[§188-40.5]  Sharks; prohibitions;
administrative penalties.  (a)  No person shall knowingly harvest shark
fins from the territorial waters of the State, or land shark fins in the State,
unless the fins were taken from a shark landed whole in the State.



(b)  Any person violating this section or any
rule adopted thereunder shall be subject to:



(1)  Seizure and forfeiture of shark fins, commercial
marine license, vessel, and fishing equipment; and



(2)  An administrative fine of not less than $5,000
and not more than $15,000.  In addition, the violator may be assessed
administrative fees and costs, and attorney's fees and costs.



(c)  Any criminal prosecution or penalty
imposed for violation of this section or any rule adopted thereunder shall not
preclude seizure and forfeiture pursuant to chapter 712A, or the imposition of
any administrative fines and costs or attorney's fees and costs under this
section.



(d)  This section shall apply to the following
vessels when fishing outside the territorial waters of the State:



(1)  Vessels that hold a fishing license or permit
issued by the State as a prerequisite to participation in the fishery, or that
have owners or captains who hold a fishing license or permit issued by the
State as a prerequisite to participation in the fishery;



(2)  Vessels that are registered under section 200-31;
or



(3)  Vessels with federal documentation that lists as
a homeport a location within the State;



provided that the enforcement of this section on
these vessels outside the territorial waters of the State shall not apply if
enforcement of this section is in violation of, or in conflict with, federal
law.



(e)  Notwithstanding anything to the contrary,
this section shall apply only to vessels that off-load cargo in the State or
its territorial waters.



(f)  As used in this section:



"Land" or "landed" means
when the shark or any part thereof is first brought to shore.



"Shark fin" means the raw or dried
fin of a shark with the shark carcass removed.



"Whole" means the entire shark with
its head and flesh intact, allowing for the removal of the blood, internal
organs, and tail at sea. [L 2000, c 277, §2]