Bill S4982-2011

Continues the authority of the department of environmental conservation to provide for the management of monkfish

Continues the authority of the department of environmental conservation to provide for the management of monkfish.

Details

Actions

  • Jun 6, 2011: SUBSTITUTED BY A6951
  • May 23, 2011: ADVANCED TO THIRD READING
  • May 18, 2011: 2ND REPORT CAL.
  • May 17, 2011: 1ST REPORT CAL.705
  • May 2, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Environmental Conservation - May 17, 2011
Ayes (13): Grisanti, Johnson, Little, Marcellino, Maziarz, O'Mara, Young, Avella, Espaillat, Oppenheimer, Perkins, Serrano, Stewart-Cousins
Ayes W/R (1): LaValle

Memo

BILL NUMBER:S4982

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 management of monkfish

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

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

JUSTIFICATION: The DEC's regulatory authority over monkfish 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 139 of the laws of 2007.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4982 2011-2012 Regular Sessions IN SENATE May 2, 2011 ___________
Introduced by Sens. MARCELLINO, 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 management of monkfish THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 13-0340-g of the environmental conservation law, as amended by chapter 139 of the laws of 2007, is amended to read as follows: S 13-0340-g. Monkfish (Lophius americanus, Lophius reticulatus and Lophius gastrophysus). The department may, until December thirty-first, two thousand [eleven] FIFTEEN, fix by regulation measures for the management of monkfish (Lophius americanus, Lophius reticulatus and Lophius gastrophysus), 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 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 Commis- sion 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.

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