STATE OF NEW YORK
________________________________________________________________________
7192
IN SENATE
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:
1 Section 1. Subdivision 3 of section 11-0303 of the environmental
2 conservation law, as amended by chapter 193 of the laws of 2015, is
3 amended to read as follows:
4 3. The department may, until December thirty-first, two thousand eigh-
5 teen, fix by order or regulation measures for the management of striped
6 bass, including size limits, catch and possession limits, open and
7 closed seasons, closed areas, restrictions on the manner of taking and
8 landing, requirements for permits and eligibility therefor, recordkeep-
9 ing requirements, requirements on the amount and type of fishing effort
10 and gear, and requirements relating to transportation, possession and
11 sale, provided that such regulations or orders are no less restrictive
12 than requirements set forth in this chapter and provided further that
13 such regulations or orders are consistent with the compliance require-
14 ments of applicable fishery management plans adopted by the Atlantic
15 States Marine Fisheries Commission and with applicable provisions of
16 fishery management plans adopted pursuant to the Federal Fishery Conser-
17 vation and Management Act (16 U.S.C. § 1800 et seq.). The commissioner
18 may issue orders for the purpose of establishing size, catch and
19 possession limits and open and closed seasons necessary to implement
20 interstate or state-federal interjurisdictional management plans. Notice
21 of the requirements adopted by such order shall be provided by depart-
22 ment press release and any other means that the department determines to
23 be appropriate and effective, including posting on the department's
24 public website at least 10 days prior to the effective date. Such order
25 shall be filed in the commissioner's office and a certified copy shall
26 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
1 § 2. Subdivision 2 of section 13-0105 of the environmental conserva-
2 tion law, as added by chapter 365 of the laws of 1994, is amended to
3 read as follows:
4 2. Prior to proposing regulations or orders for the management of
5 marine fish, mollusks (Phylum mollusca) or crustaceans (Class crustacea)
6 found in the marine and coastal district, the department shall identify
7 recreational and commercial fisheries interests which may be affected by
8 the proposed regulations or orders and directly consult with such inter-
9 ests. Such consultation may include, as appropriate, the conduct of
10 meetings with invited representatives of fisheries interests, public
11 information meetings, public hearings, direct mailings of information
12 and public comment solicitations, and publication of proposals and
13 comment solicitations in trade publications, and other measures. Such
14 consultation shall include a meeting with the marine resources advisory
15 council. No consultation shall be required prior to proposing emergency
16 regulations. The commissioner may issue orders for the purpose of estab-
17 lishing size, catch and possession limits and open and closed seasons
18 necessary to implement interstate or state-federal interjurisdictional
19 management plans. Notice of the requirements adopted by such order shall
20 be provided by department press release and any other means that the
21 department determines to be appropriate and effective, including posting
22 on the department's public website at least ten days prior to the effec-
23 tive date. Such order shall be filed in the commissioner's office and a
24 certified copy shall be filed in the office of the secretary of the
25 state.
26 § 3. Subdivision 16 of section 13-0329 of the environmental conserva-
27 tion law, as amended by chapter 132 of the laws of 2015, is amended to
28 read as follows:
29 16. The department may, until December thirty-first, two thousand
30 eighteen, adopt regulations or orders for Atlantic States Marine Fisher-
31 ies Commission Areas One, Two, Three, Four, Five, and Outer Cape Cod, to
32 implement conservation measures that affect landings of lobsters, pursu-
33 ant to the recommendations of the respective Area's Lobster Conservation
34 Management Team as required by the Interstate Fishery Management Plan
35 for American Lobster adopted by the Atlantic States Marine Fisheries
36 Commission.
37 § 4. Subdivision 1 of section 13-0339 of the environmental conserva-
38 tion law, as amended by chapter 156 of the laws of 2003, is amended to
39 read as follows:
40 1. a. The taking of fish with nets in the marine and coastal district
41 is governed by sections 13-0333, 13-0335, 13-0341, 13-0343, 13-0347 and
42 11-1521, and regulations or orders adopted pursuant to sections 11-0303,
43 11-1303, 13-0338, 13-0339-a, 13-0340, 13-0340-a, 13-0340-b, 13-0340-c,
44 13-0340-d, 13-0340-e, 13-0340-f and 13-0340-g of this chapter. The
45 taking of fish by other means, in the marine and coastal district, is
46 governed by title 13 of article 11 of the Fish and Wildlife Law, subject
47 to restrictions in section 13-0343 as to certain waters, and to
48 provisions of sections 13-0347 and 11-1521 and regulations or orders
49 adopted pursuant to section 11-0303 of this chapter as to striped bass
50 and sections 13-0338, 13-0339-a, 13-0340, 13-0340-a, 13-0340-b,
51 13-0340-c, 13-0340-d, 13-0340-e, 13-0340-f and 13-0340-g as to other
52 species of marine fish. The taking, and sale or taking for sale, of
53 certain bait fish are governed by section 11-1315 of this chapter.
