NY State Senate Bill 2015-S7192

Archive: Last Bill Status - In Senate Committee Rules 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
Jun 17, 2016	committed to rules
May 05, 2016	advanced to third reading
May 04, 2016	2nd report cal.
May 03, 2016	1st report cal.633
Apr 06, 2016	referred to environmental conservation

Votes

- May 3, 2016 - Environmental Conservation Committee Vote
  S7192
  
  12
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: May 3, 2016
      
      aye (12)
      
      Addabbo Jr.
      
      Avella
      
      Espaillat
      
      Funke
      
      Hoylman-Sigal
      
      Latimer
      
      Little
      
      Marcellino
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Young
      
      nay (1)
      
      LaValle

2015-S7192 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Amd En Con L, generally

2015-S7192 (ACTIVE) - Summary

Permits the management of certain marine species by orders of the department of environmental conservation.

2015-S7192 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7192

 TITLE OF BILL :  An act to amend the environmental conservation law,
in relation to the management of certain marine species by order, crab
permits, and whelk sales

1. PURPOSE :

The purpose of this bill is amend the Fish and Wildlife Law to allow
the Department of Environmental Conservation (DEC) to: (i) issue
orders to implement changes consistent with federal fishery management
plans and set timely changes to the State's open and closed seasons
and size, catch and possession limits for striped bass, bluefish,
weakfish, fluke, winter flounder, black fish, scup, black sea bass,
and lobster; (ii) equalize lobster and crab permits regarding licensee
presence on vessels; and (iii) require whelk sales to be conducted by
licensed dealers.

2. SUMMARY OF PROVISIONS :

Section 1 of this bill would amend Environmental Conservation Law
(ECL) § 11-0303(2) to provide DEC with authority to issue orders for
the management of striped bass consistent with ASMFC fishing
management requirements.

Section 2 of this bill would amend ECL § 13-0105(2) to provide DEC

with authority to issue orders for the purpose of establishing size,
catch and possession limits and open and closed seasons necessary to
implement applicable interstate or state-federal interjurisdictional
management plans for marine fish, mollusks or crustaceans and to
consult with recreational and commercial fishing interests prior to
such adoption. DEC would be required to post notice of requirements
adopted by order by press release and any other appropriate and
effective means, including posting on DEC's website.

Section 3 of this bill would amend ECL § 13-0329(16) to provide DEC
with authority to issue orders to implement conservation measures that
affect landings of lobsters, pursuant to the recommendations of the
respective Area's Lobster Conservation Management Team as required by
the Interstate Fishery Management Plan for American Lobster adopted by
the ASMFC.

Section 4 of this bill makes conforming changes to ECL § 13-0339.

Section 5 of this bill would amend ECL § 13-0340 to provide DEC with
authority to issue orders for the management of bluefish.

Section 6 of this bill would amend ECL § 13-0340-a to provide DEC with
authority to issue orders for the management of weakfish.

Section 7 of this bill would amend ECL § 13-0340-b to provide DEC with
authority to issue orders for the management of fluke or summer
flounder.

Section 8 of this bill would amend ECL § 13-0340-c to provide the DEC
with authority to issue orders for the management of winter flounder.

Section 9 of this bill would amend ECL § 13-0340-d to provide DEC with
authority to issue orders for the management of blackfish or tautog.

Section 10 of this bill would amend ECL § 13-0340-e to provide DEC
with authority to issue orders for the management of scup.

Section 11 of this bill would amend ECL § 13-0340-f to provide DEC
with authority to issue orders for the management of black sea bass.

Section 12 of this bill would amend ECL § 13-0331 to clarify that the
permit holder must be present and on board a vessel when crab fishing
gear is being used.

Section 13 of this bill would add a new section ECL § 13-0334 to
require persons who purchase whelk or conch directly from a harvester
for the purpose of resale, trade or barter, shipping, transport, or
other traffic to obtain a marine food fish and crustaceans dealers and
shipper's license.

