NY State Senate Bill 2013-S5738B

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	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
Jun 17, 2013	ordered to third reading cal.1408 committee discharged and committed to rules
Jun 11, 2013	print number 5738a
Jun 11, 2013	amend and recommit to environmental conservation
Jun 10, 2013	referred to environmental conservation

Votes

- Jun 21, 2013 - Floor Vote
  S5738B
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 21, 2013
      
      aye (63)
      
      Adams
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
  Jun 17, 2013 - Rules Committee Vote
  S5738B
  
  23
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 17, 2013
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Perkins
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Gianaris
      
      excused (1)
      
      Parker

Bill Amendments

Original

B (Active)

2013-S5738 - Details

See Assembly Version of this Bill:: A7999
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §13-0309, En Con L; amd §2, Chap 158 of 2011

2013-S5738 - Summary

Relates to the regulation of surf clams/ocean quahogs.

2013-S5738 - Sponsor Memo

                                BILL NUMBER:S5738

TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to regulations 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

PURPOSE OR GENERAL IDEA OF BILL: To continue to allow surf clams and
ocean quahogs to be cooperatively harvested, to require participants
to notify the department of environmental conservation about their
intent to cooperatively harvest, to restrict cooperative harvesting to
no more than four permits per vessel, and to clarify that there is no
requirement that an individual fishing quota be tied to a vessel.

SUMMARY OF SPECIFIC PROVISIONS:

Section One amends subdivision 15 of the section 13-0309 of the
environmental conservation law, to provide additional notification
requirements for those engaging in the cooperative harvesting of surf
clams. New subdivision (f) allows the department of environmental
conservation to promulgate a rule or regulation requiring those
engaging in cooperative harvesting to file a form notifying the
department of their intent cooperatively harvest, prior to
commencement. New subdivision (g) authorizes the department of
environmental conservation to promulgate a rule or regulation limiting

cooperative harvesting, so that no more than four permits can be
cooperatively harvested from the same vessel. New subdivision (h)
clarifies that there is no requirement to identify an individual
fishing quota to a vessel as a condition of application or holding a
permit.

Section Two adds a new section 13-0309 to the environmental
conservation law, retaining current law authorizing the department of
environmental conservation to adopt specified restrictions limiting
cooperative harvesting, until such time that the department implements
a comprehensive long-term management plan for the protection of surf
clams and ocean quahogs in New York waters. This additional authority
is set to expire December 31, 2013.

Section Three amends section 2 of chapter 158 of the laws of 2011, to
continue to allow the cooperative harvesting of surf clams and ocean
quahogs in New York waters.

Section Four is the effective date.

JUSTIFICATION:  In 2011, the legislature unanimously passed a
cooperative harvesting law for the surf clam and ocean quahog fishery.
The enactment of the 2011 legislation has made the harvesting of this
fishery more economical, safer and sustainable. The 2011 legislation
not only increased the monetary value of all permits, but also helped
keep several independent companies in business.

Prior to the enactment of the cooperative harvesting legislation, the
surf clam/ocean quahog industry saw a reduction in harvest quotas by
the Department. That reduction, combined with increased fuel and
insurance costs, placed significant economic pressures on all


harvesting companies. These pressures resulted in a reduction of the
profitability of individual permits. The decreased profitability of
single permits caused a number of independent harvesters to sell off
their companies.

Chapter 158 of 2011, which provided for the cooperative harvesting of
surf clams and ocean quahogs has not only made the industry
economically sustainable, but it has actually increased safety and
efficiency. Since the 2011 law became effective, the industry has
worked cooperatively to harvest their allocations, and independent
companies that were formerly not harvesting due to poor economic
conditions, are now doing so. By making the cooperative harvesting law
permanent, but granting the department additional authority so that
they can track industry operations and limit the number of permits
being cooperatively harvested to four permits per vessel, we can
ensure the continued operation and success of the surf clam/ ocean
quahog industry in our state.

Finally, this bill would clarify that there is no requirement that
companies that are cooperatively harvesting, maintain their unused
vessels in order to retain their right to a permit. Several
independent companies, including Capt. Jack's Clam Products, Edgar
Seafood Products Inc., Fernandez and Family Inc., and Verbeke Inc.,
have made this request to save money and better afford to stay in
business. Not only is this requirement without basis in protecting
environmental resources, but it is not economical to require an
industry that is already struggling to maintain and invest in vessels
for which they have no intention of using. Aging and unusable vessels
being left in marinas for the sole purpose of "parking" a permit could
prove damaging to the environment. For both economic and environmental
reasons, best practices would suggest that aging and unusable vessels
should be removed from our waters.

