S T A T E O F N E W Y O R K
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7999--A
2013-2014 Regular Sessions
I N A S S E M B L Y
June 14, 2013
___________
Introduced by M. of A. THIELE -- 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 regu-
lations on surf clams/ocean quahogs; and to amend chapter 158 of the
laws of 2011 amending the environmental conservation law relating to
the harvesting of surf clams and ocean quahogs, in relation to making
certain provisions permanent
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 amended by chapter 158 of the laws of 2011, is
amended 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[.] ;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11415-12-3
A. 7999--A 2
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[.] ;
e. Nothing herein described shall alter the daily, weekly or annual
catch limits obtainable by any IFQ holder within the fishery[.];
F. THE DEPARTMENT MAY PROMULGATE A RULE OR REGULATION REQUIRING THOSE
ENGAGING IN COOPERATIVE HARVESTING TO FILE A FORM NOTIFYING THE DEPART-
MENT PRIOR TO COMMENCEMENT, PROVIDED HOWEVER, NOTHING IN THIS SECTION
SHALL AUTHORIZE THE DEPARTMENT TO DISAPPROVE ANY SUBMISSION THAT
COMPLIES WITH THE PROVISIONS OF THIS SECTION; AND
G. THE DEPARTMENT MAY PROMULGATE A RULE OR REGULATION LIMITING COOPER-
ATIVE HARVESTING TO NO MORE THAN FOUR PERMITS PER VESSEL.
S 2. Subdivision 16 of section 13-0309 of the environmental conserva-
tion law is amended by adding a new paragraph c to read as follows:
C. THE CONSOLIDATION OF IFQS IS PROHIBITED FOR ANY VESSEL WHICH WAS
NOT CONSOLIDATED AS OF DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTEEN.
S 3. Section 2 of chapter 158 of the laws of 2011 amending the envi-
ronmental conservation law relating to the harvesting of surf clams and
ocean quahogs, is amended to read as follows:
S 2. This act shall take effect immediately [and shall expire and be
deemed repealed December 31, 2013].
S 4. This act shall take effect immediately.