LBD10003-01-7
S. 6534 2
PUBLIC WEBSITE AT LEAST TEN 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.
§ 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.
§ 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.
§ 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.
S. 6534 3
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
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.
§ 5. Section 13-0340 of the environmental conservation law, as amended
by chapter 147 of the laws of 2016, is amended to read as follows:
§ 13-0340. Bluefish (Pomatomus saltatrix).
The department may, until December thirty-first, two thousand nine-
teen, 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. § 1800 et seq.).
§ 6. Section 13-0340-a of the environmental conservation law, as
amended by chapter 148 of the laws of 2016, is amended to read as
follows:
§ 13-0340-a. Weakfish (Cynoscion regalis).
The department may, until December thirty-first, two thousand nine-
teen, 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. § 1800 et seq.).
S. 6534 4
§ 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:
§ 13-0340-b. Fluke - summer flounder (Paralichthys dentatus).
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. § 1800 et seq.).
§ 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:
§ 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. § 1800 et seq.).
§ 9. Subdivision 1 of section 13-0340-d of the environmental conserva-
tion law, as amended by chapter 140 of the laws of 2016, is amended to
read as follows:
1. The department may, until December thirty-first, two thousand nine-
teen, fix by ORDER OR regulation measures for the management of blackf-
ish (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. § 1800 et seq.).
S. 6534 5
§ 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:
§ 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
(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. § 1800 et seq.).
§ 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:
§ 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. § 1800 et seq.).
§ 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.
§ 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-
S. 6534 6
TACEAN DEALERS AND SHIPPER'S LICENSE FROM THE DEPARTMENT. SUCH PERSONS
SHALL ALSO REPORT TO THE DEPARTMENT ALL TRANSACTIONS OF WHELK OR CONCH.
§ 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, 2018.