Relates to management of the American lobster.
Ayes (62): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (1): Sampson
TITLE OF BILL: An act to amend the environmental conservation law, in relation to the management of American lobster, to amend chapter 211 of the laws of 2008 amending the environmental conservation law relating to the management of American lobsters, in relation to the effectiveness thereof and to repeal section 2 of such chapter relating to the management of American lobsters
Purpose of the Bill: The bill would amend the Environmental Conservation Law (ECL) to (i) ensure the timely adoption of management measures required by the Atlantic States Marine Fisheries Commission (ASMFC) Amendment XVII and (ii) allow lobster parts and oversized lobsters lawfully landed outside of New York State waters to be sold within the state
Summary of Provisions:
Section 1 of the bill would amend ECL § 13-0329(5)(a), (d) to exempt from the limit associated with the taking, possession or sale of lobsters measuring a certain size those lobsters lawfully taken outside of New York in accordance with new ECL § 13-0329(18) and to clarify the current prohibition on the landing or possession of lobster parts.
Section 2 of the bill would:
* Add a new subdivision 17 to ECL § 13-0329 to (i) close the lobster fishery for ASMFC Area Six (Long Island Sound) annually from September 8 until November 28, (ii) require that all lobster traps and pots be removed from the water by September 22 unless the permittee is permitted or licensed to use the traps or pots to harvest other species, (iii) allow permit holders to set un-baited traps or pots beginning November 14, and (iv) to bait traps beginning November 21;
* Add a new subdivision 18 to allow lobsters greater in length than provided in ECL § 1.30329(5) to be imported and possessed for export or sale so long as they were (i) legally taken in the state or country where they are landed, (ii) properly labeled or tagged and accompanied by a bill of lading, purchase order or manifest stating the state or country where the lobster was landed, and, if applicable, the ASFMC Area where the lobster was taken; and (iii) imported, possessed and exported by a person with a dealers and shippers license. DEC would be authorized to promulgate regulations necessary to implement this subdivision; and
* Add a new subdivision 19 to provide that detached lobster parts may only be possessed, purchased, sold, bartered, traded, imported, or exported if the lobster was legally taken where it was landed, and the parts are properly packaged and labeled, identifying where the lobster was landed.
Section 3 of the bill would amend ECL § 13-0334 to add two new subdivisions 6 and 7 to provide that a licensed dealer or shipper may sell, barter, or trade oversized lobsters lawfully landed in another state, lobster management area or country, provided he or she notifies DEC of his or her actions in a manner prescribed by the department and
the applicable lobsters are secured or tagged in accordance with ECL 13-0329(18)(a) and (b). This section would also authorize the sale of lobster parts as long as they comply with ECL § 13-0329(19).
Section 4 of the bill would repeal section 2 of chapter 211 of the laws of 2008
Section 5 of the bill would amend section 3 of chapter 211 of the laws of 2008 to eliminate the requirement that section 2 of that act be enacted upon notification by the DEC Commissioner that the alternative conservation-equivalent plan was adopted by the ASMFC to replace the minimum size limit of 3318 inches.
Section 6 provides that the bill would take effect thirty days after enactment.
Existing law: ECL § 13-0329 allows for the taking and management of American lobster. ECL § 13-0329(.5)(a) limits the taking, possession, buying, selling importation, and exportation of lobsters smaller than 3 3/8 inches or greater than 5 1/4 inches. ECL § 13-0329(5)(a), as added by section 2 of chapter 211 of the laws of 2008, would have established a minimum lobster size of 3 5/16 inches but was never implemented as ASFMC never adopted the alternative conservation-equivalent plan, creating confusion in the law by listing two different minimum size limits for lobster. ECL § 13-0329(5)(d) prohibits the landing or possession of lobsters or parts thereof not in the shell. ECL § 13-0334 requires that only licensed dealers or shippers may resell, trade or barter food fish and crustacea, including lobsters.
Prior Legislative history: This is a new bill.
Statement in Support: The Southern New England lobster stock is experiencing persistent recruitment failures caused by both environmental impacts, such as low oxygen in the water and warming waters, and fishing mortality.
