Extends the authority of the department of environmental conservation to manage scallops.
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 scallops
Purpose of Bill:
This bill would to extend the authority of the Department of Environmental Conservation (DEC) to manage scallops and to making conforming changes to the penalty provisions related to such authority.
Summary of provisions:
Section 1 of the bill would amend Environmental Conservation Law (ECL) § 13-0327 to extend, until December 31, 2015, DEC's authority to fix by regulation measures for the management of scallops (Family Pectinidae).
Section 2 of the bill would amend ECL § 71-0921(4)(a)(9) to clarify that the penalty provided is for any violation of regulations related to the taking of undersized bay scallops as promulgated under ECL 13-0327.
Section 3 of the bill provides that the bill would take effect immediately.
ECL § 13-0327 grants DEC regulatory authority over scallops until December 31, 2013. Prior Legislative History DEC's regulatory authority to manage scallops was established in 2005 and last extended by Chapter 427 of the Laws of 2011.
Statement in support:
This bill is necessary to preserve DEC's existing regulatory authority over scallops. The existing program regulates management measures associated with, among other things, legal size, possession and catch limits, open season dates, gear restrictions, and restrictions on sale.
New York's bay scallop resource is primarily located in the waters of Peconic and Gardiners Bays on the eastern end of Long Island. Bay scallop populations have experienced a significant decline since 1985 due to the occurrence and repeated blooms of an unusual alga, A ureococcus anaphageffrens, also known as brown tide in the east end bays of the Peconics. Accordingly, failure to extend this authority would likely result in the uncontrolled harvest of bay scallops of any size which are presently at very low population levels and would not be protective of the resource and shellfish industry. Additionally, this regulatory authority provides DEC with the flexibility to respond to biological and environmental events such as brown tide that have a significant impact on the viability of the bay scallop resource.
This bill also clarifies that penalties provided in the law are applicable to violations of regulations related to the taking of undersized bay scallops. When DEC was granted regulatory authority for the oversight of scallops, the penalty provisions were not adjusted and the law currently refers to a provision of law which no longer exists.
Budget implications: None.
Local Impact: None.
Effective Date: The bill would take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4221 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 scallops THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 13-0327 of the environmental conservation law, as amended by chapter 427 of the laws of 2011, is amended to read as follows: S 13-0327. Scallops; prohibited acts. The department may, until December thirty-first, two thousand
[thir- teen]FIFTEEN, adopt by regulation measures for the management of scal- lops (Family Pectinidae) 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. Subparagraph 9 of paragraph a of subdivision 4 and subparagraph 5 of paragraph a of subdivision 5 of section 71-0921 of the environmental conservation law, as added by chapter 417 of the laws of 1996, are amended to read as follows: (9) [subdivision two of]REGULATIONS PROMULGATED BY THE DEPARTMENT PURSUANT TO section 13-0327 of this chapter, regarding the taking of undersized scallops, where the taking involves more than twenty-four percentum of scallops of less than legal size; andEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08952-02-3 S. 4221 2
[subdivision two of]REGULATIONS PROMULGATED BY THE DEPARTMENT PURSUANT TO section 13-0327 of this chapter, regarding the taking of undersized scallops, where the taking involves between ten and twenty- four percentum of scallops of less than legal size. S 3. This act shall take effect immediately.