Section 14 of this bill would make it effective immediately, but the
amendments made by sections 12 and 13 of this act would take effect on
January 1, 2017.

3. EXISTING LAW :

ECL § 11-0303(3) grants DEC regulatory authority for striped bass.

ECL § 13-0105(2) requires DEC to directly identify and consult with
recreational and commercial fisheries prior to proposing regulations
for the management of marine fish, mollusks and crustaceans, including
consultation with MRAC. No such consultation is necessary prior to
proposing emergency regulations.

ECL § 13-0329(16) grants DEC regulatory authority for lobsters in
ASMFC Areas One, Two, Three, Four, Five and Outer Cape.

Subdivisions 1, 2 and 3 of ECL § 13-0339 outline the basis of DEC's
authority to regulate (1) the taking of fish in the marine and coastal
district; (2) open seasons, minimum size limits and catch limits for
fish; and (3) the sale, possession and transport of fish.

ECL § 13-0340 grants DEC regulatory authority for bluefish. ECL §
13-0340-a grants DEC regulatory authority for weakfish. ECL §
13-0340-b grants DEC regulatory authority for fluke-summer flounder.
ECL § 13-0340-c grants DEC regulatory authority for winter flounder.
ECL § 13-0340-d grants DEC regulatory authority for blackfish. ECL §
13- 0340-e grants DEC regulatory authority for scup. ECL § 13-0340-f
grants DEC regulatory authority for black sea bass.

ECL § 13-0331 describes the requirements and restriction on the taking
of crabs for commercial purposes.

ECL § 13-0334 describes the requirements and restrictions on the
marine and coastal district food fish and crustacean dealers and
shippers license.

4. LEGISLATIVE HISTORY :

This is a new bill.

5. STATEMENT IN SUPPORT :

Changes to marine fisheries regulations, including season dates, are
set in accordance with the applicable requirements of interstate or
state-federal interjurisdictional management plans. For some species,
these change annually. However, changes to federal fishery management
plans historically have not been finalized until shortly before the
fishing season begins. There is no expectation that this timeline will
change because it is driven by annual conduct and analysis of
recreational survey data. As a result, DEC must issue emergency
regulations to conform State marine fisheries regulations to the
interjurisdictional management plans in time for opening day.

This proposal would allow DEC to issue Commissioner's Orders to
establish the size, catch and possession limits, and open and closed
seasons, for certain marine fish necessary to implement
interjurisdictional management plans, rather than requiring DEC to
annually issue emergency regulations. DEC would retain the option to
issue its own regulations, if it chooses to do so, provided that they
are no less restrictive than the federal regulations.

These management plans provide opportunity for public comment, and are
based on information and input received from a variety of
stakeholders. Therefore, providing an additional opportunity for
public comment through the rulemaking process is not necessary and
under the current scheme, since management is typically done by
emergency regulation, is not afforded until after the management plan
has been implemented. Other states, including Connecticut and New
Hampshire, currently have and utilize the authority to issue a
commissioner declaration when implementing interjurisdictional
management plans for certain marine fish managed under the Atlantic
States Marine Fisheries Compact.

Emergency regulations have been issued for shellfish and black sea
bass every year from 2010-2015; summer flounder every year from
2010-2014; winter flounder in 2010; scup in 2010, 2012, and 2013;
lobster in 2012, 2013, and 2014; striped bass in 2015; and tautog in
2012.

Currently, crab permit holders are not required to be on board a
vessel while the vessel is commercially harvesting crab. Also, it is
not clear in the law that the crab permit holder is the responsible
party for any permit violations of the endorsed vessel and in the case
of an emergency, that someone else can haul the crab permit holder's
gear. However, all of these provisions are included with a commercial
lobster permit. Both crab and lobster permits are subject to limited
entry and permit holders must meet income requirements. By addressing
this inconsistency in law, DEC can enhance understanding and
enforcement of rules and, in the case of emergency situations, prevent
a situation where gear is sitting in the water for weeks without being
checked, possibly resulting in unnecessary crab mortality and wasted
natural resources.