In February 2012, the American Lobster Management Board of the ASFMC approved Addendum XVII to Amendment .5 of the American Lobster Interstate Fishery Management Plan (FMP) to implement a 10 percent reduction in the exploitation of the lobster stock. The addendum addresses rebuilding the Southern New England lobster stock and contains conservation measures with respect to lobster conservation management areas (LCMAs) 2, 3, 4, 5, and 6 to mitigate declining lobster populations in the New York area. All applicable states were to comply with the requirements of the Addendum by December 15, 2012
In consultation with each Lobster Management Conservation Team in New York, DEC met its obligations by, among things, (i) instituting seasonal closures for LCMAs 4, 5, and 6 to meet the FMP-mandated take reduction, (ii) including within the seasonal closure a two week gear removal and two week gear replacement grace period, and (iii) prohibiting lobster traps from being baited more than one week prior to season reopening DEC implemented each of these recommendations by regulations adopted in 2012 for all applicable areas in New York except Long Island Sound. DEC excluded Long Island Sound because DEC lacks statutory authority to implement regulations for the applicable
LCMA - Area 6. Nevertheless, failure to implement the new rules by the compliance date could result in being determined to be out of compliance with the Interstate Fisheries Management Plan and subject to federal sanctions by the National Marine Fisheries Service. The bill would provide DEC with the necessary authority to adopted regulations associated LCMA 6.
The bill would also clarify statutory requirements related to the sale of large lobsters and parts of lobsters. Under existing law, the sale of lobsters bigger than 5114 inches is prohibited in New York regardless of where the lobsters are taken, and the law is unclear as to the legality of possessing or selling detached lobster parts. This prohibition prevents licensed dealers from purchasing or making available for sale "oversized" lobsters that have been legally landed in other states or countries while the lobster parts restriction creates confusion for grocery stores and law enforcement. Allowing licensed shippers and dealers to sell properly packaged and labeled lobster parts and properly tagged oversized lobsters would provide opportunities for dealers interested in providing such lobsters and parts to restaurants, grocery stores or seafood markets, while protecting New York's lobster fishery.
Finally, the bill would repeal provisions of the law which would have changed the minimum allowable lobster size from 3 3/8 inches to 3 5/16 inches. This provision was never implemented as ASFMC never adopted the alternative conservation-equivalent plan. This change would make clear in the statute that the minimum size limits for lobster remains 3 3/8 inches.
Budget Implications: None.
Local Impact: None.
Effective Date: This bill would take effect 30 days after enactment
STATE OF NEW YORK ________________________________________________________________________ 4567 2013-2014 Regular Sessions IN SENATE April 11, 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 the management of American lobster, to amend chapter 211 of the laws of 2008 amending the environmental conservation law relating to the management of American lobsters, in relation to the effectiveness thereof and to repeal section 2 of such chapter relating to the management of American lobsters THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs a and d of subdivision 5 of section 13-0329 of the environmental conservation law, paragraph a as amended by section 1 of chapter 211 of the laws of 2008 and paragraph d as added by chapter 357 of the laws of 1998, are amended to read as follows: a. Except as provided in subdivisions 13
