CS for CS for CS for SB 680                      First Engrossed
       
       
       
       
       
       
       
       
       2020680e1
       
    1                        A bill to be entitled                      
    2         An act relating to shark fins; amending s. 379.2426,
    3         F.S.; prohibiting the import, export, and sale of
    4         shark fins in this state; providing exceptions;
    5         providing for expiration of the exceptions; requiring
    6         the Fish and Wildlife Conservation Commission to
    7         evaluate the potential economic impacts to the
    8         commercial shark fishing industry in this state;
    9         requiring the commission to identify actions to lessen
   10         or offset impacts to the industry; requiring the
   11         commission to review the potential impact on shark
   12         populations; requiring a report to the Legislature by
   13         a specified date; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 379.2426, Florida Statutes, is amended
   18  to read:
   19         379.2426 Regulation Possession of separated shark fins on
   20  the water prohibited; penalties.—
   21         (1) As used in this section, the term:
   22         (a) “Land” means the physical act of bringing a harvested
   23  organism, or any part thereof, ashore.
   24         (b) “Shark” means any species of the orders
   25  Carcharhiniformes, Lamniformes, Hexanchiformes,
   26  Orectolobiformes, Pristiophoriformes, Squaliformes,
   27  Squatiniformes, or any part thereof.
   28         (c) “Shark fin” means the detached fin of a shark,
   29  including the caudal or tail fin, or any portion thereof.
   30         (d) “Separated,” with respect to a shark fin, means not
   31  naturally attached to the corresponding shark body through some
   32  portion of uncut skin.
   33         (2) A person may not possess in or on the waters of this
   34  state a shark fin that has been separated from a shark or land a
   35  separated shark fin in this state, unless:
   36         (a) Such possession is authorized by commission rule; or
   37         (b) Such fin has been lawfully obtained on land, prepared
   38  by taxidermy, and is possessed for the purposes of display.
   39         (3) Notwithstanding any other law, the import, export, and
   40  sale of shark fins is prohibited and nothing in this section
   41  authorizes such activities.
   42         (4)(a) The prohibitions under subsection (3) do not apply
   43  to any of the following:
   44         1. The sale of shark fins by any commercial fisherman who
   45  harvested sharks from a vessel holding a valid federal shark
   46  fishing permit on January 1, 2020.
   47         2. The export and sale of shark fins by any wholesale
   48  dealer holding a valid federal Atlantic shark dealer permit on
   49  January 1, 2020.
   50         3. The import, export, and sale of domestically sourced
   51  shark fins by any shark fin processor that obtains fins from a
   52  wholesale dealer holding a valid federal Atlantic shark dealer
   53  permit on January 1, 2020.
   54         (b) This subsection expires on January 1, 2025.
   55         (5)(3) A person who violates this section is subject to the
   56  following penalties:
   57         (a) For a first violation, a misdemeanor of the second
   58  degree, punishable as provided in s. 775.082 or s. 775.083. In
   59  addition, the commission shall assess an administrative fine of
   60  $4,500 and suspend all of the person’s license privileges under
   61  this chapter for 180 days.
   62         (b) For a second violation, a misdemeanor of the second
   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  $9,500 and suspend all of the person’s license privileges under
   66  this chapter for 365 days.
   67         (c) For a third and any subsequent violation, a misdemeanor
   68  of the first degree, punishable as provided in s. 775.082 or s.
   69  775.083. In addition, the commission shall assess an
   70  administrative fine of $9,500 and permanently revoke all of the
   71  person’s license privileges under this chapter.
   72  
   73  While his or her license privileges are under suspension or
   74  revocation pursuant to this subsection, a person may not
   75  participate in the taking or harvesting, or attempt the taking
   76  or harvesting, of saltwater products from any vessel within the
   77  waters of the state; be aboard any vessel on which a commercial
   78  quantity of saltwater products is possessed through an activity
   79  requiring a license pursuant to this chapter; or engage in any
   80  other activity requiring a license, permit, or certificate
   81  issued pursuant to this chapter.
   82         Section 2. The Fish and Wildlife Conservation Commission
   83  shall evaluate the potential economic impact to the commercial
   84  shark fishing industry associated with the prohibition of the
   85  import, export, and sale of shark fins in Florida. Based on any
   86  identified negative economic impacts to the commercial shark
   87  fishing industry, the commission shall identify actions to
   88  lessen or offset impacts on the industry to the extent
   89  practicable. The commission also shall review the potential
   90  impact on shark populations associated with the prohibition of
   91  the import, export, and sale of shark fins in Florida. The
   92  commission shall report its findings to the Governor, the
   93  President of the Senate, and the Speaker of the House of
   94  Representatives by December 31, 2023.
   95         Section 3. This act shall take effect October 1, 2020.