NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7270
SPONSOR: Thiele TITLE OF BILL: An act to amend the environmental conservation law, in
relation to blackfish or tautog
PURPOSE:
Prohibits those holding a marine and coastal district food fish landing
license from landing blackfish or tautog taken from waters outside the
marine and coastal district for commercial purposes.
SUMMARY OF PROVISIONS:
Amends subdivision 3 of Section 13-0335 of the Environmental Conserva-
tion Law to prohibit a person holding a marine and coastal district food
fish landing license from landing blackfish or tautog taken from waters
outside the marine and coastal district for commercial purposes.
JUSTIFICATION:
Under Section 13-0335 (3) of the Environmental Conservation Law, NYSDEC
is authorized to issue a commercial food fish landing license to State
residents and non-residents alike. The commercial food fish landing
license was developed originally to allow large US trawlers that fish
the federal waters of the East Coast to land their catch in New York.
Holders of this license are allowed to land fish in New York for commer-
cial sale that were harvested outside of State waters, either in the
exclusive economic zone or in waters of another state. Aside for a mini-
mum age requirement of 16, there are no eligibility requirements to
receive a food fish license. In particular, there is no fishing income
eligibility requirements for this license as there are for all other
State-issued commercial fishing licenses in New York State. With signif-
icant increases in demand and high dockside prices for live blackfish in
ethnic markets, the incentive is high for those possessing a food fish
landing license to go offshore and catch blackfish and return to New
York to sell them. More so, these individuals are free to fish for
blackfish outside of the recreational open season in New York. This
loophole is hurting the blackfish population and the commercial fishing
industry.
LEGISLATIVE HISTORY:
2015:New Legislation
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
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S. 5112 A. 7270
2015-2016 Regular Sessions
SENATE - ASSEMBLY
May 1, 2015
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Environmental
Conservation
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
blackfish or tautog
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 13-0335 of the environmental
2 conservation law, as amended by chapter 263 of the laws of 1997, is
3 amended to read as follows:
4 3. A person may land food fish, except as prohibited by this chapter
5 and except blackfish or tautog (tautoga onitis), taken from waters
6 outside [New York state boundaries] the marine and coastal district for
7 commercial purposes upon first obtaining a marine and coastal district
8 food fish landing license. The fee for such marine and coastal district
9 food fish landing license shall be five hundred dollars and shall cover
10 all persons employed by the licensee while engaged in such employment of
11 landing food fish.
12 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10632-01-5
