Bill Text: NY A07487 | 2011-2012 | General Assembly | Introduced

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Bill Title: Prohibits the taking of striped bass from the Hudson river for commercial purposes; defines the pertinent portions of the Hudson river and "taking of striped bass for commercial purposes"; does not prohibit lawful taking of striped bass by angling for recreational purposes; provides for expiration thereof.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-08-17 - signed chap.435 [A07487 Detail]

Download: New_York-2011-A07487-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7487
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 6, 2011
                                      ___________
       Introduced  by  M.  of  A.  ABINANTI,  CALHOUN,  JAFFEE, GALEF, SPANO --
         Multi-Sponsored by -- M. of A. LATIMER, PAULIN, SALADINO -- read  once
         and referred to the Committee 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    S 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  2015.  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.
                                                                  LBD10856-01-1