Actions

Text

STATE OF NEW YORK
________________________________________________________________________

2902

2011-2012 Regular Sessions

IN ASSEMBLY

January 21, 2011
___________

Introduced  by M. of A. GABRYSZAK, SCHROEDER -- Multi-Sponsored by -- M.
  of A. LUPARDO -- read once and referred to the Committee  on  Environ-
  mental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  prohibiting the sale of angler-caught fish

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  2  of  section  11-1319 of the environmental
conservation law, as amended by chapter 193 of  the  laws  of  1992,  is
amended to read as follows:
  2. Sale.
  a.  Trout,  including  rainbow  trout,  Atlantic  salmon,  black bass,
walleye and muskellunge shall not be bought and sold.
  b. Bait fish named in section 11-1315 OF THIS TITLE shall not be  sold
for bait except as provided in that section.
  c. [The] FISH OR PARTS THEREOF TAKEN IN ACCORDANCE WITH THE PRIVILEGES
OF  A  LICENSE  ISSUED PURSUANT TO TITLE 7 OF THIS ARTICLE OR TAKEN BY A
MINOR PURSUANT TO SUBDIVISION 2 OF SECTION 11-0707 OF THIS ARTICLE SHALL
NOT BE BOUGHT OR SOLD OR OFFERED FOR SALE.
  D. UNLESS OTHERWISE PROHIBITED BY THIS SUBDIVISION, THE following fish
may be bought and sold at any time: (1)  the  marine  species  named  in
section  13-0339  OF  THIS  CHAPTER  or in regulations of the department
provided they are of the minimum size limits stated in such  section  or
in  such  regulations;  (2) fish [that may be] taken with nets [in] FROM
the Hudson River, Lake Erie and Lake  Ontario  as  authorized  by  regu-
lations  of  the department provided they are of the minimum size limits
stated in such regulations; AND  (3)  fish  not  specifically  named  in
[paragraph  d  of  this  subdivision  or  in  section] SECTIONS 13-0339,
11-1521 or 13-0347 OF THIS CHAPTER or in regulation adopted pursuant  to
section 11-1303[; (4) fish for which such regulations specify no minimum

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07774-02-1
A. 2902                             2

size  limits  and  specify  generally  without exceptions, that the open
season is "any time"] OF THIS TITLE.
  S  2.  Subdivision 4 of section 11-1703 of the environmental conserva-
tion law, paragraph b as amended by chapter 170 of the laws of 1980,  is
amended to read as follows:
  4.  Fish [of the following species] OR PARTS THEREOF taken outside the
state shall not be bought or sold OR OFFERED FOR SALE or otherwise traf-
ficked in if they WERE TAKEN PURSUANT TO THE PRIVILEGES OF A RECREATION-
AL OR SPORTFISHING LICENSE, OR IT THEY ARE OF THE FOLLOWING SPECIES  AND
are [of] less than the MINIMUM size limits specified in this subdivision
or in the sections to which it refers:
  a.  striped  bass,  fluke  or  summer flounder, blue porgie, weakfish,
mackerel, sea bass, king fish, cod fish, blackfish, winter flounder, all
as specified in section 13-0339;
  b. lake trout,  pickerel,  Atlantic  sturgeon,  Atlantic  (landlocked)
salmon, whitefish, northern pike, all as specified in regulations of the
department.
  S 3. This act shall take effect immediately.