Relates to management of the American lobster; repealer

Summary of Provisions:

Section 1 of the bill would amend ECL § 13-0329(5)(a), (d) to exempt from the limit associated with the taking, possession or sale of lobsters measuring a certain size those lobsters lawfully taken outside of New York in accordance with new ECL § 13-0329(18) and to clarify the current prohibition on the landing or possession of lobster parts.

Section 2 of the bill would:

* Add a new subdivision 17 to ECL § 13-0329 to (i) close the lobster fishery for ASMFC Area Six (Long Island Sound) annually from September 8 until November 28, (ii) require that all lobster traps and pots be removed from the water by September 22 unless the permittee is permitted or licensed to use the traps or pots to harvest other species, (iii) allow permit holders to set un-baited traps or pots beginning November 14, and (iv) to bait traps beginning November 21;

* Add a new subdivision 18 to allow lobsters greater in length than provided in ECL § 13-0329(5) to be imported and possessed for export or sale so long as they were (i) legally taken in the state or country where they are landed, (ii) properly labeled or tagged and accompanied by a bill of lading, purchase order or manifest stating the state or country where the lobster was landed, and, if applicable, the ASFMC Area where the lobster was taken; and (iii) imported, possessed and exported by a person with a dealers and shippers license. DEC would be authorized to promulgate regulations necessary to implement this subdivision; and

* Add a new subdivision 19 to provide that detached lobster parts may only be possessed, purchased, sold, bartered, traded, imported, or exported if the lobster was legally taken where it was landed, and the parts are properly packaged and labeled, identifying where the lobster was landed

Section 3 of the bill would amend ECL § 13-0334 to add two new subdivisions 6 and 7 to provide that a licensed dealer or shipper may sell, barter, or trade oversized lobsters lawfully landed in another state, lobster management area or country, provided he or she notifies

DEC of his or her actions in a manner prescribed by the department and the applicable lobster's are secured or tagged in accordance with ECL § 13-0329(18)(a) and (b). This section would also authorize the sale of lobster parts as long as they comply with ECL § 13-0329(19).

Section 4 of the bill would repeal section 2 of chapter 211 of the laws of 2008.

Section 5 of the bill would amend section 3 of chapter 211 of the laws of 2008 to eliminate the requirement that section 2 of that act be enacted upon notification by the DEC Commissioner that the alternative conservation-equivalent plan was adopted by the ASMFC to replace the minimum size limit of 3 3/8 inches.

Section 6 provides that the bill would take effect thirty days after enactment, provided that subdivision 17 of section 13-0329 of the environmental conservation law, as added by section two of this act, shall expire and be deemed repealed December 31, 2016.

Existing law: ECL § 13-0329 allows for the taking and management of American lobster. ECL § 13-0329(5)(a) limits the taking, possession, buying, selling importation, and exportation of lobsters smaller than 3 3/8 inches or greater than 5 1/4 inches. ECL § 13-0329(5)(a), as added by section 2 of chapter 211 of the laws of 2008, would have established a minimum lobster size of 3 5/16 inches but was never implemented as ASFMC never adopted the alternative conservation-equivalent plan, creating confusion in the law by listing two different minimum size limits for lobster. ECL § 13-0329(5)(d) prohibits the landing or possession of lobsters or parts thereof not in the shell. ECL § 13-0334 requires that only licensed dealers or shippers may resell, trade or barter food fish and crustacea, including lobsters.

Prior Legislative history: This is a new bill.

Statement in Support: The Southern New England lobster stock is experiencing persistent recruitment failures caused by both environmental impacts, such as low oxygen in the water and warming waters, and fishing mortality.

In February 2012, the American Lobster Management Board of the ASFMC approved Addendum XVII to Amendment 5 of the American Lobster Interstate Fishery Management Plan (FMP) to implement a 10 percent reduction in the exploitation of the lobster stock. The addendum addresses rebuilding the Southern New England lobster stock and contains conservation measures with respect to lobster conservation management areas (LCMAs) 2, 3, 4, 5, and 6 to mitigate declining lobster populations in the New York area. All applicable states were to comply with the requirements of the Addendum by December 15, 2012.

In consultation with each Lobster Management Conservation Team in New York, DEC met its obligations by, among things, (i) instituting seasonal closures for LCMAs 4, 5, and 6 to meet the FMP-mandated take reduction, (ii) including within the seasonal closure a two week gear removal and two week gear replacement grace period, and (iii) prohibiting lobster traps from being baited more than one week prior to season reopening. DEC implemented each of these recommendations by

regulations adopted in 2012 for all applicable areas in New York except Long Island Sound. DEC excluded Long Island Sound because DEC lacks statutory authority to implement regulations for the applicable LCMA - Area 6. Nevertheless, failure to implement the new rules by the compliance date could result in being determined to be out of compliance with the Interstate Fisheries Management Plan and subject to federal sanctions by the National Marine Fisheries Service. The bill would provide DEC with the necessary authority to adopted regulations associated LCMA 6.

The bill would also clarify statutory requirements related to the sale of large lobsters and parts of lobsters. Under existing law, the sale of lobsters bigger than 5 1/4 inches is prohibited in New York regardless of where the lobsters are taken, and the law is unclear as to the legality of possessing or selling detached lobster parts. This prohibition prevents licensed dealers from purchasing or making available for sale "oversized" lobsters that have been legally landed in other states or countries while the lobster parts restriction creates confusion for grocery stores and law enforcement. Allowing licensed shippers and dealers to sell properly packaged and labeled lobster parts and properly tagged oversized lobsters would provide opportunities for dealers interested in providing such lobsters and parts to restaurants, grocery stores or seafood markets, while protecting New York's lobster fishery.

Finally, the bill would repeal provisions of the law which would have changed the minimum allowable lobster size from 3 3/8 inches to 3 5/16 inches. This provision was never implemented as ASFMC never adopted the alternative conservation-equivalent plan. This change would make clear in the statute that the minimum size limits for lobster remains 3 3/8 inches.

Budget Implications: None.

Local Impact: None

Effective Date: This bill would take effect 30 days after enactment, provided that subdivision 17 of section 13-0329 of the environmental conservation law, as added by section two of this act, shall expire and be deemed repealed December 31, 2016