A07707 Summary:

BILL NOA07707C
 
SAME ASSAME AS S06431-A
 
SPONSORMaisel
 
COSPNSRRivera P, Rosenthal, Lavine, Roberts, Paulin, Englebright, Colton, Meng, Kavanagh, Lupardo, Titone, Weprin, Brindisi, Brook-Krasny, Markey, Galef, Sweeney
 
MLTSPNSRBoyland, Braunstein, Brennan, Ceretto, Clark, Conte, Cook, Crespo, Curran, Dinowitz, Glick, Gottfried, Gunther, Katz, Magee, Malliotakis, McEneny, Miller J, Montesano, O'Donnell, Peoples-Stokes, Raia, Reilly, Schimel, Skartados, Thiele, Weisenberg
 
Amd SS13-0338, 13-0339, 71-0923 & 71-0925; add S13-0338-a, En Con L
 
Prohibits the possession, sale, offering for sale, trade or distribution of shark fins.
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A07707 Actions:

BILL NOA07707C
 
05/16/2011referred to environmental conservation
01/04/2012referred to environmental conservation
02/22/2012amend (t) and recommit to environmental conservation
02/22/2012print number 7707a
06/11/2012amend and recommit to environmental conservation
06/11/2012print number 7707b
06/13/2012reported referred to codes
06/15/2012amend and recommit to codes
06/15/2012print number 7707c
06/19/2012reported referred to rules
06/20/2012reported
06/20/2012rules report cal.448
06/20/2012ordered to third reading rules cal.448
06/20/2012passed assembly
06/20/2012delivered to senate
06/20/2012REFERRED TO RULES
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A07707 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7707--C
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 16, 2011
                                       ___________
 
        Introduced  by  M.  of A. MAISEL, P. RIVERA, ROSENTHAL, LAVINE, ROBERTS,
          PAULIN, ENGLEBRIGHT, COLTON, MENG, KAVANAGH, LUPARDO, TITONE,  WEPRIN,
          BRINDISI,  BROOK-KRASNY,  MARKEY, GALEF, SWEENEY -- Multi-Sponsored by
          -- M. of A.  BOYLAND, BRAUNSTEIN, BRENNAN, CERETTO, CONTE, COOK, CRES-
          PO, CURRAN, DINOWITZ, GLICK, GOTTFRIED, GUNTHER, KATZ, MAGEE,  MALLIO-

          TAKIS, McENENY, J. MILLER, MONTESANO, O'DONNELL, PEOPLES-STOKES, RAIA,
          REILLY,  SCHIMEL,  SKARTADOS,  THIELE,  WEISENBERG  --  read  once and
          referred to the Committee on Environmental Conservation -- recommitted
          to the Committee on  Environmental  Conservation  in  accordance  with
          Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
          reprinted  as  amended  and  recommitted  to  said  committee -- again
          reported from said committee with  amendments,  ordered  reprinted  as
          amended  and recommitted to said committee -- reported and referred to
          the Committee on Codes -- 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  § 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;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets

                              [ ] is old law to be omitted.
                                                                   LBD11481-08-2

        A. 7707--C                          2
 
     1    b. "Finning" means the removal of a fin[, other than the caudal  fin,]
     2  from  a shark and not retaining the remainder of the shark's carcass[.];
     3  and
     4    c.  "Shark  fin"  means the raw, dried or otherwise processed detached
     5  fin including the tail.
     6    2. No person shall engage in finning on the waters of the  marine  and
     7  coastal district.
     8    3.  [No  person  shall  possess  shark  fins in the marine and coastal
     9  district unless the proper proportion of species, number,  and  size  of
    10  shark carcasses is also possessed.

    11    4. The department may, until December thirty-first, two thousand thir-
    12  teen, fix by regulation measures for the management of sharks, including
    13  size  limits,  catch  and  possession  limits,  open and closed seasons,
    14  closed areas, restrictions on the manner of taking and landing, require-
    15  ments for permits and eligibility therefor, recordkeeping  requirements,
    16  requirements  on  the  amount  and  type of fishing effort and gear, and
    17  requirements relating to transportation, possession and  sale,  provided
    18  that  such  regulations  are  no  less restrictive than requirements set
    19  forth in this chapter and provided further  that  such  regulations  are
    20  consistent  with  the  compliance  requirements  of  applicable  fishery

    21  management plans adopted by the Atlantic States Marine Fisheries Commis-
    22  sion and with applicable provisions of fishery management plans  adopted
    23  pursuant  to  the  Federal  Fishery  Conservation and Management Act (16
    24  U.S.C. §1800 et seq.).] No person shall possess, sell, offer  for  sale,
    25  trade or distribute a shark fin provided; however, that this prohibition
    26  shall  not apply to any legally taken shark fin that meets the following
    27  criteria:
    28    a. was taken from a spiny dogfish  (Squalus  acanthias)  or  a  smooth
    29  dogfish (Mustelus canis) caught by a licensed commercial fisherman; or
    30    b.  was  taken from a shark caught by a recreational fisherman who has
    31  complied with the recreational marine fishing registration requirements.

