FINAL BILL REPORT

SSB 5688

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

C 324 L 11

Synopsis as Enacted

Brief Description: Concerning shark finning activities.

Sponsors: Senate Committee on Natural Resources & Marine Waters (originally sponsored by Senators Ranker, Swecker, Rockefeller, Litzow, Shin and Kline).

Senate Committee on Natural Resources & Marine Waters

House Committee on Agriculture & Natural Resources

Background: Shark Finning Defined. The National Oceanic and Atmospheric Administration explains shark finning as the practice of cutting off a shark's fins and returning the remainder of the shark to the water.

Current Shark Fining Prohibitions. Currently, rules of the Department of Fish and Wildlife (DFW) make it illegal to fin a shark in state waters. A commercial fisher must retain the entire shark in order to retain a fin. Once a shark has been delivered to a dealer and the sale recorded on a fish ticket, the shark fin may be dealt with separately from the carcass.

The practice of shark finning is also prohibited under federal law.

Summary: Creates the Crime of Unlawful Trade in Shark Fins. A person is guilty of unlawful shark trade in the second degree if that person (1) offers to or does buy, sell, or otherwise exchange a shark fin or derivative product for commercial purposes; or (2) prepares or processes a shark fin or derivative product for human or animal consumption for commercial purposes. A violation constitutes a gross misdemeanor, and triggers suspension of commercial fishing privileges for one year.

A person is guilty of a violation in the first degree if the violation (1) involves shark fins or a derivative product worth more than $250; (2) is committed with knowledge the shark was illegally caught; or (3) is committed within five years of a conviction of this or other specified fish and wildlife crimes. A violation constitutes a class C felony, and triggers suspension of commercial fishing privileges for one year.

Provides Certain Exemptions. A person may conduct scientific or educational activities under a DFW permit without being liable for unlawful trade in shark fins. Additionally a person may exchange, prepare, or process for commercial purposes shark fins or derivative products lawfully caught or acquired before the act takes effect.

An intent section is included, and terms are defined.

Votes on Final Passage:

Senate

47

0

House

95

1

(House amended)

Senate

47

0

(Senate concurred)

Effective:

July 22, 2011.