senate Bill S4220

Signed by Governor

Authorizes DEC to manage whelk and conch

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Sponsor

Bill Status


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

  • 14 / Mar / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 16 / Apr / 2013
    • 1ST REPORT CAL.289
  • 17 / Apr / 2013
    • 2ND REPORT CAL.
  • 22 / Apr / 2013
    • ADVANCED TO THIRD READING
  • 23 / Apr / 2013
    • PASSED SENATE
  • 23 / Apr / 2013
    • DELIVERED TO ASSEMBLY
  • 24 / Apr / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 07 / May / 2013
    • SUBSTITUTED FOR A6905
  • 07 / May / 2013
    • ORDERED TO THIRD READING CAL.277
  • 07 / May / 2013
    • PASSED ASSEMBLY
  • 07 / May / 2013
    • RETURNED TO SENATE
  • 10 / May / 2013
    • DELIVERED TO GOVERNOR
  • 22 / May / 2013
    • SIGNED CHAP.40

Summary

Extends authorization to DEC to manage whelk and conch.

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Bill Details

See Assembly Version of this Bill:
A6905
Versions:
S4220
Legislative Cycle:
2013-2014
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0330, En Con L

Sponsor Memo

BILL NUMBER:S4220

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to extending the authority of the department of environmental
conservation to manage whelk and conch

Purpose:

The bill would extend the authority of the Department of Environmental
Conservation (DEC) to manage whelk and conch.

Summary of provisions:

Section 1 of the bill would amend Environmental Conservation Law (ECL)
§ 13-0330(6) § 13-0330(6) to extend, until December 31, 2015, the
authority of DEC to fix by regulation measures for the management of
whelk and conch.

Section 2 of the bill provides that the bill would take effect
immediately.

Existing law:

ECL § 13-0330 grants DEC regulatory authority, until December 31,
2013, for the management of whelk.

Statement in support:

The depletion of the lobster population in Long Island has resulted in
a sharp increase in the demand for whelk and conch licenses, as well
as an increase in the taking of other carnivorous snails, including
moon snails. This increase has raised concerns with regard to the
stability of the population of carnivorous snails. A recent Long
Island Sound Trawl Survey conducted by the Connecticut Department of
Energy and Environmental Protection shows a decrease in the weight of
conch in the Long Island Sound which, in turn, indicates that the
species is currently being over-harvested. Extending DEC's authority
to regulate whelk and conch is essential to maintaining the population
and ensuring a robust number for future harvests.

Prior Legislative history:

DEC's regulatory authority to manage whelk was last extended by
Chapter 420 of the Laws of 2011.

Budget implications: None.

Local Impact: None

Effective Date: The bill would take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4220

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 14, 2013
                               ___________

Introduced  by  Sen. ZELDIN -- (at request of the Department of Environ-
  mental Conservation) -- 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
  extending the authority of the department of  environmental  conserva-
  tion to manage whelk and conch

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

  Section 1. Subdivision 6  of  section  13-0330  of  the  environmental
conservation  law,  as  amended  by  chapter 420 of the laws of 2011, is
amended to read as follows:
  6. The department  may,  until  December  thirty-first,  two  thousand
[thirteen]  FIFTEEN,  fix  by  regulation measures for the management of
whelk  or  conch  (Busycon  spp.),  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 eligi-
bility therefor, recordkeeping requirements, requirements on the  amount
and type of fishing effort and gear, and requirements relating to trans-
portation,  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 compli-
ance 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.
                                                           LBD08958-02-3

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