This text of New York § 13-0338 (Sharks; department authority; finning prohibited) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 13-0338. Sharks; department authority; finning prohibited.\n 1. For purposes of this section:\n a. "Shark" means any species of the subclass Elasmobranchii except\nspecies in the order Batoidei;\n b. "Finning" means the removal of a fin or fins from a shark and not\nretaining the remainder of the shark's carcass; and\n c. "Shark fin" means the raw, dried or otherwise processed detached\nfin including the tail.\n 2. No person shall engage in finning on the waters of the marine and\ncoastal district.\n 3.
a.No person shall possess, sell, offer for sale, trade or\ndistribute a shark fin; provided, however, that this prohibition shall\nnot apply to any shark fin that was taken from a spiny dogfish (Squalus\nacanthias) or a smooth dogfish (Mustelus canis) lawfully caught by a\nlicensed
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§ 13-0338. Sharks; department authority; finning prohibited.\n 1. For purposes of this section:\n a. "Shark" means any species of the subclass Elasmobranchii except\nspecies in the order Batoidei;\n b. "Finning" means the removal of a fin or fins from a shark and not\nretaining the remainder of the shark's carcass; and\n c. "Shark fin" means the raw, dried or otherwise processed detached\nfin including the tail.\n 2. No person shall engage in finning on the waters of the marine and\ncoastal district.\n 3. a. No person shall possess, sell, offer for sale, trade or\ndistribute a shark fin; provided, however, that this prohibition shall\nnot apply to any shark fin that was taken from a spiny dogfish (Squalus\nacanthias) or a smooth dogfish (Mustelus canis) lawfully caught by a\nlicensed commercial fisherman.\n b. A shark fin may be possessed by any person if the shark was\nlawfully caught and the person has a recreational marine fishing\nregistration or a license or permit from the department for bona fide\nscientific research or educational purposes.\n 4. The department may, until December thirty-first, two thousand\ntwenty-six, fix by regulation measures for the management of sharks,\nincluding size limits, catch and possession limits, open and closed\nseasons, closed areas, restrictions on the manner of taking and landing,\nrequirements for permits and eligibility therefor, recordkeeping\nrequirements, requirements on the amount and type of fishing effort and\ngear, and requirements relating to transportation, possession and sale,\nprovided that such regulations are no less restrictive than requirements\nset forth in this chapter and provided further that such regulations are\nconsistent with the compliance requirements of applicable fishery\nmanagement plans adopted by the Atlantic States Marine Fisheries\nCommission and with applicable provisions of fishery management plans\nadopted pursuant to the Federal Fishery Conservation and Management Act\n(16 U.S.C. §1800 et seq.).\n * 5. Sharks, excluding spiny dogfish, shall not be taken for\ncommercial or recreational purposes by baited hooking except with the\nuse of non-stainless steel non-offset circle hooks. In addition, no\nperson shall conduct, sponsor or participate in any shark tournament\nunless said tournament's rules and regulations require the exclusive use\nof non-stainless steel non-offset circle hooks.\n * NB Repealed December 31, 2026\n