|SAME AS||SAME AS S02317|
|COSPNSR||Rosenthal L, Carroll, D'Urso, Fernandez, Niou, Simon, Colton, Griffin, Pheffer Amato|
|Amd §§13-0333 & 13-0343, En Con L|
|Relates to the taking of menhaden; provides that menhaden (Brevoortia tyrannus) from which oil or meal is made may not be taken from the waters of the marine district with a purse seine unless the department determines there is an imminent risk of a fish kill.|
A02571 Floor Votes:
|Barnwell||Y||De La Rosa||Y||Griffin||Y||McDonough||Y||Raia||Y||Steck||Y|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2571 SPONSOR: Englebright
TITLE OF BILL: An act to amend the environmental conservation law, in relation to the taking of menhaden   PURPOSE OR GENERAL IDEA OF BILL: This bill would prohibit the taking of menhaden by use of a purse seine.   SUMMARY OF PROVISIONS: Section 13-0333 subdivision 1 of the Environmental Conservation Law (ECL) is amended to state that menhaden may not be taken with a purse seine. However, the Department of Environmental Conservation (DEC) shall have authority to issue a temporary order to take menhaden with purse seines if they determine that there is an imminent risk of a fishkill. Such determination shall be made after consideration of the waterbody's characteristics, such as a waterbody that has a history of hypoxia. Additionally, section 13-0333 is amended to repeal the provisions related to purse seine licenses from the Department of Environmental Conservation. Section 13-0343 subdivision 2 of the ECL is amended to repeal the provision related to taking menhaden with purse seines when operated from boats in Richmond County.   JUSTIFICATION: Atlantic Menhaden are a major food source for whales, dolphins, coastal sharks, predatory fish, seals, and seabirds. A single humpback whale can eat thousands of pounds of Menhaden per day. They are used as bait fish by recreational and commercial fisherman, and support fish meal and oil based products industries. These small fish have been referred to as one of the most important species in the ocean. Just prior to 2012, Atlantic Menhaden were overfished to just a small percentage of their historic abundance. Measures were taken by the Atlantic States Marine Fisheries Commission in 2012 to attempt to restore the Menhaden population. These recent efforts have been successful. Menhaden have been returning to New York's coastal waters in historic numbers. This is good news to the striped bass fisheries on Long Island, and the replenished food source is bringing whales and dolphins back to New York's coast, posi- tively contributing to the tourism industry. Purse seines are large nets that encircle schools of fish and are then closed at the bottom like a drawstring purse. Because the Menhaden popu- lation has been so low, purse seines have not been used in New York for several years, but as the populations grow, it is important to consider sustainable management of this keystone species. This legislation is necessary in order to prevent repeating history to the detriment of the marine ecosystem and the economies that rely on them.   PRIOR LEGISLATIVE HISTORY: 2017-18 A10506A passed assembly   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the State.   EFFECTIVE DATE: This act shall take effect immediately.
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STATE OF NEW YORK ________________________________________________________________________ 2571 2019-2020 Regular Sessions IN ASSEMBLY January 23, 2019 ___________ Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to the taking of menhaden The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 13-0333 of the environmental conservation law, 2 subdivisions 1 and 2 as amended by chapter 427 of the laws of 1979, 3 subdivisions 3, 4 and 5 as amended and subdivisions 6, 7, 9, 10 and 11 4 as added by chapter 60 of the laws of 1997, and paragraph b of subdivi- 5 sion 4 and subdivision 8 as amended by chapter 156 of the laws of 1997, 6 is amended to read as follows: 7 § 13-0333. Menhaden; [ license;] prohibited acts. 8 [ 1.] Menhaden (Brevoortia tyrannus) from which oil or meal is made, 9 subject to the provisions of section 13-0343, may not be taken from the 10 waters of the marine district with a purse seine [ provided a license is11 first obtained from the department.12 2. Each license shall be issued to cover one vessel and pertinent13 equipment by which such fish are taken and shall be issued in the name14 of the owner, lessee or operator of each vessel so used. License fees15 shall be computed on the basis of gross tonnage of the vessel to be16 licensed as indicated in the document, certificate of award, register,17 registration, enrollment or license of such vessel issued by the United18 States or any state.19 3. The license fee shall be: For each vessel:20 30 gross tons or less 25 dollars21 more than 30 gross tons and less than22 200 gross tons 500 dollars23 more than 200 gross tons 2,000 dollarsEXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05555-04-9A. 2571 2 1 All licenses issued under this section shall expire on December 312 following date of issue.3 4. For the purpose of this chapter, commercial menhaden purse seines4 may not be used or set:5 a. in the area of Long Island Sound extending west of an imaginary6 line from the New York state-Connecticut boundary line (Byram River)7 extending easterly and southerly to buoy 13 (off Eaton's Neck).8 b. in Long Island Sound south of a straight line one-half mile seaward9 of a straight line between buoy 13 (off Eaton's Neck) and buoy 9 (off10 Sound Beach).11 Distances shall be determined from straight lines drawn between the12 designated buoys and navigational aids.13 5. No person shall take menhaden by purse seining except during the14 period commencing on the Monday following the fourth day of July and15 ending on the third Friday in October. Nothing in this subdivision16 shall be construed as legalizing the taking of menhaden by purse seining17 on weekends or legal holidays during the period