Relates to the regulation of surf clams/ocean quahogs

BILL NUMBER:S5738B REVISED 6/17/13

Title of bill

An act to amend the environmental conservation law, in relation to regulations on surf clams/ocean quahogs; and to amend chapter 158 of the laws of 2011 amending the environmental conservation law relating to the harvesting of surf clams and ocean quahogs, in relation to making certain provisions permanent

Purpose or general idea of bill

To continue to allow surf clams and ocean quahogs to be cooperatively harvested, to require participants to notify the department of environmental conservation about their intent to cooperatively harvest, to restrict cooperative harvesting to no more than four permits per vessel, and to clarify that there is no requirement that an individual fishing quota be tied to a vessel.

Summary of provisions

Section One amends subdivision 15 of the section 13-0309 of the environmental conservation law, to provide additional notification requirements for those engaging in the cooperative harvesting of surf clams New subdivision (f) allows the department of environmental conservation to promulgate a rule or regulation requiring those engaging in cooperative harvesting to file a form notifying the department of their intent cooperatively harvest, prior to commencement. New subdivision (g) authorizes the department of environmental conservation to promulgate a rule or regulation limiting cooperative harvesting, so that no more than four permits can be cooperatively harvested from the same vessel.

Section Two adds a new paragraph (c) to subdivision 16 of section 13-0309 of the environmental conservation law, providing that no further consolidation of Individual Fishing Quotas shall occur after December 31, 2013.

Section Three amends section 2 of chapter 158 of the laws of 2011, to continue to allow the cooperative harvesting of surf clams and ocean quahogs in New York waters.

Section Four is the effective date.

Justification

In 2011, the legislature unanimously passed a cooperative harvesting law for the surf clam and ocean quahog fishery. The enactment of the 2011 legislation has made the harvesting of this fishery more economical, safer and sustainable. The 2011 legislation not only increased the monetary value of all permits, but also helped keep several independent companies in business.

Prior to the enactment of the cooperative harvesting legislation, the surf clam/ocean quahog industry saw a reduction in harvest quotas by the Department. That reduction, combined with increased fuel and insurance costs, placed significant economic pressures on all harvesting companies. These pressures resulted in a reduction of the profitability of individual permits. The decreased profitability of single permits caused a number of independent harvesters to sell off their companies.

Chapter 158 of 2011, which provided for the cooperative harvesting of surf clams and ocean quahogs has not only made the industry economically sustainable, but it has actually increased safety and efficiency. Since the 2011 law became effective, the industry has worked cooperatively to harvest their allocations, and independent companies that were formerly not harvesting due to poor economic conditions, are now doing so. By making the cooperative harvesting law permanent, but granting the department additional authority so that they can track industry operations and the authority to limit the number of permits being cooperatively harvested to four permits per vessel, we can ensure the continued operation and success of the surf clam/ ocean quahog industry in our state.

Prior legislative history

Chapter 158 of 2011.

Fiscal implications

None.

Effective date

Immediately.