Senate Bill S854

                                 BILL NUMBER:  S854

 TITLE OF BILL :
An act to amend the environmental conservation law, in relation to
prohibiting the sale of angler-caught fish


 PURPOSE :
This bill would prohibit the sale in New York State of angler-caught
fish, whether taken within or outside of the State.

 SUMMARY OF PROVISIONS :
Section 1 of the bill would amend Environmental Conservation Law (ECL)
§ 11-1319(2) to prohibit fish (or parts thereof) taken pursuant to the
privileges of a recreational fishing license, or taken by a minor
under the age of 16 without a license, from being sold in New York
State. Section 1 also removes from the list of fish that can be bought
and sold at anytime, those fish for which regulations specify no
minimum size limits and specify generally without exceptions, that
open season is "any time."

Section 2 would amend ECL § 11-1703(4) to: prohibit fish (or parts
thereof) taken outside of New York State pursuant to the privileges of
a recreational or sportfishing license from being sold in New York.

 EXISTING LAW :
              

ECL § 11-1319(2) sets forth the restrictions on the sale of certain
fish species and allows the sale of: (a) certain marine species that
are of the minimum size limits; (b) fish taken with nets in the Hudson
River, Lake Erie and Lake Ontario; (c) fish not specifically named in
ECL §§ 11-1521, 13-0339 or 13-0347 or in regulations pursuant to ECL
§11-1303; and (d) fish for which such regulations specify no minimum
size limits and specify generally, without exceptions, that the open
season is "any time." ECL § 11-1703(4) prohibits the purchase, sale
and trafficking of fish taken outside the State if they are of less
than the regulatory size limits for such species.

 JUSTIFICATION :
Current law in New York State allows anglers to sell many species
offish, including "panfish" such as yellow perch, black crappie, white
crappie, bluegill, pumpkinseed, rock bass, bullhead and others, unless
the fish species is subject to a closed season or a minimum size
limit. The lack of a restriction for anglers to sell some species of
freshwater fish taken from public waters has been controversial for
many years. Most states, as a matter of principle, do not allow the
sale of fish taken under the privileges of a sportfishing license. DEC
has periodically received inquiries and complaints about "commercial"
hook and line fishing on individual lakes for many decades. However,
more widespread concern and conflict about this issue began in the mid
to late 1980s, with an apparent rapid increase in overt fish sale
activity. The increase in fish sale activity was stimulated by
declines in the abundance of yellow perch available from the Great
Lakes net fisheries and coincided with an increased interest in
quality pan fish fishing opportunities by the recreational angling
community. High prices being paid for whole fish created a
commercially-motivated group of anglers that sought out concentrations
of large size panfish in waters throughout the State and monopolized
use of these resources.

Since 1993, DEC has taken a number of measures within its management
capabilities and statutory authority to protect vulnerable panfish
populations from gross over-exploitation. For instance, daily creel
limits of 50 fish were established for sunfish and yellow perch in
1996 in many parts of the State. While the establishment of daily
creel limits in most regions of the State may have reduced the sale of

angler-caught fish, the continued monetary attraction has sustained an
active hook and line fishery in unregulated areas.

Moreover, the impossibility of tracking the origin of angler-caught
fish raises health concerns with the legal and illegal infiltration of
chemically contaminated fish into food markets. Notably, the State
Department of Health has established fish consumption advisories for
more than 70 waters of the State where the bioaccumulation of
contaminants, including PCBs and mercury, has been documented. In
fact, there is a general health advisory that women of childbearing
age, infants, and children under 15 should not eat any fish from
listed waters.

This bill, by explicitly prohibiting the sale of fish or parts thereof
that were taken pursuant to the privileges of a recreational or
sportfishing license, should help deter anglers from selling such
fish.  Violation of this prohibition would subject a violator to
penalties as provided in ECL §71-0924 related to illegal
commercialization of fish, shellfish, crustaceans, and wildlife. These
penalties increase as the value of the fish, shellfish, crustaceans,
wildlife (or parts thereof) increase and range from a violation, with
a maximum fine of $500 and 15 days imprisonment, to a Class E felony.
This bill would assist the DEC in protecting panfish and other species
from over-exploitation due to commercial sale, while conserving this
important sportfishing resource, and protecting the public health and
safety.

 LEGISLATIVE HISTORY :
2007-08:  S.3196
2006:     S.8140

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.