After three previous congressional submissions, the Shark Fin Sales Elimination Act of 2021 has been reintroduced into the House and the Senate. The bill when passed into law will make it illegal to possess, buy, sell, or transport 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 maximum civil penalty for each violation shall be $100,000, or the fair market value of the shark fins involved, whichever is greater.
Reintroduced on March 13, 2021 by Senator Cory Booker as S 1106, the Bill has been read under twice and referred to the Committee on Commerce, Science, and Transportation.
The shark fin bill has been included in Section 581 under the Endless Frontier Act S 2160 by Senator Charles Schumer. This bill establishes a Directorate for Technology and Innovation in the National Science Foundation (NSF) and establishes various programs and activities. The bill successfully passed through the Senate and moves to the House for consideration.
S 1260, SEC. 518. SHARK FIN SALES ELIMINATION.
(a) Short Title.—This section may be cited as the “Shark Fin Sales Elimination Act of 2021”.
(b) Prohibition On Sale Of Shark Fins.—
(1) PROHIBITION.—Except as provided in subsection (c), no person shall possess, transport, offer for sale, sell, or purchase shark fins or products containing shark fins.
(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(a) of that Act (16 U.S.C. 1858(a)), except that the maximum civil penalty for each violation shall be $100,000, or the fair market value of the shark fins involved, whichever is greater.
(c) Exceptions.—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 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 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.
(1) IN GENERAL.—It shall not be a violation of subsection bc) for any person to possess, transport, 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).
(2) REPORT.—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—
(A) the economic viability of dogfish fisheries with and without the continuation of the exemption;
(B) the impact to ocean ecosystems of continuing or terminating the exemption;
(C) the impact on enforcement of the ban contained in subsection (b) caused by the exemption; and
(D) the impact of the exemption on shark conservation.
(e) Definition Of Shark Fin.—In this section, the term “shark fin” means—
(1) the raw or dried or otherwise processed detached fin of a shark; or
(2) the raw or dried or otherwise processed detached tail of a shark.
(f) State Authority.—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.
(g) Severability.—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.SEC. 519. SENSE OF CONGRESS ON FORCED LABOR.
The House version of the Act, HR 2811 was reintroduced on April 22, 2021, by Representatives Gregorio Kilili Camacho Sablan (D- MP) and Michael McCaul (R-TX).
About Senate Bill 1260
S.1260 — 117th Congress (2021-2022)Endless Frontier Act Sponsor:Sen. Schumer, Charles E. [D-NY] (Introduced 04/20/2021) Cosponsors: (13)Committees:Senate – Commerce, Science, and Transportation
Latest Action: Senate – 05/13/2021 Cloture motion on the motion to proceed to the measure presented in Senate. (CR S2504) (All Actions)