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Florida Statute 379.2426 | Lawyer Caselaw & Research
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F.S. 379.2426 Case Law from Google Scholar Google Search for Amendments to 379.2426

The 2024 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE
Chapter 379
FISH AND WILDLIFE CONSERVATION
View Entire Chapter
F.S. 379.2426
379.2426 Regulation of shark fins; penalties.
(1) As used in this section, the term:
(a) “Land” means the physical act of bringing a harvested organism, or any part thereof, ashore.
(b) “Shark” means any species of the orders Carcharhiniformes, Lamniformes, Hexanchiformes, Orectolobiformes, Pristiophoriformes, Squaliformes, Squatiniformes, or any part thereof.
(c) “Shark fin” means the detached fin of a shark, including the caudal or tail fin, or any portion thereof.
(d) “Separated,” with respect to a shark fin, means not naturally attached to the corresponding shark body through some portion of uncut skin.
(2) A person may not possess in or on the waters of this state a shark fin that has been separated from a shark or land a separated shark fin in this state, unless:
(a) Such possession is authorized by commission rule; or
(b) Such fin has been lawfully obtained on land, prepared by taxidermy, and is possessed for the purposes of display.
(3) Notwithstanding any other law, the import, export, and sale of shark fins is prohibited, and nothing in this section authorizes such activities.
(4) The prohibitions under subsection (3) do not apply to any of the following:
(a) The sale of shark fins by any commercial fisher who harvested sharks from a vessel holding a valid federal shark fishing permit on January 1, 2020.
(b) The export and sale of shark fins by any wholesale dealer holding a valid federal Atlantic shark dealer permit on January 1, 2020.
(c) The export and sale of domestically sourced shark fins by any shark fin processor that obtains fins from a wholesale dealer holding a valid federal Atlantic shark dealer permit on January 1, 2020.
(5) A person who violates this section is subject to the following penalties:
(a) For a first violation, a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. In addition, the commission shall assess an administrative fine of $4,500 and suspend all of the person’s license privileges under this chapter for 180 days.
(b) For a second violation, a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. In addition, the commission shall assess an administrative fine of $9,500 and suspend all of the person’s license privileges under this chapter for 365 days.
(c) For a third and any subsequent violation, a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. In addition, the commission shall assess an administrative fine of $9,500 and permanently revoke all of the person’s license privileges under this chapter.

While his or her license privileges are under suspension or revocation pursuant to this subsection, a person may not participate in the taking or harvesting, or attempt the taking or harvesting, of saltwater products from any vessel within the waters of the state; be aboard any vessel on which a commercial quantity of saltwater products is possessed through an activity requiring a license pursuant to this chapter; or engage in any other activity requiring a license, permit, or certificate issued pursuant to this chapter.

History.s. 1, ch. 2017-24; s. 2, ch. 2020-172; s. 22, ch. 2021-51.

F.S. 379.2426 on Google Scholar

F.S. 379.2426 on Casetext

Amendments to 379.2426


Arrestable Offenses / Crimes under Fla. Stat. 379.2426
Level: Degree
Misdemeanor/Felony: First/Second/Third

S379.2426 2 - CONSERVATION-FISH - POSSESSION OF SEPARATED SHARK FIN 1ST VIOL - M: S
S379.2426 2 - CONSERVATION-FISH - POSSESSION OF SEPARATED SHARK FIN 2ND VIOL - M: S
S379.2426 2 - CONSERVATION-FISH - POSSESSION OF SEPARATED SHARK FIN 3RD SUB VIOL - M: F
S379.2426 3 - CONSERVATION-FISH - IMPORT EXPORT OR SALE OF SHARK FINS 1ST VIOL - M: S
S379.2426 3 - CONSERVATION-FISH - IMPORT EXPORT OR SALE OF SHARK FINS 2ND VIOL - M: S
S379.2426 3 - CONSERVATION-FISH - IMPORT EXPORT SALE OF SHARK FINS 3RD SUB VIOL - M: F
S379.2426 3a - CONSERVATION-FISH - RENUMBERED. SEE REC # 9071 - M: S
S379.2426 3b - CONSERVATION-FISH - RENUMBERED. SEE REC # 9072 - M: S
S379.2426 3c - CONSERVATION-FISH - RENUMBERED. SEE REC # 9073 - M: F



Annotations, Discussions, Cases:

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