senate Bill S4978

Relates to continuing the authority of the department of environmental conservation to provide for the taking of blackfish

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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.701
  • 18 / May / 2011
    • 2ND REPORT CAL.
  • 23 / May / 2011
    • ADVANCED TO THIRD READING
  • 06 / Jun / 2011
    • SUBSTITUTED BY A6886

Summary

Relates to continuing the authority of the department of environmental conservation to provide for the taking of blackfish.

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Bill Details

See Assembly Version of this Bill:
A6886
Versions:
S4978
Legislative Cycle:
2011-2012
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0340-d, En Con L

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Sponsor Memo

BILL NUMBER:S4978

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
for the taking of blackfish

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

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

JUSTIFICATION:
Blackfish have long been an important recreation and commercial
species for New Yorkers.
Failure to extend the existing regulatory authority by December 31,
2011 will result in the loss of regulatory protection of these
species. This 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 147 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
________________________________________________________________________

                                  4978

                       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 for the taking of blackfish

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

  Section  1.  Subdivision  1  of section 13-0340-d of the environmental
conservation law, as amended by chapter 147 of  the  laws  of  2007,  is
amended to read as follows:
  1.  The  department  may,  until  December  thirty-first, two thousand
[eleven] FOURTEEN, fix by regulation  measures  for  the  management  of
blackfish  (Tautoga onitis), 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 requirements, requirements  on  the  amount  and
type  of fishing effort and gear, and requirements relating to transpor-
tation, 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  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.
                                                           LBD06918-01-1

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