Relates to the management of fluke-summer flounder.

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S4972-2011 Actions

• Jun 6, 2011: SUBSTITUTED BY A6949
• May 23, 2011: ADVANCED TO THIRD READING
• May 18, 2011: 2ND REPORT CAL.
• May 17, 2011: 1ST REPORT CAL.695
• May 2, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S4972-2011 Meetings

Environmental Conservation: May 17, 2011

S4972-2011 Calendars

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

S4972-2011 Votes

S4972-2011 Memo

BILL NUMBER:S4972

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the
management
of fluke-summer flounder

PURPOSE:
To extend the Department of Environmental Conservation's (DEC)
authority to manage fluke-summer flounder.

SUMMARY OF PROVISIONS:
This bill would extend DEC's authority to fix, by regulation,
management measures for flukesummer flounder in State waters until
December 31, 2015.

JUSTIFICATION:
DEC's regulatory authority over fluke-summer flounder 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 152 of the laws of 2007.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately.

S4972-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    4972

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 May 2, 2011
                                 ___________

  Introduced by Sens. JOHNSON, GRISANTI -- 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
    management of fluke-summer flounder

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


    Section 1.  Section 13-0340-b of the environmental  conservation  law,
  as  amended  by  chapter  152 of the laws of 2007, is amended to read as
  follows:

  S 13-0340-b. Fluke - summer flounder (Paralichthys dentatus).
    The department may, until December thirty-first, two thousand [eleven]
  FIFTEEN, fix by regulation measures  for  the  management  of  fluke  or
  summer  flounder  (Paralichthys  dentatus), 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, recordkeeping  requirements,  require-
  ments  on  the  amount and type of fishing effort and gear, and require-
  ments 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 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.
                                                             LBD09007-01-1