Bill Text: NY A06276 | 2013-2014 | General Assembly | Introduced


Bill Title: Prohibits the sale of angler-caught fish or parts thereof by individuals with a recreational fishing license or taken by a minor under the age of 16 without a license; prohibits the sale of certain fish or parts thereof taken from outside NYS pursuant to the privileges of a recreational or sportfishing license in New York.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-01-15 - enacting clause stricken [A06276 Detail]

Download: New_York-2013-A06276-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6276
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 25, 2013
                                      ___________
       Introduced  by  M.  of  A.  GABRYSZAK  -- Multi-Sponsored by -- M. of A.
         LUPARDO -- read once and referred to the  Committee  on  Environmental
         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:
    1    Section  1.  Subdivision  2  of  section  11-1319 of the environmental
    2  conservation law, as amended by chapter 193 of  the  laws  of  1992,  is
    3  amended to read as follows:
    4    2. Sale.
    5    a.  Trout,  including  rainbow  trout,  Atlantic  salmon,  black bass,
    6  walleye and muskellunge shall not be bought and sold.
    7    b. Bait fish named in section 11-1315 OF THIS TITLE shall not be  sold
    8  for bait except as provided in that section.
    9    c. [The] FISH OR PARTS THEREOF TAKEN IN ACCORDANCE WITH THE PRIVILEGES
   10  OF  A  LICENSE  ISSUED PURSUANT TO TITLE 7 OF THIS ARTICLE OR TAKEN BY A
   11  MINOR PURSUANT TO SUBDIVISION 2 OF SECTION 11-0707 OF THIS ARTICLE SHALL
   12  NOT BE BOUGHT OR SOLD OR OFFERED FOR SALE.
   13    D. UNLESS OTHERWISE PROHIBITED BY THIS SUBDIVISION, THE following fish
   14  may be bought and sold at any time: (1)  the  marine  species  named  in
   15  section  13-0339  OF  THIS  CHAPTER  or in regulations of the department
   16  provided they are of the minimum size limits stated in such  section  or
   17  in  such  regulations;  (2) fish [that may be] taken with nets [in] FROM
   18  the Hudson River, Lake Erie and Lake  Ontario  as  authorized  by  regu-
   19  lations  of  the department provided they are of the minimum size limits
   20  stated in such regulations; AND  (3)  fish  not  specifically  named  in
   21  [paragraph d of this subdivision or in section] SECTION 13-0339, 11-1521
   22  or  13-0347 OF THIS CHAPTER or in regulation adopted pursuant to section
   23  11-1303[; (4) fish for which such regulations specify  no  minimum  size
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08027-02-3
       A. 6276                             2
    1  limits and specify generally without exceptions, that the open season is
    2  "any time"] OF THIS TITLE.
    3    S  2.  Subdivision 4 of section 11-1703 of the environmental conserva-
    4  tion law, paragraph b as amended by chapter 170 of the laws of 1980,  is
    5  amended to read as follows:
    6    4.  Fish [of the following species] OR PARTS THEREOF taken outside the
    7  state shall not be bought or sold OR OFFERED FOR SALE or otherwise traf-
    8  ficked in if they WERE TAKEN PURSUANT TO THE PRIVILEGES OF A RECREATION-
    9  AL OR SPORTFISHING LICENSE, OR IT THEY ARE OF THE FOLLOWING SPECIES  AND
   10  are [of] less than the MINIMUM size limits specified in this subdivision
   11  or in the sections to which it refers:
   12    a.  striped  bass,  fluke  or  summer flounder, blue porgie, weakfish,
   13  mackerel, sea bass, king fish, cod fish, blackfish, winter flounder, all
   14  as specified in section 13-0339;
   15    b. lake trout,  pickerel,  Atlantic  sturgeon,  Atlantic  (landlocked)
   16  salmon, whitefish, northern pike, all as specified in regulations of the
   17  department.
   18    S 3. This act shall take effect immediately.
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