Bill > A4845

Introduced Session

This bill prohibits: (1) the sale, trade, or distribution, or the offering for sale, of any shark fin; and (2) the possession of any shark fin that has been separated from a shark prior to its lawful landing. The bill's prohibitions do not apply to lawfully obtained shark fins possessed, sold, traded, or distributed for scientific research or educational purposes, or to lawfully obtained smooth dogfish or spiny dogfish fins. The bill allows commercial and recreational fishermen to possess shark fins from sharks if obtained lawfully in a manner consistent with the fisherman's license or permit. Under the bill, a person is authorized, until January 1 of the year next following the date of enactment of the bill, to possess, sell, trade, or distribute, or offer for sale, any shark fin that is in that person's possession on or before the date of enactment of this bill. A person who violates the bill's prohibitions against the possession, sale, trade, distribution, or offer for sale of shark fins is subject: (1) for a first offense, to a civil administrative penalty of not less than $5,000 or more than $15,000; (2) for a second offense, to a civil administrative penalty of not less than $15,000 or more than $35,000; and (3) for a third or subsequent offense, to a civil administrative penalty of not less than $35,000 or more than $55,000, or by imprisonment of not more than one year, or both. Each day during which a violation continues constitutes an additional, separate, and distinct offense. The Commissioner of Environmental Protection may assess an additional penalty for an amount up to the value of the economic gain from violating the bill's provisions. Shark fins possessed in violation of the bill's provisions, and vessels, vehicles, equipment, or other property utilized in the commission of a second or subsequent violation of the bill's provisions, are subject to seizure and forfeiture by a summary proceeding. Shark fins determined by a court to be possessed, sold, traded, distributed, or offered for sale in violation of the provisions of the bill would be destroyed. The bill also provides that a person or business holding a commercial or recreational fishing license or permit that violates the provisions of the bill would have their license or permit suspended or revoked.

AI Summary

Committee Categories

John Armato (D)*,  Vincent Mazzeo (D)*,  Raj Mukherji (D)*,  Clinton Calabrese (D),  Mila Jasey (D),  John McKeon (D),  Carol Murphy (D),  Andrew Zwicker (D), 

Substituted by S2905 (1R) (on 11/25/2019)