senate Bill S1711A

Signed by Governor 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 by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 05 / Mar / 2013
    • AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 05 / Mar / 2013
    • PRINT NUMBER 1711A
  • 16 / Apr / 2013
    • 1ST REPORT CAL.283
  • 17 / Apr / 2013
    • AMENDED 1711B
  • 17 / Apr / 2013
    • 2ND REPORT CAL.
  • 22 / Apr / 2013
    • ADVANCED TO THIRD READING
  • 23 / Apr / 2013
    • PASSED SENATE
  • 23 / Apr / 2013
    • DELIVERED TO ASSEMBLY
  • 24 / Apr / 2013
    • REFERRED TO CODES
  • 06 / May / 2013
    • SUBSTITUTED FOR A1769B
  • 06 / May / 2013
    • ORDERED TO THIRD READING CAL.241
  • 06 / May / 2013
    • PASSED ASSEMBLY
  • 06 / May / 2013
    • RETURNED TO SENATE
  • 19 / Jul / 2013
    • DELIVERED TO GOVERNOR
  • 26 / Jul / 2013
    • SIGNED CHAP.171

Summary

Prohibits the possession, sale, offering for sale, trade or distribution of shark fins; makes certain exceptions.

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Bill Details

See Assembly Version of this Bill:
A1769A
Versions:
S1711
S1711A
S1711B
Legislative Cycle:
2013-2014
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§13-0338, 13-0339, 71-0923 & 71-0925, add §13-0338-a, En Con L
Versions Introduced in 2011-2012 Legislative Cycle:
S6431A, A7707C

Votes

12
0
12
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Environmental Conservation committee vote details

Sponsor Memo

BILL NUMBER:S1711A

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 fin 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 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.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

The act would take effect July 1, 2014.

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

                                 1711--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. GRISANTI, AVELLA, BONACIC, KRUEGER, LITTLE, SERRANO,
  YOUNG  --  read  twice  and  ordered  printed,  and when printed to be
  committed to the Committee on Environmental Conservation --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04751-04-3

S. 1711--A                          2

  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;
  B. WAS TAKEN FROM A SHARK CAUGHT BY A RECREATIONAL FISHERMAN  WHO  HAS
COMPLIED WITH THE RECREATIONAL MARINE FISHING REGISTRATION REQUIREMENTS;
OR
  C. WHERE SPECIFICALLY LICENSED OR PERMITTED BY THE DEPARTMENT FOR BONA
FIDE SCIENTIFIC RESEARCH OR EDUCATIONAL PURPOSES.
  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
FOURTEEN, 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

S. 1711--A                          3

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:
  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  regu-
lation  adopted  pursuant to the foregoing sections, shall be punishable
by imprisonment of not more than fifteen days or by a fine of the great-
er 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:
  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, 2014.

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