[§188-40.5]  Sharks; prohibitions;administrative penalties.  (a)  No person shall knowingly harvest sharkfins 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 anyrule adopted thereunder shall be subject to:

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

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

(c)  Any criminal prosecution or penaltyimposed for violation of this section or any rule adopted thereunder shall notpreclude seizure and forfeiture pursuant to chapter 712A, or the imposition ofany administrative fines and costs or attorney's fees and costs under thissection.

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

(1)  Vessels that hold a fishing license or permitissued by the State as a prerequisite to participation in the fishery, or thathave owners or captains who hold a fishing license or permit issued by theState 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 asa homeport a location within the State;

provided that the enforcement of this section onthese vessels outside the territorial waters of the State shall not apply ifenforcement of this section is in violation of, or in conflict with, federallaw.

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

(f)  As used in this section:

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

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

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