Sec. 71103. Shark fin sales elimination
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/bill/117/hr/4521/pcs/section-71103A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as provided in subsection (c), no person shall possess, acquire, receive, transport, offer for sale, sell, or purchase shark fins or products containing shark fins. A violation of paragraph
(1)shall be treated as an act prohibited by section 307 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1857 ) and shall be penalized pursuant to section 308 of that Act ( 16 U.S.C. 1858 ). A person may possess 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 was separated after the first point of landing in a manner consistent with the license or permit and is— destroyed or disposed of immediately upon separation from the carcass; used for noncommercial subsistence purposes in accordance with State or territorial law; or used solely for display or research purposes by a museum, college, or university, or other person under a State or Federal permit to conduct noncommercial scientific research. It shall not be a violation of subsection
(b)for any person to possess, acquire, receive, transport, offer for sale, sell, or purchase any fresh or frozen unprocessed fin or tail from any stock of the species Mustelus canis (smooth dogfish) or Squalus acanthias (spiny dogfish). By not later than January 1, 2027, the Secretary of Commerce shall review the exemption contained in paragraph
(1)and shall prepare and submit to Congress a report that includes a recommendation on whether the exemption contained in paragraph
(1)should continue or be terminated. In preparing such report and making such recommendation, the Secretary shall analyze factors including— the economic viability of dogfish fisheries with and without the continuation of the exemption; the impact to ocean ecosystems of continuing or terminating the exemption; the impact on enforcement of the ban contained in subsection
(b)caused by the exemption; and the impact of the exemption on shark conservation. In this section, the term shark fin means— the unprocessed or dried or otherwise processed detached fin of a shark; or the unprocessed or dried or otherwise processed detached tail of a shark. The provisions of this section, and any regulations issued pursuant thereto, shall be enforced by the Secretary of Commerce. The Secretary may use by agreement, with or without reimbursement, the personnel, services, equipment, and facilities of any other Federal agency or any State agency or Indian Tribe for purposes of enforcing this section. Nothing in this section may be construed to preclude, deny, or limit any right of a State or territory to adopt or enforce any regulation or standard that is more stringent than a regulation or standard in effect under this section. If any provision of this section or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
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