Calgary City one step closer to banning shark fin soup

Shark Year Magazine, 16. October 2012

The following provides an update on our previous post from 16th July 2012 Calgary city council to draft shark fin ban bylaw.

Today, Calgary City Council has formally passed a by-law to ban shark fin products. The council agreed, voting 11-3 in favour of a ban, but the rule won’t be enforced any time soon.

The first reading of the by-law passed, but second and third readings of the ban are expected to happen in January until they have gathered more information.

The council has plans to consult with the Chinese community, and may amend the by-law in the future.

QR77 is reporting that a group of Chinese business owners collected 35 hundred signatures on a petition urging council to reconsider the ban and provide them a chance for an input.

While a majority of council believe the controversial delicacy should be banned, they also think the public must be consulted first before the final approval of the new rule.

The NPO ‘Sharkfin Free Calgary’ said it’s OK with the delay, as long as the implementation of the ban isn’t pushed back.

The by-law is expected to officially come into effect in July 2013.

TEXT  OF  THE  RELATED  BY-LAW

BYLAW NUMBER 45M2012

BEING A BYLAW OF THE CITY OF CALGARY TO BAN THE POSSESSION, DISTRIBUTION, SALE AND CONSUMPTION OF SHARK FINS

WHEREAS The City of Calgary is a recognized leader in environmental initiatives;

AND WHEREAS the practice of “shark finning”, where a shark is caught and its fins removed and then returned to the ocean fatally wounded has been banned in Canada since 1994;

AND WHEREAS an estimated 70 million sharks are slaughtered each year for their fins, a rate at which experts expect could result in the loss of several shark species, threatening ocean ecosystems and biodiversity;

AND WHEREAS sharks are apex predators in the ocean food-web and as such are bioaccumulators;

AND WHEREAS the consumption of shark products can present a danger to human health due to the bio-accumulation of toxic substances such as mercury;

AND WHEREAS as a result of the threat to shark populations, biodiversity and human health, many communities across the country are taking action to reduce the local demand for shark fins and shark fin products;

AND WHEREAS pursuant to section 7 of the Municipal Government Act, RSA 2000, c. M-26, Council may pass bylaws respecting:

(a) the safety, health and welfare of people and the protection of people and property;

(b) businesses, business activities and persons engaged in businesses; and

(c) wild and domestic animals and activities in relation to them;

 

NOW, THEREFORE, THE COUNCIL OF THE CITY OF CALGARY ENACTS AS FOLLOWS:

Short Title

1. This bylaw may be cited as the “Shark Fin Ban Bylaw”.

Definitions

2. In this bylaw:

“Bylaw Enforcement Officer” means a person appointed pursuant to Bylaw Number 60M86 to enforce the bylaws of the City of Calgary;

“Licence Inspector” means a Licence Inspector as defined in the Business Licence Bylaw 32M98 or any bylaw enacted in place of that bylaw;

“person” means an individual, or a business entity including a firm, partnership, association, corporation or society;

“shark” means any of the approximately 400 species of marine carnivorous fishes of the class Chondrichthyes (subclass Elasmobranchii);

“shark fin” means the raw, dried, cooked or otherwise processed detached fin or tail of a shark, or any derivative product of a shark fin.

Prohibition

3. A person must not possess, distribute, sell or consume a shark fin.

4. A person must not advertise or arrange for any form of advertising that states or suggests that a shark fin is available for sale.

Offences and Penalties

5.

• (1) Any person who contravenes section 3 or section 4 is guilty of an offence.

• (2) Any person who is convicted of an offence pursuant to this Bylaw is liable on summary conviction to a fine not exceeding $10,000.00, and in default of payment of any fine imposed, to imprisonment for not more than six months.

6.

• (1) If a Bylaw Enforcement Officer or Licence Inspector believes a person has contravened any provision of this Bylaw, the Bylaw Enforcement Officer or Licence Inspector may do any one of the following:
  (a) issue to the person a violation ticket in accordance with the Provincial Offences Procedure Act, RSA 2000, c. P-34;
  (b) issue to the person an order to remedy the contravention in accordance with the Municipal Government Act, RSA 2000, c. M-26;
  (c) both (a) and (b).

• (2) The specified penalty payable in respect of a contravention of section 3 or section 4 is $1000.00.

• (3) The minimum penalty payable in respect of a contravention of section 3 or section 4 is $300.00.

• 4) Notwithstanding subsection 6(2):
  (a) where any person has been convicted of a contravention of the same provision of this bylaw twice within one twelve month period, the specified penalty payable in respect of the second conviction is double the amount set out in subsection 6(2), and
  (b) where any person has been convicted of a contravention of the same provision of this bylaw three or more times within one twelve month period, the specified penalty payable in respect of the third or subsequent conviction is triple the amount set out in subsection 6(2).

• 5) Notwithstanding subsection 6(3):
  (a) where any person has been convicted of a contravention of the same provision of this bylaw twice within one twelve month period, the minimum penalty payable in respect of the second conviction is double the amount set out in subsection 6(3), and
  (b) where any person has been convicted of a contravention of the same provision of this bylaw three or more times within one twelve month period, the minimum penalty payable in respect of the third or subsequent conviction is triple the amount set out in subsection 6(3).

Coming into Force

7. This Bylaw comes into force on July 1, 2013.