[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 793 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 675
115th CONGRESS
  2d Session
                                 S. 793

                          [Report No. 115-388]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 30, 2017

  Mr. Booker (for himself, Mrs. Capito, Ms. Cantwell, Mr. McCain, Mr. 
  Peters, Mr. Inhofe, Mr. Whitehouse, Mr. Wicker, Mr. Blumenthal, Mr. 
  Portman, Mr. Schatz, Mr. Merkley, Mr. Tester, Mr. Heinrich, Mr. Van 
  Hollen, Mrs. Gillibrand, Mr. Menendez, Ms. Baldwin, Mr. Coons, Mrs. 
 Feinstein, Mr. Brown, Mr. Casey, Ms. Harris, Mr. Sanders, Mr. Leahy, 
    Mr. Cardin, Mr. Boozman, Mr. Udall, Ms. Hirono, Mr. Durbin, Ms. 
 Duckworth, Mr. Murphy, Mrs. Murray, Mr. King, Mr. Wyden, Mr. Bennet, 
    Ms. Cortez Masto, Mrs. Shaheen, Mr. Carper, and Mrs. McCaskill) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

                           November 27, 2018

                Reported by Mr. Thune, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
        To prohibit 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Shark Fin Trade Elimination 
Act of 2017''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
        <DELETED>    (1) Sharks are critically important species for 
        their economic, cultural, and ecosystem value.</DELETED>
        <DELETED>    (2) Many shark populations are in peril worldwide 
        and are on the decline.</DELETED>
        <DELETED>    (3) One of the greatest threats to sharks is the 
        global trade in shark fins. It is estimated that fins from as 
        many as 73,000,000 sharks end up in the global shark fin trade 
        every year.</DELETED>
        <DELETED>    (4) Shark fins have no medicinal or nutritional 
        value.</DELETED>
        <DELETED>    (5) The trade in shark fins is primarily focused 
        on large coastal and pelagic species that grow slowly, mature 
        late, and have low reproduction rates.</DELETED>
        <DELETED>    (6) Shark fins are often removed and retained 
        while the remainder of a shark is discarded due to the high 
        market value of shark fins relative to other parts of a 
        shark.</DELETED>
        <DELETED>    (7) Shark fins are removed primarily to be 
        commercialized as a fungible commodity.</DELETED>
        <DELETED>    (8) Shark finning is the cruel practice in which 
        the fins of a shark are cut off on board a fishing vessel at 
        sea. The remainder of the animal is then thrown back into the 
        water to drown, starve, or die a slow death.</DELETED>
        <DELETED>    (9) Although the United States has banned the 
        practice of shark finning aboard vessels in waters controlled 
        by the United States, there is no Federal ban on the removal 
        and sale of shark fins once the fin is brought 
        ashore.</DELETED>
        <DELETED>    (10) Once a shark fin is detached from the body, 
        it becomes impossible to determine whether the shark was 
        legally caught or the fin lawfully removed.</DELETED>
        <DELETED>    (11) It is difficult to determine which species of 
        shark a fin was removed from, which is problematic because some 
        species are threatened with extinction.</DELETED>
        <DELETED>    (12) The States of Texas, Delaware, Hawaii, 
        Illinois, Massachusetts, Maryland, New York, Oregon, Rhode 
        Island, California, and Washington and American Samoa, Guam, 
        and the North Mariana Islands have implemented bans on the sale 
        of shark fins.</DELETED>
        <DELETED>    (13) Shark fins possessed, transported, offered 
        for sale, sold, or purchased anywhere in the United States are 
        part of a large international market, having a substantial and 
        direct effect on interstate commerce.</DELETED>
        <DELETED>    (14) Abolition of the shark fin trade in the 
        United States will remove the United States from the global 
        shark fin market and will put the United States in a stronger 
        position to advocate internationally for abolishing the shark 
        fin trade in other countries.</DELETED>

<DELETED>SEC. 3. PROHIBITION ON SALE OF SHARK FINS.</DELETED>

<DELETED>    (a) Prohibition.--Except as provided in section 4, no 
person shall possess, transport, offer for sale, sell, or purchase 
shark fins or products containing shark fins.</DELETED>
<DELETED>    (b) Penalty.--A violation of subsection (a) 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.</DELETED>