PRIOR LEGISLATIVE HISTORY: Chapter 158 of 2011.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

2013-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

S. 5738                             2

  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;
  G. THE DEPARTMENT MAY PROMULGATE A RULE OR REGULATION LIMITING COOPER-
ATIVE HARVESTING TO NO MORE THAN FOUR PERMITS PER VESSEL; AND
  H.  THERE  SHALL BE NO REQUIREMENT TO IDENTIFY AN IFQ TO A VESSEL AS A
CONDITION OF APPLICATION OR HOLDING OF A PERMIT.
  S 2. Section 13-0309 of the environmental conservation law is  amended
by adding a new subdivision 17 to read as follows:
  17. UNLESS AND UNTIL REGULATIONS ARE ADOPTED IMPLEMENTING A COMPREHEN-
SIVE  LONG-TERM  MANAGEMENT  PLAN  FOR  THE PROTECTION OF SURF CLAMS AND
OCEAN QUAHOGS IN NEW YORK WATERS, 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.
  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]; PROVIDED,  HOWEVER,
THAT  SUBDIVISION 16 OF SECTION 13-309 OF THE ENVIRONMENTAL CONSERVATION
LAW AS ADDED BY SECTION ONE OF THIS  ACT  shall  expire  and  be  deemed
repealed December 31, 2013.
  S 4. This act shall take effect immediately.

2013-S5738A - Details

See Assembly Version of this Bill:: A7999
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §13-0309, En Con L; amd §2, Chap 158 of 2011

2013-S5738A - Summary

Relates to the regulation of surf clams/ocean quahogs.

2013-S5738A - Sponsor Memo

                                BILL NUMBER:S5738A

TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to regulations 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

PURPOSE OR GENERAL IDEA OF BILL:

To continue to allow surf clams and ocean quahogs to be cooperatively
harvested, to require participants to notify the department of
environmental conservation about their intent to cooperatively
harvest, to restrict cooperative harvesting to no more than four
permits per vessel, and to clarify that there is no requirement that
an individual fishing quota be tied to a vessel.

SUMMARY OF SPECIFIC PROVISIONS:

Section One amends subdivision 15 of the section 13-0309 of the
environmental conservation law, to provide additional notification
requirements for those engaging in the cooperative harvesting of surf
clams. New subdivision (1) allows the department of environmental
conservation to promulgate a rule or regulation requiring those
engaging in cooperative harvesting to file a form notifying the
department of their intent cooperatively harvest, prior to

commencement. New subdivision (g) authorizes the department of
environmental conservation to promulgate a rule or regulation limiting
cooperative harvesting, so that no more than four permits can be
cooperatively harvested from the same vessel. New subdivision (h)
clarifies that there is no requirement to identify an individual
fishing quota to a vessel as a condition of application or holding a
permit.

Section Two amends section 2 of chapter 158 of the laws of 2011, to
continue to allow the cooperative harvesting of surf clams and ocean
quahogs in New York waters.

Section Three is the effective date.

JUSTIFICATION:

In 2011, the legislature unanimously passed a cooperative harvesting
law for the surf clam and ocean quahog fishery. The enactment of the
2011 legislation has made the harvesting of this fishery more
economical, safer and sustainable. The 2011 legislation not only
increased the monetary value of all permits, but also helped keep
several independent companies in business.

Prior to the enactment of the cooperative harvesting legislation, the
surf clam/ocean quahog industry saw a reduction in harvest quotas by
the Department. That reduction, combined with increased fuel and
insurance costs, placed significant economic pressures on all
harvesting companies. These pressures resulted in a reduction of the
profitability of individual permits. The decreased profitability of
single permits caused a number of independent harvesters to sell off
their companies.


Chapter 158 of 2011, which provided for the cooperative harvesting of
surf clams and ocean quahogs has not only made the industry
economically sustainable, but it has actually increased safety and
efficiency. Since the 2011 law became effective, the industry has
worked cooperatively to harvest their allocations, and independent
companies that were formerly not harvesting due to poor economic
conditions, are now doing so. By making the cooperative harvesting law
permanent, but granting the department additional authority so that
they can track industry operations and the authority to limit the
number of permits being cooperatively harvested to four permits per
vessel, we can ensure the continued operation and success of the surf
clam/ocean quahog industry in our state.

Finally, this bill would clarify that there is no requirement that
companies that are cooperatively harvesting, maintain their unused
vessels in order to retain their right to a permit. Several
independent companies, including Capt. Jack's Clam Products, Edgar
Seafood Products Inc., Fernandez and Family Inc., and Verbeke Inc.,
have made this request to save money and better afford to stay in
business. Not only is this requirement without basis in protecting
environmental resources, but it is not economical to require an
industry that is already struggling to maintain and invest in vessels
for which they have no intention of using. Aging and unusable vessels
being left in marinas for the sole purpose of "parking" a permit could
prove damaging to the environment. For both economic and environmental
reasons, best practices would suggest that aging and unusable vessels
should be removed from our waters.

PRIOR LEGISLATIVE HISTORY:

Chapter 158 of 2011.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

2013-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

S. 5738--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;
  G. THE DEPARTMENT MAY PROMULGATE A RULE OR REGULATION LIMITING COOPER-
ATIVE HARVESTING TO NO MORE THAN FOUR PERMITS PER VESSEL; AND
  H. THERE SHALL BE NO REQUIREMENT TO IDENTIFY AN IFQ TO A VESSEL  AS  A
CONDITION OF APPLICATION OR HOLDING OF A PERMIT.
  S  2.  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]; PROVIDED, HOWEVER,
THAT SUBDIVISION 16 OF SECTION 13-0309 OF THE ENVIRONMENTAL CONSERVATION
LAW AS ADDED BY SECTION ONE OF THIS  ACT  shall  expire  and  be  deemed
repealed December 31, 2013.
  S 3. This act shall take effect immediately.

