(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) Notwithstanding any other law, the import, export, and sale of shark fins is prohibited, and nothing in this section authorizes such activities.
(4) The prohibitions under subsection (3) do not apply to any of the following:
(a) The sale of shark fins by any commercial fisher who harvested sharks from a vessel holding a valid federal shark fishing permit on January 1, 2020.
(b) The export and sale of shark fins by any wholesale dealer holding a valid federal Atlantic shark dealer permit on January 1, 2020.
(c) The export and sale of domestically sourced shark fins by any shark fin processor that obtains fins from a wholesale dealer holding a valid federal Atlantic shark dealer permit on January 1, 2020.
(5) 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. Amended by Laws 2020, c. 2020-172, § 2, eff. Oct. 1, 2020; Laws 2021, c. 2021-51, § 22, eff. June 29, 2021.