S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4220
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    March 14, 2013
                                      ___________
       Introduced  by  Sen. ZELDIN -- (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 whelk and conch
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 6  of  section  13-0330  of  the  environmental
    2  conservation  law,  as  amended  by  chapter 420 of the laws of 2011, is
    3  amended to read as follows:
    4    6. The department  may,  until  December  thirty-first,  two  thousand
    5  [thirteen]  FIFTEEN,  fix  by  regulation measures for the management of
    6  whelk  or  conch  (Busycon  spp.),  including  size  limits,  catch  and
    7  possession  limits,  open and closed seasons, closed areas, restrictions
    8  on the manner of taking and landing, requirements for permits and eligi-
    9  bility therefor, recordkeeping requirements, requirements on the  amount
   10  and type of fishing effort and gear, and requirements relating to trans-
   11  portation,  possession  and  sale, provided that such regulations are no
   12  less restrictive  than  requirements  set  forth  in  this  chapter  and
   13  provided  further  that such regulations are consistent with the compli-
   14  ance requirements of applicable fishery management plans adopted by  the
   15  Atlantic   States   Marine  Fisheries  Commission  and  with  applicable
   16  provisions of fishery management plans adopted pursuant to  the  Federal
   17  Fishery Conservation and Management Act (16 U.S.C. S 1800 et seq.).
   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.
                                                                  LBD08958-02-3