Bill Text: NY A04652 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 4652 (Prior Session Legislation)

Introduced

Bill Title: Authorizes the taking of surf clams or ocean quahogs by mechanical means from the Atlantic Ocean for commercial purposes if the vessel is 90 feet in length or less.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to environmental conservation [A04652 Detail]

Download: New_York-2011-A04652-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4652
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 4, 2011
                                      ___________
       Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
         Committee on Environmental Conservation
       AN ACT to amend the environmental conservation law, in relation  to  the
         taking of surf clams and ocean quahogs for commercial purposes
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1  of  section  13-0349  of  the  environmental
    2  conservation  law,  as  amended  by  chapter 485 of the laws of 2010, is
    3  amended to read as follows:
    4    1. No person shall take food fish, shellfish, or  crustacea  from  the
    5  waters  of the marine and coastal district for commercial purposes using
    6  a commercial fishing vessel  longer  than  seventy  feet  in  registered
    7  length; PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS SECTION SHALL NOT
    8  APPLY  TO VESSELS USED TO TAKE SURF CLAMS OR OCEAN QUAHOGS BY MECHANICAL
    9  MEANS FROM THE WATERS OF THE ATLANTIC OCEAN, PROVIDED THAT SUCH  VESSELS
   10  ARE  EQUAL  TO  OR  LESS THAN NINETY FEET IN LENGTH AS DOCUMENTED BY THE
   11  U.S. COAST GUARD PURSUANT TO TITLE 46 C.F.R. PART 67.   For purposes  of
   12  this  section a person shall be presumed to be taking food fish, shellf-
   13  ish or crustacea for  commercial  purposes  when  setting,  maintaining,
   14  operating  or using nets, except seines not larger than thirty feet long
   15  or four feet deep or lift nets not  larger  than  sixteen  square  feet;
   16  traps,  except  bait traps not more than thirty inches in length; combs;
   17  dredges; pots; or hook and line, except by angling.
   18    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08008-01-1