Extends the authority of the department of environmental conservation to manage winter flounder.
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 winter flounder
Purpose of the Bill:
The purpose of this bill is to extend the authority of the Department of Environmental Conservation (DEC) to manage winter flounder.
Summary of Provisions:
Section 1 of this bill amends Environmental Conservation Law (ECL) 13-0340-c to extend, until December 31, 2017, DEC's authority to fix by regulation measures for the management of winter flounder (Pleuorenectes americanus).
Section 2 of this bill provides that the bill shall take effect immediately.
ECL § 13-0340-c grants DEC regulatory authority for winter flounder until December 31, 2015.
Prior Legislative History:
DEC's regulatory authority was last extended by Chapter 34 of the Laws of 2013.
Statement in Support:
DEC's regulatory authority for winter flounder is necessary in order 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 winter flounder.
This bill would extend DEC's regulatory authority for an additional two years, and ensure that DEC continues to be able to maintain compliance with the Interstate Fishery Management Plan (FMP) for Inshore Stocks of Winter Flounder adopted by the Atlantic States Marine Fisheries Commission (ASMFC). 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 the FMP could result in the closure of New York's winter flounder fishery.
This bill would have no impact on local governments.
This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5007 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 winter flounder THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 13-0340-c of the environmental conservation law, as amended by chapter 34 of the laws of 2013, is amended to read as follows: S 13-0340-c. Winter flounder (Pleuorenectes americanus). The department may, until December thirty-first, two thousand
[fifteen]SEVENTEEN, fix by regulation measures for the management of winter flounder (Pleuorenectes americanus), 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, require- ments on the amount and type of fishing effort and gear, and require- ments 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 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. LBD09429-01-5