Prohibits the possession, sale, offering for sale, trade or distribution of shark fins; makes certain exceptions.
TITLE OF BILL: An act to amend the environmental conservation law, in relation to prohibiting the possession, sale, offer for sale, trade or distribution of shark fins
This legislation would prohibit the possession, sale, offer for sale, trade or distribution of share fins.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 creates the definition of shark fin this section of law. This section further provides for a definition of shark fun and prohibits the possession, sale, offer for sale, trade, or distribution of shark fin. Section 1 further provides the taking of shark fin for scientific research.
Section 2 is the effective date. JUSTIFICATION:
It is already illegal to fin a shark in New York. However, there is no prohibition on the possession, sale, trade, or distribution of shark fins. Already the West Coast (California, Oregon, Washington, Hawaii and Toronto have passed legislation prohibiting the sale of shark fin.
Each year approximately 73 million sharks are killed to meet the demands of shark fin. The decimation of the shark population has a directly related negative impact to the entire oceanic food chain. The process of finning a shark is cruel and inhumane. New York has already banned the practice of finning from taking place in its borders. This legislation will further protect sharks by not allowing shark fin from being possessed, sold, or traded in New York.
PRIOR LEGISLATIVE HISTORY:
S. 6431A- Advanced to Third Reading.
The act would take effect July 1, 2014.
STATE OF NEW YORK ________________________________________________________________________ 1711--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. GRISANTI, AVELLA, BONACIC, KRUEGER, LITTLE, SERRANO, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law, in relation to prohibiting the possession, sale, offer for sale, trade or distrib- ution of shark fins THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 13-0338 of the environmental conservation law, as added by chapter 231 of the laws of 1992, paragraph a of subdivision 1 as amended by chapter 308 of the laws of 1999 and subdivision 4 as amended by chapter 428 of the laws of 2011, is amended to read as follows: S 13-0338. Sharks; finning prohibited. 1. For purposes of this section: a. "Shark" means any species of the
[order Squaliformes except species in the suborder Batoidea, and]SUBCLASS ELASMOBRANCHII EXCEPT SPECIES IN THE SUPER ORDER BATOIDEA; b. "Finning" means the removal of a fin [, other than the caudal fin,]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. [No person shall possess shark fins in the marine and coastal district unless the proper proportion of species, number, and size of shark carcasses is also possessed.NO PERSON SHALL POSSESS, SELL, OFFER FOR SALE, TRADE OR DISTRIBUTE A SHARK FIN PROVIDED; HOWEVER, THAT THIS PROHIBITION SHALL NOT APPLY TO ANY LEGALLY TAKEN SHARK FIN THAT MEETS THE FOLLOWING CRITERIA: A. WAS TAKEN FROM A SPINY DOGFISH (SQUALUS ACANTHIAS) OR A SMOOTH DOGFISH (MUSTELUS CANIS) CAUGHT BY A LICENSED COMMERCIAL FISHERMAN; B. WAS TAKEN FROM A SHARK CAUGHT BY A RECREATIONAL FISHERMAN WHO HAS COMPLIED WITH THE RECREATIONAL MARINE FISHING REGISTRATION REQUIREMENTS; OR C. WHERE SPECIFICALLY LICENSED OR PERMITTED BY THE DEPARTMENT FOR BONA FIDE SCIENTIFIC RESEARCH OR EDUCATIONAL PURPOSES. S 2. The environmental conservation law is amended by adding a new section 13-0338-a to read as follows: S 13-0338-A. SHARKS; DEPARTMENT AUTHORITY. 1. FOR PURPOSES OF THIS SECTION, "SHARK" MEANS ANY SPECIES OF THE ORDER SQUALIFORMES EXCEPT SPECIES IN THE SUPERORDER BATOIDEA. 2. THE DEPARTMENT MAY, UNTIL DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN, 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 COMMIS- SION AND WITH APPLICABLE PROVISIONS OF FISHERY MANAGEMENT PLANS ADOPTED PURSUANT TO THE FEDERAL FISHERY CONSERVATION AND MANAGEMENT ACT (16 U.S.C. S1800 ET SEQ.). S 3. Paragraphs a and b of subdivision 1 of section 13-0339 of the environmental conservation law, as amended by chapter 156 of the laws of 2003, are amended to read as follows: a. The taking of fish with nets in the marine and coastal district is governed by sections 13-0333, 13-0335, 13-0341, 13-0343, 13-0347 and 11-1521, and regulations adopted pursuant to sections 11-0303, 11-1303,EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04751-04-3 S. 1711--A 2
4. The department may, until December thirty-first, two thousand thir- teen, 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, require- ments 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 Commis- sion and with applicable provisions of fishery management plans adopted pursuant to the Federal Fishery Conservation and Management Act (16 U.S.C. S1800 et seq.).]
