BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 376|
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                                 THIRD READING


          Bill No:  AB 376
          Author:   Fong (D) and Huffman (D), et al.
          Amended:  5/19/11 in Assembly
          Vote:     21

           
           SENATE NATURAL RESOURCES & WATER COMM.  :  7-0, 6/28/11
          AYES:  Pavley, La Malfa, Evans, Kehoe, Padilla, Simitian, 
            Wolk
          NO VOTE RECORDED:  Cannella, Fuller

           SENATE APPROPRIATIONS COMMITTEE  :  5-2, 8/25/11
          AYES:  Kehoe, Alquist, Pavley, Price, Steinberg
          NOES:  Walters, Lieu
          NO VOTE RECORDED:  Emmerson, Runner

           ASSEMBLY FLOOR  :  65-8, 5/23/11 - See last page for vote


           SUBJECT  :    Shark fins

           SOURCE  :     Asian Pacific American Ocean Harmony Alliance 
                      Monterey Bay Aquarium


           DIGEST  :    This bill makes it unlawful for any person to 
          possess, sell or trade a shark fin.

           ANALYSIS  :    

           Existing Law  : 

          1. Makes it unlawful to sell, purchase, deliver for 
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             commercial purposes, or possess on any commercial 
             fishing vessel any shark fin or shark tail or portion 
             thereof that has been removed from the carcass, with the 
             exception of thresher shark tails and fins whose 
             original shape remains unaltered, which may be possessed 
             on a registered commercial fishing vessel if the 
             corresponding carcass is in possession for each fin and 
             tail.

          2. Authorizes certain species of sharks to be taken or 
             landed with a recreational or commercial fishing 
             license, subject to specified take limits and gear 
             restrictions.  The taking of any white shark for 
             recreational or commercial purposes is prohibited.

          3. Prohibits the deterioration or waste of fish taken in 
             state waters.

          4. Federal law also bans the practice of shark finning in 
             federal waters.

          This bill:

          1. Makes it unlawful for any person to possess, sell, offer 
             for sale, trade or distribute a shark fin. 

          2. Provides an exception to the prohibition on possession 
             of shark fins for any person who holds a permit to 
             possess a shark fin for scientific purposes, and for any 
             person who holds a license or permit to take sharks for 
             recreational or commercial purposes and possesses a 
             shark fin consistent with that license or permit. 

          3. Defines a shark fin as a raw, dried or otherwise 
             processed detached fin or tail of a shark. 

          4. Makes legislative findings and declarations regarding 
             the importance of sharks for the ocean ecosystem, and 
             the impacts of the practice and market demand for shark 
             finning. 

          5. Allows any restaurant, before January 1, 2013, to 
             possess, sell, offer for sale, trade, or distribute a 
             shark fin possessed by that restaurant as of January 1, 







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             2012, that is prepared for consumption.

           Background
           
          Section 7704 of the Fish and Game Code prohibits the sale, 
          purchase, commercial delivery, or possession on a 
          commercial vessel of any shark fin that has been removed 
          from the carcass.  Fins of the thresher shark may be 
          removed and possessed on a commercial fishing vessel so 
          long as the fins are unaltered and the corresponding 
          carcass is in possession.  

          Several other sections of the Fish and Game Code put 
          restrictions on the commercial taking of shark including a 
          prohibition of the taking of any white shark and a 
          prohibition on taking of shark and swordfish with a drift 
          gill net without an appropriate permit.  Furthermore, Fish 
          and Game regulations establish recreational take 
          restrictions for a number of specific shark species 
          including Leopard, soupfin, mako, thresher, and blue shark.

          Federal law regulates the shark fishery under the 
          Magnuson-Stevens Fishery Conservation and Management Act.  
          This act has been amended, including by the Shark 
          Conservation Act of 2010, to prohibit the landing of sharks 
          without their fins attached.  Federal law also prohibits 
          shark finning.  Shark finning, as described by the National 
          Marine Fisheries Service of the National Oceanic and 
          Atmospheric Administration (NOAA Fisheries) in its 2009 
          annual Shark Finning Report to Congress, is the "practice 
          of taking a shark, removing a fin or fins (whether or not 
          including the tail), and returning the remainder of the 
          shark to the sea.  Because the meat of the shark is usually 
          of low value, the finless sharks are thrown back into the 
          sea and subsequently die."  Since sharks need to 
          continuously swim to breath, the finned shark either 
          suffocates to death or is preyed upon.

