STATE OF NEW YORK
________________________________________________________________________
4279
2011-2012 Regular Sessions
IN SENATE
March 25, 2011
___________
Introduced by Sen. JOHNSON -- (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
extending the authority of the department of environmental conserva-
tion to manage various aquatic species
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 11-1303 of the environmental conservation law, as
2 amended by chapter 256 of the laws of 2007, is amended to read as
3 follows:
4 § 11-1303. Open seasons, size and catch limits and manner of taking fish
5 fixed by regulation.
6 Notwithstanding any other provision of this chapter, the department
7 may, until December thirty-first, two thousand [eleven] fifteen, fix by
8 regulation open seasons, size and catch limits and manner of taking of
9 all species of fish in all waters of the state, except marine fish named
10 in subdivisions 2 and 3 of section 13-0339 of this chapter and except to
11 the extent that such open seasons, size and catch limits and manner of
12 taking are otherwise specifically provided for in article 13 of this
13 chapter.
14 § 2. Subdivision 3 of section 11-0303 of the environmental conserva-
15 tion law, as amended by chapter 150 of the laws of 2007, is amended as
16 follows:
17 3. The department may, until December thirty-first, two thousand
18 [eleven] fifteen, fix by regulation measures for the management of
19 striped bass, including size limits, catch and possession limits, open
20 and closed seasons, closed areas, restrictions on the manner of taking
21 and landing, requirements for permits and eligibility therefor, record-
22 keeping requirements, requirements on the amount and type of fishing
23 effort and gear, and requirements relating to transportation, possession
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09808-02-1
S. 4279 2
1 and sale, provided that such regulations are no less restrictive than
2 requirements set forth in this chapter and provided further that such
3 regulations are consistent with the compliance requirements of applica-
4 ble fishery management plans adopted by the Atlantic States Marine Fish-
5 eries Commission and with applicable provisions of fishery management
6 plans adopted pursuant to the Federal Fishery Conservation and Manage-
7 ment Act (16 U.S.C. § 1800 et seq.).
8 § 3. Subdivision 3 of section 13-0323 of the environmental conserva-
9 tion law, as amended by chapter 144 of the laws of 2007, is amended to
10 read as follows:
11 3. The department may, until December thirty-first, two thousand
12 [eleven] fifteen, fix by regulation measures for the management of
13 oysters (Family Ostreidae) including size limits, catch and possession
14 limits, open and closed seasons, closed areas, restrictions on the
15 manner of taking and landing, requirements for permits and eligibility
16 therefor, recordkeeping and identification requirements, requirements on
17 the amount and type of fishing effort and gear, and requirements relat-
18 ing to transportation, possession and sale, provided that such regu-
19 lations are no less restrictive than requirements set forth in this
20 chapter.
21 § 4. Subdivision 8 of section 13-0325 of the environmental conserva-
22 tion law, as amended by chapter 142 of the laws of 2007, is amended to
23 read as follows:
24 8. The department may, until December [31] thirty-first, [2011] two
25 thousand fifteen, adopt by regulation measures for the management of
26 hard clams (Mercenaria mercenaria), soft or steamer clams (Mya arena-
27 ria), and razor clams (Ensis sp.), including size limits, catch and
28 possession limits, open and closed seasons, closed areas, restrictions
29 on the manner of taking and landing, requirements for permits and eligi-
30 bility therefor, recordkeeping and identification requirements, require-
31 ments on the amount and type of fishing effort and gear, and require-
32 ments relating to transportation, possession and sale, provided that
33 such regulations are no less restrictive than requirements set forth in
34 this chapter.
35 § 5. Section 13-0327 of the environmental conservation law, as amended
36 by chapter 148 of the laws of 2007, is amended to read as follows:
37 § 13-0327. Scallops; prohibited acts.
38 The department may, until December thirty-first, two thousand [eleven]
39 fifteen, adopt by regulation measures for the management of scallops
40 (Family Pectinidae) including size limits, catch and possession limits,
41 open and closed seasons, closed areas, restrictions on the manner of
42 taking and landing, requirements for permits and eligibility therefor,
43 recordkeeping and identification requirements, requirements on the
44 amount and type of fishing effort and gear, and requirements relating to
45 transportation, possession and sale, provided that such regulations are
46 no less restrictive than requirements set forth in this chapter.
