NY State Assembly Bill 2011-A7707

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2012	referred to rules delivered to senate passed assembly ordered to third reading rules cal.448 rules report cal.448 reported
Jun 19, 2012	reported referred to rules
Jun 15, 2012	print number 7707c
Jun 15, 2012	amend and recommit to codes
Jun 13, 2012	reported referred to codes
Jun 11, 2012	print number 7707b
Jun 11, 2012	amend and recommit to environmental conservation
Feb 22, 2012	print number 7707a
Feb 22, 2012	amend (t) and recommit to environmental conservation
Jan 04, 2012	referred to environmental conservation
May 16, 2011	referred to environmental conservation

Bill Amendments

Original

C (Active)

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multi-Sponsors

2011-A7707 - Details

Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§13-0338, 13-0339, 71-0923 & 71-0925 add §13-0338-a, En Con L
Versions Introduced in 2013-2014 Legislative Session:: A1769

2011-A7707 - Summary

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

2011-A7707 - Bill Text download pdf

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

                                  7707

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 16, 2011
                               ___________

Introduced by M. of A. MAISEL -- read once and referred to the Committee
  on Environmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  prohibiting the possession, sale, offering for sale or distribution of
  shark fins

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 13-0338 of the environmental conservation law, as
added by chapter 231 of the laws of 1992, paragraph a of  subdivision  1
as  amended by chapter 308 of the laws of 1999, subdivision 4 as amended
by chapter 141 of the laws of 2007, is amended to read as follows:
S 13-0338. Sharks; finning prohibited.
  1. For purposes of this section:
  a. "Shark" means any species of the order Squaliformes except  species
in the suborder Batoidea, and
  b.  "Finning"  means  the removal of a fin, other than the caudal fin,
from a shark and not retaining the remainder of the shark's carcass.
  C. "SHARK FIN" MEANS THE RAW, DRIED OR  OTHERWISE  PROCESSED  DETACHED
FIN, OR THE RAW, DRIED OR OTHERWISE PROCESSED DETACHED TAIL OF A SHARK.
  2.  No  person shall engage in finning on the waters of the marine and
coastal district.
  3. No person shall possess  shark  fins  in  the  marine  and  coastal
district  unless  the  proper proportion of species, number, and size of
shark carcasses is also possessed.
  4. EXCEPT AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION, NO  PERSON
SHALL POSSESS, SELL, OFFER FOR SALE OR DISTRIBUTE A SHARK FIN.
  5.  The  department  may[,  until  December thirty-first, two thousand
eleven,] 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  and  eligibility   therefor,   recordkeeping

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11481-01-1

A. 7707                             2

requirements,  requirements on the amount and type of fishing effort and
gear, and requirements relating to transportation, possession and  sale,
provided that such regulations are no less restrictive than requirements
set forth in this chapter and provided further that such regulations are
consistent  with  the  compliance  requirements  of  applicable  fishery
management plans adopted by the Atlantic States Marine Fisheries Commis-
sion and with applicable provisions of fishery management plans  adopted
pursuant  to  the  Federal  Fishery  Conservation and Management Act (16
U.S.C. S1800 et seq.).
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

co-Sponsors

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multi-Sponsors

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2011-A7707A - Details

Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§13-0338, 13-0339, 71-0923 & 71-0925 add §13-0338-a, En Con L
Versions Introduced in 2013-2014 Legislative Session:: A1769

2011-A7707A - Summary

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

2011-A7707A - Bill Text download pdf

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

                                 7707--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 16, 2011
                               ___________

Introduced  by M. of A. MAISEL, P. RIVERA, ROSENTHAL, LAVINE, ROBERTS --
  Multi-Sponsored by -- M. of  A.  BOYLAND,  REILLY  --  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

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:

