Bill Text: NY A01769 | 2013-2014 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Prohibits the possession, sale, offering for sale, trade or distribution of shark fins; makes certain exceptions.
Spectrum: Moderate Partisan Bill (Democrat 39-10)
Status: (Introduced - Dead) 2013-05-06 - substituted by s1711b [A01769 Detail]
Download: New_York-2013-A01769-Amended.html
Bill Title: Prohibits the possession, sale, offering for sale, trade or distribution of shark fins; makes certain exceptions.
Spectrum: Moderate Partisan Bill (Democrat 39-10)
Status: (Introduced - Dead) 2013-05-06 - substituted by s1711b [A01769 Detail]
Download: New_York-2013-A01769-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1769--A
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. MAISEL, ROSENTHAL, MONTESANO, ENGLEBRIGHT,
ROBERTS, COLTON, KATZ, SCHIMEL -- Multi-Sponsored by -- M. of A.
CERETTO, COOK, DINOWITZ, GLICK, GOTTFRIED, GUNTHER, THIELE, WEISENBERG
-- read once and referred to the Committee on Environmental Conserva-
tion -- 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:
1 Section 1. Section 13-0338 of the environmental conservation law, as
2 added by chapter 231 of the laws of 1992, paragraph a of subdivision 1
3 as amended by chapter 308 of the laws of 1999 and subdivision 4 as
4 amended by chapter 428 of the laws of 2011, is amended to read as
5 follows:
6 S 13-0338. Sharks; finning prohibited.
7 1. For purposes of this section:
8 a. "Shark" means any species of the [order Squaliformes except species
9 in the suborder Batoidea, and] SUBCLASS ELASMOBRANCHII EXCEPT SPECIES IN
10 THE SUPER ORDER BATOIDEA;
11 b. "Finning" means the removal of a fin[, other than the caudal fin,]
12 from a shark and not retaining the remainder of the shark's carcass[.];
13 AND
14 C. "SHARK FIN" MEANS THE RAW, DRIED OR OTHERWISE PROCESSED DETACHED
15 FIN INCLUDING THE TAIL.
16 2. No person shall engage in finning on the waters of the marine and
17 coastal district.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04751-05-3
A. 1769--A 2
1 3. [No person shall possess shark fins in the marine and coastal
2 district unless the proper proportion of species, number, and size of
3 shark carcasses is also possessed.
4 4. The department may, until December thirty-first, two thousand thir-
5 teen, fix by regulation measures for the management of sharks, including
6 size limits, catch and possession limits, open and closed seasons,
7 closed areas, restrictions on the manner of taking and landing, require-
8 ments for permits and eligibility therefor, recordkeeping requirements,
9 requirements on the amount and type of fishing effort and gear, and
10 requirements relating to transportation, possession and sale, provided
11 that such regulations are no less restrictive than requirements set
12 forth in this chapter and provided further that such regulations are
13 consistent with the compliance requirements of applicable fishery
14 management plans adopted by the Atlantic States Marine Fisheries Commis-
15 sion and with applicable provisions of fishery management plans adopted
16 pursuant to the Federal Fishery Conservation and Management Act (16
17 U.S.C. S1800 et seq.).] NO PERSON SHALL POSSESS, SELL, OFFER FOR SALE,
18 TRADE OR DISTRIBUTE A SHARK FIN PROVIDED; HOWEVER, THAT THIS PROHIBITION
19 SHALL NOT APPLY TO ANY LEGALLY TAKEN SHARK FIN THAT MEETS THE FOLLOWING
20 CRITERIA:
21 A. WAS TAKEN FROM A SPINY DOGFISH (SQUALUS ACANTHIAS) OR A SMOOTH
22 DOGFISH (MUSTELUS CANIS) CAUGHT BY A LICENSED COMMERCIAL FISHERMAN;
23 B. WAS TAKEN FROM A SHARK CAUGHT BY A RECREATIONAL FISHERMAN WHO HAS
24 COMPLIED WITH THE RECREATIONAL MARINE FISHING REGISTRATION REQUIREMENTS;
25 OR
26 C. WHERE SPECIFICALLY LICENSED OR PERMITTED BY THE DEPARTMENT FOR BONA
27 FIDE SCIENTIFIC RESEARCH OR EDUCATIONAL PURPOSES.
28 S 2. The environmental conservation law is amended by adding a new
29 section 13-0338-a to read as follows:
