Bill Text: OR HB2838 | 2011 | Regular Session | Engrossed

Oregon House Bill 2838 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Relating to shark fins.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-06-16 - Chapter 371, (2011 Laws): Effective date January 1, 2012. [HB2838 Detail]

Download: Oregon-2011-HB2838-Engrossed.html



     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1739

                           B-Engrossed

                         House Bill 2838
                  Ordered by the Senate May 26
 Including House Amendments dated April 26 and Senate Amendments
                          dated May 26

Sponsored by Representative WITT (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.

  Prohibits person from possessing, selling, offering for sale,
trading or distributing shark fins. Exempts authorized
possession, sale, offering for sale, trading or distribution of
 { - spiny dogfish - }  shark fin { +  from spiny
dogfish + }. { +  Exempts person or fish processor who holds
authorizing permit or license. + }

                        A BILL FOR AN ACT
Relating to shark fins.
  Whereas sharks are one of the top predators in the marine food
chain and play an important role in the ocean's ecosystem; and
  Whereas sharks have characteristics that make them more
vulnerable to overfishing than most fish, and data from state,
federal and international agencies show a decline in shark
populations locally and worldwide; and
  Whereas most sharks, unlike other fish, do not reach sexual
maturity until seven to 12 years of age and then only give birth
to a small litter of young; and
  Whereas shark populations do not recover quickly once they are
overfished; and
  Whereas the practice of shark finning, in which a shark is
caught, the fin is cut off and the shark is returned to the
water, causes tens of millions of sharks to die a slow death each
year; and
  Whereas after a shark's fin is cut off and the shark is
returned to the water some sharks starve to death, others are
slowly eaten by other fish and some drown because most sharks
need to keep moving to force water over their gills to extract
oxygen; and
  Whereas sharks are an essential element of the ocean's
ecosystem, and by reducing the demand for shark fins, Oregon can
help ensure that sharks will not become extinct; now, therefore,
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2011 Act is added to and made
a part of ORS chapter 509. + }
  SECTION 2.  { + (1) As used in this section:
  (a) 'Shark fin' means the raw or dried fin or tail of a shark.
  (b) 'Spiny dogfish' means a shark belonging to the family
Squalidae in the order Squaliformes that has two spines, one
anterior to each dorsal fin, and that does not have an anal fin.
  (2) A person may not possess, sell or offer for sale, trade or
distribute a shark fin in this state.
  (3) This section does not apply to:
  (a) A person who possesses, sells or offers for sale, trades or
distributes a shark fin from a spiny dogfish that was legally
taken or landed under rules adopted by the State Department of
Fish and Wildlife and in accordance with federal regulations;
  (b) A person who holds a license or permit issued by the State
Department of Fish and Wildlife under the commercial fishing laws
to take a shark and who possesses, sells or offers for sale,
trades or distributes a shark fin consistent with the terms of
that license or permit; and
  (c) A fish processor who holds a license under the commercial
fishing laws, who possesses and processes a shark obtained from a
person described in paragraph (a) of this subsection and who
sells or offers for sale, trades or distributes the shark fin
consistent with the terms of the license of that fish
processor. + }
  SECTION 3.  { + Section 4 of this 2011 Act is added to and made
a part of ORS chapter 498. + }
  SECTION 4.  { + (1) As used in this section:
  (a) 'Shark fin' means the raw or dried fin or tail of a shark.
  (b) 'Spiny dogfish' means a shark belonging to the family
Squalidae in the order Squaliformes that has two spines, one
anterior to each dorsal fin, and that does not have an anal fin.
  (2) A person may not possess, sell or offer for sale, trade or
distribute a shark fin in this state.
  (3) This section does not apply to:
  (a) A person who possesses, sells or offers for sale, trades or
distributes a shark fin from a spiny dogfish that was legally
taken or landed under rules adopted by the State Department of
Fish and Wildlife and in accordance with federal regulations; and
  (b) A person who holds a license or permit issued by the State
Department of Fish and Wildlife under the wildlife laws to take a
shark and who possesses, sells or offers for sale, trades or
distributes a shark fin consistent with the terms of that license
or permit. + }
  SECTION 5.  { + Sections 2 (2) and 4 (2) of this 2011 Act do
not apply to a person who possesses a shark fin on the effective
date of this 2011 Act, except that the person may not sell or
offer for sale, trade or distribute the shark fin. + }
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