N.Y. Environmental Conservation Law Section 13-0338
Sharks

  • department authority
  • finning prohibited

1.

For purposes of this section:

a.

“Shark” means any species of the subclass Elasmobranchii except species in the order Batoidei;

b.

“Finning” means the removal of a fin or fins from a shark and not retaining the remainder of the shark’s carcass; and

c.

“Shark fin” means the raw, dried or otherwise processed detached fin including the tail.

2.

No person shall engage in finning on the waters of the marine and coastal district.

3.

a. No person shall possess, sell, offer for sale, trade or distribute a shark fin; provided, however, that this prohibition shall not apply to any shark fin that was taken from a spiny dogfish (Squalus acanthias) or a smooth dogfish (Mustelus canis) lawfully caught by a licensed commercial fisherman.

b.

A shark fin may be possessed by any person if the shark was lawfully caught and the person has a recreational marine fishing registration or a license or permit from the department for bona fide scientific research or educational purposes.

4.

The department may, until December thirty-first, two thousand twenty-six, 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.). * 5. Sharks, excluding spiny dogfish, shall not be taken for commercial or recreational purposes by baited hooking except with the use of non-stainless steel non-offset circle hooks. In addition, no person shall conduct, sponsor or participate in any shark tournament unless said tournament’s rules and regulations require the exclusive use of non-stainless steel non-offset circle hooks. * NB Repealed December 31, 2026

Source: Section 13-0338 — Sharks; department authority; finning prohibited, https://www.­nysenate.­gov/legislation/laws/ENV/13-0338 (updated Jul. 5, 2024; accessed Jul. 13, 2024).

13‑0301
Lease of state-owned underwater lands for shellfish cultivation
13‑0302
Lands underwater of Gardiner’s and Peconic bays
13‑0303
Tax on state-owned underwater lands held under lease or franchise for shellfish cultivation
13‑0305
Marking lands prohibited
13‑0307
Sanitary surveys
13‑0309
Taking, handling and importation of shellfish
13‑0310
Northern or lined seahorses
13‑0311
Digger’s permit to take shellfish for commercial purposes
13‑0313
Shellfish growers
13‑0315
Shellfish shipper’s and processor’s permit
13‑0316
Marine hatcheries
13‑0317
Shipping tags
13‑0319
Shellfish regulations
13‑0321
Taking and importation of shellfish for transplanting and other purposes
13‑0323
Oysters
13‑0325
Clams
13‑0327
Scallops
13‑0328
Commercial licenses
13‑0329
Lobsters
13‑0330
Whelks or conchs
13‑0331
Crabs
13‑0333
Menhaden
13‑0334
Marine and coastal district food fish and crustacea dealers and shippers license
13‑0335
Food fish
13‑0336
Marine and coastal district party and charter boat license
13‑0337
Return of fish, crustacea and other animals to the water
13‑0338
Sharks
13‑0339
Marine fish
13‑0339‑A
Atlantic cod (Gadus morhua), Atlantic sturgeon (Acipenser oxyrhynchus), shortnose sturgeon (Acipenser brevirostrum), American eel (Anguil...
13‑0340
Bluefish (Pomatomus saltatrix)
13‑0340‑A
Weakfish (Cynoscion regalis)
13‑0340‑B
Fluke - summer flounder (Paralichthys dentatus)
13‑0340‑C
Winter flounder (Pleuorenectes americanus)
13‑0340‑D
Blackfish or tautog (Tautoga onitis)
13‑0340‑E
Scup (Stenotomus chrysops)
13‑0340‑F
Black sea bass (Centropristis striata)
13‑0340‑G
Monkfish (Lophius americanus, Lophius reticulatus and Lophius gastrophysus)
13‑0341
Trawls
13‑0342
Marine fisheries data
13‑0343
Nets other than trawls
13‑0343‑A
Fish pots and traps
13‑0344
Fish, shellfish and crustacea
13‑0345
Protection of waters
13‑0347
Management of striped bass in marine waters
13‑0349
Taking of fish for commercial purposes
13‑0350
Marine resources advisory council
13‑0355
Recreational marine fishing registration
13‑0360
Special management areas
13‑0371
Atlantic States Marine Fisheries Compact

Accessed:
Jul. 13, 2024

Last modified:
Jul. 5, 2024

§ 13-0338’s source at nysenate​.gov

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