Florida Senate - 2017 CS for SB 884 By the Committee on Environmental Preservation and Conservation; and Senator Hutson 592-02438-17 2017884c1 1 A bill to be entitled 2 An act relating to shark fins; creating s. 379.2426, 3 F.S.; defining terms; prohibiting persons from 4 possessing separated shark fins except under certain 5 conditions; providing penalties; prohibiting persons 6 with suspended or revoked saltwater license privileges 7 from engaging in certain activities; providing an 8 effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Section 379.2426, Florida Statutes, is created 13 to read: 14 379.2426 Possession of separated shark fins on the water 15 prohibited; penalties.— 16 (1)°As used in this section, the term: 17 (a) “Land” means the physical act of bringing a harvested 18 organism, or any part thereof, ashore. 19 (b) “Shark” means any of the species from the superorder 20 Selachimorpha. 21 (c) “Shark fin” means the detached fin of a shark, 22 including the caudal or tail fin, or any portion thereof. 23 (2) A person may not possess in or on the waters of this 24 state a shark fin that has been separated from a shark or land a 25 separated shark fin in this state, unless: 26 (a) Such possession is authorized by commission rule; or 27 (b) Such fin has been lawfully obtained on land, prepared 28 by taxidermy, and is possessed for the purposes of display. 29 (3) A commercial harvester who commits a violation of this 30 section is subject to the following penalties: 31 (a) For a first violation, a misdemeanor of the second 32 degree, punishable as provided in s. 775.082 or s. 775.083. In 33 addition, the commission shall assess an administrative fine of 34 $5,000 and suspend all of the harvester’s saltwater license 35 privileges under this chapter for 180 days. 36 (b) For a second violation, a misdemeanor of the second 37 degree, punishable as provided in s. 775.082 or s. 775.083. In 38 addition, the commission shall assess an administrative fine of 39 $10,000 and suspend all of the harvester’s saltwater license 40 privileges under this chapter for 180 days. 41 (c) For a third and any subsequent violations, a 42 misdemeanor of the first degree, punishable as provided in s. 43 775.082 or s. 775.083. In addition, the commission shall assess 44 an administrative fine of $10,000 and permanently revoke all of 45 the harvester’s saltwater license privileges under this chapter. 46 47 While his or her saltwater license privileges are under 48 suspension or revocation pursuant to this subsection, a person 49 may not participate in the taking or harvesting, or attempt the 50 taking or harvesting, of saltwater products from any vessel 51 within the waters of the state; be aboard any vessel on which a 52 commercial quantity of saltwater products is possessed through 53 an activity requiring a license pursuant to this chapter; or 54 engage in any other activity requiring a license, permit, or 55 certificate issued pursuant to this chapter. 56 (4) A person in violation of this section who is not a 57 commercial harvester is subject to the following penalties: 58 (a) For a first violation, a misdemeanor of the second 59 degree, punishable as provided in s. 775.082 or s. 775.083. In 60 addition, the commission shall assess an administrative fine of 61 up $5,000. 62 (b) For a second violation, a misdemeanor of the first 63 degree, punishable as provided in s. 775.082 or s. 775.083. In 64 addition, the commission shall assess an administrative fine of 65 up to $10,000. 66 (c) For a third and any subsequent violations, a 67 misdemeanor of the first degree, punishable as provided in s. 68 775.082 or s. 775.083. In addition, the commission shall assess 69 an administrative fine of no less than $5,000, but not more than 70 $10,000. 71 Section 2. This act shall take effect October 1, 2017. 72