           Comments
           
          Recently, Washington, Hawaii, Guam, and the Commonwealth of 
          Northern Mariana Islands enacted legislation to eliminate 
          the shark fin trade within their territorial boundaries.  
          The Oregon Legislature has passed legislation that would 







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          establish a shark fin ban.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  Yes

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

             Major Provisions                2011-12     2012-13    
             2013-14               Fund  

            Enforcement         Unknown costs, potentially in 
            theSpecial*                   tens of thousands per 
            year

            * Fish and Game Preservation Fund
           
           SUPPORT  :   (Verified  8/25/11)

          Asian Pacific American Ocean Harmony Alliance (c0-source)
          Monterey Bay Aquarium (co-source)
          7th Generation Advisors
          Action for Animals
          Animal Place
          Aquarium of the Bay
          Asian Americans for Community Involvement
          Asian and Pacific Islanders California Action Network
          Betty Yee, Member, State Board of Equalization
          Born Free USA
          Cal Coast
          California Academy of Science
          California Association of Zoos and Aquariums
          California Coastal Commission
          California Coastkeeper Alliance
          California League of Conservation Voters
          California Travel Association
          COARE
          Coastside Fishing Club
          County of Santa Cruz Board of Supervisor
          Defenders of Wildlife
          Environment California
          Environmental Defense Fund
          Food Empowerment Project







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          Green Chamber of Commerce
          Heal the Bay
          Jim Toomey - Sherman's Lagoon
          Natural Resources Defense Council
          Ocean Conservancy
          Oceana
          Orange County Baykeepers
          Orange County Coastkeeper
          Pacific Environment
          PawPAC
          Planning and Conservation League
          Reef Check
          San Francisco Baykeeper
          SeaStewards
          Shark Savers
          Sierra Club California
          Society for the Prevention of Cruelty to Animals Los 
          Angeles
          Society for the Prevention of Cruelty to Animals Santa Cruz
          The Bay Institute
          The Body Glove
          The Humane Society of the United States
          The Nature Conservancy
          The Sportfishing Conservancy
          United Anglers
          United Anglers of Southern California
          WildAid
          Wildcoast

           OPPOSITION  :    (Verified  8/25/11)

          Asian Food Trade Association
          Asian Nutrition and Health Association
          Chung Chou City, Inc.
          National Chinese Welfare Council of Los Angeles County
          Oriental Food Association
          Stockton Seafood Center, Inc.

           ARGUMENTS IN SUPPORT  :    A coalition of primarily 
          environmental organizations including the Monterey Bay 
          Aquarium, Defenders of Wildlife, and the United Angles of 
          Southern California, state in support of the bill, "Sharks 
          are in serious trouble as a result of the international 
          shark fin trade, with some populations declined by 99%.  







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          The demand for high-value shark fin (as opposed to other 
          low-value shark products) continues to drive the decimation 
          of sharks.  Sharks are critical apex predators that keep 
          our ecosystems working.  Banning the shark fin trade is the 
          only way to save sharks- fin trade bans just like AB 376 
          have been enacted or are poised to be enacted in other US 
          states and in countries around the world.  Our regulations 
          cannot deter actors in international waters, but ending the 
          fin trade here can."

           ARGUMENTS IN OPPOSITION  :    The Asian Food Trade 
          Association opposes this bill because they believe that if 
          the shark fin is to be banned, then shark meat and all 
          shark-related commercial products should also be banned.  
          Otherwise, the bill unfairly targets the Chinese and Asian 
          eating habits.


           ASSEMBLY FLOOR  
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Campos, Carter, Cedillo, 
            Chesbro, Davis, Dickinson, Feuer, Fletcher, Fong, 
            Furutani, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, 
            Halderman, Hayashi, Roger Hernández, Hill, Huber, Hueso, 
            Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie 
            Lowenthal, Mendoza, Miller, Mitchell, Monning, Morrell, 
            Nestande, Norby, Pan, Perea, V. Manuel Pérez, Portantino, 
            Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, 
            Wagner, Wieckowski, Williams, Yamada, John A. Pérez
          NOES:  Donnelly, Eng, Fuentes, Hagman, Harkey, Ma, Mansoor, 
            Nielsen
          NO VOTE RECORDED:  Charles Calderon, Conway, Cook, Gorell, 
            Grove, Hall, Olsen


          CTW:do  8/29/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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