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Assembly Bill A4112

2009-2010 Legislative Session

Prohibits the taking of striped bass from the Hudson river for commercial purposes

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2009-A4112 (ACTIVE) - Details

See Senate Version of this Bill:
S4948
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง11-1321, En Con L
Versions Introduced in 2011-2012 Legislative Session:
A7487, S4633

2009-A4112 (ACTIVE) - Summary

Prohibits the taking of striped bass from the Hudson river for commercial purposes; defines the pertinent portions of the Hudson river and "taking of striped bass for commercial purposes"; does not prohibit lawful taking of striped bass by angling for recreational purposes; provides for expiration and repeal of amendments on April 1, 2013.

2009-A4112 (ACTIVE) - Bill Text download pdf 

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

                                  4112

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2009
                               ___________

Introduced  by M. of A. BRODSKY -- read once and referred to the Commit-
  tee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  prohibiting  the  taking  of  striped  bass  from the Hudson river for
  commercial purposes; and providing for the repeal of  such  provisions
  upon expiration thereof

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

  Section 1.  Section 11-1321 of the environmental conservation  law  is
amended by adding a new subdivision 10 to read as follows:
  10.  (A)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY,
THE TAKING OF STRIPED BASS FOR COMMERCIAL PURPOSES FROM THE HUDSON RIVER
IS PROHIBITED.  STRIPED  BASS  UNINTENTIONALLY  TAKEN  CONTRARY  TO  ANY
PROVISION OF THIS ARTICLE SHALL BE RETURNED TO THE WATER AT ONCE WITHOUT
UNNECESSARY INJURY.
  (B)  FOR  PURPOSES  OF  THIS SUBDIVISION: (I) "HUDSON RIVER" MEANS THE
HUDSON RIVER FROM THE GEORGE WASHINGTON BRIDGE IN NEW YORK CITY  TO  THE
FEDERAL  DAM  AT TROY, AND TRIBUTARY WATERS OF THAT SECTION OF THE RIVER
FROM THE TRIBUTARY'S MOUTH UPSTREAM TO THE FIRST FALLS OR OTHER  BARRIER
IMPASSABLE  TO  FISH;  AND  (II)  "TAKING OF STRIPED BASS FOR COMMERCIAL
PURPOSES" MEANS THE TAKING OF SUCH FISH, BY ANY MEANS, FOR  PURPOSES  OF
PURCHASING,  SELLING,  TRADING,  OR  BARTERING  SUCH FISH OR OFFERING OR
EXPOSING SUCH FISH FOR PURCHASE, SALE, TRADE, OR BARTER.
  (C) NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO PROHIBIT THE LAWFUL
TAKING OF STRIPED BASS BY ANGLING FOR RECREATIONAL PURPOSES.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however that the  amendments  made
by  section one of this act shall expire and be deemed repealed April 1,
2013.  Effective immediately any rules and regulations necessary for the
timely implementation of this act on its effective date may  be  promul-
gated on or before such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD07354-01-9

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