State Codes and Statutes

Statutes > New-york > Env > Article-13 > Title-3 > 13-0333

§ 13-0333. Menhaden; license; prohibited acts.    1.  Menhaden  (Brevoortia  tyrannus)  from  which oil or meal is made,  subject to the provisions of section 13-0343,  may  be  taken  from  the  waters  of  the marine district with a purse seine provided a license is  first obtained from the department.    2. Each license shall be issued to  cover  one  vessel  and  pertinent  equipment  by  which such fish are taken and shall be issued in the name  of the owner, lessee or operator of each vessel so  used.  License  fees  shall  be  computed  on  the  basis of gross tonnage of the vessel to be  licensed as indicated in the document, certificate of  award,  register,  registration,  enrollment or license of such vessel issued by the United  States or any state.    3. The license fee shall be: For each vessel:   30 gross tons or less                           25 dollars  more than 30 gross tons and less than  200 gross tons                                  500 dollars  more than 200 gross tons                      2,000 dollars   All licenses issued under this section shall expire on December 31  following date of issue.    4. For the purpose of this chapter, commercial menhaden  purse  seines  may not be used or set:    a.  in  the  area  of Long Island Sound extending west of an imaginary  line from the New York state-Connecticut  boundary  line  (Byram  River)  extending easterly and southerly to buoy 13 (off Eaton's Neck).    b. in Long Island Sound south of a straight line one-half mile seaward  of  a  straight  line between buoy 13 (off Eaton's Neck) and buoy 9 (off  Sound Beach).    Distances shall be determined from straight lines  drawn  between  the  designated buoys and navigational aids.    5.  No  person  shall take menhaden by purse seining except during the  period commencing on the Monday following the fourth  day  of  July  and  ending  on  the  third  Friday in October.   Nothing in this subdivision  shall be construed as legalizing the taking of menhaden by purse seining  on weekends or legal holidays during the period  provided  for  in  this  subdivision.    6.  The  department shall, in consultation with the menhaden industry,  have the authority to require menhaden purse seine vessels  to  carry  a  department-approved  observer  during  their operation in New York state  waters.  Beginning  July  sixth,  nineteen  hundred  ninety-eight,   the  department  shall  require  menhaden  purse  seine  vessels  equal to or  greater than two hundred  gross  tons  to  carry  a  department-approved  observer during their operation in New York state waters. Such observers  shall  independently  note  and  record  information, as directed by the  department, on such items as fishing location, menhaden catch, by-catch,  and any user conflicts. The license holder for the vessel for  which  an  observer is required will be responsible for the costs of such observer.  The  department  shall  promulgate  rules  and  regulations to establish  appropriate procedures for the assessment and collection  of  costs  for  the observers.    7.  The  operator of a menhaden purse seine vessel shall report to the  department twenty-four hours prior to entering the waters of  the  state  and  shall submit to the department a regular and timely report of their  total harvest.  The department shall develop regulations six months from  the effective  date  of  this  subdivision  related  to  this  reporting  requirement.8.   The   department  shall,  in  cooperation  with  the  Connecticut  Department of Environmental Protection  and  consistent  with  the  Long  Island Sound Bi-state committee resolution regarding commercial menhaden  fishing,  undertake a water quality assessment of the effect of menhaden  vessel  fish  hold  waste  on  Long  Island  Sound  water quality.   The  department shall report back within one year of the  effective  date  of  this subdivision thereon to the governor, the temporary president of the  senate,  the speaker of the assembly, and the chairmen of the senate and  assembly environmental conservation committees  with  its  findings  and  recommendations  for  reducing  or  eliminating  the  adverse aesthetic,  ecological, and water quality impacts of said discharge.    9. Licensees shall be legally  and  financially  responsible  for  the  clean  up  of  fish lost during any fishing or fish handling operations.  The department shall establish regulations to enforce this subdivision.    10. The department shall adopt  regulations  to  prohibit  or  further  limit  menhaden  fishing  when  required  by,  and  consistent with, the  Interstate  Fishery  Management  plan  for  Atlantic  menhaden   adopted  pursuant  to the Fishery Conservation and Management Act (16 USC 1800 et  seq.) and adopted by the Atlantic States Marine Fisheries Commission.    