54 b. Open seasons, minimum size limits and catch limits for fish other
55 than the marine species named in subdivisions 2 and 3 of this section
56 are specified by regulations or orders adopted pursuant to sections
S. 7192 3
1 11-0303, 11-1303, 13-0338, 13-0339-a, 13-0340, 13-0340-a, 13-0340-b,
2 13-0340-c, 13-0340-d, 13-0340-e, 13-0340-f and 13-0340-g of this chap-
3 ter. All shortnose sturgeon irrespective of size and all Atlantic stur-
4 geon under the size limits prescribed by regulations or orders adopted
5 pursuant to section 11-1303 of this chapter taken in gill nets shall be
6 immediately returned to the water without unnecessary injury. Other fish
7 named by regulations or orders adopted pursuant to sections 11-0303,
8 11-1303, 13-0338, 13-0339-a, 13-0340, 13-0340-a, 13-0340-b, 13-0340-c,
9 13-0340-d, 13-0340-e, 13-0340-f and 13-0340-g of this chapter and under
10 the size limits prescribed in such regulations or orders, shall not be
11 bought, sold or trafficked in.
12 c. The sale, possession and transportation of fish, other than the
13 marine species named in subdivisions 2 and 3 of this section are
14 governed by sections 11-1319, 11-1521 and 13-0347, and regulations or
15 orders adopted pursuant to sections 11-0303, 11-1303, 13-0338,
16 13-0339-a, 13-0340, 13-0340-a, 13-0340-b, 13-0340-c, 13-0340-d,
17 13-0340-e, 13-0340-f and 13-0340-g of this chapter.
18 § 5. Section 13-0340 of the environmental conservation law, as amended
19 by chapter 166 of the laws of 2014, is amended to read as follows:
20 § 13-0340. Bluefish (Pomatomus saltatrix).
21 The department may, until December thirty-first, two thousand sixteen,
22 fix by order or regulation measures for the management of bluefish
23 (Pomatomus saltatrix), including size limits, catch and possession
24 limits, open and closed seasons, closed areas, restrictions on the
25 manner of taking and landing, requirements for permits and eligibility
26 therefor, recordkeeping requirements, requirements on the amount and
27 type of fishing effort and gear, and requirements relating to transpor-
28 tation, possession and sale, provided that such regulations or orders
29 are no less restrictive than requirements set forth in this chapter and
30 provided further that such regulations or orders are consistent with the
31 compliance requirements of applicable fishery management plans adopted
32 by the Atlantic States Marine Fisheries Commission and with applicable
33 provisions of fishery management plans adopted pursuant to the Federal
34 Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
35 § 6. Section 13-0340-a of the environmental conservation law, as
36 amended by chapter 161 of the laws of 2014, is amended to read as
37 follows:
38 § 13-0340-a. Weakfish (Cynoscion regalis).
39 The department may, until December thirty-first, two thousand sixteen,
40 fix by order or regulation measures for the management of weakfish
41 (Cynoscion regalis), including size limits, catch and possession limits,
42 open and closed seasons, closed areas, restrictions on the manner of
43 taking and landing, requirements for permits and eligibility therefor,
44 recordkeeping requirements, requirements on the amount and type of fish-
45 ing effort and gear, and requirements relating to transportation,
46 possession and sale, provided that such regulations or orders are no
47 less restrictive than requirements set forth in this chapter and
48 provided further that such regulations or orders are consistent with the
49 compliance requirements of applicable fishery management plans adopted
50 by the Atlantic States Marine Fisheries Commission and with applicable
51 provisions of fishery management plans adopted pursuant to the Federal
52 Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
53 § 7. Section 13-0340-b of the environmental conservation law, as
54 amended by chapter 189 of the laws of 2015, is amended to read as as
55 follows:
56 § 13-0340-b. Fluke - summer flounder (Paralichthys dentatus).
S. 7192 4
1 The department may, until December thirty-first, two thousand seven-
2 teen, fix by order or regulation measures for the management of fluke or
3 summer flounder (Paralichthys dentatus), including size limits, catch
4 and possession limits, open and closed seasons, closed areas,
5 restrictions on the manner of taking and landing, requirements for
6 permits and eligibility therefor, recordkeeping requirements, require-
7 ments on the amount and type of fishing effort and gear, and require-
8 ments relating to transportation, possession and sale, provided that
9 such regulations or orders are no less restrictive than requirements set
10 forth in this chapter and provided further that such regulations or
11 orders are consistent with the compliance requirements of applicable
12 fishery management plans adopted by the Atlantic States Marine Fisheries
13 Commission and with applicable provisions of fishery management plans
14 adopted pursuant to the Federal Fishery Conservation and Management Act
15 (16 U.S.C. § 1800 et seq.).
16 § 8. Section 13-0340-c of the environmental conservation law, as
17 amended by chapter 136 of the laws of 2015, is amended to read as
18 follows:
19 § 13-0340-c. Winter flounder (Pleuorenectes americanus).