30 S 13-0338-A. SHARKS; DEPARTMENT AUTHORITY.
31 1. FOR PURPOSES OF THIS SECTION, "SHARK" MEANS ANY SPECIES OF THE
32 ORDER SQUALIFORMES EXCEPT SPECIES IN THE SUPERORDER BATOIDEA.
33 2. THE DEPARTMENT MAY, UNTIL DECEMBER THIRTY-FIRST, TWO THOUSAND
34 FOURTEEN, FIX BY REGULATION MEASURES FOR THE MANAGEMENT OF SHARKS,
35 INCLUDING SIZE LIMITS, CATCH AND POSSESSION LIMITS, OPEN AND CLOSED
36 SEASONS, CLOSED AREAS, RESTRICTIONS ON THE MANNER OF TAKING AND LANDING,
37 REQUIREMENTS FOR PERMITS AND ELIGIBILITY THEREFOR, RECORDKEEPING
38 REQUIREMENTS, REQUIREMENTS ON THE AMOUNT AND TYPE OF FISHING EFFORT AND
39 GEAR, AND REQUIREMENTS RELATING TO TRANSPORTATION, POSSESSION AND SALE,
40 PROVIDED THAT SUCH REGULATIONS ARE NO LESS RESTRICTIVE THAN REQUIREMENTS
41 SET FORTH IN THIS CHAPTER AND PROVIDED FURTHER THAT SUCH REGULATIONS ARE
42 CONSISTENT WITH THE COMPLIANCE REQUIREMENTS OF APPLICABLE FISHERY
43 MANAGEMENT PLANS ADOPTED BY THE ATLANTIC STATES MARINE FISHERIES COMMIS-
44 SION AND WITH APPLICABLE PROVISIONS OF FISHERY MANAGEMENT PLANS ADOPTED
45 PURSUANT TO THE FEDERAL FISHERY CONSERVATION AND MANAGEMENT ACT (16
46 U.S.C. S1800 ET SEQ.).
47 S 3. Paragraphs a and b of subdivision 1 of section 13-0339 of the
48 environmental conservation law, as amended by chapter 156 of the laws of
49 2003, are amended to read as follows:
50 a. The taking of fish with nets in the marine and coastal district is
51 governed by sections 13-0333, 13-0335, 13-0341, 13-0343, 13-0347 and
52 11-1521, and regulations adopted pursuant to sections 11-0303, 11-1303,
53 [13-0338] 13-0338-A, 13-0339-a, 13-0340, 13-0340-a, 13-0340-b,
54 13-0340-c, 13-0340-d, 13-0340-e, 13-0340-f and 13-0340-g of this chap-
55 ter. The taking of fish by other means, in the marine and coastal
56 district, is governed by title 13 of article 11 of the Fish and Wildlife
A. 1769--A 3
1 Law, subject to restrictions in section 13-0343 as to certain waters,
2 and to provisions of sections 13-0347 and 11-1521 and regulations
3 adopted pursuant to section 11-0303 of this chapter as to striped bass
4 and sections 13-0338, 13-0339-a, 13-0340, 13-0340-a, 13-0340-b,
5 13-0340-c, 13-0340-d, 13-0340-e, 13-0340-f and 13-0340-g as to other
6 species of marine fish. The taking, and sale or taking for sale, of
7 certain bait fish are governed by section 11-1315 of this chapter.
8 b. Open seasons, minimum size limits and catch limits for fish other
9 than the marine species named in subdivisions 2 and 3 of this section
10 are specified by regulations adopted pursuant to sections 11-0303,
11 11-1303, [13-0338] 13-0338-A, 13-0339-a, 13-0340, 13-0340-a, 13-0340-b,
12 13-0340-c, 13-0340-d, 13-0340-e, 13-0340-f and 13-0340-g of this chap-
13 ter. All shortnose sturgeon irrespective of size and all Atlantic stur-
14 geon under the size limits prescribed by regulations adopted pursuant to
15 section 11-1303 of this chapter taken in gill nets shall be immediately
16 returned to the water without unnecessary injury. Other fish named by
17 regulations adopted pursuant to sections 11-0303, 11-1303, 13-0338,
18 13-0339-a, 13-0340, 13-0340-a, 13-0340-b, 13-0340-c, 13-0340-d,
19 13-0340-e, 13-0340-f and 13-0340-g of this chapter and under the size
20 limits prescribed in such regulations, shall not be bought, sold or
21 trafficked in.
22 S 4. The opening paragraph of subdivision 8 of section 71-0923 of the
23 environmental conservation law, as amended by chapter 284 of the laws of
24 2004, is amended to read as follows:
25 Any violation of sections 13-0329, 13-0330, 13-0331, 13-0333, 13-0334,
26 13-0335, subdivision one of section 13-0337, 13-0338, 13-0338-A,
27 13-0339, 13-0339-a, 13-0340, 13-0340-a through 13-0340-g, 13-0341,
28 13-0342, 13-0343, 13-0347, and 13-0349 of this chapter, or of any regu-
29 lation adopted pursuant to the foregoing sections, shall be punishable
30 by imprisonment of not more than fifteen days or by a fine of the great-
31 er of two hundred fifty dollars or:
32 S 5. The opening paragraph of subdivision 7 of section 71-0925 of the
33 environmental conservation law, as amended by chapter 284 of the laws of
34 2004, is amended to read as follows:
35 If the violation was a violation of sections 13-0329, 13-0330,
36 13-0331, 13-0333, 13-0334, 13-0335, subdivision one of section 13-0337,
37 13-0338, 13-0338-A, 13-0339, 13-0339-a, 13-0340, 13-0340-a through
38 13-0340-g, 13-0341, 13-0342, 13-0343, 13-0347, and 13-0349 of this chap-
39 ter, or of any regulation adopted pursuant to the foregoing sections,
40 the greater of two hundred fifty dollars or:
41 S 6. This act shall take effect July 1, 2014.