47 § 6. Subdivision 16 of section 13-0329 of the environmental conserva-
48 tion law, as amended by chapter 366 of the laws of 2007, is amended to
49 read as follows:
50 16. The department may, until December thirty-first, two thousand
51 [eleven] fifteen, adopt regulations for Atlantic States Marine Fisheries
52 Commission Areas One, Two, Three, Four, Five, and Outer Cape Cod, to
53 implement conservation measures that affect take, possession and land-
54 ings of lobsters, pursuant to the recommendations of the respective
55 Area's Lobster Conservation Management Team as required by the Inter-
S. 4279 3
1 state Fishery Plan for Lobsters adopted by the Atlantic States Marine
2 Fisheries Commission.
3 § 7. Subdivision 6 of section 13-0330 of the environmental conserva-
4 tion law, as amended by chapter 143 of the laws of 2007, is amended to
5 read as follows:
6 6. The department may, until December thirty-first, two thousand
7 [eleven] fifteen, fix by regulation measures for the management of whelk
8 or conch (Busycon spp.), including size limits, catch and possession
9 limits, open and closed seasons, closed areas, restrictions on the
10 manner of taking and landing, requirements for permits and eligibility
11 therefor, recordkeeping requirements, requirements on the amount and
12 type of fishing effort and gear, and requirements relating to transpor-
13 tation, possession and sale, provided that such regulations are no less
14 restrictive than requirements set forth in this chapter and provided
15 further that such regulations are consistent with the compliance
16 requirements of applicable fishery management plans adopted by the
17 Atlantic States Marine Fisheries Commission and with applicable
18 provisions of fishery management plans adopted pursuant to the Federal
19 Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
20 § 8. Section 13-0340 of the environmental conservation law, as amended
21 by chapter 152 of the laws of 2007, is amended to read as follows:
22 § 13-0340. Bluefish (Pomatomus saltatrix).
23 The department may, until December thirty-first, two thousand [eleven]
24 fifteen, fix by regulation measures for the management of bluefish
25 (Pomatomus saltatrix), including size limits, catch and possession
26 limits, open and closed seasons, closed areas, restrictions on the
27 manner of taking and landing, requirements for permits and eligibility
28 therefor, recordkeeping requirements, requirements on the amount and
29 type of fishing effort and gear, and requirements relating to transpor-
30 tation, possession and sale, provided that such regulations are no less
31 restrictive than requirements set forth in this chapter and provided
32 further that such regulations are consistent with the compliance
33 requirements of applicable fishery management plans adopted by the
34 Atlantic States Marine Fisheries Commission and with applicable
35 provisions of fishery management plans adopted pursuant to the Federal
36 Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
37 § 9. Section 13-0340-a of the environmental conservation law, as
38 amended by chapter 152 of the laws of 2007, is amended to read as
39 follows:
40 § 13-0340-a. Weakfish (Cynoscion regalis).
41 The department may, until December thirty-first, two thousand [eleven]
42 fifteen, fix by regulation measures for the management of weakfish
43 (Cynoscion regalis), including size limits, catch and possession limits,
44 open and closed seasons, closed areas, restrictions on the manner of
45 taking and landing, requirements for permits and eligibility therefor,
46 recordkeeping requirements, requirements on the amount and type of fish-
47 ing effort and gear, and requirements relating to transportation,
48 possession and sale, provided that such regulations are no less restric-
49 tive than requirements set forth in this chapter and provided further
50 that such regulations are consistent with the compliance requirements of
51 applicable fishery management plans adopted by the Atlantic States
52 Marine Fisheries Commission and with applicable provisions of fishery
53 management plans adopted pursuant to the Federal Fishery Conservation
54 and Management Act (16 U.S.C. § 1800 et seq.).
S. 4279 4
1 § 10. Section 13-0340-b of the environmental conservation law, as
2 amended by chapter 152 of the laws of 2007, is amended to read as
3 follows:
4 § 13-0340-b. Fluke - summer flounder (Paralichthys dentatus).
