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Environmental Conservation: May 17, 2011

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Active List: Jun 6, 2011 , Floor Calendar: May 18, 2011 , Floor Calendar: May 23, 2011 , Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011 , Floor Calendar: Jun 2, 2011 , Floor Calendar: Jun 6, 2011

Votes

Memo

BILL NUMBER:S4966

TITLE OF BILL: An act to amend the environmental conservation law, in relation to taking fish fixed by regulation

PURPOSE: To extend the Department of Environmental Conservation's (DEC) authority to regulate fish.

SUMMARY OF PROVISIONS: This bill would extend DEC's regulatory authority for fish in State waters until December 31, 2014.

JUSTIFICATION: ECL º 11-1303 authorizes DEC to set open seasons, size and catch limits and manner of taking of all species of fish, except marine fish. If this authority is not extended beyond the current sunset date of December 31, 2011 the existing regulations on the seasons, manner of taking, etc. for freshwater fish would no longer be enforceable and there would be no oversight of the taking of freshwater fish in State waters. By extending DEC's authority to regulate freshwater fish, this bill would assure continuity of the protection of the State's fish resources.

LEGISLATIVE HISTORY: Last extended by Chapter 256 of the laws of 2007.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act shall take effect immediately.

Text

STATE OF NEW YORK
________________________________________________________________________

4966

2011-2012 Regular Sessions

IN SENATE

May 2, 2011
___________

Introduced by Sens. GRISANTI, JOHNSON -- 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
  taking fish fixed by regulation

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 11-1303 of the environmental conservation  law,  as
amended  by  chapter  256  of  the  laws  of 2007, is amended to read as
follows:
S 11-1303. Open seasons, size and catch limits and manner of taking fish
             fixed by regulation.
  Notwithstanding any other provision of this  chapter,  the  department
may, until December thirty-first, two thousand [eleven] FOURTEEN, fix by
regulation  open  seasons, size and catch limits and manner of taking of
all species of fish in all waters of the state, except marine fish named
in subdivisions 2 and 3 of section 13-0339 of this chapter and except to
the extent that such open seasons, size and catch limits and  manner  of
taking  are  otherwise  specifically  provided for in article 13 of this
chapter.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09002-01-1