Full Statute Name:  West's Florida Statutes Annotated. Title XXVIII. Natural Resources; Conservation, Reclamation, and Use (Chapters 369-380). Chapter 379. Fish and Wildlife Conservation. Part II. Marine Life. 379.2426. Possession of separated shark fins on the water prohibited; penalties

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Primary Citation:  West's F.S.A. § 379.2426 Country of Origin:  United States Last Checked:  March, 2019 Date Adopted:  2017
Summary: This Florida law prohibits a person from possessing in or on the waters a shark fin that has been separated from a shark or land a separated shark fin unless possession is authorized by a commission rule or such fin has been lawfully obtained on land, prepared by taxidermy, and is possessed for the purposes of display. A first-time violation is a misdemeanor of the second degree, which includes a fine of up to $4,500 and suspension of license privileges for 180 days. Subsequent violations result in enhanced penalties.

(1) As used in this section, the term:

(a) “Land” means the physical act of bringing a harvested organism, or any part thereof, ashore.

(b) “Shark” means any species of the orders Carcharhiniformes, Lamniformes, Hexanchiformes, Orectolobiformes, Pristiophoriformes, Squaliformes, Squatiniformes, or any part thereof.

(c) “Shark fin” means the detached fin of a shark, including the caudal or tail fin, or any portion thereof.

(d) “Separated,” with respect to a shark fin, means not naturally attached to the corresponding shark body through some portion of uncut skin.

(2) A person may not possess in or on the waters of this state a shark fin that has been separated from a shark or land a separated shark fin in this state, unless:

(a) Such possession is authorized by commission rule; or

(b) Such fin has been lawfully obtained on land, prepared by taxidermy, and is possessed for the purposes of display.

(3) A person who violates this section is subject to the following penalties:

(a) For a first violation, a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. In addition, the commission shall assess an administrative fine of $4,500 and suspend all of the person's license privileges under this chapter for 180 days.

(b) For a second violation, a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. In addition, the commission shall assess an administrative fine of $9,500 and suspend all of the person's license privileges under this chapter for 365 days.

(c) For a third and any subsequent violation, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. In addition, the commission shall assess an administrative fine of $9,500 and permanently revoke all of the person's license privileges under this chapter.

While his or her license privileges are under suspension or revocation pursuant to this subsection, a person may not participate in the taking or harvesting, or attempt the taking or harvesting, of saltwater products from any vessel within the waters of the state; be aboard any vessel on which a commercial quantity of saltwater products is possessed through an activity requiring a license pursuant to this chapter; or engage in any other activity requiring a license, permit, or certificate issued pursuant to this chapter.

Credits
Added by Laws 2017, c. 2017-24, § 1, eff. Oct. 1, 2017.

 

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