What's happening
This bill updates shellfish regulations, specifically removing outdated references to scallop transplanting procedures in existing law.
Why it matters
Removes outdated references to specific scallop transplanting procedures. , which may help clarify and modernize regulatory language, reducing confusion for regulators and the shellfish industry.
Maintains the state's authority to regulate a broad range of shellfish activities. including harvesting, transporting, and processing—ensuring continued oversight for public health and environmental protection.
Keeps existing safeguards in place. regarding sanitary controls and compliance with federal standards, meaning that shellfish offered for sale in New York will still be subject to strict health and safety rules.
Could streamline administrative processes. for both the Department of Environmental Conservation and shellfish businesses by eliminating obsolete or redundant legal references, potentially making compliance and enforcement more efficient.
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Who cares
Headline styles
Update Shellfish Harvest Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by A5764
- Ordered to third reading cal.1453
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Update Shellfish Harvest Rules
Signed by Governor · Sponsor Jaime R. Williams
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6363
2019-2020 Regular Sessions
IN SENATE
June 6, 2019
Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the environmental conservation law, in relation to shellfish regulations
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 13-0319 of the environmental conservation law, as amended by chapter 303 of the laws of 1997, is amended to read as follows: § 13-0319. Shellfish regulations.
The department may adopt regulations with respect to the harvesting, transplanting, relaying, receiving, possessing, transporting, importing, exporting, processing, buying, selling of or otherwise trafficking in shellfish; the labeling or tagging thereof; the keeping of records of shellfish received, transported and distributed; the construction, operation and maintenance of all shellfish handling, processing and distributing establishments, including facilities and equipment and the cleaning, cleansing and water storage of shellfish. The provisions of this section relating to transplanting and relaying include but are not limited to the removal of shellfish from uncertified growing areas and transplanting to certified areas for subsequent harvest for market purposes and transplanting of scallops pursuant to [paragraph a of subdivision 2 of] section 13-0327. Such regulations may provide for payment of the reasonable costs of the department of supervision of removal of shellfish from uncertified areas, except where such removal is being undertaken by a municipality or political subdivision. Such regulations shall be drawn in such a manner as to provide adequate sanitary control over all shellfish offered for sale and distribution in the state. Such regulations shall not be less restrictive than the minimum requirements of any federal agency regulating the inter-state shipment of shellfish.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05641-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to shellfish regulations
Purpose or general idea of bill
To amend Section 13-0319 of the Environmental Conservation Law to speci- fy the i nclusion of scallops as in accordance with section 13-0327 of the Environmental Conservation Law as a species of mollusks subject to the laws of permitting and transportation of shellfish pursuant to section 13-0319 of the Environmental Conservation Law.
Summary of provisions
This bill is intended to amend Section 13-0319 of the Environmental Conservation Law so as to include scallops as a class of aquatic species subject the same rules of permitting and transportation as any other shellfish species. DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The inclusion of the following language "transplanting of scallops pursuant to (paragraph a of subdivision 2 of) section 13-0327" in subdi- vision 1 of section 13-0319 of the Environmental Conservation Law."
Justification
ECL § 13-0319 is the overall enabling statute which empowers the DEC to regulate shellfish, including but not limited to the authority to regu- late and administer through permitting. State attempts to control shellfish quality have been plagued by a lack of uniform authority. The importance of regulating and monitoring both the shellfish population as well the quality of the shellfish are symbiotic and must have a standard by which same can be achieved. Shellfish harvested from polluted waters pose a significant health threat to consumers as well as placing the shellfish population in the cross sight of endangerment if not extinction from local waters. Utilizing the term "shellfish" in its colloquial vernacular; scallops a species of mollusks inadvertently not included within section ECL § 13-0319, and although a bivalve species of mollusk; scallops improperly harvested and or transported can pose a significant danger and health hazard, as such it is imperative to include scallops with section ECL § 13-0319.
Prior legislative history
None
Fiscal implications for sand local governments
If any to be determined.
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.