senate Bill S4367

Amended

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

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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

  • 22 / Mar / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 30 / Apr / 2013
    • 1ST REPORT CAL.466
  • 01 / May / 2013
    • 2ND REPORT CAL.
  • 06 / May / 2013
    • ADVANCED TO THIRD READING
  • 07 / May / 2013
    • PASSED SENATE
  • 07 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 07 / May / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 20 / May / 2013
    • RECALLED FROM ASSEMBLY
  • 20 / May / 2013
    • RETURNED TO SENATE
  • 20 / May / 2013
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 20 / May / 2013
    • AMENDED ON THIRD READING 4367A
  • 18 / Jun / 2013
    • SUBSTITUTED BY A7411

Summary

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

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Bill Details

Versions:
S4367
S4367A
Legislative Cycle:
2013-2014
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0338, En Con L

Sponsor Memo

BILL NUMBER:S4367

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

Purpose of Bill: The bill would extend the authority of the
Department of Environmental Conservation (DEC) to manage sharks and
make technical changes to the definition of "shark."

Summary of provisions:

Section 1 of this bill would amend Environmental Conservation Law
(ECL) § 13-0338(1) to make technical corrections to the definition of
"shark."

Section 2 of this bill would amend ECL § 13-0338(4) to extend, until
December 31, 2015, DEC's authority to fix by regulation measures for
the management of sharks.

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

Existing law: ECL § 13-0338 grants DEC regulatory authority until
December 31, 2013 over the management of sharks, and defines the term
"shark" as any species of the order Squaliformes except those in the
suborder Batoidei.

Prior Legislative history: DEC was first provided with regulatory
authority to manage sharks in Chapter 231 of the Laws of 1992. Such
authority was last extended by Chapter 428 of the Laws of 2011. The
definition of shark was last amended by Chapter 308 of 1999.

Statement in support: ECL § 13-0105 establishes that the State's
marine fisheries conservation and management policy shall be
consistent with any inter-jurisdictional, interstate or state-federal
management plans. This bill would extend DEC's regulatory authority
concerning the management of sharks for an additional four years to
ensure that DEC continues to be able to maintain compliance with both
the Interstate Fishery Management Plan (FMP) for Atlantic Coastal
Sharks and the FMP for Spiny Dogfish adopted by the Atlantic States
Marine Fisheries Commission. Failure to make necessary regulatory
changes as may be required by the FMPs could result in the closure of
New York's shark fisheries.

This bill would also clarify the definition of sharks. The existing
definition of "shark" grants DEC the authority to regulate dogfish
only. This amendment would authorize DEC to regulate all species of
shark, while continuing to exclude skates, rays and torpedoes.

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
________________________________________________________________________

                                  4367

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 22, 2013
                               ___________

Introduced  by  Sen.  BOYLE -- (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 the
  definition of shark and extending the authority of the  department  of
  environmental conservation to manage sharks

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

  Section 1. Paragraph a of subdivision 1  of  section  13-0338  of  the
environmental conservation law, as amended by chapter 308 of the laws of
1999, is amended to read as follows:
  a.  "Shark"  means  any  species  of the [order Squaliformes] SUBCLASS
ELASMOBRANCHII except species in the [suborder Batoidea] ORDER BATOIDEI,
and
  S 2. Subdivision 4 of section 13-0338 of the  environmental  conserva-
tion  law,  as amended by chapter 428 of the laws of 2011, is amended to
read as follows:
  4. The department  may,  until  December  thirty-first,  two  thousand
[thirteen]  FIFTEEN,  fix  by  regulation measures for the management of
sharks, 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,  recordkeep-
ing  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. S1800 et seq.).
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08947-02-3

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