Extends until December 31, 2015, the expiration of the authority of the department of environmental conservation to manage Atlantic and shortnose sturgeon.
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 Atlantic and shortnose sturgeon
Purpose of Bill:
The bill would extend the authority of the Department of Environmental Conservation (DEC) to manage Atlantic and shortnose sturgeon.
Summary of provisions:
Section 1 of this bill would amend Environmental Conservation Law (ECL) § 13-0339- a(1)(c) to extend, until December 31, 2015, DEC's authority to fix by regulation measures for the management of Atlantic sturgeon (Acipenser oxyrhynchus) and shortnose sturgeon (Acipenser brevirostrum).
Section 2 of this bill provides that the bill would take effect immediately.
ECL § 13-0339-a(1)(c) grants DEC regulatory authority, until December 31. 2013, for the management of Atlantic and shortnose sturgeon.
Statement in support:
This bill would extend DEC's regulatory authority concerning the management of Atlantic and shortnose sturgeon for an additional four years, and ensure that DEC continues to be able to maintain compliance with any applicable federal management plan or Interstate Fishery Management Plan (FMP) adopted by the Atlantic States Marine Fisheries Commission (ASMFC).
Both species of sturgeon are protected under the federal Endangered Species Act (ESA). Atlantic sturgeon is managed pursuant to the Interstate Fishery Management Plan for Atlantic Sturgeon adopted by
ASMFC. Because of the reduction of Atlantic sturgeon, a 1998 amendment to the FMP initially required closure of all states' Atlantic sturgeon fisheries. in 2012, the National Marine Fisheries Service listed the sub-species of Atlantic sturgeon located in New York waters as "endangered" pursuant to the ES, thus prohibiting the taking of any such sturgeon without a permit. The shortnose sturgeon was listed as endangered throughout its range on March 11, 1967 under the Endangered Species Preservation Act of 1966 (a predecessor to the ESA). It is also listed as endangered in New York State as endangered pursuant to ECL § 11- 0535. The extension of authority at issue in the bill would provide DEC with continued management over these threatened species.
ECL § 13-1339-a was added by Chapter 196 of the Laws of 1999. This authority was last extended by Chapter 295 of the Laws of 2011.
The bill would take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4250 2013-2014 Regular Sessions IN SENATE March 15, 2013 ___________Introduced by Sen. MARTINS -- (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 Atlantic and shortnose sturgeon THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph c of subdivision 1 of section 13-0339-a of the environmental conservation law, as amended by chapter 295 of the laws of 2011, is amended to read as follows: c. Atlantic and shortnose sturgeon (Acipenser oxyrhynchus and brevi- rostrum) until December thirty-first, two thousand
[thirteen]FIFTEEN, S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08948-02-3