S T A T E O F N E W Y O R K
________________________________________________________________________
4567
2013-2014 Regular Sessions
I N S E N A T E
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 CONSERVATION
EXPLANATION--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.
