Relates to the management of American shad.
Ayes (13): Grisanti, Johnson, Little, Marcellino, Maziarz, O'Mara, Young, Avella, Espaillat, Oppenheimer, Perkins, Serrano, Stewart-Cousins
Ayes W/R (1): LaValle
TITLE OF BILL: An act to amend the environmental conservation law, in relation to the management of American shad
PURPOSE: To extend the Department of Environmental Conservation's (DEC) authority to manage American shad.
SUMMARY OF PROVISIONS: This bill would extend the DEC's authority to fix, by regulation, management measures for American shad in State waters until December 31, 2014.
JUSTIFICATION: The DEC's regulatory authority over American shad is necessary in order to preserve the current regulatory program. Failure to extend the existing regulatory authority by December 31, 2011 will result in the loss of regulatory protection of these species. Moreover, regulatory authority is critical for New York State to maintain compliance with Fishery Management Plans for important marine and anadromous fish species along the coast. Failure to make necessary regulatory changes required by Fishery Management Plans places New York in jeopardy of closure of commercial and recreational fisheries. Finally, ECL § 13-0105, which sets forth the State's marine fisheries conservation and management policy, provides that this policy shall be carried out through achievement of certain objectives. One of these objectives is that the state's transboundary and migratory species shall be consistent with any inter-jurisdictional management plans, interstate or state-federal. Regulatory authority provides the mechanism to react timely to the ever changing fishery management plans.
LEGISLATIVE HISTORY: Last extended by Chapter 146 of the laws of 2007.
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: This act shall take effect on the same date as the enactment as a Chapter of the laws of 2011 entitled, "AN ACT to amend the environmental conservation law, in relation to the management of Atlantic cod."
STATE OF NEW YORK ________________________________________________________________________ 4970 2011-2012 Regular Sessions IN SENATE May 2, 2011 ___________Introduced by Sens. MARTINS, JOHNSON, GRISANTI -- read twice and ordered printed, and when printed to be committed to the Committee on Environ- mental Conservation AN ACT to amend the environmental conservation law, in relation to the management of American shad THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph e of subdivision 1 of section 13-0339-a of the environmental conservation law, as amended by a chapter of the laws of 2011 entitled, "AN ACT to amend the environmental conservation law, in relation to the management of Atlantic cod", is amended to read as follows: e. American shad (Alosa sapidissima) until December thirty-first, two thousand
[eleven]FOURTEEN, S 2. This act shall take effect on the same date as a chapter of the laws of 2011 entitled, "AN ACT to amend the environmental conservation law, in relation to the management of Atlantic cod", takes effect.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10242-01-1