[and], 16 AND 18 of this section, only lobsters measuring three and three-eighths inches or more and five and one-quarter inches or less may be taken, possessed, bought, sold, imported and exported. All measurements are from the rear end of the eye socket along a line parallel to the center line of the body shell (carapace) to the rear end of the body shell (carapace). d. The landing or possession, IN THE MARINE DISTRICT, of lobster, or parts thereof, not in the shell, detached lobster tails or claws, or any other part of a lobster that has been separated from the lobster BY ANY PERSON WHO HAS A LOBSTER PERMIT ISSUED BY THE STATE is prohibited. [This prohibition applies to any lobstermen licensed by the state.]S 2. Section 13-0329 of the environmental conservation law is amended by adding three new subdivisions 17, 18 and 19 to read as follows: 17. A. NO LOBSTER MAY BE TAKEN FROM ATLANTIC STATES MARINE FISHERIES COMMISSION AREA SIX FROM SEPTEMBER EIGHTH THROUGH NOVEMBER TWENTY-EIGHTH PURSUANT TO THE RECOMMENDATIONS OF THE AREA'S LOBSTER CONSERVATIONEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08963-03-3 S. 4567 2
MANAGEMENT TEAM AS REQUIRED BY THE INTERSTATE FISHERY PLAN FOR LOBSTERS ADOPTED BY THE ATLANTIC STATES MARINE FISHERIES COMMISSION. B. DURING THE SEPTEMBER EIGHTH THROUGH NOVEMBER TWENTY-EIGHTH CLOSURE, LOBSTER PERMIT HOLDERS WHO USE LOBSTER TRAPS OR POTS SHALL REMOVE LOBSTER TRAPS AND POTS FROM THE WATER BY SEPTEMBER TWENTY-SECOND. C. NO LOBSTER TRAP OR POT MAY BE IN THE WATER FROM SEPTEMBER TWENTY-SECOND UNTIL NOVEMBER FOURTEENTH UNLESS THE LOBSTER PERMIT HOLDER ALSO HOLDS A PERMIT OR LICENSE THAT AUTHORIZES THEM TO HARVEST OTHER SPECIES FROM THEIR LOBSTER TRAPS OR POTS. D. LOBSTER PERMIT HOLDERS MAY SET UNBAITED LOBSTER TRAPS OR POTS BEGINNING NOVEMBER FOURTEENTH. E. LOBSTER PERMIT HOLDERS MAY SET BAITED LOBSTER TRAPS OR POTS BEGIN- NING NOVEMBER TWENTY-FIRST. 18. A. LOBSTERS GREATER IN LENGTH THAN PROVIDED IN SUBDIVISION 5 OF THIS SECTION MAY BE IMPORTED INTO THE STATE AND POSSESSED FOR EXPORTA- TION PROVIDED THAT: I. THE LOBSTERS WERE LEGALLY TAKEN IN THE STATE OR COUNTRY WHERE THE LOBSTERS WERE LANDED, AND, IF APPLICABLE, THE ATLANTIC STATES MARINE FISHERIES COMMISSION AREA WHERE THE LOBSTERS WERE TAKEN; II. THE LOBSTERS WERE PLACED IN CONTAINERS AND SEALED WITH TAMPER PROOF SEALS ACCEPTABLE TO THE DEPARTMENT IN THE STATE OR COUNTRY WHERE THE LOBSTERS WERE LANDED; III. THE LOBSTERS REMAIN IN THE SEALED CONTAINERS AT ALL TIMES WHILE THE LOBSTERS ARE POSSESSED IN THE STATE, INCLUDING THE PLACEMENT OF THE SEALED CONTAINERS IN HOLDING TANKS IN THE STATE; IV. EACH SEALED CONTAINER IS ACCOMPANIED WITH A LABEL, INVOICE, BILL OF LADING, PURCHASE ORDER OR MANIFEST IDENTIFYING THE STATE OR COUNTRY WHERE THE LOBSTERS WERE LANDED, AND, IF APPLICABLE, THE ATLANTIC STATES MARINE FISHERIES COMMISSION AREA WHERE THE LOBSTERS WERE TAKEN, THE NUMBER OF LOBSTERS CONTAINED THEREIN, AND THE DATE THE CONTAINER WAS SEALED; AND V. THE LOBSTERS ARE IMPORTED, POSSESSED AND EXPORTED TO OR BY A PERSON LICENSED PURSUANT TO SECTION 13-0334 OF THIS TITLE. B. LOBSTERS GREATER IN LENGTH THAN PROVIDED IN SUBDIVISION 5 OF THIS SECTION MAY BE IMPORTED, POSSESSED, SOLD OR OFFERED FOR SALE IN THE STATE PROVIDED THAT: I. THE LOBSTERS WERE LEGALLY TAKEN IN THE STATE OR COUNTRY WHERE THE LOBSTERS WERE LANDED, AND, IF APPLICABLE, THE ATLANTIC STATES MARINE FISHERIES COMMISSION AREA WHERE THE LOBSTERS WERE TAKEN; II. EACH LOBSTER IS TAGGED IN THE STATE OR COUNTRY WHERE THE LOBSTER WAS LANDED WITH A TAMPER RESISTANT TAG ACCEPTABLE TO THE DEPARTMENT. THE TAG SHALL BE ATTACHED TO THE LOBSTER AND IDENTIFY THE STATE OR COUNTRY WHERE THE LOBSTER WAS LANDED AND, IF APPLICABLE, THE ATLANTIC STATES MARINE FISHERIES