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New York

Mckinney's Consolidated Laws of New York Annotated. Environmental Conservation Law. Chapter 43-B. Of the Consolidated Laws. Article 13. Marine and Coastal Resources. Title 3. Marine Fisheries.

Statute Details
Printable Version
Citation: McKinney's E. C. L. 13-0338,

Citation: NY ENVIR CONSER 13-0338


Last Checked by Web Center Staff: 01/2014

Summary:   This New York law prohibits the practice known as "shark finning." The section provides that no person shall possess shark fins in the marine and coastal district unless the requisite shark carcass is also possessed. It defines "finning" as "the removal of a fin, other than the caudal fin, from a shark and not retaining the remainder of the shark's carcass."


Statute in Full:

§ 13-0338. Sharks; finning prohibited

<[Eff. until July 1, 2014.]>

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.

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 fifteen, 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 Commission and with applicable provisions of fishery management plans adopted pursuant to the Federal Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.)1.

Credits

(Added L.1992, c. 231, § 2. Amended L.1999, c. 308, §§ 1, 2, eff. July 20, 1999; L.2003, c. 181, § 1, eff. July 22, 2003; L.2007, c. 141, § 1, eff. July 3, 2007; L.2011, c. 428, § 1, eff. Aug. 17, 2011; L.2013, c. 170, § 1, eff. July 26, 2013.)

 

Footnotes

1 So in original. Probably refers to the Magnuson-Stevens Fishery Conservation and Management Act (FCMA) (16 U.S.C. § 1801 et seq.).


 



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