  Section  1.  Section 13-0338 of the environmental conservation law, as
added by chapter 231 of the laws of 1992, paragraph a of  subdivision  1
as  amended by chapter 308 of the laws of 1999, subdivision 4 as amended
by chapter 428 of the laws of 2011, is amended to read as follows:
S 13-0338. Sharks; finning prohibited.
  1. For purposes of this section:
  a. "Shark" means any species of the [order Squaliformes except species
in the suborder Batoidea, and] SUBCLASS ELASMOBRANCHII;
  b. "Finning" means the removal of a fin[, other than the caudal  fin,]
from  a shark and not retaining the remainder of the shark's carcass[.];
AND
  C. "SHARK FIN" MEANS THE RAW, DRIED OR  OTHERWISE  PROCESSED  DETACHED
FIN, OR THE RAW, DRIED OR OTHERWISE PROCESSED DETACHED TAIL, OF A SHARK.
  2.  No  person shall engage in finning on the waters of the marine and
coastal district.
  3. [No person shall possess shark  fins  in  the  marine  and  coastal
district  unless  the  proper proportion of species, number, and size of
shark carcasses is also possessed.]  EXCEPT  AS  OTHERWISE  PROVIDED  IN
SUBDIVISION  FOUR  OF THIS SECTION, NO PERSON SHALL POSSESS, SELL, OFFER
FOR SALE, TRADE OR DISTRIBUTE A SHARK FIN.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11481-02-2

A. 7707--A                          2

  4. THE DEPARTMENT MAY ISSUE PERMITS FOR THE POSSESSION OF A SHARK  FIN
FOR BONA FIDE SCIENTIFIC RESEARCH OR EDUCATIONAL PURPOSES.
  5. The department may, until December thirty-first, two thousand thir-
teen, 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, require-
ments for permits and eligibility therefor, recordkeeping  requirements,
requirements  on  the  amount  and  type of fishing effort and gear, and
requirements relating to transportation, possession and  sale,  provided
that  such  regulations  are  no  less restrictive than requirements set
forth in this chapter and provided further  that  such  regulations  are
consistent  with  the  compliance  requirements  of  applicable  fishery
management plans adopted by the Atlantic States Marine Fisheries Commis-
sion and with applicable provisions of fishery management plans  adopted
pursuant  to  the  Federal  Fishery  Conservation and Management Act (16
U.S.C. S1800 et seq.).
  S 2. This act shall take effect July 1, 2013.

co-Sponsors

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multi-Sponsors

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2011-A7707B - Details

Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§13-0338, 13-0339, 71-0923 & 71-0925 add §13-0338-a, En Con L
Versions Introduced in 2013-2014 Legislative Session:: A1769

2011-A7707B - Summary

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

2011-A7707B - Bill Text download pdf

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

                                 7707--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              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

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:

  Section 1. Section 13-0338 of the environmental conservation  law,  as
added  by  chapter 231 of the laws of 1992, paragraph a of subdivision 1
as amended by chapter 308 of the laws  of  1999  and  subdivision  4  as
amended  by  chapter  428  of  the  laws  of 2011, is amended to read as
follows:
S 13-0338. Sharks; finning prohibited.
  1. For purposes of this section:
  a. "Shark" means any species of the [order Squaliformes except species
in the suborder Batoidea, and] SUBCLASS ELASMOBRANCHII EXCEPT SPECIES IN
THE SUPER ORDER BATOIDEA;
  b. "Finning" means the removal of a fin[, other than the caudal  fin,]
from  a shark and not retaining the remainder of the shark's carcass[.];
AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11481-07-2

