S2741-2011 Actions

• May 30, 2012: RECOMMIT, ENACTING CLAUSE STRICKEN
• Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
• Jun 24, 2011: COMMITTED TO RULES
• May 2, 2011: ADVANCED TO THIRD READING
• Apr 13, 2011: 2ND REPORT CAL.
• Apr 12, 2011: 1ST REPORT CAL.340
• Apr 5, 2011: PRINT NUMBER 2741A
• Apr 5, 2011: AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
• Jan 31, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S2741-2011 Votes

S2741-2011 Memo

BILL NUMBER:S2741

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to establishing
the seagrass protection act

PURPOSE:
The bill authorizes the Department of Environmental Conservation to
adopt rules and regulations to regulate coastal and marine activities
that threaten seagrass.

SUMMARY OF PROVISIONS:
The DEC shall have authority to:

o Restrict the types of mechanically powered fishing gear in seagrass
areas that could be harmful to the grass.
o Identify harmful pesticides and chemicals to seagrass and make
recommendations in regards to restricting their use in seagrass areas.
o Make this information available on the DEC website.
o Prohibits a person in a coastal community from applying fertilizer
containing phosphorus after November first and before April first.
o Develop and adopt, after consultation with stakeholders, a seagrass
management plan for designated seagrass management areas to protect
seagrass beds and preserve traditional recreational activities.

JUSTIFICATION:
New York seagrass beds are a vital habitat and nursery grounds for
numerous commercially, recreationally and ecologically important fish
and shellfish species. Seagrass beds used to be much larger-some
estimates reaching as large as 200,000 acres in 1930.
Today only 21,803 acres remain. Seagrass is such a vital part of our
underwater environment. The DEC should have authority to protect it.
The substance of this legislation was recommended by the NYS Seagrass
Task Force.

LEGISLATIVE HISTORY:
2010: S.8343 Foley/A.10269-B Sweeney, 61-0, Vetoed by the Governor;
Veto Memo 6779.

FISCAL IMPACT ON THE STATE:
Minimal.

EFFECTIVE DATE:
150th day after enactment.

S2741-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2741
 2011-2012 Regular Sessions
 I N  SENATE
 January 31, 2011
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
 printed to be committed to the Committee on Environmental Conservation
 

AN ACT to amend the  environmental  conservation  law,  in  relation  to
 establishing the seagrass protection act
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Article 13 of the environmental conservation law is amended
 by adding a new title 7 to read as follows:

 TITLE 7
 SEAGRASS PROTECTION ACT
 SECTION 13-0701. SHORT TITLE.
 13-0703. DEFINITIONS.
 13-0705. DEPARTMENTAL RESPONSIBILITIES.
 13-0707. FERTILIZER REDUCTION IN COASTAL COMMUNITIES.
 

S 13-0701. SHORT TITLE.
 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS  THE  SEAGRASS  PROTECTION
 ACT.
 

S 13-0703. DEFINITIONS.
 1.  "COASTAL COMMUNITY" SHALL MEAN A MUNICIPAL CORPORATION, AS DEFINED
 IN SECTION TWO OF THE GENERAL MUNICIPAL LAW, IN NASSAU AND SUFFOLK COUN
 TIES.
 2. "FERTILIZER" SHALL MEAN A COMMERCIAL FERTILIZER DISTRIBUTED  PRIMA
 RILY  FOR NON-FARM USE, SUCH AS HOME GARDENS, LAWNS, SHRUBBERY, FLOWERS,
 MUNICIPAL GOLF COURSES AND MUNICIPAL PARKS.
 3. "SEAGRASS" SHALL MEAN ROOTED,  VASCULAR,  FLOWERING  MARINE  PLANTS
 THAT  ARE  SUBMERGED  IN  NEW  YORK'S BAYS AND COASTAL WATERS, INCLUDING
 ZOSTERA MARINA AND RUPPIA MARITIME.
 

