Prohibits the sale of angler-caught fish

Section 2 would amend ECL § 11-1703(4) to: prohibit fish (or parts thereof) taken outside of New York State pursuant to the privileges of a recreational or sportfishing license from being sold in New York.

Existing law

ECL § 11-1319(2) sets forth the restrictions on the sale of certain fish species and allows the sale of: (a) certain marine species that are of the minimum size limits; (b) fish taken with nets in the Hudson River, Lake Erie and Lake Ontario; (c) fish not specifically named in ECL §§ 11-1521, 13-0339 or 13-0347 or in regulations pursuant to ECL §11-1303; and (d) fish for which such regulations specify no minimum size limits and specify generally, without exceptions, that the open season is "any time." ECL § 11-1703(4) prohibits the purchase, sale and trafficking of fish taken outside the State if they are of less than the regulatory size limits for such species.

Justification

Current law in New York State allows anglers to sell many species offish, including "panfish" such as yellow perch, black crappie, white crappie, bluegill, pumpkinseed, rock bass, bullhead and others, unless the fish species is subject to a closed season or a minimum size limit. The lack of a restriction for anglers to sell some species of freshwater fish taken from public waters has been controversial for many years. Most states, as a matter of principle, do not allow the sale of fish taken under the privileges of a sportfishing license. DEC has periodically received inquiries and complaints about "commercial" hook and line fishing on individual lakes for many decades. However, more widespread concern and conflict about this issue began in the mid to late 1980s, with an apparent rapid increase in overt fish sale activity. The increase in fish sale activity was stimulated by declines in the abundance of yellow perch available from the Great Lakes net fisheries and coincided with an increased interest in quality pan fish fishing opportunities by the recreational angling community. High prices being paid for whole fish created a commercially-motivated group of anglers that sought out concentrations of large size panfish in waters throughout the State and monopolized use of these resources.

Since 1993, DEC has taken a number of measures within its management capabilities and statutory authority to protect vulnerable panfish populations from gross over-exploitation. For instance, daily creel limits of 50 fish were established for sunfish and yellow perch in 1996 in many parts of the State. While the establishment of daily creel limits in most regions of the State may have reduced the sale of

angler-caught fish, the continued monetary attraction has sustained an active hook and line fishery in unregulated areas.

Moreover, the impossibility of tracking the origin of angler-caught fish raises health concerns with the legal and illegal infiltration of chemically contaminated fish into food markets. Notably, the State Department of Health has established fish consumption advisories for more than 70 waters of the State where the bioaccumulation of contaminants, including PCBs and mercury, has been documented. In fact, there is a general health advisory that women of childbearing age, infants, and children under 15 should not eat any fish from listed waters.

This bill, by explicitly prohibiting the sale of fish or parts thereof that were taken pursuant to the privileges of a recreational or sportfishing license, should help deter anglers from selling such fish. Violation of this prohibition would subject a violator to penalties as provided in ECL §71-0924 related to illegal commercialization of fish, shellfish, crustaceans, and wildlife. These penalties increase as the value of the fish, shellfish, crustaceans, wildlife (or parts thereof) increase and range from a violation, with a maximum fine of $500 and 15 days imprisonment, to a Class E felony. This bill would assist the DEC in protecting panfish and other species from over-exploitation due to commercial sale, while conserving this important sportfishing resource, and protecting the public health and safety.

Legislative history

2007-08: S.3196 2006: S.8140

Fiscal implications

None.

Effective date

This act shall take effect immediately.