A. 7707--B                          2

  C. "SHARK FIN" MEANS THE RAW, DRIED OR  OTHERWISE  PROCESSED  DETACHED
FIN INCLUDING THE TAIL.
  2.  No  person shall engage in finning on the waters of the marine and
coastal district.
  3. [No person shall possess shark  fins  in  the  marine  and  coastal
district  unless  the  proper proportion of species, number, and size of
shark carcasses is also possessed.
  4. The department may, until December thirty-first, two thousand thir-
teen, 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, require-
ments  for permits and eligibility therefor, recordkeeping requirements,
requirements on the amount and type of  fishing  effort  and  gear,  and
requirements  relating  to transportation, possession and sale, provided
that such regulations are no  less  restrictive  than  requirements  set
forth  in  this  chapter  and provided further that such regulations are
consistent  with  the  compliance  requirements  of  applicable  fishery
management plans adopted by the Atlantic States Marine Fisheries Commis-
sion  and with applicable provisions of fishery management plans adopted
pursuant to the Federal Fishery  Conservation  and  Management  Act  (16
U.S.C.  S1800  et seq.).] NO PERSON SHALL POSSESS, SELL, OFFER FOR SALE,
TRADE OR DISTRIBUTE A SHARK FIN PROVIDED; HOWEVER, THAT THIS PROHIBITION
SHALL NOT APPLY TO ANY LEGALLY TAKEN SHARK FIN THAT MEETS THE  FOLLOWING
CRITERIA:
  A.  WAS  TAKEN  FROM  A  SPINY DOGFISH (SQUALUS ACANTHIAS) CAUGHT BY A
LICENSED COMMERCIAL FISHERMAN; OR
  B. WAS TAKEN FROM A SHARK CAUGHT BY A RECREATIONAL FISHERMAN  WHO  HAS
COMPLIED WITH THE RECREATIONAL MARINE FISHING REGISTRATION REQUIREMENTS.
  S  2.    The environmental conservation law is amended by adding a new
section 13-0338-a to read as follows:
S 13-0338-A. SHARKS; DEPARTMENT AUTHORITY.
  1.  FOR PURPOSES OF THIS SECTION, "SHARK" MEANS  ANY  SPECIES  OF  THE
ORDER SQUALIFORMES EXCEPT SPECIES IN THE SUPERORDER BATOIDEA.
  2.    THE  DEPARTMENT  MAY,  UNTIL DECEMBER THIRTY-FIRST, TWO THOUSAND
THIRTEEN, 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  AND  ELIGIBILITY   THEREFOR,   RECORDKEEPING
REQUIREMENTS,  REQUIREMENTS ON THE AMOUNT AND TYPE OF FISHING EFFORT AND
GEAR, AND REQUIREMENTS RELATING TO TRANSPORTATION, POSSESSION AND  SALE,
PROVIDED THAT SUCH REGULATIONS ARE NO LESS RESTRICTIVE THAN REQUIREMENTS
SET FORTH IN THIS CHAPTER AND PROVIDED FURTHER THAT SUCH REGULATIONS ARE
CONSISTENT  WITH  THE  COMPLIANCE  REQUIREMENTS  OF  APPLICABLE  FISHERY
MANAGEMENT PLANS ADOPTED BY THE ATLANTIC STATES MARINE FISHERIES COMMIS-
SION AND WITH APPLICABLE PROVISIONS OF FISHERY MANAGEMENT PLANS  ADOPTED
PURSUANT  TO  THE  FEDERAL  FISHERY  CONSERVATION AND MANAGEMENT ACT (16
U.S.C. S1800 ET SEQ.).
  S 3. Paragraphs a and b of subdivision 1 of  section  13-0339  of  the
environmental conservation law, as amended by chapter 156 of the laws of
2003, are amended to read as follows:
  a.  The taking of fish with nets in the marine and coastal district is
governed by sections 13-0333, 13-0335,  13-0341,  13-0343,  13-0347  and
11-1521,  and regulations adopted pursuant to sections 11-0303, 11-1303,
[13-0338]   13-0338-A,   13-0339-a,   13-0340,   13-0340-a,   13-0340-b,
13-0340-c,  13-0340-d,  13-0340-e, 13-0340-f and 13-0340-g of this chap-
ter. The taking of fish by  other  means,  in  the  marine  and  coastal

