Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 28.2-303.1 as follows:
§ 28.2-303.1. Possession or sale of shark fin prohibited; penalty.
A. As used in this section, "shark fin" means the raw, dried, or otherwise processed detached fin, or the raw, dried, or otherwise processed detached tail, of an elasmobranch.
B. Except as otherwise provided in subsection C or D, it shall be unlawful for any person to possess, sell, offer for sale, trade, or distribute a shark fin.
C. Any person who holds a license or permit issued by the Commissioner to take or land sharks for recreational or commercial purposes may possess a shark fin or fins consistent with that license or permit.
D. Before January 1, 2013, any restaurant that possessed a shark fin as of January 1, 2012, may possess, sell, offer for sale, trade, or distribute that shark fin if it is prepared for consumption.
E. A violation of this section is a Class 1 misdemeanor.