S5194-2011 - NY Senate Open Legislation - Relates to the management of oysters

Relates to the management of oysters.

Sponsor: ZELDIN / Co-sponsor(s): JOHNSON, GRISANTI
Law Section: Environmental Conservation Law / Law: Amd S13-0323, En Con L

S5194-2011 Actions

Jun 6, 2011: SUBSTITUTED BY A7078
May 23, 2011: ADVANCED TO THIRD READING
May 18, 2011: 2ND REPORT CAL.
May 17, 2011: 1ST REPORT CAL.716
May 3, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S5194-2011 Meetings

Environmental Conservation: May 17, 2011

S5194-2011 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

S5194-2011 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

S5194-2011 Memo

BILL NUMBER:S5194

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

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

SUMMARY OF PROVISIONS:
This bill would extend the DEC's authority to fix, by regulation,
management measures for oysters in State waters until December 31,
2014.

JUSTIFICATION:
The DEC's regulatory authority over oysters 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 interjurisdictional 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 144 of the Laws of 2007.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE:
This act shall take effect immediately.

S5194-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          5194
 2011-2012 Regular Sessions
 I N  SENATE
 May 3, 2011
 
 Introduced  by Sens. ZELDIN, JOHNSON, GRISANTI -- read twice and ordered
 printed, and when printed to be committed to the Committee on Environ
 mental Conservation
 

AN ACT to amend the environmental conservation law, in relation  to  the
 management of oysters
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 3  of  section  13-0323  of  the  environmental
 conservation  law,  as  amended  by  chapter 144 of the laws of 2007, is
 amended to read as follows:

 3. The department  may,  until  December  thirty-first,  two  thousand
 [eleven]  FOURTEEN,  fix  by  regulation  measures for the management of
 oysters (Family Ostreidae) 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 and identification requirements, requirements on
 the  amount and type of fishing effort and gear, and requirements relat
 ing to transportation, possession and sale,  provided  that  such  regu
 lations  are  no  less  restrictive  than requirements set forth in this
 chapter.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06917-01-1

S5194-2011: Relates to the management of oysters