Full Statute Name:  West's Oregon Revised Statutes Annotated. Title 41. Wildlife. Chapter 498. Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures. Angling Restrictions; Fish Protective Provisions. 498.257. Possession, sale, etc. of shark fins prohibited; exceptions; Title 42. Commercial Fishing and Fisheries. Chapter 509. General Protective Regulations. Wasting, Injuring and Destroying Fish. 509.160. Possession, sale, etc. of shark fins prohibited; exceptions

Share |
Primary Citation:  O. R. S. § 498.257, O. R. S. § 509.160 Country of Origin:  United States Last Checked:  November, 2014 Alternate Citation:  OR ST § 498.257, OR ST § 509.160 Date Adopted:  2011
Summary:

Under these Oregon statutes, a person may not possess, sell or offer for sale, trade or distribute a shark fin. However, there are exceptions for shark fins from spiny dogfish, for people who have a shark license, and for fish processors who have a license.

Statute Text: 

Title 41. Wildlife. Chapter 498. Hunting, Angling and Trapping Regulations; Miscellaneous Wildlife Protective Measures. Angling Restrictions; Fish Protective Provisions.

498.257 . Possession, sale, etc. of shark fins prohibited; exceptions

Title 42. Commercial Fishing and Fisheries. Chapter 509. General Protective Regulations. Wasting, Injuring and Destroying Fish.

509.160 . Possession, sale, etc. of shark fins prohibited; exceptions

 

498.257. Possession, sale, etc. of shark fins prohibited; exceptions

(1) As used in this section:

(a) “Shark fin” means the raw or dried fin or tail of a shark.

(b) “Spiny dogfish” means a shark belonging to the family Squalidae in the order Squaliformes that has two spines, one anterior to each dorsal fin, and that does not have an anal fin.

(2) A person may not possess, sell or offer for sale, trade or distribute a shark fin in this state.

(3) This section does not apply to:

(a) A person who possesses, sells or offers for sale, trades or distributes a shark fin from a spiny dogfish that was legally taken or landed under rules adopted by the State Department of Fish and Wildlife and in accordance with federal regulations; and

(b) A person who holds a license or permit issued by the State Department of Fish and Wildlife under the wildlife laws to take a shark and who possesses, sells or offers for sale, trades or distributes a shark fin consistent with the terms of that license or permit.

CREDIT(S)

Added by Laws 2011, c. 371, § 4, eff. Jan. 1, 2012.

HISTORICAL AND STATUTORY NOTES

2011 Legislation

Laws 2011, c. 371, § 5, eff. Jan. 1, 2012, provides:

“SECTION 5. Sections 2 (2) and 4 (2) of this 2011 Act do not apply to a person who possesses a shark fin on the effective date of this 2011 Act, except that the person may not sell or offer for sale, trade or distribute the shark fin.”

 

Title 42. Commercial Fishing and Fisheries. Chapter 509. General Protective Regulations. Wasting, Injuring and Destroying Fish.

509.160. Possession, sale, etc. of shark fins prohibited; exceptions

(1) As used in this section:

(a) “Shark fin” means the raw or dried fin or tail of a shark.

(b) “Spiny dogfish” means a shark belonging to the family Squalidae in the order Squaliformes that has two spines, one anterior to each dorsal fin, and that does not have an anal fin.

(2) A person may not possess, sell or offer for sale, trade or distribute a shark fin in this state.

(3) This section does not apply to:

(a) A person who possesses, sells or offers for sale, trades or distributes a shark fin from a spiny dogfish that was legally taken or landed under rules adopted by the State Department of Fish and Wildlife and in accordance with federal regulations;

(b) A person who holds a license or permit issued by the State Department of Fish and Wildlife under the commercial fishing laws to take a shark and who possesses, sells or offers for sale, trades or distributes a shark fin consistent with the terms of that license or permit; and

(c) A fish processor who holds a license under the commercial fishing laws, who possesses and processes a shark obtained from a person described in paragraph (a) of this subsection and who sells or offers for sale, trades or distributes the shark fin consistent with the terms of the license of that fish processor.

CREDIT(S)

Added by Laws 2011, c. 371, § 2, eff. Jan. 1, 2012.

HISTORICAL AND STATUTORY NOTES

2011 Legislation

Laws 2011, c. 371, § 5, eff. Jan. 1, 2012, provides:

“SECTION 5. Sections 2 (2) and 4 (2) of this 2011 Act do not apply to a person who possesses a shark fin on the effective date of this 2011 Act, except that the person may not sell or offer for sale, trade or distribute the shark fin.”

 

 

Share |