HB 1548-FN - AS INTRODUCED
2016 SESSION
\t16-2570
\t08/03
HOUSE BILL\t1548-FN
AN ACT\tprohibiting the trade of shark fins.
SPONSORS:\tRep. Booras, Hills. 33
COMMITTEE:\tCommerce and Consumer Affairs
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ANALYSIS
\tThis bill prohibits the trade of shark fins.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2570
\t08/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\tprohibiting the trade of shark fins.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Subdivision; Trade in Shark Fins. Amend RSA 211 by inserting after section 76 the following new subdivision:
Trade in Shark Fins
\t211:77 Trade in Shark Fins Prohibited.
\t\tI. For the purpose of this section:
\t\t\t(a) “Shark” means any species of the subclass Elasmobranchii; and
\t\t\t(b) “Shark fin” means the raw, dried, or otherwise processed detached fin, or the raw, dried, or otherwise processed detached tail, of a shark.
\t\tII. Except as provided in this section, no person shall possess, sell, offer for sale, trade, or distribute a shark fin.
\t\tIII. A person who holds a license or permit to take or land sharks may separate a shark fin from a lawfully landed shark during the ordinary course of preparing the body of the shark for consumption, sale, trade, or distribution; provided, however, that a shark fin so separated from the shark shall be immediately destroyed unless used by the person for the purposes of taxidermy and subsequent display.
\t\tIV. The fish and game department may issue a permit for the possession of a shark fin to a person conducting noncommercial, scientific research.
\t\tV. A shark fin seized by the fish and game department through the enforcement of this section shall be destroyed.
\t211:78 Penalties. Any person who violates the provisions of RSA 211:77 shall be guilty of a class A misdemeanor; provided, however, that each shark fin possessed, sold, offered for sale, traded, or distributed in violation of RSA 211:77 shall constitute a separate offense. A violation of RSA 211:77 by a person holding a commercial or recreational license or permit pursuant to this chapter shall result in the suspension or revocation of such license or permit.
\t2 Severability. If any provision of this act or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this act that can be given effect without implementation of the invalid provision or application, and to this end the provisions of this act are severable.
\t3 Effective Date. This act shall take effect January 1, 2017.
\t\t\t\t\t\t\t\t\t\t\t16-2570
\t\t\t\t\t\t\t\t\t\t\t11/24/15
HB 1548-FN- FISCAL NOTE
AN ACT\tprohibiting the trade of shark fins.
FISCAL IMPACT:
The Fish and Game Department, Judicial Branch, and New Hampshire Association of Counties state this bill, as introduced, may increase state and county expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no impact on state, county, and local revenues or local expenses.
METHODOLOGY:
Fish and Game Department states this bill bans the possession, sale, or trade of shark fins and makes each violation a class A misdemeanor. The Department states it may experience an indeterminable increase in expenditures relative to enforcement activities.
The Judicial Branch states this bill contains a class A misdemeanor. There is no method to determine how many charges would be brought as a result of the new penalty contained in this bill to determine the fiscal impact on expenditures. However, the Branch states the average class A misdemeanor case in the district division of the circuit court will be $70.33 in FY 2017 and $73.73 in FY 2018.
The New Hampshire Association of Counties states this bill could increase expenditures by an indeterminable amount as a result of increased prosecution activity and/or incarceration. The Association is unable to determine how many more individuals would be charged as a result of this bill, however states the average incarceration costs range from $85 to $110 per day.
The Department of Justice and Judicial Council state this bill will have no impact on their revenues or expenditures.