S4287B-2011 Actions

• Jul 31, 2012: SIGNED CHAP.272
• Jul 20, 2012: DELIVERED TO GOVERNOR
• May 14, 2012: returned to senate
• May 14, 2012: repassed assembly
• May 14, 2012: ordered to third reading cal.274
• May 14, 2012: substituted for a7988a
• May 7, 2012: referred to environmental conservation
• May 7, 2012: DELIVERED TO ASSEMBLY
• May 7, 2012: PASSED SENATE
• May 1, 2012: ADVANCED TO THIRD READING
• Apr 30, 2012: 2ND REPORT CAL.
• Apr 26, 2012: 1ST REPORT CAL.593
• Mar 30, 2012: PRINT NUMBER 4287B
• Mar 30, 2012: AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
• Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
• Jun 24, 2011: RECOMMITTED TO RULES
• Jun 24, 2011: RESTORED TO THIRD READING
• Jun 24, 2011: SUBSTITUTION RECONSIDERED
• Jun 22, 2011: SUBSTITUTED BY A7988
• Jun 22, 2011: ORDERED TO THIRD READING CAL.1498
• Jun 22, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 7, 2011: REPORTED AND COMMITTED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
• Jun 1, 2011: PRINT NUMBER 4287A
• Jun 1, 2011: AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
• Mar 28, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S4287B-2011 Meetings

S4287B-2011 Calendars

S4287B-2011 Votes

S4287B-2011 Memo

BILL NUMBER:S4287B        REVISED 05/07/12

TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
establishing the seagrass protection act

PURPOSE:
To authorize the Department of Environmental Conservation to adopt
rules and regulations to regulate coastal and marine activities that
threaten seagrass.

SUMMARY OF PROVISIONS:
The bill amends Article 13 of the environmental conservation law by
adding a new Title 7 granting DEC the authority to:

o Designate seagrass management areas;
o Restrict the types of mechanically powered fishing gear in seagrass
areas that could be harmful to the grass;
o Make this information available on the DEC website; and
o Develop and adopt, after consultation with stakeholders, a seagrass
management plan for designated seagrass management areas to protect
seagrass beds and preserve traditional recreational activities.

JUSTIFICATION:
New York seagrass beds are a vital habitat and nursery grounds for
numerous commercially, recreationally and ecologically important fish
and shellfish species. Seagrass beds used to be much larger - some
estimates reaching as large as 200,000 acres in 1930. Today only
21,803 acres remain. Seagrass is such a vital part of our underwater
environment. The DEC should have authority to protect it. The
substance of this legislation was recommended by the NYS Seagrass
Task Force.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
This act shall take effect on the one hundred fiftieth day after it
shall have become a law.

S4287B-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 4287--B
 2011-2012 Regular Sessions
 I N  SENATE
 March 28, 2011
 
 Introduced  by  Sens. JOHNSON, AVELLA -- read twice and ordered printed,
 and when printed to be committed to  the  Committee  on  Environmental
 Conservation  -- committee discharged, bill amended, ordered reprinted
 as amended and recommitted to said committee  --  recommitted  to  the
 Committee on Environmental Conservation in accordance with Senate Rule
 6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
 amended and recommitted to said committee
 

AN ACT to amend the  environmental  conservation  law,  in  relation  to
 establishing the seagrass protection act
 

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

 

Section 1. Article 13 of the environmental conservation law is amended
 by adding a new title 7 to read as follows:

 TITLE 7
 SEAGRASS PROTECTION ACT
 SECTION 13-0701. SHORT TITLE.
 13-0703. DEFINITIONS.
 13-0705. DEPARTMENTAL RESPONSIBILITIES.
 

S 13-0701. SHORT TITLE.
 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS  THE  SEAGRASS  PROTECTION
 ACT.
 

S 13-0703. DEFINITIONS.
 1.  "COASTAL COMMUNITY" SHALL MEAN A MUNICIPAL CORPORATION, AS DEFINED
 IN SECTION TWO OF THE GENERAL MUNICIPAL LAW, IN NASSAU AND SUFFOLK COUN
 TIES.
 2. "SEAGRASS" SHALL MEAN ROOTED,  VASCULAR,  FLOWERING  MARINE  PLANTS
 THAT  ARE  SUBMERGED  IN  NEW  YORK'S BAYS AND COASTAL WATERS, INCLUDING
 ZOSTERA MARINA AND RUPPIA MARITIMA.
 

