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HOUSE  .   .   .   .   .   .   .  No. 4088


The Commonwealth of Massachusetts

                               HOUSE OF REPRESENTATIVES, May 19, 2014.                         


The committee on Ways and Means, to whom was referred the Bill relative to ocean ecology and shark protection (House, No. 3571), reports recommending that the same ought to pass with an amendment substituting therefor the accompanying bill (House, No. 4088).


For the committee,








HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4088


The Commonwealth of Massachusetts


In the Year Two Thousand Fourteen



An Act relative to ocean ecology and shark protection.

              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

              SECTION 1.  Section 1 of chapter 130 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the definition of “seed scallop” the following definitions:-

              “Shark”, any species of the subclass Elasmobranchii; provided that the term “shark” shall not include smooth-hounds, spiny dogfish, or any species in the order batoidea.

              “Shark fin”, the raw, dried or otherwise processed detached fin, or the raw, dried or otherwise processed detached tail, of a shark.

              SECTION 2.  Said chapter 130 of the General Laws is hereby amended by inserting after section 105 the following new section:-

              Section 106. (a) Except as otherwise provided in this section, no person shall possess, sell, offer for sale, trade or distribute a shark fin.

              (b) A person who holds a license or permit to take or land sharks may separate a shark fin from a lawfully landed shark during the ordinary course of preparing the body of the shark for consumption, sale, trade, or distribution; provided that a shark fin so separated from the shark shall be immediately destroyed, unless used by the person for the purposes of taxidermy.

              (c)  The division may issue a permit for the possession of a shark fin to a person conducting non-commercial, scientific research.

              (d)  A shark fin seized by the division through the enforcement of this section shall be destroyed by the division.

              (e)  Whoever violates any provision of this section shall be punished by imprisonment for 60 days or by a fine of not less than $500 nor more than $1,000 dollars for every shark fin deemed in violation of this section, or by both such imprisonment and fine.  One or more violations of this section by persons holding a commercial or recreational license or permit pursuant to this chapter may result in suspension or revocation of said permit.

              SECTION 3.  This act shall take effect on September 1, 2014.

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