Lastly, this bill would require individuals who resell or ship whelk
or conch to have a dealers and shipper's license. Without the ability
to issue permits for this type of activity, DEC is unable to track and
adequately regulate the resale and shipping of whelk. This legislation
will provide DEC with information regarding all transactions of whelk
or conch to ensure the stability of this natural resource.

6. BUDGET IMPLICATIONS :

None.

7. LOCAL IMPACT :

This bill would have no impact on local governments.

8. EFFECTIVE DATE :
Section 14 of this bill would take effect immediately, but the
amendments made by sections 12 and 13 of this act would take effect on
January 1, 2017.

2015-S7192 (ACTIVE) - Bill Text download pdf

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

                                  7192

                            I N  S E N A T E

                              April 6, 2016
                               ___________

Introduced  by  Sen. O'MARA -- (at request of the Department of Environ-
  mental Conservation) -- 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 the
  management of certain marine species by order, crab permits, and whelk
  sales

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  3  of  section  11-0303 of the environmental
conservation law, as amended by chapter 193 of  the  laws  of  2015,  is
amended to read as follows:
  3. The department may, until December thirty-first, two thousand eigh-
teen,  fix by ORDER OR regulation measures for the management of striped
bass, including size limits,  catch  and  possession  limits,  open  and
closed  seasons,  closed areas, restrictions on the manner of taking and
landing, requirements for permits and eligibility therefor,  recordkeep-
ing  requirements, requirements on the amount and type of fishing effort
and gear, and requirements relating to  transportation,  possession  and
sale,  provided  that such regulations OR ORDERS are no less restrictive
than requirements set forth in this chapter and  provided  further  that
such  regulations  OR ORDERS are consistent with the compliance require-
ments of applicable fishery management plans  adopted  by  the  Atlantic
States  Marine  Fisheries  Commission  and with applicable provisions of
fishery management plans adopted pursuant to the Federal Fishery Conser-
vation and Management Act (16 U.S.C. S 1800 et seq.).  THE  COMMISSIONER
MAY  ISSUE  ORDERS  FOR  THE  PURPOSE  OF  ESTABLISHING  SIZE, CATCH AND
POSSESSION LIMITS AND OPEN AND CLOSED  SEASONS  NECESSARY  TO  IMPLEMENT
INTERSTATE OR STATE-FEDERAL INTERJURISDICTIONAL MANAGEMENT PLANS. NOTICE
OF  THE  REQUIREMENTS ADOPTED BY SUCH ORDER SHALL BE PROVIDED BY DEPART-
MENT PRESS RELEASE AND ANY OTHER MEANS THAT THE DEPARTMENT DETERMINES TO
BE APPROPRIATE AND EFFECTIVE,  INCLUDING  POSTING  ON  THE  DEPARTMENT'S
PUBLIC  WEBSITE AT LEAST 10 DAYS PRIOR TO THE EFFECTIVE DATE. SUCH ORDER
SHALL BE FILED IN THE COMMISSIONER'S OFFICE AND A CERTIFIED  COPY  SHALL
BE FILED IN THE OFFICE OF THE SECRETARY OF THE STATE.

