senate Bill S5738A

Amended

Relates to the regulation of surf clams/ocean quahogs

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 10 / Jun / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 11 / Jun / 2013
    • AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 11 / Jun / 2013
    • PRINT NUMBER 5738A
  • 17 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 17 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1408
  • 17 / Jun / 2013
    • AMENDED ON THIRD READING 5738B
  • 21 / Jun / 2013
    • PASSED SENATE
  • 21 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 24 / Jun / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Relates to the regulation of surf clams/ocean quahogs.

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Bill Details

Versions:
S5738
S5738A
S5738B
Legislative Cycle:
2013-2014
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0309, En Con L; amd §2, Chap 158 of 2011

Sponsor Memo

BILL NUMBER:S5738A

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to regulations on surf clams/ocean quahogs; and to amend
chapter 158 of the laws of 2011 amending the environmental
conservation law relating to the harvesting of surf clams and ocean
quahogs, in relation to making certain provisions permanent

PURPOSE OR GENERAL IDEA OF BILL:

To continue to allow surf clams and ocean quahogs to be cooperatively
harvested, to require participants to notify the department of
environmental conservation about their intent to cooperatively
harvest, to restrict cooperative harvesting to no more than four
permits per vessel, and to clarify that there is no requirement that
an individual fishing quota be tied to a vessel.

SUMMARY OF SPECIFIC PROVISIONS:

Section One amends subdivision 15 of the section 13-0309 of the
environmental conservation law, to provide additional notification
requirements for those engaging in the cooperative harvesting of surf
clams. New subdivision (1) allows the department of environmental
conservation to promulgate a rule or regulation requiring those
engaging in cooperative harvesting to file a form notifying the
department of their intent cooperatively harvest, prior to
commencement. New subdivision (g) authorizes the department of
environmental conservation to promulgate a rule or regulation limiting
cooperative harvesting, so that no more than four permits can be
cooperatively harvested from the same vessel. New subdivision (h)
clarifies that there is no requirement to identify an individual
fishing quota to a vessel as a condition of application or holding a
permit.

Section Two amends section 2 of chapter 158 of the laws of 2011, to
continue to allow the cooperative harvesting of surf clams and ocean
quahogs in New York waters.

Section Three is the effective date.

JUSTIFICATION:

In 2011, the legislature unanimously passed a cooperative harvesting
law for the surf clam and ocean quahog fishery. The enactment of the
2011 legislation has made the harvesting of this fishery more
economical, safer and sustainable. The 2011 legislation not only
increased the monetary value of all permits, but also helped keep
several independent companies in business.

Prior to the enactment of the cooperative harvesting legislation, the
surf clam/ocean quahog industry saw a reduction in harvest quotas by
the Department. That reduction, combined with increased fuel and
insurance costs, placed significant economic pressures on all
harvesting companies. These pressures resulted in a reduction of the
profitability of individual permits. The decreased profitability of
single permits caused a number of independent harvesters to sell off
their companies.


Chapter 158 of 2011, which provided for the cooperative harvesting of
surf clams and ocean quahogs has not only made the industry
economically sustainable, but it has actually increased safety and
efficiency. Since the 2011 law became effective, the industry has
worked cooperatively to harvest their allocations, and independent
companies that were formerly not harvesting due to poor economic
conditions, are now doing so. By making the cooperative harvesting law
permanent, but granting the department additional authority so that
they can track industry operations and the authority to limit the
number of permits being cooperatively harvested to four permits per
vessel, we can ensure the continued operation and success of the surf
clam/ocean quahog industry in our state.

Finally, this bill would clarify that there is no requirement that
companies that are cooperatively harvesting, maintain their unused
vessels in order to retain their right to a permit. Several
independent companies, including Capt. Jack's Clam Products, Edgar
Seafood Products Inc., Fernandez and Family Inc., and Verbeke Inc.,
have made this request to save money and better afford to stay in
business. Not only is this requirement without basis in protecting
environmental resources, but it is not economical to require an
industry that is already struggling to maintain and invest in vessels
for which they have no intention of using. Aging and unusable vessels
being left in marinas for the sole purpose of "parking" a permit could
prove damaging to the environment. For both economic and environmental
reasons, best practices would suggest that aging and unusable vessels
should be removed from our waters.

PRIOR LEGISLATIVE HISTORY:

Chapter 158 of 2011.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5738--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 10, 2013
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN ACT to amend the environmental conservation law, in relation to regu-
  lations  on  surf clams/ocean quahogs; and to amend chapter 158 of the
  laws of 2011 amending the environmental conservation law  relating  to
  the  harvesting of surf clams and ocean quahogs, in relation to making
  certain provisions permanent

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  15  of  section 13-0309 of the environmental
conservation law, as amended by chapter 158 of  the  laws  of  2011,  is
amended to read as follows:
  15.  Cooperative  harvesting.  Notwithstanding  any other provision of
this chapter or rule or regulation, persons holding  harvesting  permits
in  New  York's Atlantic Ocean surf clam/ocean quahog fishery are hereby
authorized to cooperatively harvest any portion of the person's individ-
ual fishing quota (IFQ) by use of any vessel that is eligible to harvest
shellfish in the fishery, subject to the following:
  a. Such cooperative harvesting shall comply with  daily  catch  limits
established  for  the  fishery  by the department which shall be counted
against both the IFQ holder vessel's and the harvesting  vessel's  daily
catch limits[.] ;
  b.  The  harvesting  vessel  used to catch such IFQ or portion thereof
shall be identified to the department in both the IFQ holder's  and  the
harvesting vessel's report to the department[.] ;
  c.  In  cooperative  harvesting there shall be no requirement that the
captain of the IFQ holder's vessel be on  board  the  harvesting  vessel
during harvesting[.] ;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11415-08-3

S. 5738--A                          2

  d.  In  cooperative harvesting the IFQ holder will provide the captain
of the harvesting vessel with such cage tags as are necessary to account
for the harvest attributable to such IFQ holder[.] ;
  e.  Nothing  herein  described shall alter the daily, weekly or annual
catch limits obtainable by any IFQ holder within the fishery[.];
  F. THE DEPARTMENT MAY PROMULGATE A RULE OR REGULATION REQUIRING  THOSE
ENGAGING  IN COOPERATIVE HARVESTING TO FILE A FORM NOTIFYING THE DEPART-
MENT PRIOR TO COMMENCEMENT, PROVIDED HOWEVER, NOTHING  IN  THIS  SECTION
SHALL  AUTHORIZE  THE  DEPARTMENT  TO  DISAPPROVE  ANY  SUBMISSION  THAT
COMPLIES WITH THE PROVISIONS OF THIS SECTION;
  G. THE DEPARTMENT MAY PROMULGATE A RULE OR REGULATION LIMITING COOPER-
ATIVE HARVESTING TO NO MORE THAN FOUR PERMITS PER VESSEL; AND
  H. THERE SHALL BE NO REQUIREMENT TO IDENTIFY AN IFQ TO A VESSEL  AS  A
CONDITION OF APPLICATION OR HOLDING OF A PERMIT.
  S  2.  Section 2 of chapter 158 of the laws of 2011 amending the envi-
ronmental conservation law relating to the harvesting of surf clams  and
ocean quahogs, is amended to read as follows:
  S  2. This act shall take effect immediately [and]; PROVIDED, HOWEVER,
THAT SUBDIVISION 16 OF SECTION 13-0309 OF THE ENVIRONMENTAL CONSERVATION
LAW AS ADDED BY SECTION ONE OF THIS  ACT  shall  expire  and  be  deemed
repealed December 31, 2013.
  S 3. This act shall take effect immediately.

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