    32    § 2.  The environmental conservation law is amended by  adding  a  new
    33  section 13-0338-a to read as follows:
    34  § 13-0338-a. Sharks; department authority.
    35    1.    For  purposes  of this section, "shark" means any species of the
    36  order Squaliformes except species in the superorder Batoidea.
    37    2.   The department may, until  December  thirty-first,  two  thousand
    38  thirteen,  fix  by  regulation  measures  for  the management of sharks,
    39  including size limits, catch and  possession  limits,  open  and  closed
    40  seasons, closed areas, restrictions on the manner of taking and landing,
    41  requirements   for   permits  and  eligibility  therefor,  recordkeeping
    42  requirements, requirements on the amount and type of fishing effort  and

    43  gear,  and requirements relating to transportation, possession and sale,
    44  provided that such regulations are no less restrictive than requirements
    45  set forth in this chapter and provided further that such regulations are
    46  consistent  with  the  compliance  requirements  of  applicable  fishery
    47  management plans adopted by the Atlantic States Marine Fisheries Commis-
    48  sion  and with applicable provisions of fishery management plans adopted
    49  pursuant to the Federal Fishery  Conservation  and  Management  Act  (16
    50  U.S.C. §1800 et seq.).
    51    §  3.  Paragraphs  a  and b of subdivision 1 of section 13-0339 of the
    52  environmental conservation law, as amended by chapter 156 of the laws of
    53  2003, are amended to read as follows:

    54    a. The taking of fish with nets in the marine and coastal district  is
    55  governed  by  sections  13-0333,  13-0335, 13-0341, 13-0343, 13-0347 and
    56  11-1521, and regulations adopted pursuant to sections 11-0303,  11-1303,

        A. 7707--C                          3
 
     1  [13-0338]   13-0338-a,   13-0339-a,   13-0340,   13-0340-a,   13-0340-b,
     2  13-0340-c, 13-0340-d, 13-0340-e, 13-0340-f and 13-0340-g of  this  chap-
     3  ter.  The  taking  of  fish  by  other  means, in the marine and coastal
     4  district, is governed by title 13 of article 11 of the Fish and Wildlife
     5  Law,  subject  to  restrictions in section 13-0343 as to certain waters,
     6  and to provisions  of  sections  13-0347  and  11-1521  and  regulations
     7  adopted  pursuant  to section 11-0303 of this chapter as to striped bass

     8  and  sections  13-0338,  13-0339-a,   13-0340,   13-0340-a,   13-0340-b,
     9  13-0340-c,  13-0340-d,  13-0340-e,  13-0340-f  and 13-0340-g as to other
    10  species of marine fish. The taking, and sale  or  taking  for  sale,  of
    11  certain bait fish are governed by section 11-1315 of this chapter.
    12    b.  Open  seasons, minimum size limits and catch limits for fish other
    13  than the marine species named in subdivisions 2 and 3  of  this  section
    14  are  specified  by  regulations  adopted  pursuant  to sections 11-0303,
    15  11-1303, [13-0338] 13-0338-a, 13-0339-a, 13-0340, 13-0340-a,  13-0340-b,
    16  13-0340-c,  13-0340-d,  13-0340-e, 13-0340-f and 13-0340-g of this chap-
    17  ter. All shortnose sturgeon irrespective of size and all Atlantic  stur-
    18  geon under the size limits prescribed by regulations adopted pursuant to
    19  section  11-1303 of this chapter taken in gill nets shall be immediately

    20  returned to the water without unnecessary injury. Other  fish  named  by
    21  regulations  adopted  pursuant  to  sections  11-0303, 11-1303, 13-0338,
    22  13-0339-a,  13-0340,   13-0340-a,   13-0340-b,   13-0340-c,   13-0340-d,
    23  13-0340-e,  13-0340-f  and  13-0340-g of this chapter and under the size
    24  limits prescribed in such regulations, shall  not  be  bought,  sold  or
    25  trafficked in.
    26    §  4. The opening paragraph of subdivision 8 of section 71-0923 of the
    27  environmental conservation law, as amended by chapter 284 of the laws of
    28  2004, is amended to read as follows:
    29    8. Any violation  of  sections  13-0329,  13-0330,  13-0331,  13-0333,
    30  13-0334,   13-0335,   subdivision   one  of  section  13-0337,  13-0338,
    31  13-0338-a, 13-0339, 13-0339-a,  13-0340,  13-0340-a  through  13-0340-g,
    32  13-0341,  13-0342,  13-0343, 13-0347, and 13-0349 of this chapter, or of

    33  any regulation adopted pursuant to  the  foregoing  sections,  shall  be
    34  punishable by imprisonment of not more than fifteen days or by a fine of
    35  the greater of two hundred fifty dollars or:
    36    §  5. The opening paragraph of subdivision 7 of section 71-0925 of the
    37  environmental conservation law, as amended by chapter 284 of the laws of
    38  2004, is amended to read as follows:
    39    7. If the violation was a  violation  of  sections  13-0329,  13-0330,
    40  13-0331,  13-0333, 13-0334, 13-0335, subdivision one of section 13-0337,
    41  13-0338,  13-0338-a,  13-0339,  13-0339-a,  13-0340,  13-0340-a  through
    42  13-0340-g, 13-0341, 13-0342, 13-0343, 13-0347, and 13-0349 of this chap-
    43  ter,  or  of  any regulation adopted pursuant to the foregoing sections,
    44  the greater of two hundred fifty dollars or:
    45    § 6.  This act shall take effect July 1, 2013.
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