Bill Text: NY S04633 | 2011-2012 | General Assembly | Introduced

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Bill Title: Prohibits the taking of striped bass from the Hudson river for commercial purposes; defines the pertinent portions of the Hudson river and "taking of striped bass for commercial purposes"; does not prohibit lawful taking of striped bass by angling for recreational purposes; provides for expiration thereof.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-06-21 - SUBSTITUTED BY A7487 [S04633 Detail]

Download: New_York-2011-S04633-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4633
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    April 14, 2011
                                      ___________
       Introduced  by Sen. GRISANTI -- 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
         prohibiting  the  taking  of  striped  bass  from the Hudson river for
         commercial purposes; and providing for the repeal of  such  provisions
         upon expiration thereof
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Section 11-1321 of the environmental conservation  law  is
    2  amended by adding a new subdivision 10 to read as follows:
    3    10.  (A)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY,
    4  THE TAKING OF STRIPED BASS FOR COMMERCIAL PURPOSES FROM THE HUDSON RIVER
    5  IS PROHIBITED.  STRIPED  BASS  UNINTENTIONALLY  TAKEN  CONTRARY  TO  ANY
    6  PROVISION OF THIS ARTICLE SHALL BE RETURNED TO THE WATER AT ONCE WITHOUT
    7  UNNECESSARY INJURY.
    8    (B)  FOR  PURPOSES  OF  THIS SUBDIVISION: (I) "HUDSON RIVER" MEANS THE
    9  HUDSON RIVER FROM THE GEORGE WASHINGTON BRIDGE IN NEW YORK CITY  TO  THE
   10  FEDERAL  DAM  AT TROY, AND TRIBUTARY WATERS OF THAT SECTION OF THE RIVER
   11  FROM THE TRIBUTARY'S MOUTH UPSTREAM TO THE FIRST FALLS OR OTHER  BARRIER
   12  IMPASSABLE  TO  FISH;  AND  (II)  "TAKING OF STRIPED BASS FOR COMMERCIAL
   13  PURPOSES" MEANS THE TAKING OF SUCH FISH, BY ANY MEANS, FOR  PURPOSES  OF
   14  PURCHASING,  SELLING,  TRADING,  OR  BARTERING  SUCH FISH OR OFFERING OR
   15  EXPOSING SUCH FISH FOR PURCHASE, SALE, TRADE, OR BARTER.
   16    (C) NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO PROHIBIT THE LAWFUL
   17  TAKING OF STRIPED BASS BY ANGLING FOR RECREATIONAL PURPOSES.
   18    S 2. This act shall take effect on the one hundred twentieth day after
   19  it shall have become a law; provided, however that the  amendments  made
   20  by  section one of this act shall expire and be deemed repealed April 1,
   21  2015.  Effective immediately any rules and regulations necessary for the
   22  timely implementation of this act on its effective date may  be  promul-
   23  gated on or before such date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10856-01-1