S4072A-2011 Actions

• Jun 17, 2011: SUBSTITUTED BY A5347A
• Jun 7, 2011: AMENDED ON THIRD READING (T) 4072A
• May 9, 2011: ADVANCED TO THIRD READING
• May 4, 2011: 2ND REPORT CAL.
• May 3, 2011: 1ST REPORT CAL.435
• Mar 16, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S4072A-2011 Calendars

S4072A-2011 Memo

BILL NUMBER:S4072A

TITLE OF BILL:
An act
to amend the environmental conservation law,
in
relation to the harvesting of surf clams and ocean quahogs;
and providing for the repeal of such provisions upon the expiration
thereof

PURPOSE OR GENERAL IDEA OF BILL:
To make the harvesting of surf clams
and ocean quahogs more economical and sustainable into the future.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1.
Subdivision 15 of Section
13-0309 of the Environmental Conservation Law. as added by Chapter
512 of the Laws of 1994, paragraph a as amended by Chapter 323 of the
Laws of 1999, is amended and a new subdivision 16 is added to
authorize persons holding harvesting permits in New York's Atlantic
Ocean surf clam/ocean quahog fishery to cooperatively harvest surf
clams and ocean quahog and further provides far the consolidation of
the individual fishing quota from more than one Atlantic Ocean surf
clam/ocean quahog permit into a single permit.

Section 2. This act shall take immediately and shall expire and be
deemed repealed December 31, 2013.

JUSTIFICATION:
There currently are 22 Atlantic Ocean surf clam/ocean
quahog permits issued by the New York State Department of
Environmental Conservation (DEC) that allow the taking of surf clams
and ocean quahogs from the waters of the Atlantic Ocean. Each of
those permits is identified with a specific vessel with a specific
"Individual Fishing Quota" ("IFQ"). The "IFQ" is the maximum amount
of surf clams and ocean quahogs that may be harvested by a vessel in
any calendar year.

All clams harvested under a surf clam/ocean quahog permit can only be
harvested on the vessel identified on that permit. In cases where a
harvester holds more than one permit, they must have a separate
vessel far each permit. However, each individual quota is
insufficient to support the operation of a separate, individual
vessel on a cans is tent weekly basis. Consolidating more than one
IFQ onto one vessel will enable harvesters to operate fewer vessels
more safely and productively, thereby avoiding the enormous overhead
associated with maintaining a separate vessel for each IFQ. From an
environmental standpoint, reducing the number of vessels in the
fishery would better protect the surf clam and ocean quahag resource
from the effects of inefficient dredging by older dredges. This
effect will better ensure the future sustainability of one of New
York's - and one of the country's - most economically viable marine
fishery resources.


This legislation would also provide for "cooperative harvesting",
where each harvester can decide whether to, harvest his catch quota
from his own vessel or from another IFQ holder's vessel. Cage tags
that are issued by the DEC would be provided by the IFQ holder to the
captain of the harvesting vessel. The catch brought in by cooperative
harvesting would be identified on bath the IFQ holder's vessel and
the harvesting vessel on their weekly trip reports in order to,
ensure that daily catch limits established by DEC would not be
exceeded.

Enactment of this legislation providing for cooperative harvesting and
consolidation of individual fishing quotas would make harvesting of
the surf 'clam and ocean quahog fishery more economical, safer and
sustainable into, the future, all without any detrimental impact to
or increased harvesting of the resource.

PRIOR LEGISLATIVE HISTORY:
New legislation, 2011.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately and shall
expire and be deemed repealed December 31, 2013.

S4072A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 4072--A
 Cal. No. 435
 2011-2012 Regular Sessions
 I N  SENATE
 March 16, 2011
 
 Introduced  by  Sens. ZELDIN, JOHNSON, LAVALLE, MARCELLINO -- read twice
 and ordered printed, and when printed to be committed to the Committee
 on Environmental Conservation -- reported favorably from said  commit
 tee,  ordered  to first and second report, ordered to a third reading,
 amended and ordered reprinted, retaining its place  in  the  order  of
 third reading
 AN  ACT  to amend the environmental conservation law, in relation to the
 harvesting of surf clams and ocean  quahogs;  and  providing  for  the
 repeal of such provisions upon the expiration thereof
 

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

 

Section 1. Subdivision 15 of  section  13-0309  of  the  environmental
 conservation law, as added by chapter 512 of the laws of 1994, paragraph
 a  as  amended  by chapter 323 of the laws of 1999, is amended and a new
 subdivision 16 is added to read as follows:

