senate Bill S4975

Relates to the management of winter flounder

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 02 / May / 2011
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 17 / May / 2011
    • 1ST REPORT CAL.698
  • 18 / May / 2011
    • 2ND REPORT CAL.
  • 23 / May / 2011
    • ADVANCED TO THIRD READING
  • 06 / Jun / 2011
    • SUBSTITUTED BY A6946

Summary

Relates to the management of winter flounder.

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Bill Details

See Assembly Version of this Bill:
A6946
Versions:
S4975
Legislative Cycle:
2011-2012
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง13-0340-c, En Con L

Votes

Sponsor Memo

BILL NUMBER:S4975

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

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

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

JUSTIFICATION:
DEC's regulatory authority over winter flounder 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
13-0340, 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 inter-jurisdictional 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 145 of the laws of 2007.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4975

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced by Sens. JOHNSON, GRISANTI -- 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  the
  management of 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 145 of the laws  of  2007,  is  amended  to  read  as
follows:
  S 13-0340-c. Winter flounder (Pleuorenectes americanus).
  The department may, until December thirty-first, two thousand [eleven]
THIRTEEN,  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 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.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09006-01-1

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