Sec. 5946. OTHER MATTERS
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## SEC. 5946 OTHER MATTERS ###
(a)Brennan Reef ####
(1)Designation The reef described in paragraph
(2)shall be known and designated as “Brennan Reef” in honor of the late Rear Admiral Richard T. Brennan of the National Oceanic and Atmospheric Administration. ####
(2)Reef described The reef referred to in paragraph
(1)is— #####
(A)between the San Miguel and Santa Rosa Islands on the north side of the San Miguel Passage in the Channel Island National Marine Sanctuary; and #####
(B)centered at 34 degrees, 03.12 minutes North and 120 degrees, 15.95 minutes West. ####
(3)References Any reference in a law, map, regulation, document, paper, or other record of the United States to the reef described in paragraph
(2)shall be deemed to be a reference to Brennan Reef. ###
(b)Prohibition on Sale of Shark Fins **[**[16 U.S.C. 1857 note](/us/usc/t16/s1857)**]** ####
(1)Prohibition Except as provided in paragraph (3), no person shall possess, acquire, receive, transport, offer for sale, sell, or purchase a shark fin or a product containing a shark fin. ####
(2)Penalty 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). ####
(3)Exceptions A person may possess a shark fin that was taken lawfully pursuant to a Federal, State, or territorial 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— #####
(A)destroyed or disposed of immediately upon separation from the carcass; #####
(B)used for noncommercial subsistence purposes in accordance with Federal, State, or territorial law; or #####
(C)used solely for display or research purposes by a museum, college, or university pursuant to a Federal, State, or territorial permit to conduct noncommercial scientific research. ####
(4)Dogfish exemption #####
(A)In general It shall not be a violation of paragraph
(1)for a person to possess, acquire, receive, transport, offer for sale, sell, or purchase a shark fin of a smooth dogfish (*Mustelus canis*) or a spiny dogfish (*Squalus acanthias*). #####
(B)Report ######
(i)In general Not later than January 1, 2027, the Secretary of Commerce shall review the exemption provided by subparagraph
(A)and submit to Congress a report regarding such exemption that includes a recommendation to continue or terminate the exemption. ######
(ii)Factors In carrying out clause (i), the Secretary of Commerce shall analyze factors including— ######
(I)the impact of continuation and termination of the exemption on the economic viability of dogfish fisheries; ######
(II)the impact of continuation and termination of the exemption on ocean ecosystems; ######
(III)the impact of the exemption on the enforcement of the prohibition described in paragraph (1); and ######
(IV)the impact of the exemption on shark conservation. ####
(5)Enforcement This subsection, and any regulations issued pursuant thereto, shall be enforced by the Secretary of Commerce, who may use by agreement, with or without reimbursement, the personnel, services, equipment, and facilities of another Federal agency or of a State agency or Indian Tribe for the purpose of enforcing this subsection. ####
(6)Rule of construction Nothing in this subsection 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 subsection. ####
(7)Severability If any provision of this subsection, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of the subsection and of the application of any such provision to other persons and circumstances shall not be affected thereby. ####
(8)Shark fin defined In this subsection, the term “shark fin” means the unprocessed, dried, or otherwise processed detached fin or tail of a shark.
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