<DELETED>SEC. 4. EXCEPTIONS.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (1) destroyed or discarded upon 
        separation;</DELETED>
        <DELETED>    (2) used for noncommercial subsistence purposes in 
        accordance with State or territorial law; or</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 5. DEFINITION OF SHARK FIN.</DELETED>

<DELETED>    In this Act, the term ``shark fin'' means--</DELETED>
        <DELETED>    (1) the raw or dried or otherwise processed 
        detached fin of a shark; or</DELETED>
        <DELETED>    (2) the raw or dried or otherwise processed 
        detached tail of a shark.</DELETED>

<DELETED>SEC. 6. STATE AUTHORITY.</DELETED>

<DELETED>    Nothing in this Act 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 Act.</DELETED>

<DELETED>SEC. 7. SEVERABILITY.</DELETED>

<DELETED>    If any provision of this Act or its application to any 
person or circumstance is held invalid, the invalidity does not affect 
other provisions or applications of this Act which can be given effect 
without the invalid provision or application, and to this end the 
provisions of this Act are severable.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Shark Fin Trade Elimination Act of 
2017''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Sharks are critically important species for their 
        economic, cultural, and ecosystem value.
            (2) Many shark populations are in peril worldwide and are 
        on the decline.
            (3) One of the greatest threats to sharks is the global 
        trade in shark fins. It is estimated that fins from as many as 
        73,000,000 sharks end up in the global shark fin trade every 
        year.
            (4) Shark fins have no medicinal or nutritional value.
            (5) The trade in shark fins is primarily focused on large 
        coastal and pelagic species that grow slowly, mature late, and 
        have low reproduction rates.
            (6) Shark fins are often removed and retained while the 
        remainder of a shark is discarded due to the high market value 
        of shark fins relative to other parts of a shark.
            (7) Shark fins are removed primarily to be commercialized 
        as a fungible commodity.
            (8) Shark finning is the cruel practice in which the fins 
        of a shark are cut off on board a fishing vessel at sea. The 
        remainder of the animal is then thrown back into the water to 
        drown, starve, or die a slow death.
            (9) Although the United States has banned the practice of 
        shark finning aboard vessels in waters controlled by the United 
        States, there is no Federal ban on the removal and sale of 
        shark fins once the fin is brought ashore.
            (10) Once a shark fin is detached from the body, it becomes 
        impossible to determine whether the shark was legally caught or 
        the fin lawfully removed.
            (11) It is difficult to determine which species of shark a 
        fin was removed from, which is problematic because some species 
        are threatened with extinction.
            (12) The States of Texas, Delaware, Hawaii, Illinois, 
        Massachusetts, Maryland, New York, Oregon, Rhode Island, 
        California, and Washington and American Samoa, Guam, and the 
        North Mariana Islands have implemented bans on the sale of 
        shark fins.
            (13) Shark fins possessed, transported, offered for sale, 
        sold, or purchased anywhere in the United States are part of a 
        large international market, having a substantial and direct 
        effect on interstate commerce.
            (14) Abolition of the shark fin trade in the United States 
        will remove the United States from the global shark fin market 
        and will put the United States in a stronger position to 
        advocate internationally for abolishing the shark fin trade in 
        other countries.

SEC. 3. PROHIBITION ON SALE OF SHARK FINS.

    (a) Prohibition.--Except as provided in section 4, no person shall 
possess, transport, offer for sale, sell, or purchase shark fins or 
products containing shark fins.
    (b) Penalty.--A violation of subsection (a) 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.

SEC. 4. 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.

SEC. 5. DOGFISH.

    (a) In General.--It shall not be a violation of section 3 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).
    (b) Report.--By not later than January 1, 2027, the Secretary of 
Commerce shall review the exemption contained in subsection (a) and 
shall prepare and submit to Congress a report that includes a 
recommendation on whether the exemption contained in subsection (a) 
should continue or be terminated. In preparing such report and making 
such recommendation, the Secretary shall 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. 6. DEFINITION OF SHARK FIN.

    In this Act, 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.

SEC. 7. STATE AUTHORITY.

    Nothing in this Act 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 Act.

SEC. 8. SEVERABILITY.

    If any provision of this Act or its application to any person or 
circumstance is held invalid, the invalidity does not affect other 
provisions or applications of this Act which can be given effect 
without the invalid provision or application, and to this end the 
provisions of this Act are severable.
                                                       Calendar No. 675

115th CONGRESS

  2d Session

                                 S. 793

                          [Report No. 115-388]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           November 27, 2018

                       Reported with an amendment