Relates to extending the authority of the department of environmental conservation to manage Atlantic cod.
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to extending the authority of the department of environmental conservation to manage Atlantic cod
Purpose of the Bill:
The purpose of this bill is to extend the authority of the Department of Environmental Conservation (DEC) to manage Atlantic Cod.
Summary of Provisions:
Section 1 of this bill amends Environmental Conservation Law (ECL)
§ 13-0339-a(1)(a) to extend, until December 31, 2017, DEC's authority to fix by regulation measures for the management of Atlantic cod (Gadus morhua).
Section 2 of this bill provides that the bill shall take effect immediately.
ECL § 13-0339-a(1)(a) grants DEC regulatory authority, until December 31, 2015, for the management of Atlantic cod.
Prior Legislative History:
ECL § 13-1339-a was added by Chapter 196 of the Laws of 1999. This authority was last extended by Chapter 35 of the Laws of 2013.
Statement in Support:
DEC's regulatory authority for Atlantic cod is necessary to preserve the current regulatory program. Failure to extend the existing regulatory authority by December 31, 2015 would result in the loss of regulatory protection for these species.
This bill would extend DEC's regulatory authority for Atlantic Cod for an additional two years, and ensure that DEC continues to be able to maintain compliance with any applicable federal management plan or Interstate Fishery Management Plan (FMP). ECL § 13-0105, which sets forth the marine fisheries conservation and management policy, provides that one of the State's objectives shall be that the management of the State's transboundary and migratory species shall be consistent with any interjurisdictional management plans, interstate or state-federal. Moreover, failure to make necessary regulatory changes as may be required by an applicable FMP could result in the closure of New York's fishery for that species.
Atlantic cod is managed by pursuant to an FMP adopted by the New England Fishery Management Council. Atlantic cod is infrequently caught in New York waters, but is often landed in New York from fishing trips in federal waters It is important that New York have the
ability to synchronize State regulations with any amendments to the FMP and resulting changes to the federal regulations so that the applicable rules are clear and easy to enforce.
This bill would have no impact on local governments.
This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5002 2015-2016 Regular Sessions IN SENATE April 28, 2015 ___________Introduced by Sen. BOYLE -- (at request of the Department of Environ- mental Conservation) -- 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 manage Atlantic cod THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph a of subdivision 1 of section 13-0339-a of the environmental conservation law, as amended by chapter 35 of the laws of 2013, is amended to read as follows: a. Atlantic cod (Gadus morhua) until December thirty-first, two thou- sand
[fifteen]SEVENTEEN, S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09433-02-5