S4983-2011 - NY Senate Open Legislation - Relates to the management of scup

Relates to the management of scup.

Sponsor: MARCELLINO / Co-sponsor(s): JOHNSON, GRISANTI
Law Section: Environmental Conservation Law / Law: Amd S13-0340-e, En Con L

S4983-2011 Actions

Jun 6, 2011: SUBSTITUTED BY A6958
May 23, 2011: ADVANCED TO THIRD READING
May 18, 2011: 2ND REPORT CAL.
May 17, 2011: 1ST REPORT CAL.706
May 2, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S4983-2011 Meetings

Environmental Conservation: May 17, 2011

S4983-2011 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

S4983-2011 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

S4983-2011 Memo

BILL NUMBER:S4983

TITLE OF BILL:
An act
to amend the environmental conservation law, in
relation to the management of scup

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

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

JUSTIFICATION:
The DEC's regulatory authority over scup 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 145 of the laws of 2007.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately.

S4983-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          4983
 2011-2012 Regular Sessions
 I N  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 the
 management of scup
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  

Section 13-0340-e of the environmental conservation law,
 as amended by chapter 145 of the laws of 2007, is  amended  to  read  as
 follows:

 

S 13-0340-e. Scup (Stenotomus chrysops).
 The department may, until December thirty-first, two thousand [eleven]
 FIFTEEN, fix by regulation measures for the management of scup (Stenoto
 mus  chrysops), 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.
 LBD09005-01-1

S4983-2011: Relates to the management of scup