A. 7707--B                          3

district, is governed by title 13 of article 11 of the Fish and Wildlife
Law,  subject  to  restrictions in section 13-0343 as to certain waters,
and to provisions  of  sections  13-0347  and  11-1521  and  regulations
adopted  pursuant  to section 11-0303 of this chapter as to striped bass
and  sections  13-0338,  13-0339-a,   13-0340,   13-0340-a,   13-0340-b,
13-0340-c,  13-0340-d,  13-0340-e,  13-0340-f  and 13-0340-g as to other
species of marine fish. The taking, and sale  or  taking  for  sale,  of
certain bait fish are governed by section 11-1315 of this chapter.
  b.  Open  seasons, minimum size limits and catch limits for fish other
than the marine species named in subdivisions 2 and 3  of  this  section
are  specified  by  regulations  adopted  pursuant  to sections 11-0303,
11-1303, [13-0338] 13-0338-A, 13-0339-a, 13-0340, 13-0340-a,  13-0340-b,
13-0340-c,  13-0340-d,  13-0340-e, 13-0340-f and 13-0340-g of this chap-
ter. All shortnose sturgeon irrespective of size and all Atlantic  stur-
geon under the size limits prescribed by regulations adopted pursuant to
section  11-1303 of this chapter taken in gill nets shall be immediately
returned to the water without unnecessary injury. Other  fish  named  by
regulations  adopted  pursuant  to  sections  11-0303, 11-1303, 13-0338,
13-0339-a,  13-0340,   13-0340-a,   13-0340-b,   13-0340-c,   13-0340-d,
13-0340-e,  13-0340-f  and  13-0340-g of this chapter and under the size
limits prescribed in such regulations, shall  not  be  bought,  sold  or
trafficked in.
  S  4. The opening paragraph of subdivision 8 of section 71-0923 of the
environmental conservation law, as amended by chapter 284 of the laws of
2004, is amended to read as follows:
  8. Any violation  of  sections  13-0329,  13-0330,  13-0331,  13-0333,
13-0334,   13-0335,   subdivision   one  of  section  13-0337,  13-0338,
13-0338-A, 13-0339, 13-0339-a,  13-0340,  13-0340-a  through  13-0340-g,
13-0341,  13-0342,  13-0343, 13-0347, and 13-0349 of this chapter, or of
any regulation adopted pursuant to  the  foregoing  sections,  shall  be
punishable by imprisonment of not more than fifteen days or by a fine of
the greater of two hundred fifty dollars or:
  S  5. The opening paragraph of subdivision 7 of section 71-0925 of the
environmental conservation law, as amended by chapter 284 of the laws of
2004, is amended to read as follows:
  7. If the violation was a  violation  of  sections  13-0329,  13-0330,
13-0331,  13-0333, 13-0334, 13-0335, subdivision one of section 13-0337,
13-0338,  13-0338-A,  13-0339,  13-0339-a,  13-0340,  13-0340-a  through
13-0340-g, 13-0341, 13-0342, 13-0343, 13-0347, and 13-0349 of this chap-
ter,  or  of  any regulation adopted pursuant to the foregoing sections,
the greater of two hundred fifty dollars or:
  S 6.  This act shall take effect July 1, 2013.

co-Sponsors

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multi-Sponsors

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2011-A7707C (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§13-0338, 13-0339, 71-0923 & 71-0925 add §13-0338-a, En Con L
Versions Introduced in 2013-2014 Legislative Session:: A1769

2011-A7707C (ACTIVE) - Summary

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

2011-A7707C (ACTIVE) - Bill Text download pdf

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

                                 7707--C

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              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:

  Section 1. Section 13-0338 of the environmental conservation  law,  as
added  by  chapter 231 of the laws of 1992, paragraph a of subdivision 1
as amended by chapter 308 of the laws  of  1999  and  subdivision  4  as
amended  by  chapter  428  of  the  laws  of 2011, is amended to read as
follows:
S 13-0338. Sharks; finning prohibited.
  1. For purposes of this section:
  a. "Shark" means any species of the [order Squaliformes except species
in the suborder Batoidea, and] SUBCLASS ELASMOBRANCHII EXCEPT SPECIES IN
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

