C.F.R. » Title 50 » CHAPTER VI—FISHERY CONSERVATION AND MANAGEMENT, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE › PART 600—MAGNUSON-STEVENS ACT PROVISIONS › Subpart N—Shark Fin Removal, Possession, Transfer and Landing

50 C.F.R. § 600.1203

Prohibitions

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(a) It is unlawful for any person to do, or attempt to do, any of the following:

(1) Remove a fin at sea.

(2) To have custody, control, or possession of a fin, aboard a fishing vessel, unless the fin is naturally attached.

(3) Transfer a fin from one vessel to another vessel at sea unless the fin is naturally attached.

(4) Receive a fin in a transfer from one vessel to another vessel at sea unless the fin is naturally attached.

(5) Land a fin unless the fin is naturally attached.

(6) Land a shark carcass without all of its fins naturally attached.

(7) Possess, purchase, offer to sell, or sell fins or shark carcasses taken, transferred, landed, or possessed in violation of this section.

(8) When requested, fail to allow an authorized officer or any employee of NMFS designated by a Regional Administrator, or by the Director of the Office of Sustainable Fisheries in the case of the Atlantic Highly Migratory Species, access to or inspection or copying of any records pertaining to the landing, sale, transfer, purchase, or other disposition of fins or shark carcasses.

(b) For purposes of this section, it is a rebuttable presumption that:

(1) If a fin is found aboard a vessel, other than a fishing vessel, without being naturally attached, such fin was transferred in violation of this section.

(2) If, after landing, the total weight of fins landed from any vessel exceeds five percent of the total weight of shark carcasses landed, such fins were taken, held, or landed in violation of this section.

Notes of Decisions
Cited in 3 cases, 2005–2008 · leading case: United States v. Approximately 64,695 Pounds of Shark Fins, 520 F.3d 976 (9th Cir. 2008).
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United States v. Approximately 64,695 Pounds of Shark Fins, 520 F.3d 976 (9th Cir. 2008). · cites it 2× “§ 1857 (1)(P)(ii), and its implementing regulations at 50 C.F.R. § 600.1203 (a)(2) (formerly 50 C.”
United States v. Approximately 64,695 Pounds of Shark Fins, 353 F. Supp. 2d 1095 (S.D. Cal. 2005). · cites it 2× “Accord 50 C.F.R. § 600.1203 (a)(1)-(3), (b)(2) (prohibiting the same conduct by regulation).”
United States v. Approximately 64,695 Pounds of Shark Fins (9th Cir. 2008). · cites it 2× “APPROXIMATELY 64,695 POUNDS 50 C.F.R. § 600.1203 . The relevant portion of the possession prohibition is defined at § 600.”
— 50 C.F.R. § 600.1203(a)(2) — 1 case
United States v. Approximately 64,695 Pounds of Shark Fins (9th Cir. 2008). “APPROXIMATELY 64,695 POUNDS 50 C.F.R. § 600.1203 . The relevant portion of the possession prohibition is defined at § 600.”
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