provided for in this18 subdivision.19 6. The department shall, in consultation with the menhaden industry,20 have the authority to require menhaden purse seine vessels to carry a21 department-approved observer during their operation in New York state22 waters. Beginning July sixth, nineteen hundred ninety-eight, the depart-23 ment shall require menhaden purse seine vessels equal to or greater than24 two hundred gross tons to carry a department-approved observer during25 their operation in New York state waters. Such observers shall independ-26 ently note and record information, as directed by the department, on27 such items as fishing location, menhaden catch, by-catch, and any user28 conflicts. The license holder for the vessel for which an observer is29 required will be responsible for the costs of such observer. The30 department shall promulgate rules and regulations to establish appropri-31 ate procedures for the assessment and collection of costs for the32 observers.33 7. The operator of a menhaden purse seine vessel shall report to the34 department twenty-four hours prior to entering the waters of the state35 and shall submit to the department a regular and timely report of their36 total harvest. The department shall develop regulations six months from37 the effective date of this subdivision related to this reporting38 requirement.39 8. The department shall, in cooperation with the Connecticut Depart-40 ment of Environmental Protection and consistent with the Long Island41 Sound Bi-state committee resolution regarding commercial menhaden fish-42 ing, undertake a water quality assessment of the effect of menhaden43 vessel fish hold waste on Long Island Sound water quality. The depart-44 ment shall report back within one year of the effective date of this45 subdivision thereon to the governor, the temporary president of the46 senate, the speaker of the assembly, and the chairmen of the senate and47 assembly environmental conservation committees with its findings and48 recommendations for reducing or eliminating the adverse aesthetic,49 ecological, and water quality impacts of said discharge.50 9. Licensees shall be legally and financially responsible for the51 clean up of fish lost during any fishing or fish handling operations.52 The department shall establish regulations to enforce this subdivision.53 10. The department shall adopt regulations to prohibit or further54 limit menhaden fishing when required by, and consistent with, the Inter-55 state Fishery Management plan for Atlantic menhaden adopted pursuant toA. 2571 3 1 the Fishery Conservation and Management Act (16 USC 1800 et seq.) and2 adopted by the Atlantic States Marine Fisheries Commission.3 11. The department, in cooperation with the Connecticut Department of4 Environmental Protection and consistent with the Long Island Sound5 Bi-state committee resolution regarding commercial menhaden fishing,6 shall evaluate the appropriateness and effectiveness of establishing a7 limit on the number of purse seine vessels that may be allowed to fish8 on Long Island Sound. The department shall, in cooperation with the9 Connecticut Department of Environmental Protection and consistent with10 the Long Island Sound Bi-state committee resolution regarding commercial11 menhaden fishing, evaluate the benefits and effectiveness of establish-12 ing a cap on the quantity of menhaden that can be harvested from Long13 Island Sound in one year. The department shall, in consultation with the14 menhaden fishing industry, investigate means of regulating the depth at15 which menhaden purse seines are set with respect to the depth of the16 water in their respective locations. The department shall, in cooper-17 ation with the Connecticut Department of Environmental Protection and18 consistent with the Long Island Sound Bi-state committee resolution19 regarding commercial menhaden fishing, provide a report of its findings20 and recommendations thereon to the governor, the temporary president of21 the senate, the speaker of the assembly, and the chairmen of the senate22 and assembly environmental conservation committees within one year of23 the effective date of this subdivision]; provided however, that the 24 department shall have the authority to issue a temporary order allowing 25 the use of purse seines for taking menhaden, pursuant to temporary 26 permits, if the department determines that there is an imminent risk of 27 a fish kill resulting from the presence of unusually large amounts of 28 menhaden in waters of the marine and coastal district in or adjacent to 29 waterbody segments that are characteristic of locations likely to expe- 30 rience fish kills or that have a history of hypoxia. Prior to issuing 31 such temporary order, the department shall first consider other fishing 32 methods authorized under this chapter, including but not limited to 33 beach seines, and shall only issue a temporary order if the department 34 determines that such other fishing methods will not sufficiently miti- 35 gate the conditions precipitating the potential fish kill. Such order 36 shall include the department's justification for the use of purse 37 seines, time, geography, and poundage specifications, and any other 38 conditions that the department deems appropriate and shall be posted on 39 the department's website. Following the adoption of such an order, the 40 department may issue temporary permits, not to exceed fourteen days and 41 subject to the conditions of the department's temporary order, allowing 42 for the harvest of menhaden. 43 § 2. Subdivision 2 of section 13-0343 of the environmental conserva- 44 tion law, as amended by chapter 546 of the laws of 1981, is amended to 45 read as follows: 46 2. In the waters of the marine district in the county of Richmond 47 purse seines may not be used to take menhaden [ when operated from48 boats]; and nets of not more than ten feet in length, operated by hand, 49 may be used to take minnows and shrimp for bait. 50 § 3. This act shall take effect immediately.