senate Bill S4977

Continues the authority of the department of environmental conservation to provide the taking of sharks

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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.700
  • 18 / May / 2011
    • 2ND REPORT CAL.
  • 23 / May / 2011
    • ADVANCED TO THIRD READING
  • 06 / Jun / 2011
    • SUBSTITUTED BY A6960

Summary

Continues the authority of the department of environmental conservation to provide the taking of sharks.

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Bill Details

See Assembly Version of this Bill:
A6960
Versions:
S4977
Legislative Cycle:
2011-2012
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง13-0338, En Con L

Votes

Sponsor Memo

BILL NUMBER:S4977

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to continuing
the authority of the department of environmental conservation to provide
the taking of sharks

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

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

JUSTIFICATION:
The DEC's regulatory authority over sharks 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 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 141 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
________________________________________________________________________

                                  4977

                       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
  continuing  the authority of the department of environmental conserva-
  tion to provide the taking of sharks

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

  Section  1.  Subdivision  4  of  section  13-0338 of the environmental
conservation law, as amended by chapter 141 of  the  laws  of  2007,  is
amended to read as follows:
  4.  The  department  may,  until  December  thirty-first, two thousand
[eleven] THIRTEEN, fix by regulation  measures  for  the  management  of
sharks,  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, recordkeep-
ing 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  restrictive  than
requirements  set  forth  in this chapter and provided further that such
regulations are consistent with the compliance requirements of  applica-
ble fishery management plans adopted by the Atlantic States Marine Fish-
eries  Commission  and  with applicable provisions of fishery management
plans adopted pursuant to the Federal Fishery Conservation  and  Manage-
ment Act (16 U.S.C. S1800 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.
                                                           LBD06907-02-1

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