S06431 Summary:

BILL NO    S06431A

SAME AS    SAME AS A07707-C

SPONSOR    GRISANTI

COSPNSR    AVELLA, BONACIC, BRESLIN, DILAN, DUANE, HUNTLEY, KRUEGER, LARKIN,
           LAVALLE, LITTLE, OPPENHEIMER, PERKINS, RITCHIE, ROBACH, SERRANO,
           STAVISKY

MLTSPNSR   

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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S06431 Actions:

BILL NO    S06431A

02/08/2012 REFERRED TO ENVIRONMENTAL CONSERVATION
06/05/2012 1ST REPORT CAL.1043
06/06/2012 2ND REPORT CAL.
06/11/2012 ADVANCED TO THIRD READING 
06/18/2012 AMENDED ON THIRD READING 6431A
06/21/2012 COMMITTED TO RULES
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S06431 Votes:

There are no votes for this bill in this legislative session.
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S06431 Memo:

Memo not available
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S06431 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        6431--A
           Cal. No. 1043

                                   I N  S E N A T E

                                   February 8, 2012
                                      ___________

       Introduced  by  Sens.  GRISANTI, AVELLA, BONACIC, BRESLIN, DILAN, DUANE,
         HUNTLEY,  KRUEGER,  LARKIN,  LAVALLE,  LITTLE,  OPPENHEIMER,  PERKINS,
         RITCHIE,  ROBACH, SERRANO, STAVISKY -- read twice and ordered printed,
         and when printed to be committed to  the  Committee  on  Environmental
         Conservation  --  reported  favorably  from said committee, ordered to
         first and second report, ordered  to  a  third  reading,  amended  and
         ordered reprinted, retaining its place in the order of third reading

       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.
   18    3. [No person shall possess shark  fins  in  the  marine  and  coastal
   19  district  unless  the  proper proportion of species, number, and size of
   20  shark carcasses is also possessed.
   21    4. The department may, until December thirty-first, two thousand thir-
   22  teen, fix by regulation measures for the management of sharks, including

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14512-07-2
       S. 6431--A                          2

    1  size limits, catch and  possession  limits,  open  and  closed  seasons,
    2  closed areas, restrictions on the manner of taking and landing, require-
    3  ments  for permits and eligibility therefor, recordkeeping requirements,
    4  requirements  on  the  amount  and  type of fishing effort and gear, and
    5  requirements relating to transportation, possession and  sale,  provided
    6  that  such  regulations  are  no  less restrictive than requirements set
    7  forth in this chapter and provided further  that  such  regulations  are
    8  consistent  with  the  compliance  requirements  of  applicable  fishery
    9  management plans adopted by the Atlantic States Marine Fisheries Commis-
   10  sion and with applicable provisions of fishery management plans  adopted
   11  pursuant  to  the  Federal  Fishery  Conservation and Management Act (16
   12  U.S.C. S1800 et seq.).] NO PERSON SHALL POSSESS, SELL, OFFER  FOR  SALE,
   13  TRADE OR DISTRIBUTE A SHARK FIN PROVIDED; HOWEVER, THAT THIS PROHIBITION
   14  SHALL  NOT APPLY TO ANY LEGALLY TAKEN SHARK FIN THAT MEETS THE FOLLOWING
   15  CRITERIA:
   16    A. WAS TAKEN FROM A SPINY DOGFISH  (SQUALUS  ACANTHIAS)  OR  A  SMOOTH
   17  DOGFISH (MUSTELUS CANIS) CAUGHT BY A LICENSED COMMERCIAL FISHERMAN; OR
   18    B.  WAS  TAKEN FROM A SHARK CAUGHT BY A RECREATIONAL FISHERMAN WHO HAS
   19  COMPLIED WITH THE RECREATIONAL MARINE FISHING REGISTRATION REQUIREMENTS.
   20    S 2.  The environmental conservation law is amended by  adding  a  new
   21  section 13-0338-a to read as follows:
   22  S 13-0338-A. SHARKS; DEPARTMENT AUTHORITY.
   23    1.    FOR  PURPOSES  OF THIS SECTION, "SHARK" MEANS ANY SPECIES OF THE
   24  ORDER SQUALIFORMES EXCEPT SPECIES IN THE SUPERORDER BATOIDEA.
   25    2.   THE DEPARTMENT MAY, UNTIL  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND
   26  THIRTEEN,  FIX  BY  REGULATION  MEASURES  FOR  THE MANAGEMENT OF SHARKS,
   27  INCLUDING SIZE LIMITS, CATCH AND  POSSESSION  LIMITS,  OPEN  AND  CLOSED
   28  SEASONS, CLOSED AREAS, RESTRICTIONS ON THE MANNER OF TAKING AND LANDING,
   29  REQUIREMENTS   FOR   PERMITS  AND  ELIGIBILITY  THEREFOR,  RECORDKEEPING
   30  REQUIREMENTS, REQUIREMENTS ON THE AMOUNT AND TYPE OF FISHING EFFORT  AND
   31  GEAR,  AND REQUIREMENTS RELATING TO TRANSPORTATION, POSSESSION AND SALE,
   32  PROVIDED THAT SUCH REGULATIONS ARE NO LESS RESTRICTIVE THAN REQUIREMENTS
   33  SET FORTH IN THIS CHAPTER AND PROVIDED FURTHER THAT SUCH REGULATIONS ARE
   34  CONSISTENT  WITH  THE  COMPLIANCE  REQUIREMENTS  OF  APPLICABLE  FISHERY
   35  MANAGEMENT PLANS ADOPTED BY THE ATLANTIC STATES MARINE FISHERIES COMMIS-
   36  SION  AND WITH APPLICABLE PROVISIONS OF FISHERY MANAGEMENT PLANS ADOPTED
   37  PURSUANT TO THE FEDERAL FISHERY  CONSERVATION  AND  MANAGEMENT  ACT  (16
   38  U.S.C. S1800 ET SEQ.).
   39    S  3.  Paragraphs  a  and b of subdivision 1 of section 13-0339 of the
   40  environmental conservation law, as amended by chapter 156 of the laws of
   41  2003, are amended to read as follows:
   42    a. The taking of fish with nets in the marine and coastal district  is
   43  governed  by  sections  13-0333,  13-0335, 13-0341, 13-0343, 13-0347 and
   44  11-1521, and regulations adopted pursuant to sections 11-0303,  11-1303,
   45  [13-0338]   13-0338-A,   13-0339-a,   13-0340,   13-0340-a,   13-0340-b,
   46  13-0340-c, 13-0340-d, 13-0340-e, 13-0340-f and 13-0340-g of  this  chap-
   47  ter.  The  taking  of  fish  by  other  means, in the marine and coastal
   48  district, is governed by title 13 of article 11 of the Fish and Wildlife
   49  Law, subject to restrictions in section 13-0343 as  to  certain  waters,
   50  and  to  provisions  of  sections  13-0347  and  11-1521 and regulations
   51  adopted pursuant to section 11-0303 of this chapter as to  striped  bass
   52  and   sections   13-0338,   13-0339-a,  13-0340,  13-0340-a,  13-0340-b,
   53  13-0340-c, 13-0340-d, 13-0340-e, 13-0340-f and  13-0340-g  as  to  other
   54  species  of  marine  fish.  The  taking, and sale or taking for sale, of
   55  certain bait fish are governed by section 11-1315 of this chapter.
       S. 6431--A                          3

