Bill S6431A-2011

Prohibits the possession, sale, offer for sale, trade or distribution of shark fins

Prohibits the possession, sale, offering for sale, trade or distribution of shark fins.

Details

Actions

  • Jun 21, 2012: COMMITTED TO RULES
  • Jun 18, 2012: AMENDED ON THIRD READING 6431A
  • Jun 11, 2012: ADVANCED TO THIRD READING
  • Jun 6, 2012: 2ND REPORT CAL.
  • Jun 5, 2012: 1ST REPORT CAL.1043
  • Feb 8, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION

Memo

BILL NUMBER:S6431A

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 OR GENERAL IDEA OF BILL: The purpose of this bill is to protect sharks from illegal shark finning.

SUMMARY OF SPECIFIC PROVISIONS: This bill would:

o provide definitions of "shark" to be used in relation to finning and the regulation of sharks; o define "shark fin" to mean the raw, dried or otherwise processed detached fin including the tail;" o prohibit persons from possessing, selling, offering for sale, trading or distributing a shark fin unless the following criteria are met; o it was taken from a spiny dogfish caught by a licensed commercial fisherman; or, o it was taken from a shark caught by a recreational fisherman who has complied with the recreational marine fishing registration requirements; o authorize the Department of Environmental Conservation, until December 31, 2013, to 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, record keeping requirements, requirements concerning the amount and type of fishing effort and gear, and requirements relating to transportation, possession and sale; and, o clarify that violations of the proposed §13-0338-a or regulations promulgated pursuant to §13-0338-a would be punishable by imprisonment of not more than 15 days or by a fine of at least $250.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Adds a new §13-0338-a and amends §13-0338, §13-0339(1)(a) and (b), and the opening paragraphs of §71-0923(8), and §71-0925(7) of the Environmental Conservation Law.

JUSTIFICATION: Sharks occupy the top of the marine food chain and are a critical part of the ocean ecosystem. Yet they are particularly susceptible to decline due to over-fishing because they are slow to reach reproductive maturity and birth small litters, and hence cannot rebuild their populations quickly once over-fishing occurs. Their decline modifies the balance of species in the marine ecosystem and negatively affects other fisheries: creating a serious threat to the biodiversities of the oceans. Data from federal and international agencies show a decline in shark populations worldwide.

The barbaric practice of shark finning, whereby a shark is caught, its fins cut off and the carcass dumped back into the water, causes tens of millions of sharks to die each year. Finned sharks starve to death, may be slowly eaten by other fish or drown because most sharks must keep moving in order to force water through their gills for oxygen.

PRIOR LEGISLATIVE HISTORY: 2011: A.7707 - Referred to the Environmental Conservation Committee.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the State.

EFFECTIVE DATE: This act shall take effect January 1. 2013.


Text

STATE OF NEW YORK ________________________________________________________________________ 6431--A Cal. No. 1043 IN SENATE February 8, 2012 ___________
Introduced by Sens. GRISANTI, AVELLA, BONACIC, BRESLIN, DILAN, DUANE, HUNTLEY, KRUEGER, LARKIN, LAVALLE, LITTLE, OPPENHEIMER, PERKINS, RITCHIE, ROBACH, SERRANO, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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. 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.).]
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; OR B. WAS TAKEN FROM A SHARK CAUGHT BY A RECREATIONAL FISHERMAN WHO HAS COMPLIED WITH THE RECREATIONAL MARINE FISHING REGISTRATION REQUIREMENTS. 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 THIRTEEN, 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, [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 bass 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: 8. 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 regulation adopted pursuant to the foregoing sections, shall be punishable by imprisonment of not more than fifteen days or by a fine of the greater 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: 7. 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, 2013.

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