N.Y. Environmental Conservation Law § 13-0333

§ 13-0333. Menhaden; license; prohibited acts.\n 1. Menhaden (Brevoortia tyrannus) from which oil or meal is made,\nsubject to the provisions of section 13-0343, may be taken from the\nwaters of the marine district with a purse seine provided a license is\nfirst obtained from the department.\n 2. Each license shall be issued to cover one vessel and pertinent\nequipment by which such fish are taken and shall be issued in the name\nof the owner, lessee or operator of each vessel so used. License fees\nshall be computed on the basis of gross tonnage of the vessel to be\nlicensed as indicated in the document, certificate of award, register,\nregistration, enrollment or license of such vessel issued by the United\nStates or any state.\n 3. The license fee shall be: For each vessel:\n30 gross tons or less 25 dollars\nmore than 30 gross tons and less than\n200 gross tons 500 dollars\nmore than 200 gross tons 2,000 dollars\nAll licenses issued under this section shall expire on December 31\nfollowing date of issue.\n 4. For the purpose of this chapter, commercial menhaden purse seines\nmay not be used or set:\n a. in the area of Long Island Sound extending west of an imaginary\nline from the New York state-Connecticut boundary line (Byram River)\nextending easterly and southerly to buoy 13 (off Eaton's Neck).\n b. in Long Island Sound south of a straight line one-half mile seaward\nof a straight line between buoy 13 (off Eaton's Neck) and buoy 9 (off\nSound Beach).\n Distances shall be determined from straight lines drawn between the\ndesignated buoys and navigational aids.\n 5. No person shall take menhaden by purse seining except during the\nperiod commencing on the Monday following the fourth day of July and\nending on the third Friday in October. Nothing in this subdivision\nshall be construed as legalizing the taking of menhaden by purse seining\non weekends or legal holidays during the period provided for in this\nsubdivision.\n 6. The department shall, in consultation with the menhaden industry,\nhave the authority to require menhaden purse seine vessels to carry a\ndepartment-approved observer during their operation in New York state\nwaters. Beginning July sixth, nineteen hundred ninety-eight, the\ndepartment shall require menhaden purse seine vessels equal to or\ngreater than two hundred gross tons to carry a department-approved\nobserver during their operation in New York state waters. Such observers\nshall independently note and record information, as directed by the\ndepartment, on such items as fishing location, menhaden catch, by-catch,\nand any user conflicts. The license holder for the vessel for which an\nobserver is required will be responsible for the costs of such observer.\nThe department shall promulgate rules and regulations to establish\nappropriate procedures for the assessment and collection of costs for\nthe observers.\n 7. The operator of a menhaden purse seine vessel shall report to the\ndepartment twenty-four hours prior to entering the waters of the state\nand shall submit to the department a regular and timely report of their\ntotal harvest. The department shall develop regulations six months from\nthe effective date of this subdivision related to this reporting\nrequirement.\n 8. The department shall, in cooperation with the Connecticut\nDepartment of Environmental Protection and consistent with the Long\nIsland Sound Bi-state committee resolution regarding commercial menhaden\nfishing, undertake a water quality assessment of the effect of menhaden\nvessel fish hold waste on Long Island Sound water quality. The\ndepartment shall report back within one year of the effective date of\nthis subdivision thereon to the governor, the temporary president of the\nsenate, the speaker of the assembly, and the chairmen of the senate and\nassembly environmental conservation committees with its findings and\nrecommendations for reducing or eliminating the adverse aesthetic,\necological, and water quality impacts of said discharge.\n 9. Licensees shall be legally and financially responsible for the\nclean up of fish lost during any fishing or fish handling operations.\nThe department shall establish regulations to enforce this subdivision.\n 10. The department shall adopt regulations to prohibit or further\nlimit menhaden fishing when required by, and consistent with, the\nInterstate Fishery Management plan for Atlantic menhaden adopted\npursuant to the Fishery Conservation and Management Act (16 USC 1800 et\nseq.) and adopted by the Atlantic States Marine Fisheries Commission.\n 11. The department, in cooperation with the Connecticut Department of\nEnvironmental Protection and consistent with the Long Island Sound\nBi-state committee resolution regarding commercial menhaden fishing,\nshall evaluate the appropriateness and effectiveness of establishing a\nlimit on the number of purse seine vessels that may be allowed to fish\non Long Island Sound. The department shall, in cooperation with the\nConnecticut Department of Environmental Protection and consistent with\nthe Long Island Sound Bi-state committee resolution regarding commercial\nmenhaden fishing, evaluate the benefits and effectiveness of\nestablishing a cap on the quantity of menhaden that can be harvested\nfrom Long Island Sound in one year. The department shall, in\nconsultation with the menhaden fishing industry, investigate means of\nregulating the depth at which menhaden purse seines are set with respect\nto the depth of the water in their respective locations. The department\nshall, in cooperation with the Connecticut Department of Environmental\nProtection and consistent with the Long Island Sound Bi-state committee\nresolution regarding commercial menhaden fishing, provide a report of\nits findings and recommendations thereon to the governor, the temporary\npresident of the senate, the speaker of the assembly, and the chairmen\nof the senate and assembly environmental conservation committees within\none year of the effective date of this subdivision.\n