Relates to harvesting surf clams and ocean quahogs

3 Co-sponsors

• Owen H. Johnson
• Kenneth P. LaValle
• Carl L. Marcellino

BILL NUMBER:S4072A

Title of bill

An act to amend the environmental conservation law, in relation to the harvesting of surf clams and ocean quahogs; and providing for the repeal of such provisions upon the expiration thereof

Purpose or general idea of bill

To make the harvesting of surf clams and ocean quahogs more economical and sustainable into the future.

Summary of specific provisions

Section 1. Subdivision 15 of Section 13-0309 of the Environmental Conservation Law. as added by Chapter 512 of the Laws of 1994, paragraph a as amended by Chapter 323 of the Laws of 1999, is amended and a new subdivision 16 is added to authorize persons holding harvesting permits in New York's Atlantic Ocean surf clam/ocean quahog fishery to cooperatively harvest surf clams and ocean quahog and further provides far the consolidation of the individual fishing quota from more than one Atlantic Ocean surf clam/ocean quahog permit into a single permit.

Section 2. This act shall take immediately and shall expire and be deemed repealed December 31, 2013.

Justification

There currently are 22 Atlantic Ocean surf clam/ocean quahog permits issued by the New York State Department of Environmental Conservation (DEC) that allow the taking of surf clams and ocean quahogs from the waters of the Atlantic Ocean. Each of those permits is identified with a specific vessel with a specific "Individual Fishing Quota" ("IFQ"). The "IFQ" is the maximum amount of surf clams and ocean quahogs that may be harvested by a vessel in any calendar year.

All clams harvested under a surf clam/ocean quahog permit can only be harvested on the vessel identified on that permit. In cases where a harvester holds more than one permit, they must have a separate vessel far each permit. However, each individual quota is insufficient to support the operation of a separate, individual vessel on a cans is tent weekly basis. Consolidating more than one IFQ onto one vessel will enable harvesters to operate fewer vessels more safely and productively, thereby avoiding the enormous overhead associated with maintaining a separate vessel for each IFQ. From an environmental standpoint, reducing the number of vessels in the fishery would better protect the surf clam and ocean quahag resource from the effects of inefficient dredging by older dredges. This effect will better ensure the future sustainability of one of New York's - and one of the country's - most economically viable marine fishery resources.

This legislation would also provide for "cooperative harvesting", where each harvester can decide whether to, harvest his catch quota from his own vessel or from another IFQ holder's vessel. Cage tags that are issued by the DEC would be provided by the IFQ holder to the captain of the harvesting vessel. The catch brought in by cooperative harvesting would be identified on bath the IFQ holder's vessel and the harvesting vessel on their weekly trip reports in order to, ensure that daily catch limits established by DEC would not be exceeded.

Enactment of this legislation providing for cooperative harvesting and consolidation of individual fishing quotas would make harvesting of the surf 'clam and ocean quahog fishery more economical, safer and sustainable into, the future, all without any detrimental impact to or increased harvesting of the resource.

Prior legislative history

New legislation, 2011.

Fiscal implications for state and local governments

None to the State.

Effective date

This act shall take effect immediately and shall expire and be deemed repealed December 31, 2013.