senate Bill S6431A

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Jun 18, 2012 amended on third reading 6431a
Jun 11, 2012 advanced to third reading
Jun 06, 2012 2nd report cal.
Jun 05, 2012 1st report cal.1043
Feb 08, 2012 referred to environmental conservation

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S6431 - Bill Details

See Assembly Version of this Bill:
A7707C
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§13-0338, 13-0339, 71-0923 & 71-0925; add §13-0338-a, En Con L

S6431 - Bill Texts

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

view 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.

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                    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.

Co-Sponsors

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S6431A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7707C
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§13-0338, 13-0339, 71-0923 & 71-0925; add §13-0338-a, En Con L

S6431A (ACTIVE) - Bill Texts

view summary

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

view sponsor 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.

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

                                 6431--A
    Cal. No. 1043

                            I N  S E N A T E

                            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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14512-07-2

S. 6431--A                          2

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.

S. 6431--A                          3

  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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