senate Bill S4983

Relates to the management of scup

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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.706
  • 18 / May / 2011
    • 2ND REPORT CAL.
  • 23 / May / 2011
    • ADVANCED TO THIRD READING
  • 06 / Jun / 2011
    • SUBSTITUTED BY A6958

Summary

Relates to the management of scup.

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Bill Details

See Assembly Version of this Bill:
A6958
Versions:
S4983
Legislative Cycle:
2011-2012
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0340-e, En Con L

Votes

Sponsor Memo

BILL NUMBER:S4983

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

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

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

JUSTIFICATION:
The DEC's regulatory authority over scup 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 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
________________________________________________________________________

                                  4983

                       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 the
  management of scup

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

  Section  1.   Section 13-0340-e of the environmental conservation law,
as amended by chapter 145 of the laws of 2007, is  amended  to  read  as
follows:
S 13-0340-e. Scup (Stenotomus chrysops).
  The department may, until December thirty-first, two thousand [eleven]
FIFTEEN, fix by regulation measures for the management of scup (Stenoto-
mus  chrysops), 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, record-
keeping 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. 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.
                                                           LBD09005-01-1

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