Bill Text: NY S05738 | 2013-2014 | General Assembly | Amended

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Bill Title: Relates to the regulation of surf clams/ocean quahogs.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2014-01-08 - REFERRED TO ENVIRONMENTAL CONSERVATION [S05738 Detail]

Download: New_York-2013-S05738-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5738--B
           Cal. No. 1048
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     June 10, 2013
                                      ___________
       Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Environmental Conservation
         -- committee discharged, bill amended, ordered  reprinted  as  amended
         and  recommitted  to  said  committee -- committee discharged and said
         bill committed to the Committee on Rules -- ordered to a  third  read-
         ing,  amended  and ordered reprinted, retaining its place in the order
         of third reading
       AN ACT to amend the environmental conservation law, in relation to regu-
         lations on surf clams/ocean quahogs; and to amend chapter 158  of  the
         laws  of  2011 amending the environmental conservation law relating to
         the harvesting of surf clams and ocean quahogs, in relation to  making
         certain provisions permanent
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 15 of  section  13-0309  of  the  environmental
    2  conservation  law,  as  amended  by  chapter 158 of the laws of 2011, is
    3  amended to read as follows:
    4    15. Cooperative harvesting. Notwithstanding  any  other  provision  of
    5  this  chapter  or rule or regulation, persons holding harvesting permits
    6  in New York's Atlantic Ocean surf clam/ocean quahog fishery  are  hereby
    7  authorized to cooperatively harvest any portion of the person's individ-
    8  ual fishing quota (IFQ) by use of any vessel that is eligible to harvest
    9  shellfish in the fishery, subject to the following:
   10    a.  Such  cooperative  harvesting shall comply with daily catch limits
   11  established for the fishery by the department  which  shall  be  counted
   12  against  both  the IFQ holder vessel's and the harvesting vessel's daily
   13  catch limits[.] ;
   14    b. The harvesting vessel used to catch such  IFQ  or  portion  thereof
   15  shall  be  identified to the department in both the IFQ holder's and the
   16  harvesting vessel's report to the department[.] ;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11415-11-3
       S. 5738--B                          2
    1    c. In cooperative harvesting there shall be no  requirement  that  the
    2  captain  of  the  IFQ  holder's vessel be on board the harvesting vessel
    3  during harvesting[.] ;
    4    d.  In  cooperative harvesting the IFQ holder will provide the captain
    5  of the harvesting vessel with such cage tags as are necessary to account
    6  for the harvest attributable to such IFQ holder[.] ;
    7    e. Nothing herein described shall alter the daily,  weekly  or  annual
    8  catch limits obtainable by any IFQ holder within the fishery[.];
    9    F.  THE DEPARTMENT MAY PROMULGATE A RULE OR REGULATION REQUIRING THOSE
   10  ENGAGING IN COOPERATIVE HARVESTING TO FILE A FORM NOTIFYING THE  DEPART-
   11  MENT  PRIOR  TO  COMMENCEMENT, PROVIDED HOWEVER, NOTHING IN THIS SECTION
   12  SHALL  AUTHORIZE  THE  DEPARTMENT  TO  DISAPPROVE  ANY  SUBMISSION  THAT
   13  COMPLIES WITH THE PROVISIONS OF THIS SECTION; AND
   14    G. THE DEPARTMENT MAY PROMULGATE A RULE OR REGULATION LIMITING COOPER-
   15  ATIVE HARVESTING TO NO MORE THAN FOUR PERMITS PER VESSEL.
   16    S  2. Subdivision 16 of section 13-0309 of the environmental conserva-
   17  tion law is amended by adding a new paragraph c to read as follows:
   18    C. THE CONSOLIDATION OF IFQS IS PROHIBITED FOR ANY  VESSEL  WHICH  WAS
   19  NOT CONSOLIDATED AS OF DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTEEN.
   20    S  3.  Section 2 of chapter 158 of the laws of 2011 amending the envi-
   21  ronmental conservation law relating to the harvesting of surf clams  and
   22  ocean quahogs, is amended to read as follows:
   23    S  2.  This act shall take effect immediately [and shall expire and be
   24  deemed repealed December 31, 2013].
   25    S 4. This act shall take effect immediately.