Extends until December 31, 2015, the authority of the department of environmental conservation to manage winter flounder.
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 winter flounder
Purpose of Bill: The bill would extend the authority of the Department of Environmental Conservation (DEC) to manage winter flounder.
Summary of provisions:
Section 1 of this bill would amend Environmental Conservation Law (ECL) § 13-0340-c to extend, until December 31, 2015, DEC's authority to fix by regulation measures for the management of winter flounder (Pseudopleuorenectes aniericanus),
Section 2 of this bill provides that the bill would take effect immediately
Existing Law: ECL § 13-0340-c grants DEC regulatory authority concerning the management of winter flounder until December 31, 2013
Prior Legislative history: DEC's regulatory authority was last extended by Chapter 419 of the Laws of 2011
Statement in support: ECL § 13-0105 establishes that the State's marine fisheries conservation and management policy shall be shall be consistent with any inter-jurisdictional management plans, interstate or state-federal. This bill would simply extend DEC's regulatory authority concerning the management of winter flounder for an additional four years, and ensure that DEC continues to be able to maintain compliance with the Interstate Fishery Management Plan (FMP) for Inshore Stocks of Winter Flounder adopted by the Atlantic States Marine Fisheries Commission. Failure to make necessary regulatory changes as may be required by the FMP could result in the closure of New York's winter flounder fishery.
Budget implications: None
Local Impact: None.
Effective Date: The bill would take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4368 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 extending the authority of the department of environmental conserva- tion to manage winter flounder THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 13-0340-c of the environmental conservation law, as amended by chapter 419 of the laws of 2011, is amended to read as follows: S 13-0340-c. Winter flounder (Pleuorenectes americanus). The department may, until December thirty-first, two thousand
[thir- teen]FIFTEEN, fix by regulation measures for the management of winter flounder (Pleuorenectes americanus), 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 eligi- bility therefor, recordkeeping requirements, requirements on the amount and type of fishing effort and gear, and requirements relating to trans- portation, 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 compli- ance requirements of applicable fishery management plans adopted by the Atlantic States Marine Fisheries Commission and with applicable provisions of fishery management plans adopted pursuant to the Federal Fishery Conservation and Management Act (16 U.S.C. S 1800 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. LBD08950-02-3