LBD13668-02-2
S. 9007 2
all species of fish in all waters of the state, except marine fish named
in subdivisions 2 and 3 of section 13-0339 of this chapter and except to
the extent that such open seasons, size and catch limits and manner of
taking are otherwise specifically provided for in article 13 of this
chapter.
§ 3. Subdivision 3 of section 13-0323 of the environmental conserva-
tion law, as amended by chapter 220 of the laws of 2019, is amended to
read as follows:
3. The department may[, until December thirty-first, two thousand
twenty-two,] fix by regulation measures for the management of oysters
(Family Ostreidae) 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 and identification requirements, requirements on the
amount and type of fishing effort and gear, and requirements relating to
transportation, possession and sale, provided that such regulations are
no less restrictive than requirements set forth in this chapter.
§ 4. Subdivision 8 of section 13-0325 of the environmental conserva-
tion law, as amended by chapter 219 of the laws of 2019, is amended to
read as follows:
8. The department may[, until December thirty-first, two thousand
twenty-two,] adopt by regulation measures for the management of hard
clams (Mercenaria mercenaria), soft or steamer clams (Mya arenaria), and
razor clams (Ensis sp.), 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 and identification requirements, requirements on
the amount and type of fishing effort and gear, and requirements relat-
ing to transportation, possession and sale, provided that such regu-
lations are no less restrictive than requirements set forth in this
chapter.
§ 5. Section 13-0327 of the environmental conservation law, as amended
by chapter 262 of the laws of 2021, is amended to read as follows:
§ 13-0327. Scallops.
The department may[, until December thirty-first, two thousand twen-
ty-four,] adopt by regulation measures for the management of scallops
(Family Pectinidae) 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 and identification requirements, requirements on the
amount and type of fishing effort and gear, and requirements relating to
transportation, possession and sale, provided that such regulations are
no less restrictive than requirements set forth in this chapter.
§ 6. Subdivision 16 of section 13-0329 of the environmental conserva-
tion law, as amended by chapter 122 of the laws of 2021, is amended to
read as follows:
16. The department may[, until December thirty-first, two thousand
twenty-four,] adopt regulations for Atlantic States Marine Fisheries
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.
§ 7. Section 6 of chapter 305 of the laws of 2013, amending the envi-
ronmental conservation law relating to the management of American
S. 9007 3
lobster, as amended by chapter 122 of the laws of 2021, is amended to
read as follows:
§ 6. This act shall take effect on the thirtieth day after it shall
have become a law; provided that subdivision 17 of section 13-0329 of
the environmental conservation law, as added by section two of this act,
shall expire and be deemed repealed December 31, [2024] 2027.
§ 8. Subdivision 6 of section 13-0330 of the environmental conserva-
tion law, as amended by section 1 of item P of subpart A of part XXX of
chapter 58 of the laws of 2020, is amended to read as follows:
6. The department may[, until December thirty-first, two thousand
twenty-three,] fix by regulation measures for the management of whelk or
conch (Busycon and Busycotypus spp.), 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 are no
less restrictive than requirements set forth in this chapter and
provided further that such regulations are consistent with the compli-
ance 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 7 of section 13-0331 of the environmental conserva-
tion law, as amended by section 1 of item J of subpart A of part XXX of
chapter 58 of the laws of 2020, is amended to read as follows:
7. The department may[, until December thirty-first, two thousand
twenty-three,] fix by regulation measures for the management of crabs of
any kind including horseshoe crabs (Limulus sp.), 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 are no less restrictive than requirements set forth in
this chapter and provided further that such regulations 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.).
§ 10. Subdivision 4 of section 13-0338 of the environmental conserva-
tion law, as amended by section 1 of item N of subpart A of part XXX of
chapter 58 of the laws of 2020, is amended to read as follows:
4. The department may[, until December thirty-first, two thousand
twenty-three,] fix by regulation measures for the management of sharks,
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 transportation, possession and sale,
provided that such regulations are no less restrictive than requirements
set forth in this chapter and provided further that such regulations are
consistent with the compliance requirements of applicable fishery
management plans adopted by the Atlantic States Marine Fisheries Commis-
sion and with applicable provisions of fishery management plans adopted
S. 9007 4
pursuant to the Federal Fishery Conservation and Management Act (16
U.S.C. §1800 et seq.).
