Prohibits the possession, sale, offering for sale, trade or distribution of shark fins; makes certain exceptions.
Ayes (62): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (1): Sampson
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 shark fins.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 creates the definition of shark for this section of law. This section further provides for a definition of shark fin 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.
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, 2013.
STATE OF NEW YORK ________________________________________________________________________ 1711--B Cal. No. 283 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. GRISANTI, AVELLA, BALL, BONACIC, BOYLE, BRESLIN, DILAN, ESPAILLAT, GOLDEN, HOYLMAN, KRUEGER, LATIMER, LITTLE, SAVINO, SERRANO, YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee -- reported favorably from said committee, ordered to first report, amended on first report, ordered to a second report and ordered reprinted, retaining its place in the order of second report 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; DEPARTMENT AUTHORITY; 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 ORDER BATOIDEI; b. "Finning" means the removal of a fin [, other than the caudal 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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04751-08-3 S. 1711--B 2
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.]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 REGIS- TRATION OR A LICENSE OR PERMIT FROM THE DEPARTMENT FOR BONA FIDE SCIEN- TIFIC RESEARCH OR EDUCATIONAL PURPOSES. 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.). S 2. This act shall take effect on July 1, 2014.