COMMISSION AREA WHERE THE LOBSTER WAS TAKEN; III. THE TAG MUST REMAIN ON THE LOBSTER UNTIL IT IS SOLD TO THE END CONSUMER IN THE STATE, INCLUDING WHILE IN A HOLDING TANK IN A RESTAURANT OR RETAIL OUTLET; IV. EACH SHIPMENT OF TAGGED LOBSTERS IS ACCOMPANIED WITH A LABEL, INVOICE, BILL OF LADING, PURCHASE ORDER OR MANIFEST IDENTIFYING THE STATE OR COUNTRY AND, IF APPLICABLE, THE ATLANTIC STATES MARINE FISHER- IES COMMISSION AREA WHERE THE LOBSTERS WERE TAKEN, THE NUMBER OF LOBSTERS CONTAINED THEREIN, AND THE DATE OR DATES THE LOBSTERS WERE HARVESTED; AND V. THE LOBSTERS ARE IMPORTED, POSSESSED AND SOLD OR OFFERED FOR SALE IN THE STATE BY A PERSON LICENSED PURSUANT TO SECTION 13-0334 OF THIS TITLE.S. 4567 3
C. THE DEPARTMENT MAY PROMULGATE REGULATIONS NECESSARY TO IMPLEMENT THIS SUBDIVISION. 19. LOBSTERS, OR PARTS THEREOF, NOT IN THE SHELL, DETACHED LOBSTER TAILS OR CLAWS, OR ANY OTHER PART OF A LOBSTER THAT HAS BEEN SEPARATED FROM THE LOBSTER MAY ONLY BE POSSESSED, PURCHASED, OFFERED FOR SALE, TRADE OR BARTER, IMPORTED, OR EXPORTED, PROVIDED: A. THE LOBSTER WAS LEGALLY TAKEN IN THE STATE OR COUNTRY WHERE THE LOBSTER WAS LANDED, AND, IF APPLICABLE, THE ATLANTIC STATES MARINE FISH- ERIES COMMISSION AREA WHERE THE LOBSTER WAS TAKEN; B. THE LOBSTER PARTS ARE PACKAGED WITH LABELS IDENTIFYING THE STATE, OR COUNTRY WHERE THE LOBSTER WAS TAKEN AND IF APPLICABLE, THE ATLANTIC STATES MARINE FISHERIES COMMISSION AREA. LOBSTER PARTS MUST BE PACKAGED AND PROPERLY LABELED PRIOR TO BEING POSSESSED, SOLD, PURCHASED OR IMPORTED IN THE STATE. S 3. Section 13-0334 of the environmental conservation law is amended by adding two new subdivisions 6 and 7 to read as follows: 6. A LICENSED DEALER OR SHIPPER MAY ONLY IMPORT, EXPORT, POSSESS, OR OFFER FOR SALE, BARTER, OR TRADE, LOBSTERS GREATER IN LENGTH THAN PROVIDED BY SUBDIVISION 5 OF SECTION 13-0329 OF THIS TITLE IF: A. THE LICENSED DEALER OR SHIPPER HAS NOTIFIED THE DEPARTMENT IN WRIT- ING PRIOR TO TAKING SUCH ACTION ON A FORM PRESCRIBED BY THE DEPARTMENT; AND B. THE LOBSTERS ARE IN A SECURED CONTAINER IN ACCORDANCE WITH PARA- GRAPH A OF SUBDIVISION 18 OF SECTION 13-0329 OF THIS TITLE OR TAGGED IN ACCORDANCE WITH PARAGRAPH B OF SUBDIVISION 18 OF SECTION 13-0329 OF THIS TITLE. 7. NO PERSON LICENSED AS A DEALER OR SHIPPER MAY IMPORT, EXPORT, POSSESS, OR OFFER FOR SALE, BARTER, TRADE, LOBSTERS, OR PARTS THEREOF, NOT IN THE SHELL, DETACHED LOBSTER TAILS OR CLAWS, OR ANY OTHER PART OF A LOBSTER THAT HAS BEEN SEPARATED FROM THE LOBSTER EXCEPT AS AUTHORIZED BY SUBDIVISION 19 OF SECTION 13-0329 OF THIS TITLE. S 4. Section 2 of chapter 211 of the laws of 2008 amending the envi- ronmental conservation law relating to the management of American lobsters is REPEALED. S 5. Section 3 of chapter 211 of the laws of 2008 amending the envi- ronmental conservation law relating to the management of American lobsters is amended to read as follows: S 3. This act shall take effect July 1, 2008
[; provided however that section two of this act shall take effect on the effective date of an alternative conservation-equivalent plan approved by the Atlantic States Marine Fisheries Commission which achieves equivalent conservation value in place of the required three and three-eighths inches minimum gauge length for American lobster in Atlantic States Marine Fisheries Commis- sion Lobster Conservation Management Area 6, provided that the commis- sioner of environmental conservation shall notify the legislative bill drafting commission of the effective date of such alternative conserva- tion - equivalent plan in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effecting provisions of section 44 of the legislative law and section 70-b of the public offi- cers law]. S 6. This act shall take effect on the thirtieth day after it shall have become a law.