S 13-0705. DEPARTMENTAL RESPONSIBILITIES.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10538-04-2
 
       S. 4287--B                          2
 1.  THE DEPARTMENT SHALL DESIGNATE SEAGRASS MANAGEMENT  AREAS.  DESIG
 NATION  OF  SUCH  AREAS  SHALL INCLUDE CONSIDERATION, ON A GEOGRAPHIC OR
 ESTUARINE BASIS, OF LIKELY THREATS TO SEAGRASS.
 2.  FOR EACH DESIGNATED SEAGRASS MANAGEMENT AREA, THE DEPARTMENT SHALL
 DEVELOP AND ADOPT A SEAGRASS MANAGEMENT PLAN TO GUIDE THE DEVELOPMENT OF
 RULES AND REGULATIONS PURSUANT TO SUBDIVISION  THREE  OF  THIS  SECTION.
 SUCH  PLAN SHALL BE DEVELOPED AFTER CONSULTATION WITH LOCAL GOVERNMENTS,
 REPRESENTATIVES OF RECREATIONAL BOATING INTERESTS, THE MARINE INDUSTRIES
 (INCLUDING COMMERCIAL AND RECREATIONAL SHELL FISHERMEN,  AND  COMMERCIAL
 SHELL  FISH  FARMERS), AFFECTED PROPERTY OWNERS, AND OTHER STAKEHOLDERS,
 SO AS TO EFFECTIVELY MANAGE  AND  PROTECT  SEAGRASS  BEDS  AND  SEAGRASS
 RESTORATION EFFORTS AT THOSE LOCATIONS AT WHICH THE RESTORATION OF SEAG
 RASS  IS REASONABLY POSSIBLE.  SUCH PLANS SHALL, TO THE EXTENT PRACTICA
 BLE, TAKE INTO CONSIDERATION, THE GOALS OF  EXISTING  ESTUARY  PROGRAMS.
 IN  ADDITION,  SEAGRASS  MANAGEMENT  PLANS SHALL SEEK TO PRESERVE TRADI
 TIONAL RECREATIONAL ACTIVITIES, INCLUDING RECREATIONAL BOATING AND MARI
 NA OPERATIONS, AS WELL AS FINFISHING,  SHELLFISHING  AND  TOURISM  WHILE
 ENSURING  SUCH  ACTIVITIES DO NOT THREATEN SEAGRASS BEDS OR NEGATE SEAG
 RASS RESTORATION EFFORTS.
 3. THE DEPARTMENT SHALL HAVE THE AUTHORITY TO ADOPT  RULES  AND  REGU
 LATIONS TO REGULATE COASTAL AND MARINE ACTIVITIES THAT THREATEN SEAGRASS
 BEDS OR SEAGRASS RESTORATION EFFORTS.
 4.  THE  DEPARTMENT  SHALL  HAVE  THE AUTHORITY TO RESTRICT THE USE OF
 MECHANICAL-POWERED FISHING  OR  SHELLFISHING  GEAR  WHICH  MAY  DIRECTLY
 IMPACT SEAGRASS BEDS, INCLUDING CHURNING, DREDGES, RAKES AND TONGS.
 5.  THE DEPARTMENT SHALL IDENTIFY WATER QUALITY IMPACTS SUCH AS NITRO
 GEN POLLUTION AND MAKE RECOMMENDATIONS ON HOW TO MINIMIZE SUCH IMPACTS.
 6. THE DEPARTMENT SHALL MAKE INFORMATION CONCERNING THE IMPORTANCE  OF
 SEAGRASS  PROTECTION  AND  THE  STATUS  OF  SEAGRASS RESTORATION EFFORTS
 AVAILABLE ON THE DEPARTMENT WEBSITE.
 

S 2. This act shall take effect on the one hundred fiftieth day  after
 it shall have become a law.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!