senate Bill S5196

Signed by Governor

Relates to the regulation of certain types of clams

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Bill Status


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

  • 03 / May / 2011
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 17 / May / 2011
    • 1ST REPORT CAL.718
  • 18 / May / 2011
    • 2ND REPORT CAL.
  • 23 / May / 2011
    • ADVANCED TO THIRD READING
  • 06 / Jun / 2011
    • PASSED SENATE
  • 06 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 06 / Jun / 2011
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 07 / Jun / 2011
    • SUBSTITUTED FOR A6957
  • 07 / Jun / 2011
    • ORDERED TO THIRD READING CAL.277
  • 07 / Jun / 2011
    • PASSED ASSEMBLY
  • 07 / Jun / 2011
    • RETURNED TO SENATE
  • 05 / Aug / 2011
    • DELIVERED TO GOVERNOR
  • 17 / Aug / 2011
    • SIGNED CHAP.481

Summary

Relates to the regulation of certain types of clams.

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Bill Details

See Assembly Version of this Bill:
A6957
Versions:
S5196
Legislative Cycle:
2011-2012
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง13-0325, En Con L

Sponsor Memo

BILL NUMBER:S5196

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the
regulation of certain types of clams

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

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

JUSTIFICATION:
The DEC's regulatory authority over clams 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 interjurisdictional 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 142 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
________________________________________________________________________

                                  5196

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by Sens. ZELDIN, JOHNSON, GRISANTI -- read twice and ordered
  printed, and when printed to be committed to the Committee on Environ-
  mental Conservation

AN ACT to amend the environmental conservation law, in relation  to  the
  regulation of certain types of clams

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

  Section 1. Subdivision 8  of  section  13-0325  of  the  environmental
conservation  law,  as  amended  by  chapter 142 of the laws of 2007, is
amended to read as follows:
  8. The department may, until December 31, [2011] 2014, adopt by  regu-
lation  measures  for  the management of hard clams (Mercenaria mercena-
ria), soft or steamer clams (Mya arenaria), and razor clams (Ensis sp.),
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 and
identification 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 restric-
tive than requirements set forth in this chapter.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06916-01-1

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