11. The department, in cooperation with the Connecticut Department  of  Environmental  Protection  and  consistent  with  the  Long Island Sound  Bi-state committee resolution  regarding  commercial  menhaden  fishing,  shall  evaluate  the appropriateness and effectiveness of establishing a  limit on the number of purse seine vessels that may be allowed  to  fish  on  Long  Island  Sound.  The  department shall, in cooperation with the  Connecticut Department of Environmental Protection and  consistent  with  the Long Island Sound Bi-state committee resolution regarding commercial  menhaden   fishing,   evaluate   the   benefits   and  effectiveness  of  establishing a cap on the quantity of menhaden  that  can  be  harvested  from   Long   Island  Sound  in  one  year.  The  department  shall,  in  consultation with the menhaden fishing industry,  investigate  means  of  regulating the depth at which menhaden purse seines are set with respect  to  the depth of the water in their respective locations. The department  shall, in cooperation with the Connecticut Department  of  Environmental  Protection  and consistent with the Long Island Sound Bi-state committee  resolution regarding commercial menhaden fishing, provide  a  report  of  its  findings and recommendations thereon to the governor, the temporary  president of the senate, the speaker of the assembly, and  the  chairmen  of  the senate and assembly environmental conservation committees within  one year of the effective date of this subdivision.

State Codes and Statutes

Statutes > New-york > Env > Article-13 > Title-3 > 13-0333

§ 13-0333. Menhaden; license; prohibited acts.    1.  Menhaden  (Brevoortia  tyrannus)  from  which oil or meal is made,  subject to the provisions of section 13-0343,  may  be  taken  from  the  waters  of  the marine district with a purse seine provided a license is  first obtained from the department.    2. Each license shall be issued to  cover  one  vessel  and  pertinent  equipment  by  which such fish are taken and shall be issued in the name  of the owner, lessee or operator of each vessel so  used.  License  fees  shall  be  computed  on  the  basis of gross tonnage of the vessel to be  licensed as indicated in the document, certificate of  award,  register,  registration,  enrollment or license of such vessel issued by the United  States or any state.    3. The license fee shall be: For each vessel:   30 gross tons or less                           25 dollars  more than 30 gross tons and less than  200 gross tons                                  500 dollars  more than 200 gross tons                      2,000 dollars   All licenses issued under this section shall expire on December 31  following date of issue.    4. For the purpose of this chapter, commercial menhaden  purse  seines  may not be used or set:    a.  in  the  area  of Long Island Sound extending west of an imaginary  line from the New York state-Connecticut  boundary  line  (Byram  River)  extending easterly and southerly to buoy 13 (off Eaton's Neck).    b. in Long Island Sound south of a straight line one-half mile seaward  of  a  straight  line between buoy 13 (off Eaton's Neck) and buoy 9 (off  Sound Beach).    Distances shall be determined from straight lines  drawn  between  the  designated buoys and navigational aids.    5.  No  person  shall take menhaden by purse seining except during the  period commencing on the Monday following the fourth  day  of  July  and  ending  on  the  third  Friday in October.   Nothing in this subdivision  shall be construed as legalizing the taking of menhaden by purse seining  on weekends or legal holidays during the period  provided  for  in  this  subdivision.    6.  The  department shall, in consultation with the menhaden industry,  have the authority to require menhaden purse seine vessels  to  carry  a  department-approved  observer  during  their operation in New York state  waters.  Beginning  July  sixth,  nineteen  hundred  ninety-eight,   the  department  shall  require  menhaden  purse  seine  vessels  equal to or  greater than two hundred  gross  tons  to  carry  a  department-approved  observer during their operation in New York state waters. Such observers  shall  independently  note  and  record  information, as directed by the  department, on such items as fishing location, menhaden catch, by-catch,  and any user conflicts. The license holder for the vessel for  which  an  observer is required will be responsible for the costs of such observer.  The  department  shall  promulgate  rules  and  regulations to establish  appropriate procedures for the assessment and collection  of  costs  for  the observers.    7.  