Legislation

Search OpenLegislation Statutes
This entry was published on 2020-04-24
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 13-0338
Sharks; department authority; finning prohibited
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 13, TITLE 3
§ 13-0338. Sharks; department authority; finning prohibited.

1. For purposes of this section:

a. "Shark" means any species of the subclass Elasmobranchii except
species in the order Batoidei;

b. "Finning" means the removal of a fin or fins from a shark and not
retaining the remainder of the shark's carcass; and

c. "Shark fin" means the raw, dried or otherwise processed detached
fin including the tail.

2. No person shall engage in finning on the waters of the marine and
coastal district.

3. a. No person shall possess, sell, offer for sale, trade or
distribute a shark fin; provided, however, that this prohibition shall
not apply to any shark fin that was taken from a spiny dogfish (Squalus
acanthias) or a smooth dogfish (Mustelus canis) lawfully caught by a
licensed commercial fisherman.

b. A shark fin may be possessed by any person if the shark was
lawfully caught and the person has a recreational marine fishing
registration or a license or permit from the department for bona fide
scientific research or educational purposes.

4. The department may, until December thirty-first, two thousand
twenty-three, fix by regulation measures for the management of sharks,
including size limits, catch and possession limits, open and closed
seasons, closed areas, restrictions on the manner of taking and landing,
requirements for permits and eligibility therefor, recordkeeping
requirements, requirements on the amount and type of fishing effort and
gear, and requirements relating to transportation, possession and sale,
provided that such regulations are no less restrictive than requirements
set forth in this chapter and provided further that such regulations are
consistent with the compliance requirements of applicable fishery
management plans adopted by the Atlantic States Marine Fisheries
Commission and with applicable provisions of fishery management plans
adopted pursuant to the Federal Fishery Conservation and Management Act
(16 U.S.C. §1800 et seq.).

* 5. Sharks, excluding spiny dogfish, shall not be taken for
commercial or recreational purposes by baited hooking except with the
use of non-stainless steel non-offset circle hooks. In addition, no
person shall conduct, sponsor or participate in any shark tournament
unless said tournament's rules and regulations require the exclusive use
of non-stainless steel non-offset circle hooks.

* NB Repealed December 31, 2022