5 The department may, until December thirty-first, two thousand [eleven]
6 fifteen, fix by regulation measures for the management of fluke or
7 summer flounder (Paralichthys dentatus), including size limits, catch
8 and possession limits, open and closed seasons, closed areas,
9 restrictions on the manner of taking and landing, requirements for
10 permits and eligibility therefor, recordkeeping requirements, require-
11 ments on the amount and type of fishing effort and gear, and require-
12 ments relating to transportation, possession and sale, provided that
13 such regulations are no less restrictive than requirements set forth in
14 this chapter and provided further that such regulations are consistent
15 with the compliance requirements of applicable fishery management plans
16 adopted by the Atlantic States Marine Fisheries Commission and with
17 applicable provisions of fishery management plans adopted pursuant to
18 the Federal Fishery Conservation and Management Act (16 U.S.C. § 1800 et
19 seq.).
20 § 11. Section 13-0340-c of the environmental conservation law, as
21 amended by chapter 145 of the laws of 2007, is amended to read as
22 follows:
23 § 13-0340-c. Winter flounder (Pleuorenectes americanus).
24 The department may, until December thirty-first, two thousand [eleven]
25 fifteen, fix by regulation measures for the management of winter flound-
26 er ([Pleuorenectes] Pseudopleuorenectes americanus), including size
27 limits, catch and possession limits, open and closed seasons, closed
28 areas, restrictions on the manner of taking and landing, requirements
29 for permits and eligibility therefor, recordkeeping requirements,
30 requirements on the amount and type of fishing effort and gear, and
31 requirements relating to transportation, possession and sale, provided
32 that such regulations are no less restrictive than requirements set
33 forth in this chapter and provided further that such regulations are
34 consistent with the compliance requirements of applicable fishery
35 management plans adopted by the Atlantic States Marine Fisheries Commis-
36 sion and with applicable provisions of fishery management plans adopted
37 pursuant to the Federal Fishery Conservation and Management Act (16
38 U.S.C. § 1800 et seq.).
39 § 12. Section 13-0340-e of the environmental conservation law, as
40 amended by chapter 145 of the laws of 2007, is amended to read as
41 follows:
42 § 13-0340-e. Scup (Stenotomus chrysops).
43 The department may, until December thirty-first, two thousand [eleven]
44 fifteen, fix by regulation measures for the management of scup (Stenoto-
45 mus chrysops), including size limits, catch and possession limits, open
46 and closed seasons, closed areas, restrictions on the manner of taking
47 and landing, requirements for permits and eligibility therefor, record-
48 keeping requirements, requirements on the amount and type of fishing
49 effort and gear, and requirements relating to transportation, possession
50 and sale, provided that such regulations are no less restrictive than
51 requirements set forth in this chapter and provided further that such
52 regulations are consistent with the compliance requirements of applica-
53 ble fishery management plans adopted by the Atlantic States Marine Fish-
54 eries Commission and with applicable provisions of fishery management
55 plans adopted pursuant to the Federal Fishery Conservation and Manage-
56 ment Act (16 U.S.C. § 1800 et seq.).
S. 4279 5
1 § 13. Section 13-0340-f of the environmental conservation law, as
2 amended by chapter 145 of the laws of 2007, is amended to read as
3 follows:
4 § 13-0340-f. Black sea bass (Centropristis striata).
5 The department may, until December thirty-first, two thousand [eleven]
6 fifteen, fix by regulation measures for the management of black sea bass
7 (Centropristis striata), including size limits, catch and possession
8 limits, open and closed seasons, closed areas, restrictions on the
9 manner of taking and landing, requirements for permits and eligibility
10 therefor, recordkeeping requirements, requirements on the amount and
11 type of fishing effort and gear and requirements relating to transporta-
12 tion, possession and sale, provided that such regulations are no less
13 restrictive than requirements set forth in this chapter and provided
14 further that such regulations are consistent with the compliance
15 requirements of applicable fishery management plans adopted by the
16 Atlantic States Marine Fisheries Commission and with applicable
17 provisions of fishery management plans adopted pursuant to the Federal
18 Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
19 § 14. Section 13-0340-g of the environmental conservation law, as
20 amended by chapter 139 of the laws of 2007, is amended to read as
21 follows:
22 § 13-0340-g. Monkfish (Lophius americanus, Lophius reticulatus and
23 Lophius gastrophysus).
24 The department may, until December thirty-first, two thousand [eleven]
25 fifteen, fix by regulation measures for the management of monkfish
26 (Lophius americanus, Lophius reticulatus and Lophius gastrophysus),
27 including size limits, catch and possession limits, open and closed
28 seasons, closed areas, restrictions on the manner of taking and landing,
29 requirements for permits and eligibility therefor, recordkeeping
30 requirements, requirements on the amount and type of fishing effort and
31 gear, and requirements relating to transportation, possession and sale,
32 provided that such regulations are no less restrictive than requirements
33 set forth in this chapter and provided further that such regulations are
34 consistent with the compliance requirements of applicable fishery
35 management plans adopted by the Atlantic States Marine Fisheries Commis-
36 sion and with applicable provisions of fishery management plans adopted
37 pursuant to the Federal Fishery Conservation and Management Act (16
38 U.S.C. § 1800 et seq.).
39 § 15. Subdivision 1 of section 13-0340-d of the environmental conser-
40 vation law, as amended by chapter 147 of the laws of 2007, is amended to
41 read as follows:
42 1. The department may, until December thirty-first, two thousand
43 [eleven] fifteen, fix by regulation measures for the management of
44 blackfish (Tautoga onitis), including size limits, catch and possession
45 limits, open and closed seasons, closed areas, restrictions on the
46 manner of taking and landing, requirements for permits and eligibility
47 therefor, recordkeeping requirements, requirements on the amount and
48 type of fishing effort and gear, and requirements relating to transpor-
49 tation, possession and sale, provided that such regulations are no less
50 restrictive than requirements set forth in this chapter and provided
51 further that such regulations are consistent with the compliance
52 requirements of applicable fishery management plans adopted by the
53 Atlantic States Marine Fisheries Commission and with applicable
54 provisions of fishery management plans adopted pursuant to the Federal
55 Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
S. 4279 6
1 § 16. Subdivision 3 of section 13-0360 of the environmental conserva-
2 tion law, as amended by chapter 151 of the laws of 2007, is amended to
3 read as follows:
4 3. Notwithstanding any other provision of this chapter, the department
5 may, until December thirty-first, two thousand [eleven] fifteen, adopt
6 regulations restricting the taking of fish, shellfish and crustacea in
7 any special management area designated pursuant to subdivision two of
8 this section. Such regulations may restrict the manner of taking of
9 fish, shellfish and crustacea in such areas and the landing of fish,
10 shellfish and crustacea which have been taken therefrom. Such regu-
11 lations shall be consistent with all relevant federal and interstate
12 fisheries management plans and with the marine fisheries conservation
13 and management policy set forth in section 13-0105 of this article.
14 § 17. Subdivision 4 of section 13-0338 of the environmental conserva-
15 tion law, as amended by chapter 141 of the laws of 2007, is amended to
16 read as follows:
17 4. The department may, until December thirty-first, two thousand
18 [eleven] fifteen, fix by regulation measures for the management of
19 sharks, including size limits, catch and possession limits, open and
20 closed seasons, closed areas, restrictions on the manner of taking and
21 landing, requirements for permits and eligibility therefor, recordkeep-
22 ing requirements, requirements on the amount and type of fishing effort
23 and gear, and requirements relating to transportation, possession and
24 sale, provided that such regulations are no less restrictive than
25 requirements set forth in this chapter and provided further that such
26 regulations are consistent with the compliance requirements of applica-
27 ble fishery management plans adopted by the Atlantic States Marine Fish-
28 eries Commission and with applicable provisions of fishery management
29 plans adopted pursuant to the Federal Fishery Conservation and Manage-
30 ment Act (16 U.S.C. §1800 et seq.).
31 § 18. This act shall take effect immediately.
