senate Bill S4367A

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

See Assembly Version of this Bill:
A7411
Versions:
S4367
S4367A
Legislative Cycle:
2013-2014
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0338, En Con L

Sponsor Memo

BILL NUMBER:S4367A

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

Section 2 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.

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.

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--A
    Cal. No. 466

                       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
  -- reported favorably from said committee, ordered to first and second
  report,  ordered to a third reading, passed by Senate and delivered to
  the Assembly, recalled, vote reconsidered, restored to third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  extending  the  authority of the department of environmental conserva-
  tion to manage sharks

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

  Section  1.  Subdivision  4  of  section  13-0338 of the environmental
conservation 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 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08947-04-3

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