  b. "Finning" means the removal of a fin[, other than the caudal  fin,]
from  a shark and not retaining the remainder of the shark's carcass[.];
AND
  C.  "SHARK  FIN"  MEANS THE RAW, DRIED OR OTHERWISE PROCESSED DETACHED
FIN INCLUDING THE TAIL.
  2. No person shall engage in finning on the waters of the  marine  and
coastal district.
  3.  [No  person  shall  possess  shark  fins in the marine and coastal
district unless the proper proportion of species, number,  and  size  of
shark carcasses is also possessed.
  4. The department may, until December thirty-first, two thousand thir-
teen, 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, require-
ments for permits and eligibility therefor, recordkeeping  requirements,
requirements  on  the  amount  and  type of fishing effort and gear, and
requirements relating to transportation, possession and  sale,  provided
that  such  regulations  are  no  less restrictive than requirements set
forth in this chapter and provided further  that  such  regulations  are
consistent  with  the  compliance  requirements  of  applicable  fishery
management plans adopted by the Atlantic States Marine Fisheries Commis-
sion and with applicable provisions of fishery management plans  adopted
pursuant  to  the  Federal  Fishery  Conservation and Management Act (16
U.S.C. S1800 et seq.).] NO PERSON SHALL POSSESS, SELL, OFFER  FOR  SALE,
TRADE OR DISTRIBUTE A SHARK FIN PROVIDED; HOWEVER, THAT THIS PROHIBITION
SHALL  NOT APPLY TO ANY LEGALLY TAKEN SHARK FIN THAT MEETS THE FOLLOWING
CRITERIA:
  A. WAS TAKEN FROM A SPINY DOGFISH  (SQUALUS  ACANTHIAS)  OR  A  SMOOTH
DOGFISH (MUSTELUS CANIS) CAUGHT BY A LICENSED COMMERCIAL FISHERMAN; OR
  B.  WAS  TAKEN FROM A SHARK CAUGHT BY A RECREATIONAL FISHERMAN WHO HAS
COMPLIED WITH THE RECREATIONAL MARINE FISHING REGISTRATION REQUIREMENTS.
  S 2.  The environmental conservation law is amended by  adding  a  new
section 13-0338-a to read as follows:
S 13-0338-A. SHARKS; DEPARTMENT AUTHORITY.
  1.    FOR  PURPOSES  OF THIS SECTION, "SHARK" MEANS ANY SPECIES OF THE
ORDER SQUALIFORMES EXCEPT SPECIES IN THE SUPERORDER BATOIDEA.
  2.   THE DEPARTMENT MAY, UNTIL  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND
THIRTEEN,  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  AND  ELIGIBILITY  THEREFOR,  RECORDKEEPING
REQUIREMENTS, REQUIREMENTS ON THE AMOUNT AND TYPE OF FISHING EFFORT  AND
GEAR,  AND REQUIREMENTS RELATING TO TRANSPORTATION, POSSESSION AND SALE,
PROVIDED THAT SUCH REGULATIONS ARE NO LESS RESTRICTIVE THAN REQUIREMENTS
SET FORTH IN THIS CHAPTER AND PROVIDED FURTHER THAT SUCH REGULATIONS ARE
CONSISTENT  WITH  THE  COMPLIANCE  REQUIREMENTS  OF  APPLICABLE  FISHERY
MANAGEMENT PLANS ADOPTED BY THE ATLANTIC STATES MARINE FISHERIES COMMIS-
SION  AND WITH APPLICABLE PROVISIONS OF FISHERY MANAGEMENT PLANS ADOPTED
PURSUANT TO THE FEDERAL FISHERY  CONSERVATION  AND  MANAGEMENT  ACT  (16
U.S.C. S1800 ET SEQ.).
  S  3.  Paragraphs  a  and b of subdivision 1 of section 13-0339 of the
environmental conservation law, as amended by chapter 156 of the laws of
2003, are amended to read as follows:
  a. The taking of fish with nets in the marine and coastal district  is
governed  by  sections  13-0333,  13-0335, 13-0341, 13-0343, 13-0347 and
11-1521, and regulations adopted pursuant to sections 11-0303,  11-1303,

