senate Bill S1711B

Signed by Governor

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:
A1769B
Versions:
S1711
S1711A
S1711B
Legislative Cycle:
2013-2014
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0338, En Con L
Versions Introduced in 2011-2012 Legislative Cycle:
S6431A, A7707C

Sponsor Memo

BILL NUMBER:S1711B

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 shark 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 fin 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, 2013.

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

                                 1711--B
    Cal. No. 283

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  GRISANTI,  AVELLA, BALL, BONACIC, BOYLE, BRESLIN,
  DILAN, ESPAILLAT, GOLDEN, HOYLMAN, KRUEGER, LATIMER,  LITTLE,  SAVINO,
  SERRANO,  YOUNG -- read twice and ordered printed, and when printed to
  be committed to the Committee on Environmental Conservation -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted  to  said  committee -- reported favorably from said committee,
  ordered to first report, amended on first report, ordered to a  second
  report  and  ordered  reprinted,  retaining  its place in the order of
  second report

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; DEPARTMENT AUTHORITY; 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 ORDER BATOIDEI;
  b.  "Finning" means the removal of a fin[, other than the caudal fin,]
OR FINS 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04751-08-3

S. 1711--B                          2

  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.] A. NO PERSON SHALL POSSESS, SELL,
OFFER FOR SALE, TRADE OR DISTRIBUTE A SHARK FIN; PROVIDED, HOWEVER, THAT
THIS PROHIBITION SHALL NOT APPLY TO ANY SHARK FIN THAT WAS TAKEN FROM  A
SPINY  DOGFISH  (SQUALUS ACANTHIAS) OR A SMOOTH DOGFISH (MUSTELUS CANIS)
LAWFULLY CAUGHT BY A LICENSED COMMERCIAL FISHERMAN.
  B. A SHARK FIN MAY BE  POSSESSED  BY  ANY  PERSON  IF  THE  SHARK  WAS
LAWFULLY  CAUGHT AND THE PERSON HAS A RECREATIONAL MARINE FISHING REGIS-
TRATION OR A LICENSE OR PERMIT FROM THE DEPARTMENT FOR BONA FIDE  SCIEN-
TIFIC RESEARCH OR EDUCATIONAL PURPOSES.
  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.).
  S 2. This act shall take effect on July 1, 2014.

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