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A04112 Summary:

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A04112 Floor Votes:

A04112 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4112
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 30, 2009
                                       ___________
 
        Introduced  by M. of A. BRODSKY -- read once and referred to the Commit-
          tee on Environmental Conservation
 
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          prohibiting  the  taking  of  striped  bass  from the Hudson river for
          commercial purposes; and providing for the repeal of  such  provisions
          upon expiration thereof
 

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  Section 11-1321 of the environmental conservation  law  is
     2  amended by adding a new subdivision 10 to read as follows:
     3    10.  (a)  Notwithstanding  any other provision of law to the contrary,
     4  the taking of striped bass for commercial purposes from the Hudson river
     5  is prohibited.  Striped  bass  unintentionally  taken  contrary  to  any
     6  provision of this article shall be returned to the water at once without
     7  unnecessary injury.
     8    (b)  For  purposes  of  this subdivision: (i) "Hudson river" means the
     9  Hudson river from the George Washington bridge in New York city  to  the
    10  federal  dam  at Troy, and tributary waters of that section of the river

    11  from the tributary's mouth upstream to the first falls or other  barrier
    12  impassable  to  fish;  and  (ii)  "taking of striped bass for commercial
    13  purposes" means the taking of such fish, by any means, for  purposes  of
    14  purchasing,  selling,  trading,  or  bartering  such fish or offering or
    15  exposing such fish for purchase, sale, trade, or barter.
    16    (c) Nothing in this subdivision shall be deemed to prohibit the lawful
    17  taking of striped bass by angling for recreational purposes.
    18    § 2. This act shall take effect on the one hundred twentieth day after
    19  it shall have become a law; provided, however that the  amendments  made
    20  by  section one of this act shall expire and be deemed repealed April 1,
    21  2013.  Effective immediately any rules and regulations necessary for the

    22  timely implementation of this act on its effective date may  be  promul-
    23  gated on or before such date.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
        A                                                          LBD07354-01-9