BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 853|
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                                 THIRD READING


          Bill No:  AB 853
          Author:   Fong (D) and Huffman (D)
          Amended:  9/2/11 in Senate
          Vote:     21

           
          PRIOR VOTES NOT RELEVANT


           SUBJECT  :    Sharks

           SOURCE  :     Monterey Bay Aquarium


           DIGEST  :    This bill creates exemptions from a shark fin 
          prohibition proposed by AB 376 (Fong).  This bill requires 
          the Ocean Protection Council 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, as provided.  The 
          provisions of the bill become operative only if AB 376 is 
          enacted and takes effect on or before January 1, 2012.

           ANALYSIS  :    Existing law makes it unlawful to possess any 
          bird, mammal, fish, reptile, or amphibian, or parts 
          thereof, taken in violation of any of the provisions of the 
          Fish and Game Code, or of any regulation made under it.

          This bill:

          1. Allows sales of existing fin stock which is on-hand 
             prior to January 1, 2012 for all entities until July 1, 
             2013.
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                                                                AB 853
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          2. Clarifies that AB 376 will not interfere with sales 
             related to taxidermy.

          3. Allows licensed fishermen to donate fins to permitted 
             research or medicinal institutions.

          4. Clarifies that licensed fishermen can consume or 
             taxidermy the fin of a shark caught by that fishermen.

          5. Requires the Ocean Protection Council to report annually 
             to the Legislature on whether any shark fisheries have 
             been certified sustainable according to standards 
             adopted by the Ocean Protection Council pursuant to 
             existing law.

          The provisions of the bill become operative only if AB 376 
          is enacted and takes effect on or before January 1, 2012.

           NOTE:  For further information, see background on shark 
                 fins contained in the Senate Floor Analysis of AB 
                 376.

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


          CTW:mw  9/6/11   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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