H. R. 5584
IN THE HOUSE OF REPRESENTATIVES
June 24, 2016
Mr. Sablan (for himself, Mr. Grijalva, Mr. Huffman, Ms. Bordallo, Mr. Thompson of California, Mr. Blumenauer, Mr. Royce, Mr. Farenthold, Mr. Meehan, and Mr. Katko) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Foreign Affairs, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To prohibit the sale of shark fins, and for other purposes.
This Act may be cited as the
Shark Fin Trade Elimination Act of 2016.
Prohibition on trade in shark fins
Except as provided in section 3, no person shall possess, trade, distribute, ship, transport, offer for sale, sell, purchase, import, or export shark fins or products containing shark fins.
For purposes of section 308(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858(a)), a violation of this section shall be treated as an act prohibited by section 307 of that Act (16 U.S.C. 1857).
Exemption for traditional fisheries, education, and science
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—
destroyed or discarded;
retained by the license or permit holder for a noncommercial purpose;
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.
In this Act:
except as provided in subparagraph (B), means any species of the subclass Elasmobranchii; and
does not include—
any stock of the species Mustelus canis (smooth dogfish) or Squalus acanthias (spiny dogfish) that is managed pursuant to a fishery management plan prepared under section 303 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853); or
any species in the superorder Batoidea that is managed pursuant to a fishery management plan prepared under section 303 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853).
shark fin means the raw, dried, or otherwise processed detached fin, or the raw, dried, or otherwise processed detached tail, of a shark.
import has the same meaning that term has under section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802).
Nothing in this Act precludes, denies, or limits any right of a State or territory of the United States to adopt or enforce any regulation or standard that is more stringent than a regulation or standard in effect under this Act.