S4980-2011 - NY Senate Open Legislation - Relates to the management of Atlantic cod

Relates to the management of Atlantic cod.

Sponsor: JOHNSON / Co-sponsor(s): GRISANTI
Law Section: Environmental Conservation Law / Law: Amd S13-0339-a, (as proposed in A.6962 of 2011) En Con L

S4980-2011 Actions

Jun 6, 2011: SUBSTITUTED BY A6962
May 23, 2011: ADVANCED TO THIRD READING
May 18, 2011: 2ND REPORT CAL.
May 17, 2011: 1ST REPORT CAL.703
May 2, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S4980-2011 Meetings

Environmental Conservation: May 17, 2011

S4980-2011 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

S4980-2011 Votes

VOTE: COMMITTEE VOTE: - Environmental Conservation - May 17, 2011

Ayes (13): Grisanti, Johnson, Little, Marcellino, Maziarz, O'Mara, Young, Avella, Espaillat, Oppenheimer, Perkins, Serrano, Stewart-Cousins
Ayes W/R (1): LaValle

S4980-2011 Memo

BILL NUMBER:S4980

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

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

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

JUSTIFICATION:
DEC's regulatory authority over Atlantic cod 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 cost. 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 inter-jurisdictional 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 146 of the Laws of 2007.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately.

S4980-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          4980
 2011-2012 Regular Sessions
 I N  SENATE
 May 2, 2011
 
 Introduced by Sens. JOHNSON, GRISANTI -- 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  the
 management of Atlantic cod
 

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

 

Section 1.

Section 13-0339-a of the environmental conservation law, as
 amended by chapter 146 of the laws  of  2007,  is  amended  to  read  as
 follows:

 

S 13-0339-a. Atlantic  cod  (Gadus morhua), Atlantic sturgeon (Acipenser
 oxyrhynchus), shortnose  sturgeon  (Acipenser  brevirost
 rum),   American  eel  [(Anguillo]  (ANGUILLA  rostrata),
 Atlantic herring (Clupea horengus), American shad  (Alosa
 sapidissima),  alewife  [(Aloso]  (ALOSA pseudoharengus),
 blueback herring (Alosa aestivalis), squid (cephalopoda),
 and hickory shad (Alosa mediocris).
 1. The department may[,  until  December  thirty-first,  two  thousand
 eleven,]  fix, by regulation, measures for the management of THE FOLLOW
 ING SPECIES:

 A. Atlantic cod (Gadus morhua) UNTIL DECEMBER THIRTY-FIRST, TWO  THOU
 SAND THIRTEEN,
 B.  American  eel (Anguilla rostrata) UNTIL DECEMBER THIRTY-FIRST, TWO
 THOUSAND ELEVEN,
 C. Atlantic and shortnose sturgeon (Acipenser oxyrhynchus  and  brevi
 rostrum) UNTIL DECEMBER THIRTY-FIRST, TWO THOUSAND ELEVEN,
 D. Atlantic herring (Clupea horengus) UNTIL DECEMBER THIRTY-FIRST, TWO
 THOUSAND ELEVEN,
 E.  American shad (Alosa sapidissima) UNTIL DECEMBER THIRTY-FIRST, TWO
 THOUSAND ELEVEN,
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09065-01-1
        S. 4980                             2
 F. alewife (Alosa pseudoharengus)  UNTIL  DECEMBER  THIRTY-FIRST,  TWO
 THOUSAND ELEVEN,
 G.  blueback  herring  (Alosa aestivalis) UNTIL DECEMBER THIRTY-FIRST,
 TWO THOUSAND ELEVEN,
 H. squid (cephalopoda) UNTIL DECEMBER THIRTY-FIRST, TWO THOUSAND ELEV
 EN, and
 I. hickory shad (Alosa mediocris)[, including] UNTIL DECEMBER  THIRTY
 FIRST, TWO THOUSAND ELEVEN.
 2.  SUCH  MANAGEMENT  REGULATIONS  MAY  INCLUDE size limits, catch and
 possession limits, open and closed seasons, closed  areas,  restrictions
 on the manner of taking and landing, requirements for permits and eligi
 bility  therefor, recordkeeping requirements, requirements on the amount
 and type of fishing effort and gear, and requirements relating to trans
 portation, possession and sale, provided that such  regulations  are  no
 less  restrictive  than  requirements  set  forth  in  this  chapter and
 provided further that such regulations are consistent with  the  compli
 ance  requirements of applicable fishery management plans adopted by the
 Atlantic  States  Marine  Fisheries  Commission  and   with   applicable
 provisions  of  fishery management plans adopted pursuant to the Federal
 Fishery Conservation and Management Act (16 U.S.C.

S 1800 et seq.).
 

S 2. This act shall take effect immediately.

S4980-2011: Relates to the management of Atlantic cod