NY State Senate Bill S4341

Current Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (7)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 24, 2021	referred to environmental conservation delivered to assembly passed senate
Feb 22, 2021	advanced to third reading
Feb 10, 2021	2nd report cal.
Feb 09, 2021	1st report cal.339
Feb 03, 2021	referred to environmental conservation

Votes

view votes

Feb 24, 2021 - floor Vote

S4341

floor

Aye

Nay

Absent

Excused

Abstained

Feb 9, 2021 - Environmental Conservation committee Vote

S4341

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

S4341 (ACTIVE) - Details

Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §13-0331, En Con L

S4341 (ACTIVE) - Summary

Relates to the harvesting of Jonah crabs; provides a holder of a commercial crab permit shall not exceed the bycatch limit of Jonah crab unless they request a special permit.

S4341 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4341

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
harvesting of Jonah crabs

 
PURPOSE:

The purpose of this bill is to amend the environmental conservation law
to comply with an interstate and state-federal interjurisdictional
requirement to allow lobster permit holders to harvest Jonah crabs.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends ECL § 13-0331 to comply with federal law
mandating that lobster permit holders be allowed to harvest Jonah crabs.

Section 2 provides that the bill shall take effect immediately.

 
JUSTIFICATION:

DEC manages marine fisheries in accordance with mandatory requirements
promulgated by the federal government through interstate or state-feder-
al interjurisdictional fishery management plans (FMPs).  Failure by DEC
to manage marine fisheries in accordance with Atlantic States Marine
Fisheries Commission's (ASMFC) FMPs may result in closure of New York
State's fisheries for species subject to such FMPs.

Historically, Jonah crab has been considered a bycatch of the lobster
industry, but in recent years there has been increasing targeted fishing
pressure and growing market demand for Jonah crab. As a result, a mixed
crustacean fishery has emerged that can target lobster, crab or both at
different times of year. The mixed nature of the fishery makes it diffi-
cult to manage the species separately from the lobster fishery. As a
result, ASMFC's Interstate FMP for Jonah Crab requires that holders of
lobster permits be allowed to harvest Jonah crab.

New York State is currently the only state out of compliance with
ASMFC's Interstate FMP for Jonah Crab. To bring New York State into
compliance, the ECL must be amended to allow lobster permit holders to
harvest Jonah crabs in excess of the bycatch limit. This amendment is
necessary because DEC cannot implement the required change through regu-
lation. Failure by the Legislature to enact this measure may result in
the closure of New York State's Jonah crab fishery.

 
PRIOR LEGISLATIVE HISTORY:

N/A

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S4341 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4341
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by Sen. KAMINSKY -- 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
   harvesting of Jonah crabs
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1  of  section  13-0331  of  the  environmental
 conservation  law,  as  amended  by  chapter 447 of the laws of 2017, is
 amended and a new subdivision 1-a is added 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.   A HOLDER OF A  COMMERCIAL  CRAB  PERMIT
 SHALL  NOT  EXCEED  THE  BYCATCH  LIMIT  OF  JONAH CRAB SPECIFIED BY THE
 DEPARTMENT. 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.
   1-A. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, A HOLDER OF  ANY
 NEW YORK COMMERCIAL LOBSTER LICENSE MAY TAKE AND LAND JONAH CRAB (CANCER
 BOREALIS)  FOR  COMMERCIAL PURPOSES. JONAH CRAB HARVESTED BY CRAB PERMIT
 HOLDERS WHO CAN DEMONSTRATE A LANDINGS HISTORY ABOVE THE  BYCATCH  LIMIT
 PRIOR  TO  JUNE SECOND, TWO THOUSAND FIFTEEN, DOCUMENTED BY EITHER STATE
 OR FEDERAL VESSEL TRIP REPORTS MAY REQUEST  A  SPECIAL  PERMIT  TO  TAKE
 JONAH  CRABS ABOVE THE BYCATCH LIMIT. JONAH CRABS HARVESTED BY ANY OTHER
 LEGAL METHOD FOR TAKING LOBSTERS OR CRABS SHALL COMPLY  WITH  THE  TAKE,
 LANDING,  AND  POSSESSION  LIMITS  PURSUANT  TO  SUBDIVISION ONE OF THIS
 SECTION.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08810-01-1

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S4341

Sponsored By

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Feb 24, 2021 - floor Vote

Floor Vote: Feb 24, 2021

Feb 9, 2021 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: Feb 9, 2021

S4341 (ACTIVE) - Details

S4341 (ACTIVE) - Summary

S4341 (ACTIVE) - Sponsor Memo

S4341 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4341

Share this bill

Sponsored By

Todd Kaminsky

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Feb 24, 2021 - floor Vote

Floor Vote: Feb 24, 2021

Feb 9, 2021 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: Feb 9, 2021

S4341 (ACTIVE) - Details

S4341 (ACTIVE) - Summary

S4341 (ACTIVE) - Sponsor Memo

S4341 (ACTIVE) - Bill Text download pdf

Comments