BILL NUMBER:  S5924

 TITLE OF BILL :

An act to amend chapter 378 of the laws of 2014 amending the
environmental conservation law relating to the taking of sharks, in
relation to making such provisions permanent

 PURPOSE :

To make permanent the provisions of Chapter 378 of the Laws of 2014
relating to the taking the sharks (excluding spiny dogfish) by the
exclusive use of non-stainless steel non-offset circle hooks.

 SUMMARY OF PROVISIONS :

Section 2 of Chapter 378 of the Laws of 2014 amending the
Environmental Conservation Law relating to the taking of sharks, as
amended by Chapter 121 of the Laws of 2016, is amended by repealing
the current sunset date of December 31, 2018, thereby making the
provisions permanent.

 JUSTIFICATION :

Recognizing the fact that several species of sharks are endangered and
many more are threatened as populations worldwide are dwindling,
              

legislation was enacted in 2014 to further protect sharks in New York
State. Chapter 378 of the Laws of 2014 limited the taking the sharks
(excluding spiny dogfish) to the use of non-stainless steel non-offset
circle hooks. A circle hook is a fishing hook by which the point is
turned perpendicular to the shank to form a circular shape. Scientific
studies predict higher survival rates for released fish when circle
hooks and catch-and-release techniques are used, as circle hooks are
more likely to hook a fish in the mouth rather than the gut. Circle
hooks are easier to remove than the typically used J hook and can
reduce the potential harm to fish.  Non-stainless hooks further
enhance survival rates as they dissolve in the digestive system,
especially in large predator fish like sharks.

The provisions of Chapter 378 contained a sunset provision (December
31, 2016) which was recently extended to December 31, 2018 pursuant to
Chapter 121 of the Laws of 2016 as evidence has shown that the fishing
industry has been receptive and supportive of this requirement.
Further, public comment on this issue has also led to the National
Marine Fisheries Service issuance of a management measure (published
in the Federal Register on April 4, 2017) that will require the use of
non-offset, non-stainless steel circle hooks in New York waters by all
"Highly Migratory Species" (HMS) permit holders with a shark
endorsement when fishing for sharks recreationally and by all
commercial fishermen with HMS directed shark permits using bottom
longline, beginning January 1, 2018. This legislation will allow New
York law to consistently remain in-line with federal rule by removing
the current sunset date and making the provisions permanent.

 LEGISLATIVE HISTORY :

New legislation.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.