S T A T E O F N E W Y O R K
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[.];
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
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.
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.