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

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S4287A-2011 Actions

• Jul 31, 2012: SIGNED CHAP.272
• Jul 20, 2012: DELIVERED TO GOVERNOR
• May 14, 2012: returned to senate
• May 14, 2012: repassed assembly
• May 14, 2012: ordered to third reading cal.274
• May 14, 2012: substituted for a7988a
• May 7, 2012: referred to environmental conservation
• May 7, 2012: DELIVERED TO ASSEMBLY
• May 7, 2012: PASSED SENATE
• May 1, 2012: ADVANCED TO THIRD READING
• Apr 30, 2012: 2ND REPORT CAL.
• Apr 26, 2012: 1ST REPORT CAL.593
• Mar 30, 2012: PRINT NUMBER 4287B
• Mar 30, 2012: AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
• Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
• Jun 24, 2011: RECOMMITTED TO RULES
• Jun 24, 2011: RESTORED TO THIRD READING
• Jun 24, 2011: SUBSTITUTION RECONSIDERED
• Jun 22, 2011: SUBSTITUTED BY A7988
• Jun 22, 2011: ORDERED TO THIRD READING CAL.1498
• Jun 22, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 7, 2011: REPORTED AND COMMITTED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
• Jun 1, 2011: PRINT NUMBER 4287A
• Jun 1, 2011: AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
• Mar 28, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S4287A-2011 Meetings

Environmental Conservation: Jun 7, 2011, Rules: Jun 24, 2011

S4287A-2011 Calendars

Floor Calendar: Jun 22, 2011

S4287A-2011 Votes

S4287A-2011 Memo

BILL NUMBER:S4287A

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

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

SUMMARY OF PROVISIONS:
The bill amends Article 13 of the environmental conservation law by
adding a new Title 7 granting DEC the authority to:

o Designate seagrass management areas;
o Restrict the types of mechanically powered fishing gear in seagrass
areas that could be harmful to the grass;
o Identify, in consultation with the Department of Agriculture and
Markets, harmful pesticides and chemicals which threaten seagrass and
make recommendations in regards to restricting their use in seagrass
areas;
o Make this information available on the DEC website; and � 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.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
This act shall take effect on the one hundred fiftieth day after it
shall have become a law.

S4287A-2011 Text

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

                                   4287--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                               March 28, 2011
                                 ___________

  Introduced  by  Sen. JOHNSON -- 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.
                                                             LBD10538-02-1

 S. 4287--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.  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.