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

                                                           LBD14171-01-6

S. 7192                             2

  S  2.  Subdivision 2 of section 13-0105 of the environmental conserva-
tion law, as added by chapter 365 of the laws of  1994,  is  amended  to
read as follows:
  2.  Prior  to  proposing  regulations  OR ORDERS for the management of
marine fish, mollusks (Phylum mollusca) or crustaceans (Class crustacea)
found in the marine and coastal district, the department shall  identify
recreational and commercial fisheries interests which may be affected by
the proposed regulations OR ORDERS and directly consult with such inter-
ests.    Such  consultation  may include, as appropriate, the conduct of
meetings with invited representatives  of  fisheries  interests,  public
information  meetings,  public  hearings, direct mailings of information
and public comment  solicitations,  and  publication  of  proposals  and
comment  solicitations  in  trade publications, and other measures. Such
consultation shall include a meeting with the marine resources  advisory
council.  No consultation shall be required prior to proposing emergency
regulations. THE COMMISSIONER MAY ISSUE ORDERS FOR THE PURPOSE OF ESTAB-
LISHING SIZE, CATCH AND POSSESSION LIMITS AND OPEN  AND  CLOSED  SEASONS
NECESSARY  TO  IMPLEMENT INTERSTATE OR STATE-FEDERAL INTERJURISDICTIONAL
MANAGEMENT PLANS. NOTICE OF THE REQUIREMENTS ADOPTED BY SUCH ORDER SHALL
BE PROVIDED BY DEPARTMENT PRESS RELEASE AND ANY  OTHER  MEANS  THAT  THE
DEPARTMENT DETERMINES TO BE APPROPRIATE AND EFFECTIVE, INCLUDING POSTING
ON THE DEPARTMENT'S PUBLIC WEBSITE AT LEAST TEN DAYS PRIOR TO THE EFFEC-
TIVE  DATE. SUCH ORDER SHALL BE FILED IN THE COMMISSIONER'S OFFICE AND A
CERTIFIED COPY SHALL BE FILED IN THE OFFICE  OF  THE  SECRETARY  OF  THE
STATE.
  S  3. Subdivision 16 of section 13-0329 of the environmental conserva-
tion law, as amended by chapter 132 of the laws of 2015, is  amended  to
read as follows:
  16.  The  department  may,  until  December thirty-first, two thousand
eighteen, adopt regulations OR ORDERS for Atlantic States Marine Fisher-
ies Commission Areas One, Two, Three, Four, Five, and Outer Cape Cod, to
implement conservation measures that affect landings of lobsters, pursu-
ant to the recommendations of the respective Area's Lobster Conservation
Management Team as required by the Interstate  Fishery  Management  Plan
for  American  Lobster  adopted  by the Atlantic States Marine Fisheries
Commission.
  S 4. Subdivision 1 of section 13-0339 of the  environmental  conserva-
tion  law,  as amended by chapter 156 of the laws of 2003, is amended to
read as follows:
  1. a. The taking of fish with nets in the marine and coastal  district
is  governed by sections 13-0333, 13-0335, 13-0341, 13-0343, 13-0347 and
11-1521, and regulations OR ORDERS adopted pursuant to sections 11-0303,
11-1303, 13-0338, 13-0339-a, 13-0340, 13-0340-a,  13-0340-b,  13-0340-c,
13-0340-d,  13-0340-e,  13-0340-f  and  13-0340-g  of  this chapter. The
taking of fish by other means, in the marine and  coastal  district,  is
governed by title 13 of article 11 of the Fish and Wildlife Law, subject
to  restrictions  in  section  13-0343  as  to  certain  waters,  and to
provisions of sections 13-0347 and 11-1521  and  regulations  OR  ORDERS
adopted  pursuant  to section 11-0303 of this chapter as to striped bass
and  sections  13-0338,  13-0339-a,   13-0340,   13-0340-a,   13-0340-b,
13-0340-c,  13-0340-d,  13-0340-e,  13-0340-f  and 13-0340-g as to other
species of marine fish. The taking, and sale  or  taking  for  sale,  of
certain bait fish are governed by section 11-1315 of this chapter.
  b.  Open  seasons, minimum size limits and catch limits for fish other
than the marine species named in subdivisions 2 and 3  of  this  section
are  specified  by  regulations  OR  ORDERS adopted pursuant to sections

