senate Bill S4221

Signed by Governor

Extends the authority of the department of environmental conservation to manage scallops

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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.290
  • 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 A6904
  • 07 / May / 2013
    • ORDERED TO THIRD READING CAL.276
  • 07 / May / 2013
    • PASSED ASSEMBLY
  • 07 / May / 2013
    • RETURNED TO SENATE
  • 10 / May / 2013
    • DELIVERED TO GOVERNOR
  • 22 / May / 2013
    • SIGNED CHAP.41

Summary

Extends the authority of the department of environmental conservation to manage scallops.

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Bill Details

See Assembly Version of this Bill:
A6904
Versions:
S4221
Legislative Cycle:
2013-2014
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§13-0327 & 71-0921, En Con L

Sponsor Memo

BILL NUMBER:S4221

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 scallops

Purpose of Bill:

This bill would to extend the authority of the Department of
Environmental Conservation (DEC) to manage scallops and to making
conforming changes to the penalty provisions related to such
authority.

Summary of provisions:

Section 1 of the bill would amend Environmental Conservation Law (ECL)
§ 13-0327 to extend, until December 31, 2015, DEC's authority to fix
by regulation measures for the management of scallops (Family
Pectinidae).

Section 2 of the bill would amend ECL § 71-0921(4)(a)(9) to clarify
that the penalty provided is for any violation of regulations related
to the taking of undersized bay scallops as promulgated under ECL
13-0327.

Section 3 of the bill provides that the bill would take effect
immediately.

Existing law:

ECL § 13-0327 grants DEC regulatory authority over scallops until
December 31, 2013. Prior Legislative History DEC's regulatory
authority to manage scallops was established in 2005 and last extended
by Chapter 427 of the Laws of 2011.

Statement in support:

This bill is necessary to preserve DEC's existing regulatory authority
over scallops. The existing program regulates management measures
associated with, among other things, legal size, possession and catch
limits, open season dates, gear restrictions, and restrictions on
sale.

New York's bay scallop resource is primarily located in the waters of
Peconic and Gardiners Bays on the eastern end of Long Island. Bay
scallop populations have experienced a significant decline since 1985
due to the occurrence and repeated blooms of an unusual alga, A
ureococcus anaphageffrens, also known as brown tide in the east end
bays of the Peconics. Accordingly, failure to extend this authority
would likely result in the uncontrolled harvest of bay scallops of any
size which are presently at very low population levels and would not
be protective of the resource and shellfish industry. Additionally,
this regulatory authority provides DEC with the flexibility to respond
to biological and environmental events such as brown tide that have a
significant impact on the viability of the bay scallop resource.


This bill also clarifies that penalties provided in the law are
applicable to violations of regulations related to the taking of
undersized bay scallops. When DEC was granted regulatory authority for
the oversight of scallops, the penalty provisions were not adjusted
and the law currently refers to a provision of law which no longer
exists.

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
________________________________________________________________________

                                  4221

                       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 scallops

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

  Section 1. Section 13-0327 of the environmental conservation  law,  as
amended  by  chapter  427  of  the  laws  of 2011, is amended to read as
follows:
S 13-0327. Scallops; prohibited acts.
  The department may, until December thirty-first, two  thousand  [thir-
teen]  FIFTEEN, adopt by regulation measures for the management of scal-
lops (Family Pectinidae) 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 relat-
ing to transportation, possession and sale,  provided  that  such  regu-
lations  are  no  less  restrictive  than requirements set forth in this
chapter.
  S 2. Subparagraph 9 of paragraph a of subdivision 4 and subparagraph 5
of paragraph a of subdivision 5 of section 71-0921 of the  environmental
conservation  law,  as  added  by  chapter  417 of the laws of 1996, are
amended to read as follows:
  (9) [subdivision two of] REGULATIONS  PROMULGATED  BY  THE  DEPARTMENT
PURSUANT  TO  section  13-0327  of this chapter, regarding the taking of
undersized scallops, where the taking  involves  more  than  twenty-four
percentum of scallops of less than legal size; and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08952-02-3

S. 4221                             2

  (5)  [subdivision  two  of]  REGULATIONS PROMULGATED BY THE DEPARTMENT
PURSUANT TO section 13-0327 of this chapter,  regarding  the  taking  of
undersized  scallops,  where the taking involves between ten and twenty-
four percentum of scallops of less than legal size.
  S 3. This act shall take effect immediately.

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