The  operator of a menhaden purse seine vessel shall report to the  department twenty-four hours prior to entering the waters of  the  state  and  shall submit to the department a regular and timely report of their  total harvest.  The department shall develop regulations six months from  the effective  date  of  this  subdivision  related  to  this  reporting  requirement.8.   The   department  shall,  in  cooperation  with  the  Connecticut  Department of Environmental Protection  and  consistent  with  the  Long  Island Sound Bi-state committee resolution regarding commercial menhaden  fishing,  undertake a water quality assessment of the effect of menhaden  vessel  fish  hold  waste  on  Long  Island  Sound  water quality.   The  department shall report back within one year of the  effective  date  of  this subdivision thereon to the governor, the temporary president of the  senate,  the speaker of the assembly, and the chairmen of the senate and  assembly environmental conservation committees  with  its  findings  and  recommendations  for  reducing  or  eliminating  the  adverse aesthetic,  ecological, and water quality impacts of said discharge.    9. Licensees shall be legally  and  financially  responsible  for  the  clean  up  of  fish lost during any fishing or fish handling operations.  The department shall establish regulations to enforce this subdivision.    10. The department shall adopt  regulations  to  prohibit  or  further  limit  menhaden  fishing  when  required  by,  and  consistent with, the  Interstate  Fishery  Management  plan  for  Atlantic  menhaden   adopted  pursuant  to the Fishery Conservation and Management Act (16 USC 1800 et  seq.) and adopted by the Atlantic States Marine Fisheries Commission.    11. The department, in cooperation with the Connecticut Department  of  Environmental  Protection  and  consistent  with  the  Long Island Sound  Bi-state committee resolution  regarding  commercial  menhaden  fishing,  shall  evaluate  the appropriateness and effectiveness of establishing a  limit on the number of purse seine vessels that may be allowed  to  fish  on  Long  Island  Sound.  The  department shall, in cooperation with the  Connecticut Department of Environmental Protection and  consistent  with  the Long Island Sound Bi-state committee resolution regarding commercial  menhaden   fishing,   evaluate   the   benefits   and  effectiveness  of  establishing a cap on the quantity of menhaden  that  can  be  harvested  from   Long   Island  Sound  in  one  year.  The  department  shall,  in  consultation with the menhaden fishing industry,  investigate  means  of  regulating the depth at which menhaden purse seines are set with respect  to  the depth of the water in their respective locations. The department  shall, in cooperation with the Connecticut Department  of  Environmental  Protection  and consistent with the Long Island Sound Bi-state committee  resolution regarding commercial menhaden fishing, provide  a  report  of  its  findings and recommendations thereon to the governor, the temporary  president of the senate, the speaker of the assembly, and  the  chairmen  of  the senate and assembly environmental conservation committees within  one year of the effective date of this subdivision.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Env > Article-13 > Title-3 > 13-0333

§ 13-0333. Menhaden; license; prohibited acts.    1.  Menhaden  (Brevoortia  tyrannus)  from  which oil or meal is made,  subject to the provisions of section 13-0343,  may  be  taken  from  the  waters  of  the marine district with a purse seine provided a license is  first obtained from the department.    2. Each license shall be issued to  cover  one  vessel  and  pertinent  equipment  by  which such fish are taken and shall be issued in the name  of the owner, lessee or operator of each vessel so  used.  License  fees  shall  be  computed  on  the  basis of gross tonnage of the vessel to be  licensed as indicated in the document, certificate of  award,  register,  registration,  enrollment or license of such vessel issued by the United  States or any state.    3. The license fee shall be: For each vessel:   30 gross tons or less                           25 dollars  more than 30 gross tons and less than  200 gross tons                                  500 dollars  more than 200 gross tons                      2,000 dollars   All licenses issued under this section shall expire on December 31  following date of issue.    4. For the purpose of this chapter, commercial menhaden  purse  seines  may not be used or set:    a.  in  the  area  of Long Island Sound extending west of an imaginary  line from the New York state-Connecticut  boundary  line  (Byram  River)  extending easterly and southerly to buoy 13 (off Eaton's Neck).    