Florida Senate - 2019                                     SB 352
       
       
        
       By Senator Gruters
       
       
       
       
       
       23-00666A-19                                           2019352__
    1                        A bill to be entitled                      
    2         An act relating to shark fins and ray parts; amending
    3         s. 379.2426, F.S.; providing and revising definitions;
    4         prohibiting the possession, sale or offer to sell,
    5         purchase or offer to purchase, or distribution of
    6         shark fins and ray parts, instead of only the
    7         possession of separated shark fins, under specified
    8         circumstances; providing exceptions; directing the
    9         Fish and Wildlife Conservation Commission to adopt
   10         specified rules; providing and revising penalties;
   11         providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 379.2426, Florida Statutes, is amended
   16  to read:
   17         379.2426 Possession, sale, purchase, or distribution of
   18  separated shark fins or ray parts on the water prohibited;
   19  penalties.—
   20         (1) As used in this section, the term:
   21         (a) “Landed or taken” “Land” means the physical act by
   22  which of bringing a harvested shark or ray organism, or any part
   23  thereof, is brought ashore.
   24         (b)“Ray” means any species of the order Myliobatiformes.
   25         (c)“Ray part” means any part of a ray.
   26         (d)(b) “Shark” means any species of the orders
   27  Carcharhiniformes, Lamniformes, Hexanchiformes,
   28  Heterodontiformes, Orectolobiformes, Pristiophoriformes,
   29  Squaliformes, Squatiniformes, or any part thereof.
   30         (e)(c) “Shark fin” means the detached fin of a shark,
   31  including the caudal or tail fin, or any portion thereof.
   32         (d)“Separated,” with respect to a shark fin, means not
   33  naturally attached to the corresponding shark body through some
   34  portion of uncut skin.
   35         (2) A person may not purchase or offer to purchase, sell or
   36  offer to sell, or possess for the purpose of transporting,
   37  shipping, or otherwise distributing for sale, barter, or
   38  exchange a shark fin or ray part regardless of where the shark
   39  or ray was landed or taken possess in or on the waters of this
   40  state a shark fin that has been separated from a shark or land a
   41  separated shark fin in this state, unless:
   42         (a) Such possession is authorized by commission rule; or
   43         (b) Such shark fin or ray part is has been lawfully
   44  obtained on land, prepared by taxidermy, and is possessed for
   45  the purpose purposes of display;
   46         (c)Such shark fin or ray part is from a shark or ray that
   47  a person has lawfully landed or taken and retained for personal,
   48  noncommercial use; or
   49         (d)Such purchase or offer to purchase, sale or offer to
   50  sell, or possession for the purpose of transporting, shipping,
   51  or otherwise distributing for sale, barter, or exchange shark
   52  fins or ray parts is authorized by the commission for a bona
   53  fide scientific research or educational purpose.
   54         (3)Notwithstanding subsection (2):
   55         (a)A person may purchase or offer to purchase, sell or
   56  offer to sell, or possess for the purpose of transporting,
   57  shipping, or otherwise distributing for sale, barter, or
   58  exchange:
   59         1.A shark carcass that retains all of its fins naturally
   60  attached to the carcass through some portion of uncut skin; or
   61         2.A ray carcass that retains all of its parts naturally
   62  attached to the carcass through some portion of uncut skin.
   63         (b)Until October 1, 2019, any restaurant holding a valid
   64  license issued by the Department of Business and Professional
   65  Regulation may use any existing inventory of shark fins or ray
   66  parts for human consumption.
   67         (4)The commission shall adopt rules to implement this
   68  section. To the maximum extent practicable, such rules shall
   69  provide for the protection of sharks and rays identified as
   70  endangered or threatened by the state or Federal Government or
   71  included in Appendix I or II of the Convention on International
   72  Trade in Endangered Species.
   73         (5)(3) A person who violates this section is subject to the
   74  following penalties:
   75         (a) For a first violation, a misdemeanor of the second
   76  degree, punishable as provided in s. 775.082 or s. 775.083. In
   77  addition, the commission shall assess an administrative fine of
   78  $4,500 per shark fin or ray part and suspend all of the person’s
   79  license privileges under this chapter for 180 days.
   80         (b) For a second violation, a misdemeanor of the second
   81  degree, punishable as provided in s. 775.082 or s. 775.083. In
   82  addition, the commission shall assess an administrative fine of
   83  $9,500 per shark fin or ray part and suspend all of the person’s
   84  license privileges under this chapter for 365 days.
   85         (c) For a third and any subsequent violation, a misdemeanor
   86  of the first degree, punishable as provided in s. 775.082 or s.
   87  775.083. In addition, the commission shall assess an
   88  administrative fine of $25,000 per shark fin or ray part $9,500
   89  and permanently revoke all of the person’s license privileges
   90  under this chapter.
   91  
   92  While his or her license privileges are under suspension or
   93  revocation pursuant to this subsection, a person may not
   94  participate in the taking or harvesting, or attempt the taking
   95  or harvesting, of saltwater products from any vessel within the
   96  waters of the state; be aboard any vessel on which a commercial
   97  quantity of saltwater products is possessed through an activity
   98  requiring a license pursuant to this chapter; or engage in any
   99  other activity requiring a license, permit, or certificate
  100  issued pursuant to this chapter.
  101         Section 2. This act shall take effect October 1, 2019.