Fish

CA - Marine - Chapter 10.5. Marine Life Protection Act.

Summary: In this act, the California Legislature finds and declares a need to reexamine and redesign California's marine protected area systems to increase its effectiveness at protecting the state's marine life, habitat, and ecosystems. To improve the design and management of that system, the Marine Life Protection Program was adopted. A few of the Program's goals are to protect the natural diversity and abundance of marine life, to help sustain, conserve, and protect marine life populations, and rebuild those that are depleted.

CA - Fish & Game - Chapter 1. Taking and Possessing in General

Summary: These sections make it unlawful to take any bird, mammal, fish, reptile, or amphibian except as provided in this code. Some of the restrictions in the code refer to taking after season, offering a prize or inducement to take game, setting a bounty for an animal, using sniper scopes, artificial lights, or trap guns. Section 2009 also makes it a crime willfully interfere with the participation of any individual in the lawful activity of shooting, hunting, or fishing.

CA - Sharks - § 2021. Shark fins; unlawful possession, sale, offer for sale, trading, or distribution; exceptions

Summary: Under these California statutes, it is unlawful to possess, sell, offer for sale, trade, or distribute a shark fin. However, there are exceptions for people who have a license or permit. In addition, people and restaurants who have a shark fin as of January 1, 2012 may possess it until January 1, 2013.

China - Fishing - China Fisheries Law

Summary:

Although old, it remains the law for fishing in China " for the purpose of enhancing the protection, increase, development and reasonable utilization of fishery resources, developing artificial cultivation, protecting fishery workers' lawful rights and interests and boosting fishery production, so as to meet the requirements of socialist construction and the needs of the people."

Re Nature Conservation Council of NSW Inc and Minister for Environment and Water Resources

Summary:

The Commonwealth Minister for the Environment and Water Resources declared an Ocean Trap and Line Fishery to be an approved wildlife trade operation. This permitted the export of sea life from the fishery. The Nature Conservation Council claimed that the fishery was detrimental to the survival of east coast grey nurse sharks. The Tribunal found that the operation would not be detrimental to the survival of the east coast grey nurse population.

People v. Garcia

Summary:

Defendant was convicted for violating the anti-cruelty statute toward animals.  On appeal, the Court held that the statute was not unconstitutionally vague when applied to defendant's crimes.  Motion denied.

People v. Garcia

Summary:

In this New York case, the court, as a matter of first impression, considered the scope of the aggravated cruelty law (§ 353-a(1)) in its application to a pet goldfish.  Defendant argued that a goldfish should not be included within the definition of companion animal under the statute because there is "no reciprocity in affection" similar to other companion animals like cats or dogs.  In finding that the statute did not limit the definition as such, the court held that defendant's intentional stomping to death of a child's pet goldfish fell within the ambit of the statute.  Accordingly, the judgment of the Supreme Court, New York County that convicted defendant of attempted assault in the second degree, criminal possession of a weapon in the third degree, criminal mischief in the third degree, assault in the third degree (three counts), endangering the welfare of a child (three counts), and aggravated cruelty to animals in violation of Agriculture and Markets Law § 353-a(1) was affirmed.