THE SENATE

S.B. NO.

2169

TWENTY-FIFTH LEGISLATURE, 2010

S.D. 2

STATE OF HAWAII

H.D. 2

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO SHARK FINS.

 

 

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

 


     SECTION 1.  Sharks are one of the top predators in the marine food chain and play an important role in our ocean's ecosystem.  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 the shark populations both locally and worldwide.  Unlike other fish species, most sharks do not reach sexual maturity until seven to twelve years of age and then only give birth to a small litter of young.  Thus, sharks cannot rebuild their populations quickly once they are overfished. 

     The practice of shark finning, where 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.  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 through their gills for oxygen.

     Shark fins are the principal ingredient in shark fin soup, and the demand for the delicacy has skyrocketed in recent years.  Despite state and federal laws to ban the practice of shark finning, fishers continue the practice on a massive scale.  Since 1972, the number of blacktip sharks has fallen by ninety-three per cent, tiger sharks by ninety-seven per cent, and bull sharks, dusky sharks, and smooth hammerheads by ninety-nine per cent.  The rapid reduction of sharks is disrupting the ocean's equilibrium.

     Sharks are an essential element of the ocean's ecosystem, and by reducing the demand for shark fins, Hawaii can help ensure that sharks will not become extinct. 

     The purpose of this Act is to protect sharks by:

     (1)  Prohibiting the harvest, possession, sale, trade, transfer, or distribution of a shark or parts of a shark, unless the shark is landed whole and is harvested under a commercial marine license; and

     (2)  Prohibiting under the Hawaii Food, Drug, and Cosmetic Act, the possession, sale, delivery for sale, holding for sale, or offering for sale of any shark fin or part of any shark fin.

     SECTION 2.  Chapter 188, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§188-    Shark fins; prohibited.  (a)  No person may harvest, possess, sell, offer for sale, trade, transfer, or distribute any shark or part of a shark unless the person establishes by a preponderance of the evidence that:

(1)  All shark fins are naturally attached to the shark when landed;

(2)  The shark was harvested in federal waters beyond three nautical miles of any shore of the state, on the high seas, or in state waters where shark fishing is permitted; and

(3)  The shark is harvested for any commercial purpose and:

(A)  The shark is of the species Isurus oxyrinchus (Mako shark) or Alopias pelagicus (Thresher shark);

(B)  The person harvesting the shark has a commercial marine license; and

(C)  After harvesting and landing the shark, the fins are discarded.

     (b)  Any person violating this section or any rule adopted pursuant to this section shall be subject to:

(1)  An administrative fine of not less than $5,000 and not more than $15,000; and

(2)  Seizure and forfeiture pursuant to chapter 712A of any shark fins, commercial marine licenses, vessels, fishing equipment, or other property involved in a violation of this section,

and may be assessed administrative fees and costs, and attorney's fees and costs.

     The penalties under this section are in addition to any other penalty provided by law.

     (c)  The department may adopt rules pursuant to chapter 91 to establish fees and for other purposes necessary to implement this section.

     (d)  For purposes of this section:

     "Land" or "landed" means when the shark or any part thereof is first brought to shore.

     "Shark fin" means any fin of a shark, including the tail.

     "Whole" means the entire shark with its head and flesh intact, allowing for the removal of the blood and internal organs at sea."

     SECTION 3.  Section 328-6, Hawaii Revised Statutes, is amended to read as follows:

     "§328-6  Prohibited acts.  The following acts and the causing thereof within the [State] state by any person are prohibited:

     (1)  The manufacture, sale, delivery, holding, or offering for sale of any food, drug, device, or cosmetic that is adulterated or misbranded;

     (2)  The adulteration or misbranding of any food, drug, device, or cosmetic;

     (3)  The receipt in commerce of any food, drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise;

     (4)  The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of section 328-11, 328-12, or 328-17;

     (5)  The dissemination of any false advertisement;

     (6)  The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by sections 328-22 and 328-23 to 328-27, or to permit access to or copying of any record as authorized by section 328-23;

     (7)  The giving of a guaranty or undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person residing in the [State] state from whom the person received in good faith the food, drug, device, or cosmetic;

     (8)  The removal or disposal of a detained or embargoed article in violation of sections 328-25 to 328-27;

     (9)  The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food, drug, device, or cosmetic, if the act is done while the article is held for sale and results in the article being adulterated or misbranded;

    (10)  Forging, counterfeiting, simulating, or falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by rules adopted under this part or regulations adopted under the Federal Act;

