Full Statute Name:  West's Annotated California Codes, Fish and Game Code, Division 3. Fish and Game Generally, Chapter 1. Taking and Possessing in General, § 2021. Shark fins; unlawful possession, sale, offer for sale, trading, or distribution; exceptions

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Primary Citation:  West's Ann.Cal.Fish & G.Code §§ 2021, 2021.5 Country of Origin:  United States Last Checked:  October, 2014 Alternate Citation:  CA FISH & G § 2021, 2021.5 Date Adopted:  2011
Summary:

Under these California statutes, it is unlawful to possess, sell, offer for sale, trade, or distribute a shark fin. However, there are exceptions for people who have a license or permit. In addition, people and restaurants who have a shark fin as of January 1, 2012 may possess it until January 1, 2013.

Statute Text: 

 

§ 2021 . Shark fins; unlawful possession, sale, offer for sale, trading, or distribution; exceptions

§ 2021.5 . Shark fins; possession or donation by persons holding license or permit to take or land sharks for recreational or commercial purposes; possession, sale, offer for sale, trade, or distribution of shark fins possessed as of Jan. 1, 2012; sale or possession for taxidermy purposes; annual report to Legislature

 

§ 2021. Shark fins; unlawful possession, sale, offer for sale, trading, or distribution; exceptions

(a) As used in this section “shark fin” means the raw, dried, or otherwise processed detached fin, or the raw, dried, or otherwise processed detached tail, of an elasmobranch.

(b) Except as otherwise provided in subdivisions (c), (d), and (e), it shall be unlawful for any person to possess, sell, offer for sale, trade, or distribute a shark fin.

(c) Any person who holds a license or permit pursuant to Section 1002 may possess a shark fin or fins consistent with that license or permit.

(d) Any person who holds a license or permit issued by the department to take or land sharks for recreational or commercial purposes may possess a shark fin or fins consistent with that license or permit.

(e) Before January 1, 2013, any restaurant may possess, sell, offer for sale, trade, or distribute a shark fin possessed by that restaurant, as of January 1, 2012, that is prepared for consumption.

Credits

(Added by Stats.2011, c. 524 (A.B.376), § 2.)

 

§ 2021.5. Shark fins; possession or donation by persons holding license or permit to take or land sharks for recreational or commercial purposes; possession, sale, offer for sale, trade, or distribution of shark fins possessed as of Jan. 1, 2012; sale or possession for taxidermy purposes; annual report to Legislature

(a) Notwithstanding Section 2021, all of the following provisions apply:

(1) Any person who holds a license or permit issued by the department to take or land sharks for recreational or commercial purposes may possess, including for purposes of consumption or taxidermy, or may donate to a person licensed or permitted pursuant to Section 1002, a shark fin or fins consistent with that license or permit.

(2) Before July 1, 2013, any person may possess, sell, offer for sale, trade, or distribute a shark fin possessed by that person, as of January 1, 2012.

(3) Nothing in Section 2021 prohibits the sale or possession of a shark carcass, skin, or fin for taxidermy purposes pursuant to Section 3087.

(b)(1) The Ocean Protection Council shall submit an annual report to the Legislature that lists any shark species that have been independently certified to meet internationally accepted standards for sustainable seafood, as defined in Section 35550 of the Public Resources Code, and adopted by the Ocean Protection Council pursuant to Section 35617 of the Public Resources Code, including chain of custody standards.

(2) A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

Credits

(Added by Stats.2011, c. 525 (A.B.853), § 1.)

 

 

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