S T A T E O F N E W Y O R K
________________________________________________________________________
6306
2015-2016 Regular Sessions
I N A S S E M B L Y
March 20, 2015
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Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
taking of surf clams and ocean quahogs for commercial purposes
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 13-0349 of the environmental
conservation law, as amended by chapter 485 of the laws of 2010, is
amended to read as follows:
1. No person shall take food fish, shellfish, or crustacea from the
waters of the marine and coastal district for commercial purposes using
a commercial fishing vessel longer than seventy feet in registered
length; PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS SECTION SHALL NOT
APPLY TO VESSELS USED TO TAKE SURF CLAMS OR OCEAN QUAHOGS BY MECHANICAL
MEANS FROM THE WATERS OF THE ATLANTIC OCEAN, PROVIDED THAT SUCH VESSELS
ARE EQUAL TO OR LESS THAN NINETY FEET IN LENGTH AS DOCUMENTED BY THE
U.S. COAST GUARD PURSUANT TO TITLE 46 C.F.R. PART 67. For purposes of
this section a person shall be presumed to be taking food fish, shellf-
ish or crustacea for commercial purposes when setting, maintaining,
operating or using nets, except seines not larger than thirty feet long
or four feet deep or lift nets not larger than sixteen square feet;
traps, except bait traps not more than thirty inches in length; combs;
dredges; pots; or hook and line, except by angling.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10015-01-5