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Assembly Bill A7120A

2011-2012 Legislative Session

Authorizes the use of mechanical harvesting gear within the entire boundary of a lease issued, regardless of lease size, given a cultivation plan is made available

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2011-A7120 - Details

See Senate Version of this Bill:
S4604
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0302, En Con L

2011-A7120 - Summary

Authorizes the use of mechanical harvesting gear, including hydraulic dredges within the entire boundary of a lease issued pursuant to this section, regardless of lease size, given a cultivation plan is submitted to and approved by the department.

2011-A7120 - Bill Text download pdf 

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

    S. 4604                                                  A. 7120

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             April 13, 2011
                               ___________

IN  SENATE  -- Introduced by Sens. LAVALLE, MARCELLINO -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Environmental Conservation

IN  ASSEMBLY  -- Introduced by M. of A. THIELE, MURRAY, GRAF, LOSQUADRO,
  RAIA -- Multi-Sponsored by -- M. of A. FITZPATRICK --  read  once  and
  referred to the Committee on Environmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  authorizing the use of mechanical harvesting gear, including hydraulic
  dredges within the entire boundary of a  lease,  regardless  of  lease
  size, given a cultivation plan is made available

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

  Section 1. Paragraph 6 of section 13-0302 of the environmental conser-
vation law, as added by chapter 425 of the laws of 2004, is  amended  to
read as follows:
  6. Department authority. Notwithstanding any of the provisions of this
section:
  a.  any  person engaging in the cultivation or harvesting of shellfish
in a shellfish cultivation zone pursuant to this section shall obtain  a
permit in accordance with section 13-0316 of this title; [and]
  b.  the department shall regulate and control the use of certain types
of vessels and equipment  for  harvesting  shellfish,  requirements  for
reseeding,  the  right  to enter upon such leased lands for reseeding or
making shellfish population surveys, and enforce  all  other  applicable
state laws relating to said underwater lands; AND
  C. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A LEASEHOLDER
MAY  HARVEST  OYSTERS,  HARD  CLAMS,  RAZOR CLAMS AND OTHER SHELLFISH AS
PERMITTED IN THIS SECTION, BY MECHANICAL MEANS, INCLUDING THE USE  OF  A
HYDRAULIC  DREDGE.  THE  USE  OF  MECHANICAL  HARVESTING GEAR, INCLUDING
HYDRAULIC DREDGES, IS AUTHORIZED TO OCCUR WITHIN THE ENTIRE BOUNDARY  OF
A LEASE ISSUED PURSUANT TO THIS SECTION, REGARDLESS OF LEASE SIZE, GIVEN
A CULTIVATION PLAN IS MADE AVAILABLE.
  S 2. This act shall take effect immediately.

co-Sponsors

multi-Sponsors

2011-A7120A (ACTIVE) - Details

See Senate Version of this Bill:
S4604
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0302, En Con L

2011-A7120A (ACTIVE) - Summary

Authorizes the use of mechanical harvesting gear, including hydraulic dredges within the entire boundary of a lease issued pursuant to this section, regardless of lease size, given a cultivation plan is submitted to and approved by the department.

2011-A7120A (ACTIVE) - Bill Text download pdf 

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

    S. 4604--A                                            A. 7120--A
    Cal. No. 1041

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             April 13, 2011
                               ___________

IN  SENATE  -- Introduced by Sens. LAVALLE, MARCELLINO -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Environmental  Conservation -- reported favorably from said committee,
  ordered to first report, amended on first report, ordered to a  second
  report,  and  to  be  reprinted as amended, retaining its place in the
  order of second report

IN ASSEMBLY -- Introduced by M. of A. THIELE, MURRAY,  GRAF,  LOSQUADRO,
  RAIA  --  Multi-Sponsored  by -- M. of A. FITZPATRICK -- read once and
  referred 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
  authorizing the use of mechanical harvesting gear, including hydraulic
  dredges within the entire boundary of a  lease,  regardless  of  lease
  size, given a cultivation plan is made available

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

  Section 1. Subdivision 6  of  section  13-0302  of  the  environmental
conservation  law,  as  added  by  chapter  425  of the laws of 2004, is
amended to read as follows:
  6. Department authority. Notwithstanding any of the provisions of this
section:
  a. any person engaging in the cultivation or harvesting  of  shellfish
in  a shellfish cultivation zone pursuant to this section shall obtain a
permit in accordance with section 13-0316 of this title; [and]
  b. the department shall regulate and control the use of certain  types
of  vessels  and  equipment  for  harvesting shellfish, requirements for
reseeding, the right to enter upon such leased lands  for  reseeding  or
making  shellfish  population  surveys, and enforce all other applicable
state laws relating to said underwater lands; AND

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

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