senate Bill S4982

Continues the authority of the department of environmental conservation to provide for the management of monkfish

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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.705
  • 18 / May / 2011
    • 2ND REPORT CAL.
  • 23 / May / 2011
    • ADVANCED TO THIRD READING
  • 06 / Jun / 2011
    • SUBSTITUTED BY A6951

Summary

Continues the authority of the department of environmental conservation to provide for the management of monkfish.

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Bill Details

See Assembly Version of this Bill:
A6951
Versions:
S4982
Legislative Cycle:
2011-2012
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง13-0340-g, En Con L

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Sponsor Memo

BILL NUMBER:S4982

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 management of monkfish

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

SUMMARY OF PROVISIONS:
This bill would extend DEC's authority to fix, by
regulation, management measures for monkfish in State waters
until December 31, 2015.

JUSTIFICATION:
The DEC's regulatory authority over monkfish 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 139 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
________________________________________________________________________

                                  4982

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced  by  Sens.  MARCELLINO,  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 management of monkfish

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

  Section 1. Section 13-0340-g of the environmental conservation law, as
amended by chapter 139 of the laws  of  2007,  is  amended  to  read  as
follows:
S 13-0340-g.  Monkfish  (Lophius  americanus,  Lophius  reticulatus  and
                 Lophius gastrophysus).
  The department may, until December thirty-first, two thousand [eleven]
FIFTEEN, fix by regulation  measures  for  the  management  of  monkfish
(Lophius  americanus,  Lophius  reticulatus  and  Lophius gastrophysus),
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 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  applicable  fishery
management plans adopted by the Atlantic States Marine Fisheries Commis-
sion  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.
                                                           LBD06936-02-1

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