Relates to the management of oysters.

---

S5194-2011 Actions

• Jun 6, 2011: SUBSTITUTED BY A7078
• May 23, 2011: ADVANCED TO THIRD READING
• May 18, 2011: 2ND REPORT CAL.
• May 17, 2011: 1ST REPORT CAL.716
• May 3, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S5194-2011 Meetings

Environmental Conservation: May 17, 2011

S5194-2011 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

S5194-2011 Votes

S5194-2011 Memo

BILL NUMBER:S5194

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

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

SUMMARY OF PROVISIONS:
This bill would extend the DEC's authority to fix, by regulation,
management measures for oysters in State waters until December 31,
2014.

JUSTIFICATION:
The DEC's regulatory authority over oysters 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 144 of the Laws of 2007.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE:
This act shall take effect immediately.

S5194-2011 Text

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

                                    5194

                         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 oysters

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


    Section 1. Subdivision 3  of  section  13-0323  of  the  environmental
  conservation  law,  as  amended  by  chapter 144 of the laws of 2007, is
  amended to read as follows:

    3. The department  may,  until  December  thirty-first,  two  thousand
  [eleven]  FOURTEEN,  fix  by  regulation  measures for the management of
  oysters (Family Ostreidae) 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 relat-
  ing to transportation, possession and sale,  provided  that  such  regu-
  lations  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.
                                                             LBD06917-01-1