BILL ANALYSIS Ó
AB 853
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CONCURRENCE IN SENATE AMENDMENTS
AB 853 (Fong and Huffman)
As Amended September 2, 2011
Majority vote
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|ASSEMBLY: | |(May 5, 2011) |SENATE: |28-8 |(September 6, |
| | | | | |2011) |
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(vote not relevant)
Original Committee Reference: HIGHER ED.
SUMMARY : Provides exemptions to the prohibition on possession
of shark fins proposed by AB 376 (Fong) of the 2011-12 Regular
Session.
The Senate amendments delete the Assembly version of this bill,
and instead:
1)Permit any person who holds a license or permit to take or
land sharks for recreational or commercial purposes to
possess, for purposes of consumption or taxidermy, a shark fin
or fins consistent with that license or permit. Authorize
such persons to also donate the fin or fins to a person with a
license or permit to take or possess animals for scientific,
educational or propagation purposes.
2)Authorize any person until January 1, 2013, to possess, sell,
offer for sale, trade or distribute a shark fin possessed by
that person as of January 1, 2012.
3)Clarify that nothing in the operative language of AB 376
(Fong) prohibits the sale or possession of a shark carcass,
skin or fin for taxidermy purposes, pursuant to existing fish
and game laws governing taxidermy.
4)Require the Ocean Protection Council (OPC) to submit an annual
report to the Legislature listing any shark species that has
been independently certified to meet internationally accepted
standards for sustainable seafood.
5)Provide that this bill shall become operative only if AB 376
(Fong) of the 2011-12 Regular Session is enacted and takes
effect on or before January 1, 2012.
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EXISTING LAW :
1)Makes it unlawful to sell, purchase, deliver for 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.
AS PASSED BY THE ASSEMBLY , this bill conformed to federal law
nonresident tuition exemptions for members of the United States
Armed Services and their dependents, as defined, who are
enrolled at a California public postsecondary education
institution.
FISCAL EFFECT : Unknown. This bill as amended was not heard in
fiscal committee, however, according to both the Assembly and
Senate Appropriations Committees, the companion bill, AB 376,
could result in minor unknown costs, potentially in the tens of
thousands of dollars per year, for enforcement (Special Funds,
Fish and Game Preservation Fund).
COMMENTS : This bill creates exemptions from a shark fin
prohibition proposed by AB 376 (Fong), and requires the OPC to
submit an annual report to the Legislature that lists any shark
species that have been independently certified to meet
internationally accepted standards for sustainable seafood. The
provisions of this bill become operative only if AB 376 is
enacted and takes effect on or before January 1, 2012. AB 376
passed the Senate on September 6, 2011, and is pending
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enrollment and the Governor's action. AB 376 makes it unlawful,
subject to certain exceptions, for any person to possess, sell
or trade a shark fin. It also 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.
AB 376 seeks to ban the sale and trade of shark fins due to the
importance of sharks, as top marine predators, to the health,
balance and biodiversity of the ocean ecosystem. According to
National Oceanic and Atmospheric Administration (NOAA)
Fisheries, most sharks are vulnerable to overfishing because
they are long-lived, take many years to mature and only have a
few young at a time. NOAA indicates that since the mid-1980s a
number of shark populations in the United States have declined,
primarily due to overfishing. According to officials at the
Monterey Bay Aquarium, over a third of shark species worldwide
are currently threatened with extinction. Demand for shark fin
is largely believed to be the primary driver behind overfishing
of sharks and recent shark population declines. According to a
recent article in the New York Times, up to 73 million sharks
are killed annually for their fins, primarily to make shark fin
soup.
This bill provides exceptions to the ban on possession and trade
of shark fins as proposed in AB 376. Specifically, this bill
allows persons who hold a license or permit to take sharks for
recreational or commercial purposes to possess the shark fin for
the purposes of consumption or taxidermy, or to donate the fin
for scientific or educational purposes; permit the sale or
possession of shark fins for taxidermy purposes conducted
pursuant to existing law; and, authorize any person until
January 1, 2013, to possess or sell shark fins which that person
possessed as of January 1, 2012.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0002764
AB 853
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