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History
- Committed to rules
- Amended on third reading 6431a
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1043
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Prohibits the possession, sale, offer for sale, trade or distribution of shark fins
In Senate Committee · Rules · Sponsor Alan Maisel
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.