Tuesday, September 6, 2011

AB 376 Amendments

AB 376, California's shark fin bill, was amended with AB 853, the text of which is available online (posted below for your convenience):
LEGISLATIVE COUNSEL'S DIGEST

AB 853, as amended, Fong
Sharks.

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 would create exemptions from a shark fin prohibition
proposed by AB 376. The bill would require 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 would become operative only if
AB 376 is enacted and takes effect on or before January 1, 2012.

Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 2021.5 is added to the
Fish and Game Code , to read:

2021.5. (a) Notwithstanding Section 2021, all of the following
provisions apply:

(1) Any person who holds a license or permit issued by the
department to take or land sharks for recreational or commercial
purposes may possess, including for purposes of consumption or
taxidermy, or may donate to a person licensed or permitted pursuant
to Section 1002, a shark fin or fins consistent with that license or
permit.

(2) Before July 1, 2013, any person may possess, sell, offer for
sale, trade, or distribute a shark fin possessed by that person, as
of January 1, 2012.

(3) Nothing in Section 2021 prohibits the sale or possession of a
shark carcass, skin, or fin for taxidermy purposes pursuant to
Section 3087.

(b) (1) The Ocean Protection Council shall 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 defined in Section 35550 of the Public
Resources Code, and adopted by the Ocean Protection Council pursuant
to Section 35617 of the Public Resources Code, including chain of
custody standards.

(2) A report to be submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.

SEC. 2. This act shall become operative only if
Assembly Bill 376 of the 2011-12 Regular Session is enacted and takes
effect on or before January 1, 2012. All matter omitted in
this version of the bill appears in the bill as amended in the
Senate, August 16, 2011. (JR11)

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