senate Bill S4250

Extends until December 31, 2015, the expiration of the authority of the department of environmental conservation to manage Atlantic and shortnose sturgeon

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Sponsor

Bill Status


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

  • 15 / Mar / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 30 / Apr / 2013
    • 1ST REPORT CAL.464
  • 01 / May / 2013
    • 2ND REPORT CAL.
  • 06 / May / 2013
    • ADVANCED TO THIRD READING
  • 07 / May / 2013
    • SUBSTITUTED BY A6910

Summary

Extends until December 31, 2015, the expiration of the authority of the department of environmental conservation to manage Atlantic and shortnose sturgeon.

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Bill Details

See Assembly Version of this Bill:
A6910
Versions:
S4250
Legislative Cycle:
2013-2014
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0339-a, En Con L

Votes

11
1
11
Aye
1
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Environmental Conservation committee vote details

Sponsor Memo

BILL NUMBER:S4250

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 Atlantic and shortnose sturgeon

Purpose of Bill:

The bill would extend the authority of the Department of Environmental
Conservation (DEC) to manage Atlantic and shortnose sturgeon.

Summary of provisions:

Section 1 of this bill would amend Environmental Conservation Law
(ECL) § 13-0339- a(1)(c) to extend, until December 31, 2015, DEC's
authority to fix by regulation measures for the management of Atlantic
sturgeon (Acipenser oxyrhynchus) and shortnose sturgeon (Acipenser
brevirostrum).

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

Existing law:

ECL § 13-0339-a(1)(c) grants DEC regulatory authority, until December
31. 2013, for the management of Atlantic and shortnose sturgeon.

Statement in support:

This bill would extend DEC's regulatory authority concerning the
management of Atlantic and shortnose sturgeon for an additional four
years, and ensure that DEC continues to be able to maintain compliance
with any applicable federal management plan or Interstate Fishery
Management Plan (FMP) adopted by the Atlantic States Marine Fisheries
Commission (ASMFC).

Both species of sturgeon are protected under the federal Endangered
Species Act (ESA). Atlantic sturgeon is managed pursuant to the
Interstate Fishery Management Plan for Atlantic Sturgeon adopted by

ASMFC. Because of the reduction of Atlantic sturgeon, a 1998 amendment
to the FMP initially required closure of all states' Atlantic sturgeon
fisheries. in 2012, the National Marine Fisheries Service listed the
sub-species of Atlantic sturgeon located in New York waters as
"endangered" pursuant to the ES, thus prohibiting the taking of any
such sturgeon without a permit. The shortnose sturgeon was listed as
endangered throughout its range on March 11, 1967 under the Endangered
Species Preservation Act of 1966 (a predecessor to the ESA). It is
also listed as endangered in New York State as endangered pursuant to
ECL § 11- 0535. The extension of authority at issue in the bill would
provide DEC with continued management over these threatened species.

Legislative history:

ECL § 13-1339-a was added by Chapter 196 of the Laws of 1999. This
authority was last extended by Chapter 295 of the Laws of 2011.


Budget implications:

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
________________________________________________________________________

                                  4250

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 15, 2013
                               ___________

Introduced  by Sen. MARTINS -- (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 Atlantic and shortnose sturgeon

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

  Section 1. Paragraph c of subdivision 1 of section  13-0339-a  of  the
environmental conservation law, as amended by chapter 295 of the laws of
2011, is amended to read as follows:
  c.  Atlantic  and shortnose sturgeon (Acipenser oxyrhynchus and brevi-
rostrum) until December thirty-first, two thousand [thirteen] FIFTEEN,
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08948-02-3

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