New York Laws
Title 3 - Marine Fisheries
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-three, 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. ยง1800 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* NB Repealed December 31, 2024

Structure New York Laws

New York Laws

ENV - Environmental Conservation

Article 13 - Marine and Coastal Resources

Title 3 - Marine Fisheries

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; Injury to Monuments.

13-0307 - Sanitary Surveys.

13-0309 - Taking, Handling and Importation of Shellfish; General Provisions.

13-0310 - Northern or Lined Seahorses; Prohibited Acts.

13-0311 - Digger's Permit to Take Shellfish for Commercial Purposes; When Not Required.

13-0313 - Shellfish Growers; Definition; Bed Permit.

13-0315 - Shellfish Shipper's and Processor's Permit.

13-0316 - Marine Hatcheries; Off-Bottom and On-Bottom Culture; Permits.

13-0317 - Shipping Tags.

13-0319 - Shellfish Regulations.

13-0321 - Taking and Importation of Shellfish for Transplanting and Other Purposes.

13-0323 - Oysters; Prohibited Acts.

13-0325 - Clams; Prohibited Acts.

13-0327 - Scallops.

13-0328 - Commercial Licenses; Limited Entry.

13-0329 - Lobsters; Permit to Take; Prohibited Acts.

13-0330 - Whelks or Conchs; License to Take.

13-0331 - Crabs; Permit to Take; Prohibited Acts.

13-0333 - Menhaden; Prohibited Acts.

13-0334 - Marine and Coastal District Food Fish and Crustacea Dealers and Shippers License.

13-0335 - Food Fish; License; Prohibited Acts.

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; Department Authority; Finning Prohibited.

13-0339 - Marine Fish; Size Limits of Marine Species; Sale of Marine Species.

13-0339-A - Atlantic Cod (Gadus Morhua), Atlantic Sturgeon (Acipenser Oxyrhynchus), Shortnose Sturgeon (Acipenser Brevirostrum), American Eel (Anguilla Rostrata), Atlantic Herring (Clupea Horengus), American Shad (Alosa Sapidissima), Alewife (Alosa P...

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; Use Prohibited in Certain Waters.

13-0342 - Marine Fisheries Data.

13-0343 - Nets Other Than Trawls; Restrictions on Use of Nets and Trawls.

13-0343-A - Fish Pots and Traps; Restrictions.

13-0344 - Fish, Shellfish and Crustacea; Dumping.

13-0345 - Protection of Waters; Cesspools and Drains.

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.