Extends the authority of the department of environmental conservation to manage sharks.
Ayes (60): 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, 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
Absent (1): Sampson
Excused (1): Montgomery
TITLE OF BILL: An act to amend the environmental conservation law, in relation to the definition of shark and extending the authority of the department of environmental conservation to manage sharks
Purpose of Bill: The bill would extend the authority of the Department of Environmental Conservation (DEC) to manage sharks and make technical changes to the definition of "shark."
Summary of provisions:
Section 1 of this bill would amend Environmental Conservation Law (ECL) § 13-0338(1) to make technical corrections to the definition of "shark."
Section 2 of this bill would amend ECL § 13-0338(4) to extend, until December 31, 2015, DEC's authority to fix by regulation measures for the management of sharks.
Section 3 of this bill provides that the bill would take effect immediately.
Existing law: ECL § 13-0338 grants DEC regulatory authority until December 31, 2013 over the management of sharks, and defines the term "shark" as any species of the order Squaliformes except those in the suborder Batoidei.
Prior Legislative history: DEC was first provided with regulatory authority to manage sharks in Chapter 231 of the Laws of 1992. Such authority was last extended by Chapter 428 of the Laws of 2011. The definition of shark was last amended by Chapter 308 of 1999.
Statement in support: ECL § 13-0105 establishes that the State's marine fisheries conservation and management policy shall be consistent with any inter-jurisdictional, interstate or state-federal management plans. This bill would extend DEC's regulatory authority concerning the management of sharks for an additional four years to ensure that DEC continues to be able to maintain compliance with both the Interstate Fishery Management Plan (FMP) for Atlantic Coastal Sharks and the FMP for Spiny Dogfish adopted by the Atlantic States Marine Fisheries Commission. Failure to make necessary regulatory changes as may be required by the FMPs could result in the closure of New York's shark fisheries.
This bill would also clarify the definition of sharks. The existing definition of "shark" grants DEC the authority to regulate dogfish only. This amendment would authorize DEC to regulate all species of shark, while continuing to exclude skates, rays and torpedoes.
Budget implications: None.
Local Impact: None.
Effective Date: The bill would take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4367 2013-2014 Regular Sessions IN SENATE March 22, 2013 ___________Introduced by Sen. BOYLE -- (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 the definition of shark and extending the authority of the department of environmental conservation to manage sharks THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph a of subdivision 1 of section 13-0338 of the environmental conservation law, as amended by chapter 308 of the laws of 1999, is amended to read as follows: a. "Shark" means any species of the
[order Squaliformes]SUBCLASS ELASMOBRANCHII except species in the [suborder Batoidea]ORDER BATOIDEI, and S 2. Subdivision 4 of section 13-0338 of the environmental conserva- tion law, as amended by chapter 428 of the laws of 2011, is amended to read as follows: 4. The department may, until December thirty-first, two thousand [thirteen]FIFTEEN, fix by regulation measures for the management of sharks, 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, recordkeep- ing requirements, requirements on the amount and type of fishing effort and gear, and requirements relating to transportation, 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 compliance requirements of applica- ble fishery management plans adopted by the Atlantic States Marine Fish- eries Commission and with applicable provisions of fishery management plans adopted pursuant to the Federal Fishery Conservation and Manage- ment Act (16 U.S.C. S1800 et seq.). S 3. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08947-02-3