Section 1. Chapter 130, Title XIX of the Massachusetts General Laws is amended by adding the following new section:-
Section 106. Trade in shark fins; penalty
(a) For the purpose of this section:
(1) ‘Shark’ shall mean any species of the subclass Elasmobranchii; and
(2) ‘Shark’ does not include smooth-hounds, spiny dogfish, or species in the superorder batoidea; and
(3) ‘Shark fin’ shall mean the raw, dried or otherwise processed detached fin, or the raw, dried or otherwise processed detached tail, of a shark.
(b) Except as otherwise provided in this section, no person shall possess, sell, offer for sale, trade or distribute a shark fin.
(c) A person may separate a shark fin from any lawfully-landed shark during the ordinary course of preparing the shark’s body, or body parts other than the fins, for consumption, sale, trade, or distribution, except that any shark fins so separated from a landed shark shall be immediately disposed of through destruction unless possession is otherwise permitted pursuant to subsections (d) or (e) of this section.
(d) The Division may issue permits for the possession of a shark fin for bona fide non-commercial scientific research purposes.
(e) Nothing in this section prohibits the possession of a shark fin for purposes of taxidermy and subsequent display.
(f) Any shark fin seized by the Division through the enforcement of this section shall be destroyed by the Division, and not sold, upon forfeiture.
(g) Whoever violates this section shall be punished for the first offense by a fine of not less than $150 nor more than $1,000 for every such fin; and for a subsequent offense by a fine of not less than $500 nor more than $2,000 for every such fin, or by imprisonment for not less than 90 days nor more than one year, or both such fine and imprisonment.
Section 2. This Act takes effect on June 1, 2014.
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