    (11)  The use, on the labeling of any drug or in any advertisement relating to the drug, of any representation or suggestion that an application with respect to the drug is effective under section 328-17, or that the drug complies with that section;

    (12)  The use by any person to the person's own advantage, or revealing other than to the department of health or to the courts when relevant in any judicial proceeding under this part, any information acquired under authority of section 328-11, 328-12, 328-17, or 328-23, concerning any method or process which as a trade secret is entitled to protection;

    (13)  In the case of a prescription drug distributed or offered for sale in this [State,] state, the failure of the manufacturer, packer, or distributor thereof to maintain for transmittal, or to transmit, to any practitioner who makes written request for information as to the drug, true and correct copies of all printed matter which is required to be included in any package in which that drug is distributed or sold, or such other printed matter as is approved under the Federal Act.  Nothing in this paragraph shall be construed to exempt any person from any labeling requirement imposed by or under other provisions of this part;

     (14) (A)  Placing or causing to be placed upon any drug or device or container thereof, with intent to defraud, the trade name or other identifying mark, or imprint of another or any likeness of any of the foregoing; or

         (B)  Selling, dispensing, disposing of, or causing to be sold, dispensed, or disposed of, or concealing or keeping in possession, control, or custody, with intent to sell, dispense, or dispose of, any drug, device, or any container thereof, with knowledge that the trade name or other identifying mark or imprint of another or any likeness of any of the foregoing has been placed thereon in a manner prohibited by subparagraph (A); or

         (C)  Making, selling, disposing of, or causing to be made, sold, or disposed of, or keeping in possession, control, or custody, or concealing, with intent to defraud, any punch, die, plate, or other thing designed to print, imprint, or reproduce that trade name or other identifying mark or imprint of another or any likeness of any of the foregoing upon any drug, device, or container thereof;

     (15) Except as provided in part VI and section 461-1, dispensing or causing to be dispensed a different drug or brand of drug in place of the drug or brand of drug ordered or prescribed without express permission in each case of the person ordering or prescribing;

     (16) The distribution in commerce of a consumer commodity as defined in this part, if such commodity is contained in a package, or if there is affixed to that commodity a label, which does not conform to this part and of rules adopted under authority of this part; provided that this prohibition shall not apply to persons engaged in business as wholesale or retail distributors of consumer commodities except to the extent that such persons:

         (A)  Are engaged in the packaging or labeling of such commodities; or

         (B)  Prescribe or specify by any means the manner in which such commodities are packaged or labeled;

     (17) The selling or dispensing in restaurants, soda fountains, drive-ins, lunch wagons, or similar public eating establishments of imitation milk and imitation milk products in place of fresh milk and fresh milk products respectively; of liquid or dry products which simulate cream but do not comply with content requirements for cream in place of cream; of non-dairy frozen desserts which do not comply with content requirements for dairy frozen desserts in place of dairy frozen desserts; and of any other imitation food or one made in semblance of a genuine food in place of such genuine food, unless the consumer is notified by either proper labeling or conspicuous posted signs or conspicuous notices on menu cards and advertisements informing of such substitution, to include but not limited to the substitution of imitation milk in milk shake and malted milk drinks;

     (18) Wilfully and falsely representing or using any devices, substances, methods, or treatment as effective in the diagnosis, cure, mitigation, treatment, or alleviation of cancer.  This paragraph shall not apply to any person who depends exclusively upon prayer for healing in accordance with teachings of a bona fide religious sect, denomination, or organization, nor to a person who practices such teachings;

     (19) The selling or offering for sale at any food facility which serves or sells over the counter directly to the consumer an unlabeled or unpackaged food that is a confectionery which contains alcohol in excess of one-half of one per cent by weight unless the consumer is notified of that fact by either proper labeling or conspicuous posted signs or conspicuous notices on menu cards and advertisements;

     (20) The sale to a person below the age of twenty-one years of any food which is a confectionery which contains alcohol in excess of one-half of one per cent by weight[.]; and

     (21) The possession, sale, delivery for sale, holding for sale, or offering for sale of any shark fin or part of any shark fin."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 6.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 7.  This Act shall take effect on July 1, 2050.



 

Report Title:

Possession, Sale, and Distribution of Shark Fins

 

Description:

Prohibits the harvest, possession, sale, or distribution of a shark or shark parts unless landed whole and harvested under a commercial marine license.  Prohibits under Hawaii Food, Drug, and Cosmetic Act, possession or sale of shark fins.  Effective July 1, 2050.  (SB2169 HD2)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.