Establishes the seagrass protection act; defines terms; outlines department of environmental conservation's responsibilities in developing seagrass management areas.

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A7988-2011 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

A7988-2011 Calendars

Floor Calendar: Jun 23, 2011 , Floor Calendar: Jun 24, 2011

A7988-2011 Text

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

                                    7988

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                                May 25, 2011
                                 ___________

  Introduced  by M. of A. SWEENEY, ENGLEBRIGHT -- Multi-Sponsored by -- M.
    of A. SCHIMEL, THIELE, WEISENBERG -- read once  and  referred  to  the
    Committee on Environmental Conservation

  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
  SPARTINA ALTERNIFLORA, ZOSTERA MARINA AND RUPPIA MARITIME.
  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.
    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.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03865-06-1

 A. 7988                             2

  SUCH  PLAN SHALL BE DEVELOPED AFTER CONSULTATION WITH LOCAL GOVERNMENTS,
  REPRESENTATIVES OF RECREATIONAL BOATING INTERESTS, THE MARINE  INDUSTRY,
  AFFECTED  PROPERTY  OWNERS, AND OTHER STAKEHOLDERS, SO AS TO EFFECTIVELY
  MANAGE AND PROTECT SEAGRASS BEDS AND SEAGRASS RESTORATION EFFORTS.  SUCH
  PLANS  SHALL,  TO  THE  EXTENT PRACTICABLE, TAKE INTO CONSIDERATION, THE
  GOALS OF EXISTING ESTUARY PROGRAMS.   IN ADDITION,  SEAGRASS  MANAGEMENT
  PLANS  SHALL  SEEK  TO  PRESERVE  TRADITIONAL  RECREATIONAL  ACTIVITIES,
  INCLUDING RECREATIONAL BOATING AND MARINA OPERATIONS, AS WELL  AS  FINF-
  ISHING,  SHELLFISHING  AND TOURISM WHILE ENSURING SUCH ACTIVITIES DO NOT
  THREATEN SEAGRASS BEDS OR NEGATE SEAGRASS 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  IMPACT  SEAG-
  RASS BEDS, INCLUDING CHURNING, DREDGES, RAKES AND TONGS.
    5.  THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE
  AND MARKETS, SHALL IDENTIFY PESTICIDES AND HERBICIDES THAT ARE TOXIC  TO
  SEAGRASS  AND  MAKE  RECOMMENDATIONS CONCERNING RESTRICTING THEIR USE IN
  COASTAL AREAS.
    6. THE DEPARTMENT SHALL IDENTIFY WATER QUALITY IMPACTS SUCH AS  NITRO-
  GEN POLLUTION AND MAKE RECOMMENDATIONS ON HOW TO MINIMIZE SUCH IMPACTS.
    7.  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.