§ 11. Subdivision 1 of section 13-0339-a of the environmental conser-
vation law, as amended by chapter 293 of the laws 2011, paragraph a as
amended by section 1 of item F of subpart A of part XXX of chapter 58 of
the laws of 2020, paragraph b as amended by chapter 235 of the laws of
2019, paragraph c as amended by section 1 of item E of subpart A of part
XXX of chapter 58 of the laws of 2020, paragraph d as amended by section
1 of item G of subpart A of part XXX of chapter 58 of the laws of 2020,
paragraph e as amended by chapter 229 of the laws of 2019, paragraph f
as amended by chapter 230 of the laws of 2019, paragraph g as amended by
section 1 of item I of subpart A of part XXX of chapter 58 of the laws
of 2020, paragraph h as amended by section 1 of item O of subpart A of
part XXX of chapter 58 of the laws of 2020, and paragraph i as amended
by chapter 237 of the laws of 2019, is amended to read as follows:
1. The department may fix, by regulation, measures for the management
of the following species:
a. Atlantic cod (Gadus morhua) [until December thirty-first, two thou-
sand twenty-three],
b. American eel (Anguilla rostrata) [until December thirty-first, two
thousand twenty-two],
c. Atlantic and shortnose sturgeon (Acipenser oxyrhynchus and brevi-
rostrum) [until December thirty-first, two thousand twenty-three],
d. Atlantic herring (Clupea harengus) [until December thirty-first,
two thousand twenty-three],
e. American shad (Alosa sapidissima) [until December thirty-first, two
thousand twenty-two],
f. alewife (Alosa pseudoharengus) [until December thirty-first, two
thousand twenty-two],
g. blueback herring (Alosa aestivalis) [until December thirty-first,
two thousand twenty-three],
h. squid (cephalopoda) [until December thirty-first, two thousand
twenty-three], and
i. hickory shad (Alosa mediocris) [until December thirty-first, two
thousand twenty-two].
§ 12. Section 13-0340 of the environmental conservation law, as
amended by chapter 218 of the laws of 2019, is amended to read as
follows:
§ 13-0340. Bluefish (Pomatomus saltatrix).
The department may[, until December thirty-first, two thousand twen-
ty-two,] fix by 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 are no less
restrictive than requirements set forth in this chapter and provided
further that such regulations 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.).
§ 13. Section 13-0340-a of the environmental conservation law, as
amended by chapter 238 of the laws of 2019, is amended to read as
follows:
S. 9007 5
§ 13-0340-a. Weakfish (Cynoscion regalis).
The department may[, until December thirty-first, two thousand twen-
ty-two,] fix by 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 are no less restric-
tive than requirements set forth in this chapter and provided further
that such regulations 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.).
§ 14. Section 13-0340-b of the environmental conservation law, as
amended by section 1 of item L of subpart A of part XXX of chapter 58 of
the laws of 2020, is amended to read as follows:
§ 13-0340-b. Fluke - summer flounder (Paralichthys dentatus).
The department may[, until December thirty-first, two thousand twen-
ty-three,] fix by 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 are no less restrictive than requirements set forth in
this chapter and provided further that such regulations 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.).
§ 15. Section 13-0340-c of the environmental conservation law, as
amended by section 1 of item Q of subpart A of part XXX of chapter 58 of
the laws of 2020, is amended to read as follows:
§ 13-0340-c. Winter flounder (Pleuorenectes americanus).
The department may[, until December thirty-first, two thousand twen-
ty-three,] fix by 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 are no
less restrictive than requirements set forth in this chapter and
provided further that such regulations are consistent with the compli-
ance 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.).
§ 16. Subdivision 1 of section 13-0340-d of the environmental conser-
vation law, as amended by chapter 236 of the laws of 2019, is amended to
read as follows:
S. 9007 6
1. The department may[, until December thirty-first, two thousand
twenty-two,] fix by 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 fish-
ing effort and gear, and requirements relating to transportation,
possession and sale, provided that such regulations are no less restric-
tive than requirements set forth in this chapter and provided further
that such regulations 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.).
§ 17. Section 13-0340-e of the environmental conservation law, as
amended by section 1 of item M of subpart A of part XXX of chapter 58 of
the laws of 2020, is amended to read as follows:
§ 13-0340-e. Scup (Stenotomus chrysops).