S. 7192                             3

11-0303, 11-1303, 13-0338,  13-0339-a,  13-0340,  13-0340-a,  13-0340-b,
13-0340-c,  13-0340-d,  13-0340-e, 13-0340-f and 13-0340-g of this chap-
ter. All shortnose sturgeon irrespective of size and all Atlantic  stur-
geon  under  the size limits prescribed by regulations OR ORDERS adopted
pursuant to section 11-1303 of this chapter taken in gill nets shall  be
immediately returned to the water without unnecessary injury. Other fish
named  by  regulations  OR  ORDERS adopted pursuant to sections 11-0303,
11-1303, 13-0338, 13-0339-a, 13-0340, 13-0340-a,  13-0340-b,  13-0340-c,
13-0340-d,  13-0340-e, 13-0340-f and 13-0340-g of this chapter and under
the size limits prescribed in such regulations OR ORDERS, shall  not  be
bought, sold or trafficked in.
  c.  The  sale,  possession  and transportation of fish, other than the
marine species named in  subdivisions  2  and  3  of  this  section  are
governed  by  sections  11-1319, 11-1521 and 13-0347, and regulations OR
ORDERS  adopted  pursuant  to  sections   11-0303,   11-1303,   13-0338,
13-0339-a,   13-0340,   13-0340-a,   13-0340-b,   13-0340-c,  13-0340-d,
13-0340-e, 13-0340-f and 13-0340-g of this chapter.
  S 5. Section 13-0340 of the environmental conservation law, as amended
by chapter 166 of the laws of 2014, is amended to read as follows:
S 13-0340. Bluefish (Pomatomus saltatrix).
  The department may, until December thirty-first, two thousand sixteen,
fix by ORDER OR regulation  measures  for  the  management  of  bluefish
(Pomatomus  saltatrix),  including  size  limits,  catch  and possession
limits, open and closed  seasons,  closed  areas,  restrictions  on  the
manner  of  taking and landing, requirements for permits and eligibility
therefor, recordkeeping requirements, requirements  on  the  amount  and
type  of fishing effort and gear, and requirements relating to transpor-
tation, possession and sale, provided that such  regulations  OR  ORDERS
are  no less restrictive than requirements set forth in this chapter and
provided further that such regulations OR ORDERS are consistent with the
compliance requirements of applicable fishery management  plans  adopted
by  the  Atlantic States Marine Fisheries Commission and with applicable
provisions of fishery management plans adopted pursuant to  the  Federal
Fishery Conservation and Management Act (16 U.S.C. S 1800 et seq.).
  S  6.  Section  13-0340-a  of  the  environmental conservation law, as
amended by chapter 161 of the laws  of  2014,  is  amended  to  read  as
follows:
S 13-0340-a. Weakfish (Cynoscion regalis).
  The department may, until December thirty-first, two thousand sixteen,
fix  by  ORDER  OR  regulation  measures  for the management of weakfish
(Cynoscion regalis), including size limits, catch and possession limits,
open and closed seasons, closed areas, restrictions  on  the  manner  of
taking  and  landing, requirements for permits and eligibility therefor,
recordkeeping requirements, requirements on the amount and type of fish-
ing effort  and  gear,  and  requirements  relating  to  transportation,
possession  and  sale,  provided  that such regulations OR ORDERS are no
less restrictive  than  requirements  set  forth  in  this  chapter  and
provided further that such regulations OR ORDERS are consistent with the
compliance  requirements  of applicable fishery management plans adopted
by the Atlantic States Marine Fisheries Commission and  with  applicable
provisions  of  fishery management plans adopted pursuant to the Federal
Fishery Conservation and Management Act (16 U.S.C. S 1800 et seq.).
  S 7. Section 13-0340-b  of  the  environmental  conservation  law,  as
amended  by  chapter  189  of the laws of 2015, is amended to read as as
follows:
S 13-0340-b. Fluke - summer flounder (Paralichthys dentatus).