2013-S5738B (ACTIVE) - Details

See Assembly Version of this Bill:: A7999
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §13-0309, En Con L; amd §2, Chap 158 of 2011

2013-S5738B (ACTIVE) - Summary

Relates to the regulation of surf clams/ocean quahogs.

2013-S5738B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5738B              REVISED 6/17/13

TITLE OF BILL:  An act to amend the environmental conservation law, in
relation  to  regulations  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

PURPOSE OR GENERAL IDEA OF BILL:  To continue to allow surf clams  and
ocean  quahogs  to be cooperatively harvested, to require participants
to notify the department of  environmental  conservation  about  their
intent to cooperatively harvest, to restrict cooperative harvesting to
no  more than four permits per vessel, and to clarify that there is no
requirement that an individual fishing quota be tied to a vessel.

SUMMARY OF PROVISIONS:

Section One amends subdivision  15  of  the  section  13-0309  of  the
environmental  conservation  law,  to  provide additional notification
requirements for those engaging in the cooperative harvesting of  surf
clams  New  subdivision  (f)  allows  the  department of environmental
conservation to  promulgate  a  rule  or  regulation  requiring  those
engaging  in  cooperative  harvesting  to  file  a  form notifying the
department  of  their   intent   cooperatively   harvest,   prior   to
commencement.   New  subdivision  (g)  authorizes  the  department  of
environmental conservation to promulgate a rule or regulation limiting

cooperative harvesting, so that no  more  than  four  permits  can  be
cooperatively harvested from the same vessel.

Section  Two  adds  a  new  paragraph (c) to subdivision 16 of section
13-0309 of the  environmental  conservation  law,  providing  that  no
further  consolidation  of Individual Fishing Quotas shall occur after
December 31, 2013.

Section Three amends section 2 of chapter 158 of the laws of 2011,  to
continue  to  allow the cooperative harvesting of surf clams and ocean
quahogs in New York waters.

Section Four is the effective date.

JUSTIFICATION:

In 2011, the legislature unanimously passed a  cooperative  harvesting
law  for  the surf clam and ocean quahog fishery. The enactment of the
2011  legislation  has  made  the  harvesting  of  this  fishery  more
economical,  safer  and  sustainable.  The  2011  legislation not only
increased the monetary value of all  permits,  but  also  helped  keep
several independent companies in business.

Prior  to the enactment of the cooperative harvesting legislation, the
surf clam/ocean quahog industry saw a reduction in harvest  quotas  by
the  Department.  That  reduction,  combined  with  increased fuel and
insurance  costs,  placed  significant  economic  pressures   on   all
harvesting  companies.  These pressures resulted in a reduction of the
profitability of individual permits. The  decreased  profitability  of
single  permits  caused a number of independent harvesters to sell off
their companies.


Chapter 158 of 2011, which provided for the cooperative harvesting  of
surf   clams  and  ocean  quahogs  has  not  only  made  the  industry
economically sustainable, but it has  actually  increased  safety  and
efficiency.  Since  the  2011  law  became effective, the industry has
worked  cooperatively  to  harvest  their allocations, and independent
companies that were formerly  not  harvesting  due  to  poor  economic
conditions, are now doing so. By making the cooperative harvesting law
permanent,  but  granting  the department additional authority so that
they can track industry operations and  the  authority  to  limit  the
number  of  permits  being cooperatively harvested to four permits per
vessel, we can ensure the continued operation and success of the  surf
clam/ ocean quahog industry in our state.

PRIOR LEGISLATIVE HISTORY: Chapter 158 of 2011.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

2013-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

S. 5738--B                          2

  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[.] ;
  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.

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Senate Bill S5738B

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Jun 21, 2013 - Floor Vote

Floor Vote: Jun 21, 2013

Jun 17, 2013 - Rules Committee Vote

Rules Committee Vote: Jun 17, 2013

Bill Amendments

2013-S5738 - Details

2013-S5738 - Summary

2013-S5738 - Sponsor Memo

2013-S5738 - Bill Text download pdf

2013-S5738A - Details

2013-S5738A - Summary

2013-S5738A - Sponsor Memo

2013-S5738A - Bill Text download pdf

2013-S5738B (ACTIVE) - Details

2013-S5738B (ACTIVE) - Summary

2013-S5738B (ACTIVE) - Sponsor Memo

2013-S5738B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5738B

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Sponsored By

Lee M. Zeldin

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

2013-S5738 - Details

2013-S5738 - Summary

2013-S5738 - Sponsor Memo

2013-S5738 - Bill Text download pdf

2013-S5738A - Details

2013-S5738A - Summary

2013-S5738A - Sponsor Memo

2013-S5738A - Bill Text download pdf

2013-S5738B (ACTIVE) - Details

2013-S5738B (ACTIVE) - Summary

2013-S5738B (ACTIVE) - Sponsor Memo

2013-S5738B (ACTIVE) - Bill Text download pdf

Comments