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S01711 Summary:

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S01711 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1711--B
            Cal. No. 283
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  Sens.  GRISANTI,  AVELLA, BALL, BONACIC, BOYLE, BRESLIN,
          DILAN, ESPAILLAT, GOLDEN, HOYLMAN, KRUEGER, LATIMER,  LITTLE,  SAVINO,
          SERRANO,  YOUNG -- read twice and ordered printed, and when printed to

          be committed to the Committee on Environmental Conservation -- commit-
          tee discharged, bill amended, ordered reprinted as amended and  recom-
          mitted  to  said  committee -- reported favorably from said committee,
          ordered to first report, amended on first report, ordered to a  second
          report  and  ordered  reprinted,  retaining  its place in the order of
          second report
 
        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; department authority; 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 order Batoidei;
    11    b.  "Finning" means the removal of a fin[, other than the caudal fin,]
    12  or fins from a shark and not retaining  the  remainder  of  the  shark's
    13  carcass[.]; and
    14    c.  "Shark  fin"  means the raw, dried or otherwise processed detached
    15  fin including the tail.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04751-08-3
        S. 1711--B                          2
 
     1    2. No person shall engage in finning on the waters of the  marine  and
     2  coastal district.
     3    3.  [No  person  shall  possess  shark  fins in the marine and coastal
     4  district unless the proper proportion of species, number,  and  size  of
     5  shark  carcasses  is  also possessed.] a. No person shall possess, sell,
     6  offer for sale, trade or distribute a shark fin; provided, however, that
     7  this prohibition shall not apply to any shark fin that was taken from  a

     8  spiny  dogfish  (Squalus acanthias) or a smooth dogfish (Mustelus canis)
     9  lawfully caught by a licensed commercial fisherman.
    10    b. A shark fin may be  possessed  by  any  person  if  the  shark  was
    11  lawfully  caught and the person has a recreational marine fishing regis-
    12  tration or a license or permit from the department for bona fide  scien-
    13  tific research or educational purposes.
    14    4. The department may, until December thirty-first, two thousand thir-
    15  teen, fix by regulation measures for the management of sharks, including
    16  size  limits,  catch  and  possession  limits,  open and closed seasons,
    17  closed areas, restrictions on the manner of taking and landing, require-
    18  ments for permits and eligibility therefor, recordkeeping  requirements,

    19  requirements  on  the  amount  and  type of fishing effort and gear, and
    20  requirements relating to transportation, possession and  sale,  provided
    21  that  such  regulations  are  no  less restrictive than requirements set
    22  forth in this chapter and provided further  that  such  regulations  are
    23  consistent  with  the  compliance  requirements  of  applicable  fishery
    24  management plans adopted by the Atlantic States Marine Fisheries Commis-
    25  sion and with applicable provisions of fishery management plans  adopted
    26  pursuant  to  the  Federal  Fishery  Conservation and Management Act (16
    27  U.S.C. §1800 et seq.).
    28    § 2. This act shall take effect on July 1, 2014.