Extends authorization to DEC to manage whelk and conch.
Ayes (61): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (1): LaValle
Excused (1): Sampson
TITLE OF BILL: An act to amend the environmental conservation law, in relation to extending the authority of the department of environmental conservation to manage whelk and conch
The bill would extend the authority of the Department of Environmental Conservation (DEC) to manage whelk and conch.
Summary of provisions:
Section 1 of the bill would amend Environmental Conservation Law (ECL) § 13-0330(6) § 13-0330(6) to extend, until December 31, 2015, the authority of DEC to fix by regulation measures for the management of whelk and conch.
Section 2 of the bill provides that the bill would take effect immediately.
ECL § 13-0330 grants DEC regulatory authority, until December 31, 2013, for the management of whelk.
Statement in support:
The depletion of the lobster population in Long Island has resulted in a sharp increase in the demand for whelk and conch licenses, as well as an increase in the taking of other carnivorous snails, including moon snails. This increase has raised concerns with regard to the stability of the population of carnivorous snails. A recent Long Island Sound Trawl Survey conducted by the Connecticut Department of Energy and Environmental Protection shows a decrease in the weight of conch in the Long Island Sound which, in turn, indicates that the species is currently being over-harvested. Extending DEC's authority to regulate whelk and conch is essential to maintaining the population and ensuring a robust number for future harvests.
Prior Legislative history:
DEC's regulatory authority to manage whelk was last extended by Chapter 420 of the Laws of 2011.
Budget implications: None.
Local Impact: None
Effective Date: The bill would take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4220 2013-2014 Regular Sessions IN SENATE March 14, 2013 ___________Introduced by Sen. ZELDIN -- (at request of the Department of Environ- mental Conservation) -- 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 extending the authority of the department of environmental conserva- tion to manage whelk and conch THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 6 of section 13-0330 of the environmental conservation law, as amended by chapter 420 of the laws of 2011, is amended to read as follows: 6. The department may, until December thirty-first, two thousand
[thirteen]FIFTEEN, fix by regulation measures for the management of whelk or conch (Busycon spp.), 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 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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08958-02-3