senate Bill S6431

Amended

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 08 / Feb / 2012
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 05 / Jun / 2012
    • 1ST REPORT CAL.1043
  • 06 / Jun / 2012
    • 2ND REPORT CAL.
  • 11 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 18 / Jun / 2012
    • AMENDED ON THIRD READING 6431A
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

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

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Bill Details

Versions:
S6431
S6431A
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§13-0338, 13-0339, 71-0923 & 71-0925; add §13-0338-a, En Con L

Sponsor Memo

BILL NUMBER:S6431

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.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:
The act would take effect July 1, 2013.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6431

                            I N  S E N A T E

                            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.

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