assembly Bill A5347A

Signed By Governor
2011-2012 Legislative Session

Relates to harvesting surf clams and ocean quahogs

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Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (17)
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 16, 2011 referred to rules
delivered to senate
passed assembly
ordered to third reading rules cal.329
rules report cal.329
reported
Jun 15, 2011 reported referred to rules
Jun 06, 2011 print number 5347a
Jun 06, 2011 amend (t) and recommit to codes
reported referred to codes
Feb 16, 2011 referred to environmental conservation

Co-Sponsors

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A5347 - Details

See Senate Version of this Bill:
S4072A
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0309, En Con L

A5347 - Summary

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

A5347 - Bill Text download pdf

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

                                  5347

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 16, 2011
                               ___________

Introduced  by  M.  of  A. THIELE, FITZPATRICK, MONTESANO, MURRAY, RAIA,
  SALADINO -- read once and referred 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conservation  law  is  REPEALED  and  two new subdivisions 15 and 16 are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

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A5347A (ACTIVE) - Details

See Senate Version of this Bill:
S4072A
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0309, En Con L

A5347A (ACTIVE) - Summary

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

A5347A (ACTIVE) - Bill Text download pdf

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

                                 5347--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 16, 2011
                               ___________

Introduced by M. of A. THIELE, FITZPATRICK, MONTESANO, MURRAY, SALADINO,
  LAVINE,  ENGLEBRIGHT  --  read  once  and referred to the Committee on
  Environmental Conservation -- reported and referred to  the  Committee
  on  Codes  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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
person's permit by the  department.]  COOPERATIVE  HARVESTING.  NOTWITH-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06312-03-1

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