    1    b. Open seasons, minimum size limits and catch limits for  fish  other
    2  than  the  marine  species named in subdivisions 2 and 3 of this section
    3  are specified by  regulations  adopted  pursuant  to  sections  11-0303,
    4  11-1303,  [13-0338] 13-0338-A, 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 of this chap-
    6  ter. All shortnose sturgeon irrespective of size and all Atlantic  stur-
    7  geon under the size limits prescribed by regulations adopted pursuant to
    8  section  11-1303 of this chapter taken in gill nets shall be immediately
    9  returned to the water without unnecessary injury. Other  fish  named  by
   10  regulations  adopted  pursuant  to  sections  11-0303, 11-1303, 13-0338,
   11  13-0339-a,  13-0340,   13-0340-a,   13-0340-b,   13-0340-c,   13-0340-d,
   12  13-0340-e,  13-0340-f  and  13-0340-g of this chapter and under the size
   13  limits prescribed in such regulations, shall  not  be  bought,  sold  or
   14  trafficked in.
   15    S  4. The opening paragraph of subdivision 8 of section 71-0923 of the
   16  environmental conservation law, as amended by chapter 284 of the laws of
   17  2004, is amended to read as follows:
   18    8. Any violation  of  sections  13-0329,  13-0330,  13-0331,  13-0333,
   19  13-0334,   13-0335,   subdivision   one  of  section  13-0337,  13-0338,
   20  13-0338-A, 13-0339, 13-0339-a,  13-0340,  13-0340-a  through  13-0340-g,
   21  13-0341,  13-0342,  13-0343, 13-0347, and 13-0349 of this chapter, or of
   22  any regulation adopted pursuant to  the  foregoing  sections,  shall  be
   23  punishable by imprisonment of not more than fifteen days or by a fine of
   24  the greater of two hundred fifty dollars or:
   25    S  5. The opening paragraph of subdivision 7 of section 71-0925 of the
   26  environmental conservation law, as amended by chapter 284 of the laws of
   27  2004, is amended to read as follows:
   28    7. If the violation was a  violation  of  sections  13-0329,  13-0330,
   29  13-0331,  13-0333, 13-0334, 13-0335, subdivision one of section 13-0337,
   30  13-0338,  13-0338-A,  13-0339,  13-0339-a,  13-0340,  13-0340-a  through
   31  13-0340-g, 13-0341, 13-0342, 13-0343, 13-0347, and 13-0349 of this chap-
   32  ter,  or  of  any regulation adopted pursuant to the foregoing sections,
   33  the greater of two hundred fifty dollars or:
   34    S 6.  This act shall take effect July 1, 2013.
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