The department may[, until December thirty-first, two thousand twen-
ty-three,] fix by regulation measures for the management of scup (Steno-
tomus 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 fish-
ing effort and gear, and requirements relating to transportation,
possession and sale, provided that such regulations are no less restric-
tive than requirements set forth in this chapter and provided further
that such regulations 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.).
§ 18. Section 13-0340-f of the environmental conservation law, as
amended by section 1 of item H of subpart A of part XXX of chapter 58 of
the laws of 2020, is amended to read as follows:
§ 13-0340-f. Black sea bass (Centropristis striata).
The department may[, until December thirty-first, two thousand twen-
ty-three,] fix by 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 are no
less restrictive than requirements set forth in this chapter and
provided further that such regulations are consistent with the compli-
ance 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.).
§ 19. Section 13-0340-g of the environmental conservation law, as
amended by chapter 123 of the laws of 2021, is amended to read as
follows:
§ 13-0340-g. Monkfish (Lophius americanus, Lophius reticulatus and
Lophius gastrophysus).
S. 9007 7
The department may[, until December thirty-first, two thousand twen-
ty-four,] fix by regulation measures for the management of monkfish
(Lophius americanus, Lophius reticulatus and Lophius gastrophysus),
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 transportation, possession and sale,
provided that such regulations are no less restrictive than requirements
set forth in this chapter and provided further that such regulations are
consistent with the compliance requirements of applicable fishery
management plans adopted by the Atlantic States Marine Fisheries Commis-
sion 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.).
§ 20. Subdivision 3 of section 13-0360 of the environmental conserva-
tion law, as amended by section 1 of item K of subpart A of part XXX of
chapter 58 of the laws of 2020, is amended to read as follows:
3. Notwithstanding any other provision of this chapter, the department
may[, until December thirty-first, two thousand twenty-three,] adopt
regulations restricting the taking of fish, shellfish and crustacea in
any special management area designated pursuant to subdivision two of
this section. Such regulations may restrict the manner of taking of
fish, shellfish and crustacea in such areas and the landing of fish,
shellfish and crustacea which have been taken therefrom. Such regu-
lations shall be consistent with all relevant federal and interstate
fisheries management plans and with the marine fisheries conservation
and management policy set forth in section 13-0105 of this article.
§ 21. Article 13 of the environmental conservation law is amended by
adding a new title 9 to read as follows:
TITLE 9
MARINE MAMMALS AND SEA TURTLES PROTECTION ACT
SECTION 13-0901. SHORT TITLE.
13-0903. DEFINITIONS.
13-0905. DEPARTMENT AUTHORITY.
§ 13-0901. SHORT TITLE.
THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE "MARINE MAMMALS AND
SEA TURTLES PROTECTION ACT".
§ 13-0903. DEFINITIONS.
1. FOR PURPOSES OF THIS TITLE, THE FOLLOWING DEFINITIONS SHALL APPLY:
A. "MARINE MAMMAL" MEANS ANY MAMMAL WHICH: (I) IS MORPHOLOGICALLY
ADAPTED TO THE MARINE ENVIRONMENT (INCLUDING MEMBERS OF THE ORDERS SIRE-
NIA, PINNIPEDIA AND CETACEA), OR (II) PRIMARILY INHABITS THE MARINE
ENVIRONMENT.
B. "SEA TURTLE" MEANS THE FOLLOWING SPECIES OF MARINE REPTILES:
LOGGERHEAD SEA TURTLE (CARETTA CARETTA), KEMP'S RIDLEY SEA TURTLE (LEPI-
DOCHELYS KEMPI), GREEN SEA TURTLE (CHELONIA MYDAS), LEATHERBACK SEA
TURTLE (DERMOCHELYS CORIACEA) AND HAWKSBILL SEA TURTLE (ERETMOCHELYS
IMBRICATE).
§ 13-0905. DEPARTMENT AUTHORITY.
THE DEPARTMENT HEREBY IS AUTHORIZED TO ADOPT REGULATIONS FOR THE
PROTECTION OF MARINE MAMMALS AND SEA TURTLES, INCLUDING BUT NOT LIMITED
TO MEASURES TO PREVENT HARASSMENT, SUCH AS RESTRICTIONS ON VIEWING,
FEEDING, AND INTERACTING WITH MARINE MAMMALS AND SEA TURTLES.
§ 22. This act shall take effect immediately.