Prohibits the possession, sale, offering for sale, trade or distribution of shark fins.
Ayes (13): Grisanti, LaValle, Little, Marcellino, Maziarz, O'Mara, Young, Avella, Espaillat, Oppenheimer, Perkins, Serrano, Stewart-Cousins
Nays (1): Johnson
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
PURPOSE: 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 for 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 filming 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: New Bill.
EFFECTIVE DATE: The act would take effect July 1, 2013.
STATE OF NEW YORK ________________________________________________________________________ 6431 IN SENATE February 8, 2012 ___________Introduced by Sen. GRISANTI -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation 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, 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; 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, OR THE RAW, DRIED OR OTHERWISE PROCESSED DETACHED TAIL, OF A SHARK. 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.]EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION FOUR OF THIS SECTION, NO PERSON SHALL POSSESS, SELL, OFFER FOR SALE, TRADE OR DISTRIBUTE A SHARK FIN. 4. THE DEPARTMENT MAY ISSUE PERMITS FOR THE POSSESSION OF A SHARK FIN FOR BONA FIDE SCIENTIFIC RESEARCH OR EDUCATIONAL PURPOSES. 5. 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,EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14512-01-2 S. 6431 2
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 July 1, 2013.