BILL REQ. #:  S-1783.1 

READ FIRST TIME 02/21/11.   

     AN ACT Relating to shark finning activities; adding a new section to chapter 77.15 RCW; creating a new section; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds and declares the following:
     (1) The practice of shark finning, where a shark is caught, its fins are sliced off while it is still alive, and the animal returned to the sea severely and almost always fatally wounded, constitutes a serious threat to Washington's coastal ecosystem and biodiversity. Sharks are particularly susceptible to overfishing because they only reach sexual maturity between seven to twelve years of age and hatch or birth small litters. The destruction of the population of sharks, which reside at the top of the marine food chain, is an urgent problem that upsets the balance of species in the ocean ecosystem.
     (2) Shark finning condemns millions of sharks every year to slow, painful deaths. Returned to the water without their fins, the maimed sharks are attacked by other predators or drown, because most shark species must swim in order to push water through their gills. Shark finning is therefore a cruel practice contrary to the good morals of the citizens of the state of Washington.
     (3) The market for shark fins drives the brutal practice of shark finning. Shark finning and trade in shark fins and shark fin derivative products are occurring all along the Pacific Coast, including the state of Washington.
     (4) The consumption of shark fins and shark fin derivative products by humans may cause serious health risks, including risks from mercury.

NEW SECTION.  Sec. 2   A new section is added to chapter 77.15 RCW to read as follows:
     (1) A person is guilty of unlawful trade in shark fins in the second degree if:
     (a) The person sells, offers for sale, purchases, offers to purchase, or otherwise exchanges a shark fin or shark fin derivative product for commercial purposes; or
     (b) The person prepares or processes a shark fin or shark fin derivative product for human or animal consumption for commercial purposes.
     (2) A person is guilty of unlawful trade in shark fins in the first degree if:
     (a) The person commits the act described by subsection (1) of this section and the violation involves shark fins or a shark fin derivative product with a total market value of two hundred fifty dollars or more;
     (b) The person commits the act described by subsection (1) of this section and acted with knowledge that the shark fin or shark fin derivative product was taken from a shark in a closed area, at a closed time, or by a person not licensed to take a shark; or
     (c) The person commits the act described by subsection (1) of this section and the violation occurs within five years of entry of a prior conviction under this section or a prior conviction for any other gross misdemeanor or felony under this title involving fish, other than a recreational fishing violation.
     (3)(a) Unlawful trade in shark fins in the second degree is a gross misdemeanor. Upon conviction, the department shall suspend all commercial fishing privileges requiring a license under this title for a period of one year.
     (b) Unlawful trade in shark fins in the first degree is a class C felony. Upon conviction, the department shall suspend all commercial fishing privileges requiring a license under this title for a period of one year.
     (4) Notwithstanding subsections (1) through (3) of this section, any person who obtains a license or permit issued by the department to take or possess sharks or shark parts for bona fide research or educational purposes, and who sells, offers for sale, purchases, offers to purchase, or otherwise trades a shark fin or shark fin derivative product, exclusively for bona fide research or educational purposes, shall not be held liable under or subject to the penalties of this section.
     (5) Notwithstanding subsections (1) through (3) of this section, prior to August 1, 2012, nothing in this section prohibits the sale, offer for sale, purchase, offer to purchase, or other exchange of shark fins or shark fin derivative products for commercial purposes, or preparation or processing of shark fins or shark fin derivative products for purposes of human or animal consumption for commercial purposes, if the shark fins or shark fin derivative products were lawfully taken or lawfully acquired prior to the effective date of this section.
     (6) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Shark fin" means a raw, dried, or otherwise processed detached fin, or raw, dried, or otherwise processed detached tail of a shark.
     (b) "Shark fin derivative product" means any product intended for use by humans or animals that is derived in whole or in part from shark fins or shark fin cartilage, but does not include a United States food and drug administration-approved drug available by prescription only or a United States food and drug administration-approved medical device or vaccine.