Bill Text: FL S0680 | 2020 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Shark Fins

Spectrum:

Status: (Passed) 2020-09-21 - Chapter No. 2020-172 [S0680 Detail]

Download: Florida-2020-S0680-Engrossed.html

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       CS for CS for CS for SB 680                     Second Engrossed
       
       
       
       
       
       
       
       
       2020680e2
       
    1                        A bill to be entitled                      
    2         An act relating to shark fins; providing a short
    3         title; amending s. 379.2426, F.S.; prohibiting the
    4         import, export, and sale of shark fins in this state;
    5         providing exceptions; requiring the Fish and Wildlife
    6         Conservation Commission to evaluate the potential
    7         economic impacts to the commercial shark fishing
    8         industry in this state; requiring the commission to
    9         identify actions to lessen or offset impacts to the
   10         industry; requiring the commission to review the
   11         potential impact on shark populations; requiring a
   12         report to the Legislature by a specified date;
   13         authorizing the Legislature to impose a ban on the
   14         domestic production of shark fins based upon the
   15         findings of the report; providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. This act may be cited as the “Kristin Jacobs
   20  Ocean Conservation Act.”
   21         Section 2. Section 379.2426, Florida Statutes, is amended
   22  to read:
   23         379.2426 Regulation Possession of separated shark fins on
   24  the water prohibited; penalties.—
   25         (1) As used in this section, the term:
   26         (a) “Land” means the physical act of bringing a harvested
   27  organism, or any part thereof, ashore.
   28         (b) “Shark” means any species of the orders
   29  Carcharhiniformes, Lamniformes, Hexanchiformes,
   30  Orectolobiformes, Pristiophoriformes, Squaliformes,
   31  Squatiniformes, or any part thereof.
   32         (c) “Shark fin” means the detached fin of a shark,
   33  including the caudal or tail fin, or any portion thereof.
   34         (d) “Separated,” with respect to a shark fin, means not
   35  naturally attached to the corresponding shark body through some
   36  portion of uncut skin.
   37         (2) A person may not possess in or on the waters of this
   38  state a shark fin that has been separated from a shark or land a
   39  separated shark fin in this state, unless:
   40         (a) Such possession is authorized by commission rule; or
   41         (b) Such fin has been lawfully obtained on land, prepared
   42  by taxidermy, and is possessed for the purposes of display.
   43         (3) Notwithstanding any other law, the import, export, and
   44  sale of shark fins is prohibited and nothing in this section
   45  authorizes such activities.
   46         (4) The prohibitions under subsection (3) do not apply to
   47  any of the following:
   48         (a) The sale of shark fins by any commercial fisherman who
   49  harvested sharks from a vessel holding a valid federal shark
   50  fishing permit on January 1, 2020.
   51         (b) The export and sale of shark fins by any wholesale
   52  dealer holding a valid federal Atlantic shark dealer permit on
   53  January 1, 2020.
   54         (c) The export and sale of domestically sourced shark fins
   55  by any shark fin processor that obtains fins from a wholesale
   56  dealer holding a valid federal Atlantic shark dealer permit on
   57  January 1, 2020.
   58         (5)(3) A person who violates this section is subject to the
   59  following penalties:
   60         (a) For a first violation, a misdemeanor of the second
   61  degree, punishable as provided in s. 775.082 or s. 775.083. In
   62  addition, the commission shall assess an administrative fine of
   63  $4,500 and suspend all of the person’s license privileges under
   64  this chapter for 180 days.
   65         (b) For a second violation, a misdemeanor of the second
   66  degree, punishable as provided in s. 775.082 or s. 775.083. In
   67  addition, the commission shall assess an administrative fine of
   68  $9,500 and suspend all of the person’s license privileges under
   69  this chapter for 365 days.
   70         (c) For a third and any subsequent violation, a misdemeanor
   71  of the first degree, punishable as provided in s. 775.082 or s.
   72  775.083. In addition, the commission shall assess an
   73  administrative fine of $9,500 and permanently revoke all of the
   74  person’s license privileges under this chapter.
   75  
   76  While his or her license privileges are under suspension or
   77  revocation pursuant to this subsection, a person may not
   78  participate in the taking or harvesting, or attempt the taking
   79  or harvesting, of saltwater products from any vessel within the
   80  waters of the state; be aboard any vessel on which a commercial
   81  quantity of saltwater products is possessed through an activity
   82  requiring a license pursuant to this chapter; or engage in any
   83  other activity requiring a license, permit, or certificate
   84  issued pursuant to this chapter.
   85         Section 3. (1) The Fish and Wildlife Conservation
   86  Commission shall evaluate the potential economic impact to the
   87  commercial shark fishing industry associated with the
   88  prohibition of the import, export, and sale of shark fins in
   89  Florida. Based on any identified negative economic impacts to
   90  the commercial shark fishing industry, the commission shall
   91  identify actions to lessen or offset impacts on the industry to
   92  the extent practicable. The commission also shall review the
   93  potential impact on shark populations associated with the
   94  prohibition of the import, export, and sale of shark fins in
   95  Florida. The commission may review and include any other
   96  information it believes is relevant to the management of shark
   97  fisheries. The commission shall report its findings to the
   98  Governor, the President of the Senate, and the Speaker of the
   99  House of Representatives by December 31, 2021.
  100         (2) After receipt of the report submitted pursuant to
  101  subsection (1), the Legislature may, based upon the findings of
  102  the report, impose a ban on the domestic production of shark
  103  fins.
  104         Section 4. This act shall take effect October 1, 2020.