13-0338 - Sharks; finning prohibited.

§ 13-0338. Sharks; finning prohibited.    1. For purposes of this section:    a.  "Shark" means any species of the order Squaliformes except species  in the suborder Batoidea, and    b. "Finning" means the removal of a fin, other than  the  caudal  fin,  from a shark and not retaining the remainder of the shark's carcass.    2.  No  person shall engage in finning on the waters of the marine and  coastal district.    3. No person shall possess  shark  fins  in  the  marine  and  coastal  district  unless  the  proper proportion of species, number, and size of  shark carcasses is also possessed.    4. The department  may,  until  December  thirty-first,  two  thousand  eleven,  fix  by  regulation  measures  for  the  management  of sharks,  including size limits, catch and  possession  limits,  open  and  closed  seasons, closed areas, restrictions on the manner of taking and landing,  requirements   for   permits  and  eligibility  therefor,  recordkeeping  requirements, requirements on the amount and type of fishing effort  and  gear,  and requirements relating to transportation, possession and sale,  provided that such regulations are no less restrictive than requirements  set forth in this chapter and provided further that such regulations are  consistent  with  the  compliance  requirements  of  applicable  fishery  management  plans  adopted  by  the  Atlantic  States  Marine  Fisheries  Commission and with applicable provisions of  fishery  management  plans  adopted  pursuant to the Federal Fishery Conservation and Management Act  (16 U.S.C. §1800 et seq.).