maximize the utilization of, 
and funding to develop the market for, sharks not taken in 
violation of a fishing management plan approved under section 
303 or section 307(1)(P) of the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1853, 1857(1)(P)). 
(6) Research on the nature and extent of the harvest of 
sharks and shark fins by foreign fleets and the international 
trade in shark fins and other shark products. 
16USC1822 
SEC. 8. WESTERN PACIFIC LONGLINE FISHERIES COOPERATIVE 
note. 
RESEARCH PROGRAM. 
The National Marine Fisheries Service, in consultation with 
the Western Pacific Fisheries Management Council, shall initiate 
a cooperative research program with the commercial longlining 
industry to carry out activities consistent with this Act, including 
research described in section 7 of this Act. The service may initiate 
such shark cooperative research programs upon the request of any 
other fishery management council. 
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SEC. 9. SHARK-FINNING DEFINED. 
In this Act, the term "shark-finning" means the taking of a 
shark, removing the fin or fins (whether or not including the tail) 
of a shark, and returning the remainder of the shark to the sea. 
PUBLIC LAW 106-557—DEC. 21, 2000 
114 STAT. 2775 
SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
16 USC 1822 
There are authorized to be appropriated to the Secretary of 
Commerce for fiscal years 2001 through 2005 such sums as are 
necessary to carry out this Act. 
Approved December 21, 2000. 
LEGISLATIVE HISTORY—H.R. 5461: 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
Oct. 30, considered and passed House. 
Dec. 7, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000): 
Dec. 26, Presidential statement.