senate Bill S5738A

2013-2014 Legislative Session

Relates to the regulation of surf clams/ocean quahogs

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to environmental conservation
returned to senate
died in assembly
Jun 24, 2013 referred to environmental conservation
Jun 21, 2013 delivered to assembly
passed senate
Jun 17, 2013 amended on third reading 5738b
ordered to third reading cal.1408
Jun 17, 2013 committee discharged and committed to rules
Jun 11, 2013 print number 5738a
amend and recommit to environmental conservation
Jun 10, 2013 referred to environmental conservation

Votes

view votes

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S5738 - Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0309, En Con L; amd §2, Chap 158 of 2011

S5738 - Summary

Relates to the regulation of surf clams/ocean quahogs.

S5738 - Sponsor Memo

S5738 - Bill Text download pdf

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

                                  5738

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 10, 2013
                               ___________

Introduced  by  Sen.  ZELDIN -- 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 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[.] ;
  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.
                                                           LBD11415-07-3

S5738A - Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0309, En Con L; amd §2, Chap 158 of 2011

S5738A - Summary

Relates to the regulation of surf clams/ocean quahogs.

S5738A - Sponsor Memo

S5738A - Bill Text download pdf

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

                                 5738--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 10, 2013
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed 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.
                                                           LBD11415-08-3

S5738B (ACTIVE) - Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0309, En Con L; amd §2, Chap 158 of 2011

S5738B (ACTIVE) - Summary

Relates to the regulation of surf clams/ocean quahogs.

S5738B (ACTIVE) - Sponsor Memo

S5738B (ACTIVE) - Bill Text download pdf

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

                                 5738--B
    Cal. No. 1408

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 10, 2013
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted  to  said  committee -- committee discharged and said
  bill committed to the Committee on Rules -- ordered to a  third  read-
  ing,  amended  and ordered reprinted, retaining its place in the order
  of third reading

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[.] ;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
S                                                          LBD11415-11-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.