HB 401 — Shark Fins

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 401 2020 A bill to be entitled An act relating to shark fins;

providing applicability;

67 Be It Enacted by the Legislature of the State of Florida:

89 Section 1.

SubsectionSection (3) of section 379.2426, Florida Statutes, is renumberedamended as subsection (4), and a new subsection (3) is added to that section, to read:

penalties.— (3)(1) NotwithstandingAs anyused other law, the import, export, and sale of shark fins is prohibited and nothing in this sectionsection, authorizesthe suchterm: activities.

(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 Page 1 of 3 CODING:

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hb0401-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 401 2020 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)(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.

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hb0401-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 401 2020 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.

(5) The prohibition of the export and sale of shark fins under subsection (3) does not apply to commercial fishermen who hold a valid federal shark fishing permit on January 1, 2020, or to seafood dealers who harvest and possess sharks, shark fins, and associated shark products that are legally landed, handled, processed, and transported.

This subsection expires on January 1, 2025.

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