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S07421 Summary:

BILL NOS07421
 
SAME ASSAME AS A08043
 
SPONSORMARTINEZ
 
COSPNSR
 
MLTSPNSR
 
Add §13-0316-a, amd §71-0925, En Con L
 
Provides that no person shall engage in the aquaculture of any species of octopus in the state for the purpose of human consumption; provides no business entity shall sell, possess, or transport any species of octopus in the state that is the result or product of aquaculture; makes related provisions.
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S07421 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7421
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     April 15, 2025
                                       ___________
 
        Introduced  by Sen. MARTINEZ -- 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 octo-
          pus farming
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The environmental conservation law is amended by adding a
     2  new section 13-0316-a to read as follows:
     3  § 13-0316-a. Octopus farming.
     4    1. Definitions. As used in this section,  the  following  terms  shall
     5  have the following meanings:
     6    a.  "Aquaculture"  means  the  production  of  aquatic organisms under
     7  controlled conditions throughout part or all of their lifecycle.
     8    b. "Octopus" means a cephalopod mollusk with a  soft  body  and  eight
     9  limbs  belonging to the order Octopoda, and does not include wild caught
    10  octopuses or octopuses propagated, cultivated,  maintained,  reared,  or
    11  harvested only for research purposes unrelated to commercial production.
    12    2.  Prohibition.  a.  No person shall engage in the aquaculture of any
    13  species of octopus in the state for the purpose of human consumption.
    14    b. No business entity shall sell, possess, or transport any species of
    15  octopus in the state that is the result or product of aquaculture.
    16    § 2. Section 71-0925 of the environmental conservation law is  amended
    17  by adding a new subdivision 7-d to read as follows:
    18    7-d.  If  the  violation  was  an act prohibited by subdivision two of
    19  section 13-0316-a of this chapter, or any  rule  or  regulation  adopted
    20  pursuant  thereto,  not  to exceed one thousand dollars for each day and
    21  each offense. The department may adopt policies for  the  collection  of
    22  penalties.
    23    §  3.  This  act shall take effect immediately. Effective immediately,
    24  the addition, amendment and/or repeal of any rule or  regulation  neces-
    25  sary  for  the  implementation  of  this  act  on its effective date are
    26  authorized to be made and completed on or before such effective date.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09910-02-5
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