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Assembly Bill A4778

2009-2010 Legislative Session

Authorizes the taking of surf clams or ocean quahogs by mechanical means from the Atlantic Ocean for commercial purposes

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Archive: Last Bill Status - In Assembly Committee

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2009-A4778 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง13-0349, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: A4652
2013-2014: A5614
2015-2016: A6306

2009-A4778 (ACTIVE) - Summary

Authorizes the taking of surf clams or ocean quahogs by mechanical means from the Atlantic Ocean for commercial purposes if the vessel is 90 feet in length or less.

2009-A4778 (ACTIVE) - Bill Text download pdf 

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

                                  4778

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2009
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation  to  the
  taking of surf clams and ocean quahogs for commercial purposes

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

  Section 1. Section 13-0349 of the environmental conservation  law,  as
amended  by  chapter  263  of  the  laws  of 1997, is amended to read as
follows:
S 13-0349. Taking of fish for commercial purposes.
  No person shall take food  fish,  shellfish,  or  crustacea  from  the
waters  of the marine and coastal district for commercial purposes using
a commercial fishing vessel  longer  than  seventy  feet  in  registered
length.  However, this prohibition shall not apply to vessels being used
TO  TAKE SURF CLAMS OR OCEAN QUAHOGS BY MECHANICAL MEANS FROM THE WATERS
OF THE ATLANTIC OCEAN, PROVIDED THAT SUCH VESSELS ARE EQUAL TO  OR  LESS
THAN  NINETY FEET IN LENGTH AS DOCUMENTED BY THE U.S. COAST GUARD PURSU-
ANT TO TITLE 46 CFR PART 67, OR TO VESSELS THAT ARE BEING USED  to  take
food  fish,  shellfish  or  crustacea  from the waters of the marine and
coastal district prior to July first, nineteen hundred ninety-seven  and
the  department  shall  publish a list of such vessels.  For purposes of
this section a person shall be presumed to be taking food fish,  shellf-
ish  or  crustacea  for  commercial  purposes when setting, maintaining,
operating or using nets, except seines not larger than thirty feet  long
or  four  feet  deep  or  lift nets not larger than sixteen square feet;
traps, except bait traps not more than thirty inches in  length;  combs;
dredges; pots; or hook and line, except by angling.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08731-01-9

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