20 The department may, until December thirty-first, two thousand seven-
21 teen, fix by order or regulation measures for the management of winter
22 flounder (Pleuorenectes americanus), including size limits, catch and
23 possession limits, open and closed seasons, closed areas, restrictions
24 on the manner of taking and landing, requirements for permits and eligi-
25 bility therefor, recordkeeping requirements, requirements on the amount
26 and type of fishing effort and gear, and requirements relating to trans-
27 portation, possession and sale, provided that such regulations or orders
28 are no less restrictive than requirements set forth in this chapter and
29 provided further that such regulations or orders are consistent with the
30 compliance requirements of applicable fishery management plans adopted
31 by the Atlantic States Marine Fisheries Commission and with applicable
32 provisions of fishery management plans adopted pursuant to the Federal
33 Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
34 § 9. Subdivision 1 of section 13-0340-d of the environmental conserva-
35 tion law, as amended by chapter 162 of the laws of 2014, is amended to
36 read as follows:
37 1. The department may, until December thirty-first, two thousand
38 sixteen, fix by order or regulation measures for the management of
39 blackfish (Tautoga onitis), including size limits, catch and possession
40 limits, open and closed seasons, closed areas, restrictions on the
41 manner of taking and landing, requirements for permits and eligibility
42 therefor, recordkeeping requirements, requirements on the amount and
43 type of fishing effort and gear, and requirements relating to transpor-
44 tation, possession and sale, provided that such regulations or orders
45 are no less restrictive than requirements set forth in this chapter and
46 provided further that such regulations or orders are consistent with the
47 compliance requirements of applicable fishery management plans adopted
48 by the Atlantic States Marine Fisheries Commission and with applicable
49 provisions of fishery management plans adopted pursuant to the Federal
50 Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
51 § 10. Section 13-0340-e of the environmental conservation law, as
52 amended by chapter 191 of the laws of 2015, is amended to read as
53 follows:
54 § 13-0340-e. Scup (Stenotomus chrysops).
55 The department may, until December thirty-first, two thousand seven-
56 teen, fix by order or regulation measures for the management of scup
S. 7192 5
1 (Stenotomus chrysops), including size limits, catch and possession
2 limits, open and closed seasons, closed areas, restrictions on the
3 manner of taking and landing, requirements for permits and eligibility
4 therefor, recordkeeping requirements, requirements on the amount and
5 type of fishing effort and gear, and requirements relating to transpor-
6 tation, possession and sale, provided that such regulations or orders
7 are no less restrictive than requirements set forth in this chapter and
8 provided further that such regulations or orders are consistent with the
9 compliance requirements of applicable fishery management plans adopted
10 by the Atlantic States Marine Fisheries Commission and with applicable
11 provisions of fishery management plans adopted pursuant to the Federal
12 Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
13 § 11. Section 13-0340-f of the environmental conservation law, as
14 amended by chapter 194 of the laws of 2015, is amended to read as
15 follows:
16 § 13-0340-f. Black sea bass (Centropristis striata).
17 The department may, until December thirty-first, two thousand seven-
18 teen, fix by order or regulation measures for the management of black
19 sea bass (Centropristis striata), including size limits, catch and
20 possession limits, open and closed seasons, closed areas, restrictions
21 on the manner of taking and landing, requirements for permits and eligi-
22 bility therefor, recordkeeping requirements, requirements on the amount
23 and type of fishing effort and gear and requirements relating to trans-
24 portation, possession and sale, provided that such regulations or orders
25 are no less restrictive than requirements set forth in this chapter and
26 provided further that such regulations or orders are consistent with the
27 compliance requirements of applicable fishery management plans adopted
28 by the Atlantic States Marine Fisheries Commission and with applicable
29 provisions of fishery management plans adopted pursuant to the Federal
30 Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
31 § 12. Subdivision 1 of section 13-0331 of the environmental conserva-
32 tion law, as amended by chapter 325 of the laws of 1999, is amended to
33 read as follows:
34 1. No person shall take crabs, including horseshoe crabs (Limulus sp.)
35 for commercial purposes without first obtaining a permit from the
36 department. For purposes of this subdivision, a presumption of "commer-
37 cial purposes" shall be made wherein one takes or lands more than fifty
38 crabs in any one day or sells or barters or offers for sale or barter
39 any crabs he or she has taken. Permits shall be issued to individuals
40 only but may be endorsed for use on a vessel, in which case it shall
41 cover all persons on board such vessel. The permit holder must be pres-
42 ent and on board such vessel at all times while the privileges of such
43 permit are being exercised and while crab fishing gear owned by the
44 permit holder is being set out or retrieved.
45 § 13. Section 13-0334 of the environmental conservation law is amended
46 by adding a new subdivision 8 to read as follows:
47 8. No person shall purchase whelk or conch from a licensed harvester
48 for the purposes of resale, trade or barter, shipping, transport, or
49 other traffic without first obtaining a valid marine food fish and crus-
50 tacean dealers and shipper's license from the department. Such persons
51 shall also report to the department all transactions of whelk or conch.
52 § 14. This act shall take effect immediately, provided however that
53 the amendments to section 13-0331 and section 13-0334 of the environ-
54 mental conservation law made by sections twelve and thirteen of this act
55 shall take effect January 1, 2017.
