Relates to the management of scallops.

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S5193-2011 Actions

• Jun 6, 2011: SUBSTITUTED BY A6959
• May 23, 2011: ADVANCED TO THIRD READING
• May 18, 2011: 2ND REPORT CAL.
• May 17, 2011: 1ST REPORT CAL.715
• May 3, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S5193-2011 Meetings

Environmental Conservation: May 17, 2011

S5193-2011 Calendars

Active List: Jun 6, 2011 , Floor Calendar: May 18, 2011 , Floor Calendar: May 23, 2011 , Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011 , Floor Calendar: Jun 2, 2011 , Floor Calendar: Jun 6, 2011

S5193-2011 Votes

S5193-2011 Memo

BILL NUMBER:S5193

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the
management of scallops

PURPOSE:
To extend the Department of Environmental Conservation's (DEC)
authority to manage scallops.

SUMMARY OF PROVISIONS:
This bill would extend the DEC's authority to fix, by regulation,
management measures for scallops in State waters until December 31,
2013.

JUSTIFICATION:
The DEC's regulatory authority over scallops is necessary in order to
preserve the current regulatory program. Failure to extend the
existing regulatory authority by December 31, 2011 will result in the
loss of regulatory protection of these species. Moreover, regulatory
authority is critical for New York State to maintain compliance with
Fishery Management Plans for important marine and anadromous fish
species along the coast. Failure to make necessary regulatory changes
required by Fishery Management Plans places New York in jeopardy of
closure of commercial and recreational fisheries. Finally, ECL
13-0105, which sets forth the State's marine fisheries conservation
and management policy, provides that this policy shall be carried out
through achievement of certain objectives. One of these objectives is
that the state's transboundary and migratory species shall be
consistent with any interjurisdictional management plans, interstate
or state-federal. Regulatory authority provides the mechanism to
react timely to the ever changing fishery management plans.

LEGISLATIVE HISTORY:
Last extended by Chapter 148 of the Laws of 2007.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE:
This act shall take effect immediately.

S5193-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    5193

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 May 3, 2011
                                 ___________

  Introduced  by Sens. ZELDIN, JOHNSON, GRISANTI -- read twice and ordered
    printed, and when printed to be committed to the Committee on Environ-
    mental Conservation

  AN ACT to amend the environmental conservation law, in relation  to  the
    management of scallops

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


    Section 1. Section 13-0327 of the environmental conservation  law,  as
  amended  by  chapter  148  of  the  laws  of 2007, is amended to read as
  follows:

  S 13-0327. Scallops; prohibited acts.
    The department may, until December thirty-first, two thousand [eleven]
  THIRTEEN, adopt by regulation measures for the  management  of  scallops
  (Family  Pectinidae) including size limits, catch and possession limits,
  open and closed seasons, closed areas, restrictions  on  the  manner  of
  taking  and  landing, requirements for permits and eligibility therefor,
  recordkeeping  and  identification  requirements,  requirements  on  the
  amount and type of fishing effort and gear, and requirements relating to
  transportation,  possession and sale, provided that such regulations are
  no less restrictive than requirements set forth in this chapter.
    S 2. This act shall take effect immediately.




   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD06906-02-1