[13-0338]13-0338-A, 13-0339-a, 13-0340, 13-0340-a, 13-0340-b, 13-0340-c, 13-0340-d, 13-0340-e, 13-0340-f and 13-0340-g of this chap- ter. The taking of fish by other means, in the marine and coastal district, is governed by title 13 of article 11 of the Fish and Wildlife Law, subject to restrictions in section 13-0343 as to certain waters, and to provisions of sections 13-0347 and 11-1521 and regulations adopted pursuant to section 11-0303 of this chapter as to striped bassS. 1711--A 3
and sections 13-0338, 13-0339-a, 13-0340, 13-0340-a, 13-0340-b, 13-0340-c, 13-0340-d, 13-0340-e, 13-0340-f and 13-0340-g as to other species of marine fish. The taking, and sale or taking for sale, of certain bait fish are governed by section 11-1315 of this chapter. b. Open seasons, minimum size limits and catch limits for fish other than the marine species named in subdivisions 2 and 3 of this section are specified by regulations adopted pursuant to sections 11-0303, 11-1303,
[13-0338]13-0338-A, 13-0339-a, 13-0340, 13-0340-a, 13-0340-b, 13-0340-c, 13-0340-d, 13-0340-e, 13-0340-f and 13-0340-g of this chap- ter. All shortnose sturgeon irrespective of size and all Atlantic stur- geon under the size limits prescribed by regulations adopted pursuant to section 11-1303 of this chapter taken in gill nets shall be immediately returned to the water without unnecessary injury. Other fish named by regulations adopted pursuant to sections 11-0303, 11-1303, 13-0338, 13-0339-a, 13-0340, 13-0340-a, 13-0340-b, 13-0340-c, 13-0340-d, 13-0340-e, 13-0340-f and 13-0340-g of this chapter and under the size limits prescribed in such regulations, shall not be bought, sold or trafficked in. S 4. The opening paragraph of subdivision 8 of section 71-0923 of the environmental conservation law, as amended by chapter 284 of the laws of 2004, is amended to read as follows: Any violation of sections 13-0329, 13-0330, 13-0331, 13-0333, 13-0334, 13-0335, subdivision one of section 13-0337, 13-0338, 13-0338-A, 13-0339, 13-0339-a, 13-0340, 13-0340-a through 13-0340-g, 13-0341, 13-0342, 13-0343, 13-0347, and 13-0349 of this chapter, or of any regu- lation adopted pursuant to the foregoing sections, shall be punishable by imprisonment of not more than fifteen days or by a fine of the great- er of two hundred fifty dollars or: S 5. The opening paragraph of subdivision 7 of section 71-0925 of the environmental conservation law, as amended by chapter 284 of the laws of 2004, is amended to read as follows: If the violation was a violation of sections 13-0329, 13-0330, 13-0331, 13-0333, 13-0334, 13-0335, subdivision one of section 13-0337, 13-0338, 13-0338-A, 13-0339, 13-0339-a, 13-0340, 13-0340-a through 13-0340-g, 13-0341, 13-0342, 13-0343, 13-0347, and 13-0349 of this chap- ter, or of any regulation adopted pursuant to the foregoing sections, the greater of two hundred fifty dollars or: S 6. This act shall take effect July 1, 2014.