Extends the authority of the department of environmental conservation to manage sharks.
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 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 ECL § 13-0338(4) to extend, until December 31, 2015, DEC's authority to fix by regulation measures for the management of sharks.
Section 2 of this bill provides that the bill would take effect immediately.
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.
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.
The bill would take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4367--A Cal. No. 466 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 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the environmental conservation law, in relation to extending the authority of the department of environmental conserva- tion to manage sharks THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 13-0338 of the environmental conservation 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 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08947-04-3