S5196-2011 - NY Senate Open Legislation - Relates to the regulation of certain types of clams

Relates to the regulation of certain types of clams.

Sponsor: ZELDIN / Co-sponsor(s): JOHNSON, GRISANTI
Law Section: Environmental Conservation Law / Law: Amd S13-0325, En Con L

S5196-2011 Actions

Aug 17, 2011: SIGNED CHAP.481
Aug 5, 2011: DELIVERED TO GOVERNOR
Jun 7, 2011: returned to senate
Jun 7, 2011: passed assembly
Jun 7, 2011: ordered to third reading cal.277
Jun 7, 2011: substituted for a6957
Jun 6, 2011: referred to environmental conservation
Jun 6, 2011: DELIVERED TO ASSEMBLY
Jun 6, 2011: PASSED SENATE
May 23, 2011: ADVANCED TO THIRD READING
May 18, 2011: 2ND REPORT CAL.
May 17, 2011: 1ST REPORT CAL.718
May 3, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S5196-2011 Meetings

Environmental Conservation: May 17, 2011

S5196-2011 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

S5196-2011 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

VOTE: FLOOR VOTE: - Jun 6, 2011

Ayes (60): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Nays (1): LaValle
Absent (1): Parker

S5196-2011 Memo

BILL NUMBER:S5196

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the
regulation of certain types of clams

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

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

JUSTIFICATION:
The DEC's regulatory authority over clams 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 142 of the Laws of 2007.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE:
This act shall take effect immediately.

S5196-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          5196
 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
 regulation of certain types of clams
 

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

 

Section 1. Subdivision 8  of  section  13-0325  of  the  environmental
 conservation  law,  as  amended  by  chapter 142 of the laws of 2007, is
 amended to read as follows:

 8. The department may, until December 31, [2011] 2014, adopt by  regu
 lation  measures  for  the management of hard clams (Mercenaria mercena
 ria), soft or steamer clams (Mya arenaria), and razor clams (Ensis sp.),
 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 relating to transportation,
 possession and sale, provided that such regulations are no less restric
 tive 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.
 LBD06916-01-1

S5196-2011: Relates to the regulation of certain types of clams