S. 7192                             4

  The department may, until December thirty-first, two  thousand  seven-
teen, fix by ORDER OR regulation measures for the management of fluke or
summer  flounder  (Paralichthys  dentatus), including size limits, catch
and  possession  limits,  open  and  closed   seasons,   closed   areas,
restrictions  on  the  manner  of  taking  and landing, requirements for
permits and eligibility therefor, recordkeeping  requirements,  require-
ments  on  the  amount and type of fishing effort and gear, and require-
ments relating to transportation, possession  and  sale,  provided  that
such regulations OR ORDERS are no less restrictive than requirements set
forth  in  this  chapter  and  provided further that such regulations OR
ORDERS are consistent with the  compliance  requirements  of  applicable
fishery management plans adopted by the Atlantic States Marine Fisheries
Commission  and  with  applicable provisions of fishery management plans
adopted pursuant to the Federal Fishery Conservation and Management  Act
(16 U.S.C. S 1800 et seq.).
  S  8.  Section  13-0340-c  of  the  environmental conservation law, as
amended by chapter 136 of the laws  of  2015,  is  amended  to  read  as
follows:
S 13-0340-c. Winter flounder (Pleuorenectes americanus).
  The  department  may, until December thirty-first, two thousand seven-
teen, fix by ORDER OR regulation measures for the management  of  winter
flounder  (Pleuorenectes  americanus),  including size limits, catch and
possession limits, open and closed seasons, closed  areas,  restrictions
on the manner of taking and landing, requirements for permits and eligi-
bility  therefor, recordkeeping requirements, requirements on the amount
and type of fishing effort and gear, and requirements relating to trans-
portation, possession and sale, provided that such regulations OR ORDERS
are no less restrictive than requirements set forth in this chapter  and
provided further that such regulations OR ORDERS are consistent with the
compliance  requirements  of applicable fishery management plans adopted
by the Atlantic States Marine Fisheries Commission and  with  applicable
provisions  of  fishery management plans adopted pursuant to the Federal
Fishery Conservation and Management Act (16 U.S.C. S 1800 et seq.).
  S 9. Subdivision 1 of section 13-0340-d of the environmental conserva-
tion law, as amended by chapter 162 of the laws of 2014, is  amended  to
read as follows:
  1.  The  department  may,  until  December  thirty-first, two thousand
sixteen, fix by ORDER OR  regulation  measures  for  the  management  of
blackfish  (Tautoga onitis), including size limits, catch and possession
limits, open and closed  seasons,  closed  areas,  restrictions  on  the
manner  of  taking and landing, requirements for permits and eligibility
therefor, recordkeeping requirements, requirements  on  the  amount  and
type  of fishing effort and gear, and requirements relating to transpor-
tation, possession and sale, provided that such  regulations  OR  ORDERS
are  no less restrictive than requirements set forth in this chapter and
provided further that such regulations OR ORDERS are consistent with the
compliance requirements of applicable fishery management  plans  adopted
by  the  Atlantic States Marine Fisheries Commission and with applicable
provisions of fishery management plans adopted pursuant to  the  Federal
Fishery Conservation and Management Act (16 U.S.C. S 1800 et seq.).
  S  10.  Section  13-0340-e  of  the environmental conservation law, as
amended by chapter 191 of the laws  of  2015,  is  amended  to  read  as
follows:
S 13-0340-e. Scup (Stenotomus chrysops).
  The  department  may, until December thirty-first, two thousand seven-
teen, fix by ORDER OR regulation measures for  the  management  of  scup

