S4633-2011 Actions

• Jun 21, 2011: SUBSTITUTED BY A7487
• Jun 14, 2011: ADVANCED TO THIRD READING
• Jun 13, 2011: 2ND REPORT CAL.
• Jun 7, 2011: 1ST REPORT CAL.1042
• Apr 14, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S4633-2011 Meetings

S4633-2011 Votes

S4633-2011 Memo

BILL NUMBER:S4633

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA:
Prohibits the taking of striped bass from the
Hudson River for commercial purposes.

SUMMARY OF SPECIFIC PROVISIONS:
The bill adds a new subdivision 10 to
section 11-1321 of the environmental conservation law to prohibit
taking of striped bass from the Hudson River for commercial purposes.

JUSTIFICATION:
Chapter 29 of the Laws of 2000 required the New York
State Department of Environmental Conservation to appoint a Temporary
Advisory Committee to submit a report to the Commissioner that
included recommendations on commercial management of striped bass in
the Hudson River. The Committee resulted in no consensus decision on
reopening the fishery. The no-consensus results of the Committee
reflect the widespread uncertainty associated with reopening the
striped bass commercial fishery.

First, uncertainty regarding the toxicity of stripers taken from the
Hudson is widespread. PCBs that infest the waters of the Hudson are
taken up into the bodies of aquatic life and human ingestion of
PCB-laden fish has been linked to numerous cognitive and developmental
problems. Other heavy metals, most notably mercury, also contribute
to the public scrutiny and public health concerns of consuming fish
from the Hudson. Although recreational fishermen are more likely to
know fish consumption limits, a person who consumes a commercially
available fish would not know the health concerns of consuming such
fish.

Additionally, reopening of the Hudson River striped bass fishery would
have significant impact on the entire striped bass market.
Introduction of Hudson River striped bass into the national striped
bass market would cause consumer uncertainty and lack of confidence
in the market.
Consumers would not know if the striped bass they were consuming was
from the heavily polluted waters of the Hudson and would thus lose
confidence in the entire market. Therefore, the economic viability of
the striped bass market would be at stake well beyond the borders of
New York by introducing Hudson River striped bass into the market.

In local economic terms, the recreational striped bass angling
community provides large revenues to local Hudson River communities.
The depletion
of the striped bass population remains a huge concern if the fishery
is opened to commercial fishing. The depletion of the stock would
mean that immediate loss of the recreational anglers who travel from


across New York and the nation fish the "striper" and the loss of the
huge revenues they spend in River communities.

Concerns and uncertainties regarding impacts on public health, the
striped bass ecosystem, local economies, tourism, and the nation-wide
striped bass market merit the continued closure of the fishery for
commercial purposes. This bill will provide the proper statutory
means to accomplish such.

PRIOR LEGISLATIVE HISTORY:
Passed Senate in 2010.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the 120th day and be deemed
expired on April 1, 2015.

S4633-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4633
 2011-2012 Regular Sessions
 I N  SENATE
 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:

 

Section 1. 

Section 11-1321 of the environmental conservation  law  is
 amended by adding a new subdivision 10 to read as follows:

 10.  (A)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY,
 THE TAKING OF STRIPED BASS FOR COMMERCIAL PURPOSES FROM THE HUDSON RIVER
 IS PROHIBITED.  STRIPED  BASS  UNINTENTIONALLY  TAKEN  CONTRARY  TO  ANY
 PROVISION OF THIS ARTICLE SHALL BE RETURNED TO THE WATER AT ONCE WITHOUT
 UNNECESSARY INJURY.
 (B)  FOR  PURPOSES  OF  THIS SUBDIVISION: (I) "HUDSON RIVER" MEANS THE
 HUDSON RIVER FROM THE GEORGE WASHINGTON BRIDGE IN NEW YORK CITY  TO  THE
 FEDERAL  DAM  AT TROY, AND TRIBUTARY WATERS OF THAT SECTION OF THE RIVER
 FROM THE TRIBUTARY'S MOUTH UPSTREAM TO THE FIRST FALLS OR OTHER  BARRIER
 IMPASSABLE  TO  FISH;  AND  (II)  "TAKING OF STRIPED BASS FOR COMMERCIAL
 PURPOSES" MEANS THE TAKING OF SUCH FISH, BY ANY MEANS, FOR  PURPOSES  OF
 PURCHASING,  SELLING,  TRADING,  OR  BARTERING  SUCH FISH OR OFFERING OR
 EXPOSING SUCH FISH FOR PURCHASE, SALE, TRADE, OR BARTER.
 (C) NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO PROHIBIT THE LAWFUL
 TAKING OF STRIPED BASS BY ANGLING FOR RECREATIONAL PURPOSES.
 

S 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided, however that the  amendments  made
 by  section one of this act shall expire and be deemed repealed April 1,
 2015.  Effective immediately any rules and regulations necessary for the
 timely implementation of this act on its effective date may  be  promul
 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

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