,,ii ,calendar ,no4 #cbe #aafth ,,congress #ast ,session ,s4 #hgg ,report ,no4 #aaf-agc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bf1 #bjai,mr4 ,booker 7for himself1 ,mrs4 ,capito1 ,ms4 ,cantwell1 ,mr4 ,portman1 ,mr4 ,whitehouse1 ,ms4 ,mc,sally1 ,mr4 ,schatz1 ,mr4 ,blumenthal1 ,ms4 ,collins1 ,mr4 ,braun1 ,ms4 ,duckworth1 ,ms4 ,hirono1 ,mr4 ,boozman1 ,mr4 ,casey1 ,mr4 ,merkley1 ,mrs4 ,shaheen1 ,mr4 ,menendez1 ,mr4 ,carper1 ,ms4 ,baldwin1 ,ms4 ,cortez ,masto1 ,mr4 ,warner1 ,mr4 ,peters1 ,mr4 ,sanders1 ,mr4 ,king1 ,ms4 ,sinema1 ,ms4 ,smith1 ,ms4 ,rosen1 ,ms4 ,harris1 ,mr4 ,murphy1 ,mr4 ,leahy1 ,mr4 ,van ,hollen1 ,mr4 ,cardin1 ,mrs4 ,murray1 ,mr4 ,durbin1 ,mr4 ,wyden1 ,mrs4 ,gillibrand1 ,mr4 ,kaine1 ,mr4 ,brown1 ,mr4 ,heinrich1 ,mr4 ,bennet1 and ,ms4 ,hassan7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,december #ab1 #bjai,reported by ,mr4 ,wicker1 without amendment ,a ,,bill ,to prohibit sale of shark fins1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,shark ,fin ,sales ,elimination ,act of #bjai4 #b4 ,findings ,congress finds the following3 7#a7 ,sharks are critically important species for their economic1 cultural1 and ecosystem value4 7#b7 ,many shark populations are in peril worldwide and are on the decline4 7#c7 ,one of the greatest threats to sharks is the global trade in shark fins4 ,it is estimated that fins from as many as #gc1jjj1jjj sharks end up in the global shark fin trade every year4 7#d7 ,shark fins have no medicinal or nutritional value4 7#e7 ,the trade in shark fins is primarily focused on large coastal and pelagic species that grow slowly1 mature late1 and have low reproduction rates4 7#f7 ,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 shark4 7#g7 ,shark fins are removed primarily to be commercialized as a fungible commodity4 7#h7 ,shark finning is the cruel practice in which the fins of a shark are cut off on board a fishing vessel at sea4 ,the remainder of the animal is then thrown back into the water to drown1 starve1 or die a slow death4 7#i7 ,although the ,united ,states has banned the practice of shark finning aboard vessels in waters controlled by the ,united ,states1 there is no ,federal ban on the removal and sale of shark fins once the fin is brought ashore4 7#aj7 ,once a shark fin is detached from the body1 it becomes impossible to determine whether the shark was legally caught or the fin lawfully removed4 7#aa7 ,it is difficult to determine which species of shark a fin was removed from1 which is problematic because some species are threatened with extinction4 7#ab7 ,the ,states of ,texas1 ,delaware1 ,hawaii1 ,illinois1 ,massachusetts1 ,maryland1 ,new ,york1 ,oregon1 ,rhode ,island1 ,california1 ,nevada1 and ,washington and ,american ,samoa1 ,guam1 and the ,north ,mariana ,islands have implemented bans on the sale of shark fins4 7#ac7 ,shark fins possessed1 transported1 offered for sale1 sold1 or purchased anywhere in the ,united ,states are part of a large international market1 having a substantial and direct effect on interstate commerce4 7#ad7 ,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 countries4 #c4 ,prohibition on sale of shark fins 7a7 ,prohibition ,except as provided in section #d1 no person shall possess1 transport1 offer for sale1 sell1 or purchase shark fins or products containing shark fins4 7b7 ,penalty ,a violation of subsection 7a7 shall be treated as an act prohibited by section #cjg of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheg7 and shall be penalized pursuant to section #cjh7;a7 of that ,act 7#af ,u4,s4,c4 #aheh7;a771 except that the maximum civil penalty for each violation shall be #ajj1jjj1 or the fair market value of the shark fins involved1 whichever is greater4 #d4 ,exceptions ,a person may possess a shark fin that was taken lawfully under a ,state1 territorial1 or ,federal license or permit to take or land sharks1 if the shark fin is separated from the shark in a manner consistent with the license or permit and is-- 7#a7 destroyed or discarded upon separation2 7#b7 used for noncommercial subsistence purposes in accordance with ,state or territorial law2 7#c7 used solely for display or research purposes by a museum1 college1 or university1 or other person under a ,state or ,federal permit to conduct noncommercial scientific research2 or 7#d7 retained by the license or permit holder for a noncommercial purpose4 #e4 ,dogfish 7a7 ,in general ,it shall not be a violation of section #c for any person to possess1 transport1 offer for sale1 sell1 or purchase any fresh or frozen raw fin or tail from any stock of the species ,mustelus canis 7smooth dogfish7 or ,squalus acanthias 7spiny dogfish74 7b7 ,report ,by not later than ,january #a1 #bjbg1 the ,secretary of ,commerce shall review the exemption contained in subsection 7a7 and shall prepare and submit to ,congress a report that includes a recommendation on whether the exemption contained in subsection 7a7 should continue or be terminated4 ,in preparing such report and making such recommendation1 the ,secretary shall analyze factors including-- 7#a7 the economic viability of dogfish fisheries with and without the continuation of the exemption2 7#b7 the impact to ocean ecosystems of continuing or terminating the exemption2 7#c7 the impact on enforcement of the ban contained in section #c caused by the exemption2 and 7#d7 the impact of the exemption on shark conservation4 #f4 ,definition of shark fin ,in this ,act1 the term shark fin means-- 7#a7 the raw or dried or otherwise processed detached fin of a shark2 or 7#b7 the raw or dried or otherwise processed detached tail of a shark4 #g4 ,state authority ,nothing in this ,act may be construed to preclude1 deny1 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 ,act4 #h4 ,severability ,if any provision of this ,act or its application to any person or circumstance is held invalid1 the invalidity does not affect other provisions or applications of this ,act which can be given effect without the invalid provision or application1 and to this end the provisions of this ,act are severable4 ,december #ab1 #bjai,reported without amendment