S4978-2011 Actions

• Jun 6, 2011: SUBSTITUTED BY A6886
• May 23, 2011: ADVANCED TO THIRD READING
• May 18, 2011: 2ND REPORT CAL.
• May 17, 2011: 1ST REPORT CAL.701
• May 2, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S4978-2011 Meetings

S4978-2011 Calendars

S4978-2011 Votes

S4978-2011 Memo

BILL NUMBER:S4978

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to continuing
the authority of the department of environmental conservation to provide
for the taking of blackfish

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

SUMMARY OF PROVISIONS:
This bill would extend DEC's authority to fix, by regulation,
management measures for blackfish in State waters until December
31, 2014.

JUSTIFICATION:
Blackfish have long been an important recreation and commercial
species for New Yorkers.
Failure to extend the existing regulatory authority by December 31,
2011 will result in the loss of regulatory protection of these
species. This 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 � 13-0340, 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 147 of the laws of 2007.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately.

S4978-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4978
 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
 continuing  the authority of the department of environmental conserva
 tion to provide for the taking of blackfish
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Subdivision  1  of section 13-0340-d of the environmental
 conservation law, as amended by chapter 147 of  the  laws  of  2007,  is
 amended to read as follows:

 1.  The  department  may,  until  December  thirty-first, two thousand
 [eleven] FOURTEEN, fix by regulation  measures  for  the  management  of
 blackfish  (Tautoga onitis), 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, requirements  on  the  amount  and
 type  of fishing effort and gear, and requirements relating to transpor
 tation, 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.
 LBD06918-01-1

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