Extends the authority of the department of environmental conservation to regulate striped bass.
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 extending the authority of the department of environmental conservation to regulate striped bass
PURPOSE: To extend the Department of Environmental Conservation's (DEC) authority to manage striped bass.
SUMMARY OF PROVISIONS: This bill would extend DEC's authority to fix, by regulation, management measures for striped bass in State waters until December 31, 2015.
JUSTIFICATION: A laps or expiration of DEC's authority to regulate the possession, transportation, identification and sale of striped bass could result in the closure of the fishery by the Federal Commerce Department. In the absence of such state authority, regulations currently in place that keep New York in compliance with the interstate fishery management plan for striped bass would become unenforceable. To ensure that this does not happen, this legislation would extend for another four years the department's authority to manage this extremely important and popular fish. This existing fishery management plan (FMP) for striped bass was adopted by the Atlantic States Marine Fisheries Commission (ASMFC) and may be revised periodically, requiring New York to amend certain management measures for the species. In the case of striped bass, such changes to the FMP could potentially allow states to increase the annual quota.
LEGISLATIVE HISTORY: Last extended by Chapter 150 of the Laws of 2007.
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4976 2011-2012 Regular Sessions IN 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 extending the authority of the department of environmental conserva- tion to regulate striped bass THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 3 of section 11-0303 of the environmental conservation law, as amended by chapter 150 of the laws of 2007, is amended to read as follows: 3. The department may, until December thirty-first, two thousand
[eleven]FIFTEEN, fix by regulation measures for the management of striped bass, 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, record- keeping 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. 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. LBD06935-02-1