A. 7707--C                          3

[13-0338]   13-0338-A,   13-0339-a,   13-0340,   13-0340-a,   13-0340-b,
13-0340-c, 13-0340-d, 13-0340-e, 13-0340-f and 13-0340-g of  this  chap-
ter.  The  taking  of  fish  by  other  means, in the marine and coastal
district, is governed by title 13 of article 11 of the Fish and Wildlife
Law,  subject  to  restrictions in section 13-0343 as to certain waters,
and to provisions  of  sections  13-0347  and  11-1521  and  regulations
adopted  pursuant  to section 11-0303 of this chapter as to striped bass
and  sections  13-0338,  13-0339-a,   13-0340,   13-0340-a,   13-0340-b,
13-0340-c,  13-0340-d,  13-0340-e,  13-0340-f  and 13-0340-g as to other
species of marine fish. The taking, and sale  or  taking  for  sale,  of
certain bait fish are governed by section 11-1315 of this chapter.
  b.  Open  seasons, minimum size limits and catch limits for fish other
than the marine species named in subdivisions 2 and 3  of  this  section
are  specified  by  regulations  adopted  pursuant  to sections 11-0303,
11-1303, [13-0338] 13-0338-A, 13-0339-a, 13-0340, 13-0340-a,  13-0340-b,
13-0340-c,  13-0340-d,  13-0340-e, 13-0340-f and 13-0340-g of this chap-
ter. All shortnose sturgeon irrespective of size and all Atlantic  stur-
geon under the size limits prescribed by regulations adopted pursuant to
section  11-1303 of this chapter taken in gill nets shall be immediately
returned to the water without unnecessary injury. Other  fish  named  by
regulations  adopted  pursuant  to  sections  11-0303, 11-1303, 13-0338,
13-0339-a,  13-0340,   13-0340-a,   13-0340-b,   13-0340-c,   13-0340-d,
13-0340-e,  13-0340-f  and  13-0340-g of this chapter and under the size
limits prescribed in such regulations, shall  not  be  bought,  sold  or
trafficked in.
  S  4. The opening paragraph of subdivision 8 of section 71-0923 of the
environmental conservation law, as amended by chapter 284 of the laws of
2004, is amended to read as follows:
  8. Any violation  of  sections  13-0329,  13-0330,  13-0331,  13-0333,
13-0334,   13-0335,   subdivision   one  of  section  13-0337,  13-0338,
13-0338-A, 13-0339, 13-0339-a,  13-0340,  13-0340-a  through  13-0340-g,
13-0341,  13-0342,  13-0343, 13-0347, and 13-0349 of this chapter, or of
any regulation adopted pursuant to  the  foregoing  sections,  shall  be
punishable by imprisonment of not more than fifteen days or by a fine of
the greater of two hundred fifty dollars or:
  S  5. The opening paragraph of subdivision 7 of section 71-0925 of the
environmental conservation law, as amended by chapter 284 of the laws of
2004, is amended to read as follows:
  7. If the violation was a  violation  of  sections  13-0329,  13-0330,
13-0331,  13-0333, 13-0334, 13-0335, subdivision one of section 13-0337,
13-0338,  13-0338-A,  13-0339,  13-0339-a,  13-0340,  13-0340-a  through
13-0340-g, 13-0341, 13-0342, 13-0343, 13-0347, and 13-0349 of this chap-
ter,  or  of  any regulation adopted pursuant to the foregoing sections,
the greater of two hundred fifty dollars or:
  S 6.  This act shall take effect July 1, 2013.

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Assembly Bill A7707

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

multi-Sponsors

2011-A7707 - Details

2011-A7707 - Summary

2011-A7707 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2011-A7707A - Details

2011-A7707A - Summary

2011-A7707A - Bill Text download pdf

co-Sponsors

multi-Sponsors

2011-A7707B - Details

2011-A7707B - Summary

2011-A7707B - Bill Text download pdf

co-Sponsors

multi-Sponsors

2011-A7707C (ACTIVE) - Details

2011-A7707C (ACTIVE) - Summary

2011-A7707C (ACTIVE) - Bill Text download pdf

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Assembly Bill A7707

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Sponsored By

MAISEL

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

Peter Rivera

Linda Rosenthal

Charles Lavine

Sam Roberts

multi-Sponsors

William Boyland

Robert Reilly

2011-A7707 - Details

2011-A7707 - Summary

2011-A7707 - Bill Text download pdf

co-Sponsors

Peter Rivera

Linda Rosenthal

Charles Lavine

Sam Roberts

multi-Sponsors

William Boyland

Edward Braunstein

James F. Brennan

John Ceretto

2011-A7707A - Details

2011-A7707A - Summary

2011-A7707A - Bill Text download pdf

co-Sponsors

Peter Rivera

Linda Rosenthal

Charles Lavine

Sam Roberts

multi-Sponsors

William Boyland

Edward Braunstein

James F. Brennan

John Ceretto

2011-A7707B - Details

2011-A7707B - Summary

2011-A7707B - Bill Text download pdf

co-Sponsors

Peter Rivera

Linda Rosenthal

Charles Lavine

Sam Roberts

multi-Sponsors

William Boyland

Edward Braunstein

James F. Brennan

John Ceretto