Actions

Meetings

Environmental Conservation: May 17, 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

Votes

Memo

BILL NUMBER:S4984

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

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

SUMMARY OF PROVISIONS: This bill would extend DEC's authority to fix, by regulation, management measures for blueback herring in State waters until December 31, 2015.

JUSTIFICATION: The DEC's regulatory authority over blueback herring 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 º 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 on the same date as the enactment as a Chapter of the laws of 2011 entitled, "AN ACT to amend the environmental conservation law, in relation to the management of Atlantic cod."

Text

STATE OF NEW YORK
________________________________________________________________________

4984

2011-2012 Regular Sessions

IN SENATE

May 2, 2011
___________

Introduced  by  Sens.  MARCELLINO,  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 blueback herring

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

  Section  1.  Paragraph  g of subdivision 1 of section 13-0339-a of the
environmental conservation law, as amended by a chapter of the  laws  of
2011  entitled,  "AN ACT to amend the environmental conservation law, in
relation to the management of Atlantic  cod",  is  amended  to  read  as
follows:
  g.    blueback herring (Alosa aestivalis) until December thirty-first,
two thousand [eleven] FIFTEEN,
  S 2. This act shall take effect on the same date as a chapter  of  the
laws  of  2011 entitled, "AN ACT to amend the environmental conservation
law, in relation to the management of Atlantic cod", takes effect.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10240-02-1