A7988A-2011 Actions

• May 14, 2012: substituted by s4287b
• May 8, 2012: amended on third reading 7988a
• May 8, 2012: vote reconsidered - restored to third reading
• May 8, 2012: RETURNED TO ASSEMBLY
• May 8, 2012: recalled from senate
• Apr 19, 2012: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
• Apr 19, 2012: delivered to senate
• Apr 19, 2012: passed assembly
• Jan 4, 2012: ordered to third reading cal.274
• Jan 4, 2012: RETURNED TO ASSEMBLY
• Jan 4, 2012: DIED IN SENATE
• Jun 24, 2011: COMMITTED TO RULES
• Jun 24, 2011: SUBSTITUTION RECONSIDERED
• Jun 22, 2011: 3RD READING CAL.1498
• Jun 22, 2011: SUBSTITUTED FOR S4287A
• Jun 7, 2011: REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
• Jun 7, 2011: delivered to senate
• Jun 7, 2011: passed assembly
• Jun 6, 2011: ordered to third reading rules cal.87
• Jun 6, 2011: rules report cal.87
• Jun 6, 2011: reported
• Jun 2, 2011: reported referred to rules
• May 25, 2011: referred to environmental conservation

A7988A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 7988--A
 Cal. No. 274
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 May 25, 2011
 
 Introduced  by  M.  of  A.  SWEENEY,  ENGLEBRIGHT,  JACOBS, P. RIVERA -
 Multi-Sponsored by -- M. of A. SCHIMEL, WEISENBERG --  read  once  and
 referred  to the Committee on Environmental Conservation -- ordered to
 a third reading -- passed by Assembly and  delivered  to  the  Senate,
 recalled  from  the  Senate,  vote reconsidered, bill amended, ordered
 reprinted, retaining its place on the order of third reading
 

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.
 

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. "SEAGRASS" SHALL MEAN ROOTED,  VASCULAR,  FLOWERING  MARINE  PLANTS
 THAT  ARE  SUBMERGED  IN  NEW  YORK'S BAYS AND COASTAL WATERS, INCLUDING
 ZOSTERA MARINA AND RUPPIA MARITIMA.
 

S 13-0705. DEPARTMENTAL RESPONSIBILITIES.
 1.  THE DEPARTMENT SHALL DESIGNATE SEAGRASS MANAGEMENT  AREAS.  DESIG
 NATION  OF  SUCH  AREAS  SHALL INCLUDE CONSIDERATION, ON A GEOGRAPHIC OR
 ESTUARINE BASIS, OF LIKELY THREATS TO SEAGRASS.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03865-08-2
 
       A. 7988--A                          2
 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 THREE OF THIS SECTION.
 SUCH PLAN SHALL BE DEVELOPED AFTER CONSULTATION WITH LOCAL  GOVERNMENTS,
 REPRESENTATIVES OF RECREATIONAL BOATING INTERESTS, THE MARINE INDUSTRIES
 (INCLUDING  COMMERCIAL  AND RECREATIONAL SHELL FISHERMEN, AND COMMERCIAL
 SHELL FISH FARMERS), AFFECTED PROPERTY OWNERS, AND  OTHER  STAKEHOLDERS,
 SO  AS  TO  EFFECTIVELY  MANAGE  AND  PROTECT SEAGRASS BEDS AND SEAGRASS
 RESTORATION EFFORTS AT THOSE LOCATIONS AT WHICH THE RESTORATION OF SEAG
 RASS IS REASONABLY POSSIBLE.  SUCH PLANS SHALL, TO THE EXTENT  PRACTICA
 BLE,  TAKE  INTO  CONSIDERATION, THE GOALS OF EXISTING ESTUARY PROGRAMS.
 IN ADDITION, SEAGRASS MANAGEMENT PLANS SHALL  SEEK  TO  PRESERVE  TRADI
 TIONAL RECREATIONAL ACTIVITIES, INCLUDING RECREATIONAL BOATING AND MARI
 NA  OPERATIONS,  AS  WELL  AS FINFISHING, SHELLFISHING AND TOURISM WHILE
 ENSURING SUCH ACTIVITIES DO NOT THREATEN SEAGRASS BEDS OR  NEGATE  SEAG
 RASS RESTORATION EFFORTS.
 3.  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.
 4. THE DEPARTMENT SHALL HAVE THE AUTHORITY  TO  RESTRICT  THE  USE  OF
 MECHANICAL-POWERED  FISHING  OR  SHELLFISHING  GEAR  WHICH  MAY DIRECTLY
 IMPACT SEAGRASS BEDS, INCLUDING CHURNING, DREDGES, RAKES AND TONGS.
 5. THE DEPARTMENT SHALL IDENTIFY WATER QUALITY IMPACTS SUCH AS  NITRO
 GEN POLLUTION AND MAKE RECOMMENDATIONS ON HOW TO MINIMIZE SUCH IMPACTS.
 6.  THE DEPARTMENT SHALL MAKE INFORMATION CONCERNING THE IMPORTANCE OF
 SEAGRASS PROTECTION AND  THE  STATUS  OF  SEAGRASS  RESTORATION  EFFORTS
 AVAILABLE ON THE DEPARTMENT WEBSITE.
 

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

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!