S T A T E O F N E W Y O R K
________________________________________________________________________
826
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. DelMONTE, SCHROEDER, BALL -- Multi-Sponsored by
-- M. of A. LUPARDO -- read once and referred to the Committee on
Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
prohibiting the sale of angler-caught fish
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 11-1319 of the environmental
conservation law, as amended by chapter 193 of the laws of 1992, is
amended to read as follows:
2. Sale.
a. Trout, including rainbow trout, Atlantic salmon, black bass,
walleye and muskellunge shall not be bought and sold.
b. Bait fish named in section 11-1315 OF THIS TITLE shall not be sold
for bait except as provided in that section.
c. [The] FISH OR PARTS THEREOF TAKEN IN ACCORDANCE WITH THE PRIVILEGES
OF A LICENSE ISSUED PURSUANT TO TITLE 7 OF THIS ARTICLE OR TAKEN BY A
MINOR PURSUANT TO SUBDIVISION 2 OF SECTION 11-0707 OF THIS ARTICLE SHALL
NOT BE BOUGHT OR SOLD OR OFFERED FOR SALE.
D. UNLESS OTHERWISE PROHIBITED BY THIS SUBDIVISION, THE following fish
may be bought and sold at any time: (1) the marine species named in
section 13-0339 OF THIS CHAPTER or in regulations of the department
provided they are of the minimum size limits stated in such section or
in such regulations; (2) fish [that may be] taken with nets [in] FROM
the Hudson River, Lake Erie and Lake Ontario as authorized by regu-
lations of the department provided they are of the minimum size limits
stated in such regulations; AND (3) fish not specifically named in
[paragraph d of this subdivision or in section] SECTIONS 13-0339,
11-1521 or 13-0347 OF THIS CHAPTER or in regulation adopted pursuant to
section 11-1303; [(4) fish for which such regulations specify no minimum
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01495-01-9
A. 826 2
size limits and specify generally without exceptions, that the open
season is "any time"] OF THIS TITLE.
S 2. Subdivision 4 of section 11-1703 of the environmental conserva-
tion law, paragraph b as amended by chapter 170 of the laws of 1980, is
amended to read as follows:
4. Fish [of the following species] OR PARTS THEREOF taken outside the
state shall not be bought or sold OR OFFERED FOR SALE or otherwise traf-
ficked in if they WERE TAKEN PURSUANT TO THE PRIVILEGES OF A RECREATION-
AL OR SPORTFISHING LICENSE, OR IT THEY ARE OF THE FOLLOWING SPECIES AND
are [of] less than the MINIMUM size limits specified in this subdivision
or in the sections to which it refers:
a. striped bass, fluke or summer flounder, blue porgie, weakfish,
mackerel, sea bass, king fish, cod fish, blackfish, winter flounder, all
as specified in section 13-0339;
b. lake trout, pickerel, Atlantic sturgeon, Atlantic (landlocked)
salmon, whitefish, northern pike, all as specified in regulations of the
department.
S 3. This act shall take effect immediately.