Assembly Bill A7895

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

                                  7895

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 7, 2013
                               ___________

Introduced  by M. of A. SWEENEY, WEISENBERG -- read once and referred to
  the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation  to  the
  management  of  the American lobster; to amend chapter 211 of the laws
  of 2008 amending the environmental conservation law  relating  to  the
  management  of  American  lobsters,  in  relation to the effectiveness
  thereof; to repeal section 2 of such chapter relating to  the  manage-
  ment  of  American  lobsters;  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.  Paragraph  d  of  subdivision 5 of section 13-0329 of the
environmental conservation law, as added by chapter 357 of the  laws  of
1998, is amended to read as follows:
  d.  The  landing or possession, IN THE MARINE DISTRICT, of lobster, or
parts thereof, not in the shell, detached lobster tails or claws, or any
other part of a lobster that has been separated from the lobster BY  ANY
PERSON WHO HAS A LOBSTER PERMIT ISSUED BY THE STATE is prohibited. [This
prohibition applies to any lobstermen licensed by the state.]
  S  2. Section 13-0329 of the environmental conservation law is amended
by adding a new subdivision 17 to read as follows:
  17. A. NO LOBSTER MAY BE TAKEN FROM ATLANTIC STATES  MARINE  FISHERIES
COMMISSION AREA SIX FROM SEPTEMBER EIGHTH THROUGH NOVEMBER TWENTY-EIGHTH
PURSUANT  TO  THE  RECOMMENDATIONS  OF  THE  AREA'S LOBSTER CONSERVATION
MANAGEMENT TEAM AS REQUIRED BY THE INTERSTATE FISHERY PLAN FOR  LOBSTERS
ADOPTED BY THE ATLANTIC STATES MARINE FISHERIES COMMISSION.
  B. DURING THE SEPTEMBER EIGHTH THROUGH NOVEMBER TWENTY-EIGHTH CLOSURE,
LOBSTER  PERMIT  HOLDERS  WHO  USE  LOBSTER  TRAPS  OR POTS SHALL REMOVE
LOBSTER TRAPS AND POTS FROM THE WATER BY SEPTEMBER TWENTY-SECOND.
  C. NO LOBSTER  TRAP  OR  POT  MAY  BE  IN  THE  WATER  FROM  SEPTEMBER
TWENTY-SECOND UNTIL NOVEMBER FOURTEENTH UNLESS THE LOBSTER PERMIT HOLDER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11104-02-3
              

A. 7895                             2

ALSO  HOLDS  A  PERMIT  OR LICENSE THAT AUTHORIZES THEM TO HARVEST OTHER
SPECIES FROM THEIR LOBSTER TRAPS OR POTS.
  D.  LOBSTER  PERMIT  HOLDERS  MAY  SET  UNBAITED LOBSTER TRAPS OR POTS
BEGINNING NOVEMBER FOURTEENTH.
  E. LOBSTER PERMIT HOLDERS MAY SET BAITED LOBSTER TRAPS OR POTS  BEGIN-
NING NOVEMBER TWENTY-FIRST.
  S  3.  Section 2 of chapter 211 of the laws of 2008 amending the envi-
ronmental conservation  law  relating  to  the  management  of  American
lobsters is REPEALED.
  S  4.  Section 3 of chapter 211 of the laws of 2008 amending the envi-
ronmental conservation  law  relating  to  the  management  of  American
lobsters is amended to read as follows:
  S  3.  This act shall take effect July 1, 2008[; provided however that
section two of this act shall take effect on the effective  date  of  an
alternative conservation-equivalent plan approved by the Atlantic States
Marine Fisheries Commission which achieves equivalent conservation value
in  place  of  the required three and three-eighths inches minimum gauge
length for American lobster in Atlantic States Marine Fisheries  Commis-
sion  Lobster  Conservation Management Area 6, provided that the commis-
sioner of environmental conservation shall notify the  legislative  bill
drafting  commission of the effective date of such alternative conserva-
tion - equivalent plan in order that  the  commission  may  maintain  an
accurate and timely effective data base of the official text of the laws
of  the  state  of  New  York  in furtherance of effecting provisions of
section 44 of the legislative law and section 70-b of the  public  offi-
cers law].
  S  5.  This  act shall take effect on the thirtieth day after it shall
have become a law and shall expire and be  deemed  repealed  January  1,
2016.