 15. [Unless and until regulations are adopted implementing  a  compre-
 hensive  long-term  management plan for the protection of surf clams and
 ocean quahogs in New York waters prepared in conjunction with  the  surf
 clam/ocean quahog management advisory board pursuant to section 13-0308,
 of this title, the following restrictions shall apply in addition to any
 consistent regulations adopted prior to the date upon which such section
 shall take effect:
 a. a weekly catch limit not to exceed twenty-eight cages;
 b. an annual catch limit in certified waters of the Atlantic Ocean for
 surf clams not to exceed five hundred thousand bushels in the aggregate;
 c.  an  annual catch limit in certified waters other than the Atlantic
 Ocean for surf clams not to exceed fifty thousand bushels in the  aggre-
 gate; and
 d.  requiring  permittees  to  report  on a weekly basis the number of
 bushels harvested in the previous seven day period, and provide that the
 failure to file such weekly report may result in the revocation of  such
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06312-04-1
 
       S. 4072--A                          2
 person's  permit  by  the  department.] COOPERATIVE HARVESTING. NOTWITH
 STANDING ANY OTHER PROVISION OF THIS  CHAPTER  OR  RULE  OR  REGULATION,
 PERSONS  HOLDING  HARVESTING  PERMITS  IN NEW YORK'S ATLANTIC OCEAN SURF
 CLAM/OCEAN QUAHOG FISHERY ARE HEREBY AUTHORIZED TO COOPERATIVELY HARVEST
 ANY PORTION OF THE PERSON'S INDIVIDUAL FISHING QUOTA (IFQ) BY USE OF ANY
 VESSEL  THAT IS ELIGIBLE TO HARVEST SHELLFISH IN THE FISHERY, SUBJECT TO
 THE FOLLOWING:

 A. SUCH COOPERATIVE HARVESTING SHALL COMPLY WITH  DAILY  CATCH  LIMITS
 ESTABLISHED  FOR  THE  FISHERY  BY THE DEPARTMENT WHICH SHALL BE COUNTED
 AGAINST BOTH THE IFQ HOLDER VESSEL'S AND THE HARVESTING  VESSEL'S  DAILY
 CATCH LIMITS.
 B.  THE  HARVESTING  VESSEL  USED TO CATCH SUCH IFQ OR PORTION THEREOF
 SHALL BE IDENTIFIED TO THE DEPARTMENT IN BOTH THE IFQ HOLDER'S  AND  THE
 HARVESTING VESSEL'S REPORT TO THE DEPARTMENT.
 C.  IN  COOPERATIVE  HARVESTING THERE SHALL BE NO REQUIREMENT THAT THE
 CAPTAIN OF THE IFQ HOLDER'S VESSEL BE ON  BOARD  THE  HARVESTING  VESSEL
 DURING HARVESTING.
 D.  IN  COOPERATIVE HARVESTING THE IFQ HOLDER WILL PROVIDE THE CAPTAIN
 OF THE HARVESTING VESSEL WITH SUCH CAGE TAGS AS ARE NECESSARY TO ACCOUNT
 FOR THE HARVEST ATTRIBUTABLE TO SUCH IFQ HOLDER.
 E. NOTHING HEREIN DESCRIBED SHALL ALTER THE DAILY,  WEEKLY  OR  ANNUAL
 CATCH LIMITS OBTAINABLE BY ANY IFQ HOLDER WITHIN THE FISHERY.
 16. CONSOLIDATION. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER
 OR  RULE  OR  REGULATION,  ANY  PERSON  WHO HOLDS AN ATLANTIC OCEAN SURF
 CLAM/OCEAN QUAHOG PERMIT IS AUTHORIZED  TO  REQUEST  THE  DEPARTMENT  TO
 CONSOLIDATE  THE  INDIVIDUAL  FISHING  QUOTA  (IFQ)  OR PORTIONS THEREOF
 ESTABLISHED FOR ITS VESSEL ONTO ONE OR MORE SUCH VESSELS AS THE  PERMIT
 TEE MAY DIRECT, SUBJECT TO THE FOLLOWING:

 A.  VESSELS  UPON  WHICH ANY IFQ OR PORTION OF AN IFQ ARE PLACED UNDER
 THIS PROVISION MUST HOLD A DEPARTMENT-ISSUED PERMIT  TO  PARTICIPATE  IN
 THE FISHERY.
 B. UPON TRANSFERRING THE ENTIRETY OF AN IFQ FROM ONE VESSEL TO ANOTHER
 OR  OTHERS,  THE  TRANSFERRING VESSEL SHALL BECOME INELIGIBLE TO PARTIC
 IPATE IN THE FISHERY UNTIL SUCH TIME AS THE VESSEL IS  PROPERLY  IDENTI
 FIED FOR USE TO THE DEPARTMENT ON ANOTHER ATLANTIC OCEAN SURF CLAM/OCEAN
 QUAHOG HARVESTING PERMIT.
 

S  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed December 31, 2013.

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