senate Bill S4072A

Signed By Governor
2011-2012 Legislative Session

Relates to harvesting surf clams and ocean quahogs

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A5347 -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 20, 2011 signed chap.158
Jul 08, 2011 delivered to governor
Jun 17, 2011 returned to assembly
passed senate
3rd reading cal.435
substituted for s4072a
Jun 17, 2011 substituted by a5347a
Jun 07, 2011 amended on third reading (t) 4072a
May 09, 2011 advanced to third reading
May 04, 2011 2nd report cal.
May 03, 2011 1st report cal.435
Mar 16, 2011 referred to environmental conservation

Co-Sponsors

S4072 - Details

See Assembly Version of this Bill:
A5347A
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0309, En Con L

S4072 - Summary

Relates to permits to mechanically harvest surf clams and ocean quahogs from New York's waters of the Atlantic Ocean.

S4072 - Sponsor Memo

S4072 - Bill Text download pdf

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

                                  4072

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 16, 2011
                               ___________

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

AN  ACT  to amend the environmental conservation law, in relation to the
  harvesting of surf clams and  ocean  quahogs  and  to  repeal  certain
  provisions of such law relating thereto

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

  Section 1. Subdivision 15 of  section  13-0309  of  the  environmental
conservation  law  is  REPEALED  and  two new subdivisions 15 and 16 are
added to read as follows:
  15. COOPERATIVE HARVESTING. NOTWITHSTANDING  ANY  OTHER  PROVISION  OF
THIS  CHAPTER  OR RULE OR REGULATION, PERSONS HOLDING HARVESTING PERMITS
IN NEW YORK'S ATLANTIC OCEAN SURF CLAM/OCEAN QUAHOG FISHERY  ARE  HEREBY
AUTHORIZED TO COOPERATIVELY HARVEST ANY PORTION OF THE PERSON'S INDIVID-
UAL FISHING QUOTA (IFQ) BY USE OF ANY VESSEL THAT IS ELIGIBLE TO HARVEST
SHELLFISH IN THE FISHERY, SUBJECT TO THE FOLLOWING:
  A.  SUCH  COOPERATIVE  HARVESTING SHALL COMPLY WITH DAILY CATCH LIMITS
ESTABLISHED FOR THE FISHERY BY THE DEPARTMENT  WHICH  SHALL  BE  COUNTED
AGAINST  BOTH  THE IFQ HOLDER VESSEL'S AND THE HARVESTING VESSEL'S DAILY
CATCH LIMITS.
  B. THE HARVESTING VESSEL USED TO CATCH SUCH  IFQ  OR  PORTION  THEREOF
SHALL  BE  IDENTIFIED TO THE DEPARTMENT IN BOTH THE IFQ HOLDER'S AND THE
HARVESTING VESSEL'S REPORT TO THE DEPARTMENT.
  C. IN COOPERATIVE HARVESTING THERE SHALL BE NO  REQUIREMENT  THAT  THE
CAPTAIN  OF  THE  IFQ  HOLDER'S VESSEL BE ON BOARD THE HARVESTING VESSEL
DURING HARVESTING.
  D. IN COOPERATIVE HARVESTING THE IFQ HOLDER WILL PROVIDE  THE  CAPTAIN
OF THE HARVESTING VESSEL WITH SUCH CAGE TAGS AS ARE NECESSARY TO ACCOUNT
FOR THE HARVEST ATTRIBUTABLE TO SUCH IFQ HOLDER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06312-02-1

Co-Sponsors

S4072A (ACTIVE) - Details

See Assembly Version of this Bill:
A5347A
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0309, En Con L

S4072A (ACTIVE) - Summary

Relates to permits to mechanically harvest surf clams and ocean quahogs from New York's waters of the Atlantic Ocean.

S4072A (ACTIVE) - Sponsor Memo

S4072A (ACTIVE) - Bill Text download pdf

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

                                 4072--A
    Cal. No. 435

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 16, 2011
                               ___________

Introduced  by  Sens. ZELDIN, JOHNSON, LAVALLE, MARCELLINO -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Environmental Conservation -- reported favorably from said  commit-
  tee,  ordered  to first and second report, ordered to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

AN  ACT  to amend the environmental conservation law, in relation to the
  harvesting of surf clams and ocean  quahogs;  and  providing  for  the
  repeal of such provisions upon the expiration thereof

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

  Section 1. Subdivision 15 of  section  13-0309  of  the  environmental
conservation law, as added by chapter 512 of the laws of 1994, paragraph
a  as  amended  by chapter 323 of the laws of 1999, is amended and a new
subdivision 16 is added to read as follows:
  15. [Unless and until regulations are adopted implementing  a  compre-
hensive  long-term  management plan for the protection of surf clams and
ocean quahogs in New York waters prepared in conjunction with  the  surf
clam/ocean quahog management advisory board pursuant to section 13-0308,
of this title, the following restrictions shall apply in addition to any
consistent regulations adopted prior to the date upon which such section
shall take effect:
  a. a weekly catch limit not to exceed twenty-eight cages;
  b. an annual catch limit in certified waters of the Atlantic Ocean for
surf clams not to exceed five hundred thousand bushels in the aggregate;
  c.  an  annual catch limit in certified waters other than the Atlantic
Ocean for surf clams not to exceed fifty thousand bushels in the  aggre-
gate; and
  d.  requiring  permittees  to  report  on a weekly basis the number of
bushels harvested in the previous seven day period, and provide that the
failure to file such weekly report may result in the revocation of  such

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

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