senate Bill S1711B

Signed By Governor
2013-2014 Legislative Session

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

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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 26, 2013 signed chap.171
Jul 19, 2013 delivered to governor
May 06, 2013 returned to senate
passed assembly
ordered to third reading cal.241
substituted for a1769b
Apr 24, 2013 referred to codes
Apr 23, 2013 delivered to assembly
passed senate
Apr 22, 2013 advanced to third reading
Apr 17, 2013 2nd report cal.
amended 1711b
Apr 16, 2013 1st report cal.283
Mar 05, 2013 print number 1711a
amend and recommit to environmental conservation
Jan 09, 2013 referred to environmental conservation

Votes

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Jun 4, 2013 - Environmental Conservation committee Vote

S1711A
12
0
committee
12
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Apr 16, 2013 - Environmental Conservation committee Vote

S1711A
12
0
committee
12
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

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S1711 - Bill Details

See Assembly Version of this Bill:
A1769B
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0338, En Con L
Versions Introduced in 2011-2012 Legislative Session:
S6431A, A7707C

S1711 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S1711

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 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.

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

                                  1711

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. GRISANTI, LITTLE -- 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  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.
                                                           LBD04751-01-3

S. 1711                             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
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
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. 1711                             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:
  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.

Co-Sponsors

view additional co-sponsors

S1711A - Bill Details

See Assembly Version of this Bill:
A1769B
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0338, En Con L
Versions Introduced in 2011-2012 Legislative Session:
S6431A, A7707C

S1711A - Bill Texts

view summary

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

view 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 full text
download pdf
                    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.

Co-Sponsors

view additional co-sponsors

S1711B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1769B
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0338, En Con L
Versions Introduced in 2011-2012 Legislative Session:
S6431A, A7707C

S1711B (ACTIVE) - Bill Texts

view summary

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

view 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 full text
download pdf
                    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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