Bill Text: NY S06431 | 2011-2012 | General Assembly | Introduced

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

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-06-21 - COMMITTED TO RULES [S06431 Detail]

Download: New_York-2011-S06431-Introduced.html

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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:
    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, subdivision 4 as amended
    4  by chapter 428 of the laws of 2011, is amended to read as follows:
    5  S 13-0338. Sharks; finning prohibited.
    6    1. For purposes of this section:
    7    a. "Shark" means any species of the [order Squaliformes except species
    8  in the suborder Batoidea, and] SUBCLASS ELASMOBRANCHII;
    9    b. "Finning" means the removal of a fin[, other than the caudal  fin,]
   10  from  a shark and not retaining the remainder of the shark's carcass[.];
   11  AND
   12    C. "SHARK FIN" MEANS THE RAW, DRIED OR  OTHERWISE  PROCESSED  DETACHED
   13  FIN, OR THE RAW, DRIED OR OTHERWISE PROCESSED DETACHED TAIL, OF A SHARK.
   14    2.  No  person shall engage in finning on the waters of the marine and
   15  coastal district.
   16    3. [No person shall possess shark  fins  in  the  marine  and  coastal
   17  district  unless  the  proper proportion of species, number, and size of
   18  shark carcasses is also possessed.]  EXCEPT  AS  OTHERWISE  PROVIDED  IN
   19  SUBDIVISION  FOUR  OF THIS SECTION, NO PERSON SHALL POSSESS, SELL, OFFER
   20  FOR SALE, TRADE OR DISTRIBUTE A SHARK FIN.
   21    4. THE DEPARTMENT MAY ISSUE PERMITS FOR THE POSSESSION OF A SHARK  FIN
   22  FOR BONA FIDE SCIENTIFIC RESEARCH OR EDUCATIONAL PURPOSES.
   23    5. The department may, until December thirty-first, two thousand thir-
   24  teen, fix by regulation measures for the management of sharks, including
   25  size  limits,  catch  and  possession  limits,  open and closed seasons,
   26  closed areas, restrictions on the manner of taking and landing, require-
   27  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
    1  requirements  on  the  amount  and  type of fishing effort and gear, and
    2  requirements relating to transportation, possession and  sale,  provided
    3  that  such  regulations  are  no  less restrictive than requirements set
    4  forth  in  this  chapter  and provided further that such regulations are
    5  consistent  with  the  compliance  requirements  of  applicable  fishery
    6  management plans adopted by the Atlantic States Marine Fisheries Commis-
    7  sion  and with applicable provisions of fishery management plans adopted
    8  pursuant to the Federal Fishery  Conservation  and  Management  Act  (16
    9  U.S.C. S1800 et seq.).
   10    S 2. This act shall take effect July 1, 2013.