S2741A-2011 - NY Senate Open Legislation - Establishes seagrass protection act

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

Sponsor: AVELLA / Committee: ENVIRONMENTAL CONSERVATION
Law Section: Environmental Conservation Law / Law: Add Art 13 Title 7 SS13-0701 - 13-0705, En Con L

S2741A-2011 Actions

Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
Jun 24, 2011: COMMITTED TO RULES
May 2, 2011: ADVANCED TO THIRD READING
Apr 13, 2011: 2ND REPORT CAL.
Apr 12, 2011: 1ST REPORT CAL.340
Apr 5, 2011: PRINT NUMBER 2741A
Apr 5, 2011: AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
Jan 31, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S2741A-2011 Meetings

Environmental Conservation: Apr 12, 2011

S2741A-2011 Calendars

Floor Calendar: Apr 13, 2011 , Floor Calendar: May 2, 2011 , Floor Calendar: May 3, 2011 , Floor Calendar: May 4, 2011 , Floor Calendar: May 9, 2011 , Floor Calendar: May 10, 2011 , Floor Calendar: May 11, 2011 , Floor Calendar: May 17, 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 , Floor Calendar: Jun 7, 2011

S2741A-2011 Votes

VOTE: COMMITTEE VOTE: - Environmental Conservation - Apr 12, 2011

Ayes (8): Grisanti, Marcellino, Young, Avella, Espaillat, Perkins, Serrano, Stewart-Cousins
Ayes W/R (4): LaValle, Little, Maziarz, O'Mara
Nays (1): Johnson
Excused (1): Oppenheimer

S2741A-2011 Memo

BILL NUMBER:S2741A

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to establishing
the seagrass protection act

PURPOSE:
The bill authorizes the Department of Environmental Conservation to
adopt rules and regulations to regulate coastal and marine activities
that threaten seagrass.

SUMMARY OF PROVISIONS:
The DEC shall have authority to:

o Restrict the types of mechanically powered fishing gear in seagrass
areas that could be harmful to the grass.

o Identify harmful pesticides and chemicals to seagrass and make
recommendations in regards to restricting their use in seagrass areas.

o Make this information available on the DEC website.

o Develop and adopt, after consultation with stakeholders, a seagrass
management plan for designated seagrass management areas to protect
seagrass beds and preserve traditional recreational activities.

JUSTIFICATION:
New York seagrass beds are a vital habitat and nursery grounds for
numerous commercially, recreationally and ecologically important fish
and shellfish species. Seagrass beds used to be much larger-some
estimates reaching as large as 200,000 acres in 1930.
Today only 21,803 acres remain. Seagrass is such a vital part of our
underwater environment. The DEC should have authority to protect it.
The substance of this legislation was recommended by the NYS Seagrass
Task Force. The 2011 bill has been modified to address the substantive
concerns laid out in Veto Memo 6779 of 2010.

LEGISLATIVE HISTORY:
2010: S.8343 Foley/A.10269-B Sweeney, 61-0, Vetoed by the Governor;
Veto Memo 6779.

FISCAL IMPACT ON THE STATE:
Minimal.

EFFECTIVE DATE:
150th day after enactment.

S2741A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 2741--A
 2011-2012 Regular Sessions
 I N  SENATE
 January 31, 2011
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
 printed to be committed to the Committee on Environmental Conservation
 -- committee discharged, bill amended, ordered  reprinted  as  amended
 and recommitted to said committee
 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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03865-03-1
        S. 2741--A                          2
 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  INDUSTRY,
 AFFECTED  PROPERTY  OWNERS  AND OTHER STAKEHOLDERS, SO AS TO EFFECTIVELY
 MANAGE AND PROTECT SEAGRASS BEDS AND SEAGRASS  RESTORATION  EFFORTS.  IN
 ADDITION,  SEAGRASS  MANAGEMENT PLANS SHALL SEEK TO PRESERVE TRADITIONAL
 RECREATIONAL ACTIVITIES, INCLUDING RECREATIONAL BOATING AND MARINA OPER
 ATIONS, AS WELL AS FINFISHING, SHELLFISHING AND TOURISM  WHILE  ENSURING
 SUCH  ACTIVITIES DO NOT THREATEN SEAGRASS BEDS OR NEGATE SEAGRASS RESTO
 RATION 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  SHALL IDENTIFY PESTICIDES AND HERBICIDES THAT ARE
 TOXIC TO SEAGRASS AND MAKE RECOMMENDATIONS CONCERNING RESTRICTING  THEIR
 USE IN COASTAL AREAS.
 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.

S2741A-2011: Establishes seagrass protection act