Bill > S2044

Introduced Session

This bill prohibits: (1) the sale, trade, or distribution, or the offering for sale, trade, or distribution, 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 also 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. A person is authorized, until January 1, 2017, to possess, sell, trade, or distribute, and to offer or expose for sale, trade, or distribution, 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, or distribution of shark fins is subject: (1) for a first offense, to a fine of between $5,000 and $15,000; (2) for a second offense, to a fine of between $15,000 and $35,000; and (3) for a third or subsequent offense, to a fine of between $35,000 and $55,000, or to a term of imprisonment of up to 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. Any shark fins possessed in violation of the bill's provisions, and any vessels, vehicles, equipment, or other property utilized in the commission of a second or subsequent violation of the bill's provisions, are subject to immediate seizure and ultimate forfeiture by summary proceeding. Any forfeited shark fins would be destroyed.

AI Summary

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Raymond Lesniak (D)*,  Jim Whelan (D)*,  Nilsa Cruz-Perez (D), 

Reported out of Assembly Comm. with Amendments, 2nd Reading (on 01/19/2017)