S 13-0705. DEPARTMENTAL RESPONSIBILITIES.
 1. THE DEPARTMENT SHALL HAVE THE AUTHORITY TO ADOPT  RULES  AND  REGU
 LATIONS TO REGULATE COASTAL AND MARINE ACTIVITIES THAT THREATEN SEAGRASS
 BEDS OR SEAGRASS RESTORATION EFFORTS, INCLUDING THE DESIGNATION OF SEAG
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03865-01-1
 
       S. 2741                             2
 RASS  MANAGEMENT  AREAS  PURSUANT  TO SEAGRASS MANAGEMENT PLANS.  DESIG
 NATION OF SUCH AREAS SHALL INCLUDE CONSIDERATION,  ON  A  GEOGRAPHIC  OR
 ESTUARINE BASIS, OF LIKELY THREATS TO SEAGRASS.
 2.  FOR EACH DESIGNATED SEAGRASS MANAGEMENT AREA, THE DEPARTMENT SHALL
 DEVELOP AND ADOPT A SEAGRASS MANAGEMENT PLAN TO GUIDE THE DEVELOPMENT OF
 RULES AND REGULATIONS PURSUANT TO SUBDIVISION ONE OF THIS SECTION.  SUCH
 PLAN SHALL BE  DEVELOPED  AFTER  CONSULTATION  WITH  LOCAL  GOVERNMENTS,
 REPRESENTATIVES  OF RECREATIONAL BOATING INTERESTS, THE MARINE INDUSTRY,
 AFFECTED PROPERTY OWNERS AND OTHER STAKEHOLDERS, SO  AS  TO  EFFECTIVELY
 MANAGE  AND  PROTECT  SEAGRASS BEDS AND SEAGRASS RESTORATION EFFORTS. IN
 ADDITION, SEAGRASS MANAGEMENT PLANS SHALL SEEK TO  PRESERVE  TRADITIONAL
 RECREATIONAL ACTIVITIES, INCLUDING RECREATIONAL BOATING AND MARINA OPER
 ATIONS,  AS  WELL AS FINFISHING, SHELLFISHING AND TOURISM WHILE ENSURING
 SUCH ACTIVITIES DO NOT THREATEN SEAGRASS BEDS OR NEGATE SEAGRASS  RESTO
 RATION EFFORTS.
 3.  THE  DEPARTMENT  SHALL  HAVE  THE AUTHORITY TO RESTRICT THE USE OF
 MECHANICAL-POWERED FISHING OR SHELLFISHING GEAR WHICH MAY  IMPACT  SEAG
 RASS BEDS, INCLUDING CHURNING, DREDGES, RAKES AND TONGS.
 4.  THE  DEPARTMENT  SHALL IDENTIFY PESTICIDES AND HERBICIDES THAT ARE
 TOXIC TO SEAGRASS AND MAKE RECOMMENDATIONS CONCERNING RESTRICTING  THEIR
 USE IN COASTAL AREAS.
 5.  THE DEPARTMENT SHALL MAKE INFORMATION CONCERNING THE IMPORTANCE OF
 SEAGRASS PROTECTION AND  THE  STATUS  OF  SEAGRASS  RESTORATION  EFFORTS
 AVAILABLE ON THE DEPARTMENT WEBSITE.
 

S 13-0707. FERTILIZER REDUCTION IN COASTAL COMMUNITIES.
 1. A PERSON IN A COASTAL COMMUNITY MAY NOT APPLY A FERTILIZER CONTAIN
 ING  THE PLANT NUTRIENT PHOSPHORUS AFTER NOVEMBER FIRST AND BEFORE APRIL
 FIRST.
 2. ANY LOCAL LAW OR ORDINANCE OF ANY COUNTY, OR OF  ANY  CITY  WITH  A
 POPULATION  OF  ONE  MILLION  OR  MORE,  WHICH  IS INCONSISTENT WITH THE
 PROVISIONS OF THIS TITLE SHALL NOT BE PREEMPTED IF  SUCH  LOCAL  LAW  OR
 ORDINANCE PROVIDES ENVIRONMENTAL PROTECTION EQUAL TO OR GREATER THAN THE
 PROVISIONS OF THIS TITLE.
 

S  2. This act shall take effect on the one hundred fiftieth day after
 it shall have become a law.

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