Relates to the management of Atlantic cod.
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 Atlantic cod
PURPOSE: To extend the Department of Environmental Conservation's (DEC) authority to manage Atlantic cod.
SUMMARY OF PROVISIONS: This bill would extend DEC's authority to fix, by regulation, management measures for Atlantic cod in State waters until December 31, 2013.
JUSTIFICATION: DEC's regulatory authority over Atlantic cod 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 cost. 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 immediately.
STATE OF NEW YORK ________________________________________________________________________ 4980 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 the management of Atlantic cod THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 13-0339-a of the environmental conservation law, as amended by chapter 146 of the laws of 2007, is amended to read as follows: S 13-0339-a. Atlantic cod (Gadus morhua), Atlantic sturgeon (Acipenser oxyrhynchus), shortnose sturgeon (Acipenser brevirost- rum), American eel
[(Anguillo](ANGUILLA rostrata), Atlantic herring (Clupea horengus), American shad (Alosa sapidissima), alewife [(Aloso](ALOSA pseudoharengus), blueback herring (Alosa aestivalis), squid (cephalopoda), and hickory shad (Alosa mediocris). 1. The department may [, until December thirty-first, two thousand eleven,]fix, by regulation, measures for the management of THE FOLLOW- ING SPECIES: A. Atlantic cod (Gadus morhua) UNTIL DECEMBER THIRTY-FIRST, TWO THOU- SAND THIRTEEN, B. American eel (Anguilla rostrata) UNTIL DECEMBER THIRTY-FIRST, TWO THOUSAND ELEVEN, C. Atlantic and shortnose sturgeon (Acipenser oxyrhynchus and brevi- rostrum) UNTIL DECEMBER THIRTY-FIRST, TWO THOUSAND ELEVEN, D. Atlantic herring (Clupea horengus) UNTIL DECEMBER THIRTY-FIRST, TWO THOUSAND ELEVEN, E. American shad (Alosa sapidissima) UNTIL DECEMBER THIRTY-FIRST, TWO THOUSAND ELEVEN,EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09065-01-1 S. 4980 2
F. alewife (Alosa pseudoharengus) UNTIL DECEMBER THIRTY-FIRST, TWO THOUSAND ELEVEN, G. blueback herring (Alosa aestivalis) UNTIL DECEMBER THIRTY-FIRST, TWO THOUSAND ELEVEN, H. squid (cephalopoda) UNTIL DECEMBER THIRTY-FIRST, TWO THOUSAND ELEV- EN, and I. hickory shad (Alosa mediocris)
[, including]UNTIL DECEMBER THIRTY- FIRST, TWO THOUSAND ELEVEN. 2. SUCH MANAGEMENT REGULATIONS MAY INCLUDE size limits, catch and possession limits, open and closed seasons, closed areas, restrictions on the manner of taking and landing, requirements for permits and eligi- bility therefor, recordkeeping requirements, requirements on the amount and type of fishing effort and gear, and requirements relating to trans- portation, 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 compli- ance 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.