Bill S5195-2011

Relates to continuing regulations relating to the management of whelks and conchs

Relates to continuing regulations relating to the management of whelks and conchs.



  • Jun 6, 2011: SUBSTITUTED BY A6948
  • May 18, 2011: 2ND REPORT CAL.
  • May 17, 2011: 1ST REPORT CAL.717




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



TITLE OF BILL: An act to amend the environmental conservation law, in relation to continuing regulations relating to the management of whelks and conchs

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

SUMMARY OF PROVISIONS: This bill would extend the DEC's authority to fix, by regulation, management measures for whelks and conchs in State waters until December 31, 2013.

JUSTIFICATION: The DEC's regulatory authority over whelks and conchs 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 § 130105, 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: Initial regulatory authority established by Chapter 143 of the Laws of 2007.


EFFECTIVE DATE: This act shall take effect immediately.


STATE OF NEW YORK ________________________________________________________________________ 5195 2011-2012 Regular Sessions IN 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 continuing regulations relating to the management of whelks and conchs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 6 of section 13-0330 of the environmental conservation law, as amended by chapter 143 of the laws of 2007, is amended to read as follows: 6. The department may, until December thirty-first, two thousand [eleven] THIRTEEN, fix by regulation measures for the management of whelk or conch (Busycon spp.), 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 eligi- bility therefor, recordkeeping requirements, requirements on the amount and type of fishing effort and gear, and requirements relating to trans- portation, 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 compli- ance 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.


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