Summary: Effective July 1, 2106: a person may not buy or offer to buy, sell or offer to sell, possess for the purpose of sale, transport, or ship for the purpose of sale, barter, or exchange a shark fin regardless of where the shark was taken or caught. A person who violates Section 66.2161 or a proclamation adopted under that section commits an offense that is a Class B Parks and Wildlife Code misdemeanor.
§ 66.216. Possession of Headed or Tailed Fish
(a) No person may possess a finfish of any species taken from coastal water, except broadbill swordfish, shark, or king mackerel, that has the head removed unless the fish has been finally processed and delivered to the final destination or to a certified wholesale or retail dealer.
(b) No person may possess a finfish of any species taken from coastal water, except broadbill swordfish or king mackerel, that has the tail removed unless the fish has been finally processed and delivered to the final destination or to a certified wholesale or retail dealer.
Credits
Added by Acts 1981, 67th Leg., p. 376, ch. 153, § 6, eff. Sept. 1, 1981. Amended by Acts 1985, 69th Leg., ch. 267, art. 3, § 73, eff. Sept. 1, 1985; Acts 2015, 84th Leg., ch. 1254 (H.B. 1579), § 1, eff. July 1, 2016.
§ 66.2161. Sale or Purchase of Shark Fins
(a) In this section:
(1) “Shark” means any species of the subclass Elasmobranchii.
(2) “Shark fin” means the fresh and uncooked, or cooked, frozen, dried, or otherwise processed, detached fin or tail of a shark.
(b) A person may not buy or offer to buy, sell or offer to sell, possess for the purpose of sale, transport, or ship for the purpose of sale, barter, or exchange a shark fin regardless of where the shark was taken or caught.
(c) A person may buy or offer to buy, sell or offer to sell, possess for the purpose of sale, transport, or ship for the purpose of sale, barter, or exchange a shark carcass that retains all of its fins naturally attached to the carcass through some portion of uncut skin.
(d) Notwithstanding Subsection (b), the department may issue a permit for the possession, transport, sale, or purchase of shark fins for a bona fide scientific research purpose.
(e) When a person is charged with violating this section, the warden or other peace officer shall seize and hold the shark fin as evidence. Notwithstanding Section 12.109, on a final court ruling, the department shall destroy the shark fin.
(f) A person may possess a shark fin if:
(1) the person holds the appropriate state or federal license or permit authorizing the taking or landing of a shark for recreational or commercial purposes;
(2) the shark fin is taken from a shark that the person has taken or landed; and
(3) the shark fin is taken in a manner consistent with the person's license.
Credits
Added by Acts 2015, 84th Leg., ch. 1254 (H.B. 1579), § 2, eff. July 1, 2016.
§ 66.218. Penalties
(a) Except as otherwise provided by this section, a person who violates a provision of this subchapter or a proclamation adopted under this subchapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.
(b) If it is shown at the trial for a violation of Section 66.2011, 66.2012, 66.2014, or 66.208 of this code or a proclamation adopted under those sections that the defendant has been convicted within five years before the trial date of a violation of the section for which the defendant is being prosecuted, on conviction the defendant shall be punished for a Class B Parks and Wildlife Code misdemeanor.
(c) A person who violates Section 66.2161 or a proclamation adopted under that section commits an offense that is a Class B Parks and Wildlife Code misdemeanor.
(d) If it is shown at the trial for a violation of Section 66.2161 or a proclamation adopted under that section that the defendant has been convicted within five years before the trial date of a violation of that section, on conviction the defendant shall be punished for a Class A Parks and Wildlife Code misdemeanor.
Credits
Added by Acts 1985, 69th Leg., ch. 267, art. 3, § 74, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., ch. 723, § 15, eff. Sept. 1, 1991; Acts 2015, 84th Leg., ch. 1254 (H.B. 1579), § 3, eff. July 1, 2016.