S. 7192                             5

(Stenotomus  chrysops),  including  size  limits,  catch  and possession
limits, open and closed  seasons,  closed  areas,  restrictions  on  the
manner  of  taking and landing, requirements for permits and eligibility
therefor,  recordkeeping  requirements,  requirements  on the amount and
type of fishing effort and gear, and requirements relating to  transpor-
tation,  possession  and  sale, provided that such regulations OR ORDERS
are no less restrictive than requirements set forth in this chapter  and
provided further that such regulations OR ORDERS are consistent with the
compliance  requirements  of applicable fishery management plans adopted
by the Atlantic States Marine Fisheries Commission and  with  applicable
provisions  of  fishery management plans adopted pursuant to the Federal
Fishery Conservation and Management Act (16 U.S.C. S 1800 et seq.).
  S 11. Section 13-0340-f of  the  environmental  conservation  law,  as
amended  by  chapter  194  of  the  laws  of 2015, is amended to read as
follows:
S 13-0340-f. Black sea bass (Centropristis striata).
  The department may, until December thirty-first, two  thousand  seven-
teen,  fix  by  ORDER OR regulation measures for the management of black
sea bass (Centropristis  striata),  including  size  limits,  catch  and
possession  limits,  open and closed seasons, closed areas, restrictions
on the manner of taking and landing, requirements for permits and eligi-
bility therefor, recordkeeping requirements, requirements on the  amount
and  type of fishing effort and gear and requirements relating to trans-
portation, possession and sale, provided that such regulations OR ORDERS
are no less restrictive than requirements set forth in this chapter  and
provided further that such regulations OR ORDERS are consistent with the
compliance  requirements  of applicable fishery management plans adopted
by the Atlantic States Marine Fisheries Commission and  with  applicable
provisions  of  fishery management plans adopted pursuant to the Federal
Fishery Conservation and Management Act (16 U.S.C. S 1800 et seq.).
  S 12. Subdivision 1 of section 13-0331 of the environmental  conserva-
tion  law,  as amended by chapter 325 of the laws of 1999, is amended to
read as follows:
  1. No person shall take crabs, including horseshoe crabs (Limulus sp.)
for commercial purposes  without  first  obtaining  a  permit  from  the
department.  For purposes of this subdivision, a presumption of "commer-
cial purposes" shall be made wherein one takes or lands more than  fifty
crabs  in  any  one day or sells or barters or offers for sale or barter
any crabs he or she has taken. Permits shall be  issued  to  individuals
only  but  may  be  endorsed for use on a vessel, in which case it shall
cover all persons on board such vessel. THE PERMIT HOLDER MUST BE  PRES-
ENT  AND  ON BOARD SUCH VESSEL AT ALL TIMES WHILE THE PRIVILEGES OF SUCH
PERMIT ARE BEING EXERCISED AND WHILE CRAB  FISHING  GEAR  OWNED  BY  THE
PERMIT HOLDER IS BEING SET OUT OR RETRIEVED.
  S 13. Section 13-0334 of the environmental conservation law is amended
by adding a new subdivision 8 to read as follows:
  8.  NO  PERSON SHALL PURCHASE WHELK OR CONCH FROM A LICENSED HARVESTER
FOR THE PURPOSES OF RESALE, TRADE OR  BARTER,  SHIPPING,  TRANSPORT,  OR
OTHER TRAFFIC WITHOUT FIRST OBTAINING A VALID MARINE FOOD FISH AND CRUS-
TACEAN  DEALERS AND SHIPPER'S LICENSE FROM THE DEPARTMENT.  SUCH PERSONS
SHALL ALSO REPORT TO THE DEPARTMENT ALL TRANSACTIONS OF WHELK OR CONCH.
  S 14. This act shall take effect immediately,  provided  however  that
the  amendments  to  section 13-0331 and section 13-0334 of the environ-
mental conservation law made by sections twelve and thirteen of this act
shall take effect January 1, 2017.

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Senate Bill S7192

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

May 3, 2016 - Environmental Conservation Committee Vote

Environmental Conservation Committee Vote: May 3, 2016

2015-S7192 (ACTIVE) - Details

2015-S7192 (ACTIVE) - Summary

2015-S7192 (ACTIVE) - Sponsor Memo

2015-S7192 (ACTIVE) - Bill Text download pdf

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Senate Bill S7192

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Sponsored By

Thomas F. O'Mara

Archive: Last Bill Status - In Senate Committee Rules Committee

2015-S7192 (ACTIVE) - Details

2015-S7192 (ACTIVE) - Summary

2015-S7192 (ACTIVE) - Sponsor Memo

2015-S7192 (ACTIVE) - Bill Text download pdf

Comments