b. in Long Island Sound south of a straight line one-half mile seaward  of  a  straight  line between buoy 13 (off Eaton's Neck) and buoy 9 (off  Sound Beach).    Distances shall be determined from straight lines  drawn  between  the  designated buoys and navigational aids.    5.  No  person  shall take menhaden by purse seining except during the  period commencing on the Monday following the fourth  day  of  July  and  ending  on  the  third  Friday in October.   Nothing in this subdivision  shall be construed as legalizing the taking of menhaden by purse seining  on weekends or legal holidays during the period  provided  for  in  this  subdivision.    6.  The  department shall, in consultation with the menhaden industry,  have the authority to require menhaden purse seine vessels  to  carry  a  department-approved  observer  during  their operation in New York state  waters.  Beginning  July  sixth,  nineteen  hundred  ninety-eight,   the  department  shall  require  menhaden  purse  seine  vessels  equal to or  greater than two hundred  gross  tons  to  carry  a  department-approved  observer during their operation in New York state waters. Such observers  shall  independently  note  and  record  information, as directed by the  department, on such items as fishing location, menhaden catch, by-catch,  and any user conflicts. The license holder for the vessel for  which  an  observer is required will be responsible for the costs of such observer.  The  department  shall  promulgate  rules  and  regulations to establish  appropriate procedures for the assessment and collection  of  costs  for  the observers.    7.  The  operator of a menhaden purse seine vessel shall report to the  department twenty-four hours prior to entering the waters of  the  state  and  shall submit to the department a regular and timely report of their  total harvest.  The department shall develop regulations six months from  the effective  date  of  this  subdivision  related  to  this  reporting  requirement.8.   The   department  shall,  in  cooperation  with  the  Connecticut  Department of Environmental Protection  and  consistent  with  the  Long  Island Sound Bi-state committee resolution regarding commercial menhaden  fishing,  undertake a water quality assessment of the effect of menhaden  vessel  fish  hold  waste  on  Long  Island  Sound  water quality.   The  department shall report back within one year of the  effective  date  of  this subdivision thereon to the governor, the temporary president of the  senate,  the speaker of the assembly, and the chairmen of the senate and  assembly environmental conservation committees  with  its  findings  and  recommendations  for  reducing  or  eliminating  the  adverse aesthetic,  ecological, and water quality impacts of said discharge.    9. Licensees shall be legally  and  financially  responsible  for  the  clean  up  of  fish lost during any fishing or fish handling operations.  The department shall establish regulations to enforce this subdivision.    10. The department shall adopt  regulations  to  prohibit  or  further  limit  menhaden  fishing  when  required  by,  and  consistent with, the  Interstate  Fishery  Management  plan  for  Atlantic  menhaden   adopted  pursuant  to the Fishery Conservation and Management Act (16 USC 1800 et  seq.) and adopted by the Atlantic States Marine Fisheries Commission.    11. The department, in cooperation with the Connecticut Department  of  Environmental  Protection  and  consistent  with  the  Long Island Sound  Bi-state committee resolution  regarding  commercial  menhaden  fishing,  shall  evaluate  the appropriateness and effectiveness of establishing a  limit on the number of purse seine vessels that may be allowed  to  fish  on  Long  Island  Sound.  The  department shall, in cooperation with the  Connecticut Department of Environmental Protection and  consistent  with  the Long Island Sound Bi-state committee resolution regarding commercial  menhaden   fishing,   evaluate   the   benefits   and  effectiveness  of  establishing a cap on the quantity of menhaden  that  can  be  harvested  from   Long   Island  Sound  in  one  year.  The  department  shall,  in  consultation with the menhaden fishing industry,  investigate  means  of  regulating the depth at which menhaden purse seines are set with respect  to  the depth of the water in their respective locations. The department  shall, in cooperation with the Connecticut Department  of  Environmental  Protection  and consistent with the Long Island Sound Bi-state committee  resolution regarding commercial menhaden fishing, provide  a  report  of  its  findings and recommendations thereon to the governor, the temporary  president of the senate, the speaker of the assembly, and  the  chairmen  of  the senate and assembly environmental conservation committees within  one year of the effective date of this subdivision.