NY State Senate Bill 2021-S9007

Senate Bill S9007

2021-2022 Legislative Session

Relates to the authority of the department of environmental conservation to manage marine species

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 03, 2022	referred to environmental conservation

2021-S9007 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd En Con L, generally; amd §6, Chap 305 of 2013

2021-S9007 (ACTIVE) - Summary

Relates to the authority of the department of environmental conservation to manage marine species.

2021-S9007 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9007

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to the
authority of the department of environmental conservation to manage
marine species; and to amend chapter 305 of the laws of 2013 amending
the environmental conservation law relating to the management of Ameri-
can lobster, in relation to the effectiveness thereof

 
PURPOSE OF THE BILL:

The purpose of this bill is to ensure the continued protection and
ethical management of New York's various marine fisheries by enhancing
DEC's ability to maintain compliance with interstate fishery management
restrictions. The bill would remove the sunset provisions from DEC's
statutory authority to regulate seasons, size/catch limits, & taking for
marine species (Atlantic and short nose sturgeon, Atlantic cod, Atlantic
herring, black sea bass, blueback herring, crabs, scup, sharks, special
management areas, squid, fluke, whelk, winter flounder, alewife, Ameri-
can eel, American shad, blackfish, bluefish, clams, oysters, hickory
shad, weakfish, lobster, monkfish, scallops, and striped bass). This

bill also authorizes DEC to adopt regulations for the protection of
marine mammals and sea turtles.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would amend ECL § 11-0303(3) to remove the sunset
for DEC's authority to regulate seasons, size/catch limits, & taking for
striped sea bass.

Section 2 would amend ECL § 11-1303 to remove the sunset for DEC's
authority to regulate seasons, size/catch limits, & taking for all
species of fish.

Section 3 would amend ECL § 13-0323(3) to remove the sunset for DEC's
authority to regulate seasons, size/catch limits, & taking for oysters.

Section 4 would amend ECL § 13-0325(8) to remove the sunset for DEC's
authority to regulate seasons, size/catch limits, & taking for clams.

Section 5 would amend ECL § 13-0327 to remove the sunset for DEC's
authority to regulate seasons, size/catch limits, & taking for scallops.

Section 6 would amend ECL § 13-0329(16) to remove the sunset for DEC's
authority to regulate seasons, size/catch limits, & taking for lobster.

Section 7 would amend Chapter 305 of the laws of 2013 to extend for
another three years DEC's authority to regulate seasons, size/catch
limits, & taking for lobster in ASMFC Area 6.

Section 8 would amend ECL § 13-0330(6) to remove the sunset for DEC's
authority to regulate seasons, size/catch limits, & taking for whelk.

Section 9 would amend ECL § 13-0331(3) to remove the sunset for DEC's
authority to regulate seasons, size/catch limits, & taking for crabs.


Section 10 of this bill would amend ECL § 13-0338(4) to remove the
sunset for DEC's authority to regulate seasons, size/catch limits, &
taking for sharks.

Section 11 of this bill would amend ECL § 13-0339-a(1) to remove the
sunset for DEC's authority to regulate seasons, size/catch limits, &
taking for Atlantic cod, American eel, Atlantic and shortnose sturgeon,
Atlantic herring, American shad, alewife, blueback herring, squid, and
hickory shad.

Section 12 would amend ECL § 13-0340 to remove the sunset for DEC's
authority to regulate seasons, size/catch limits, & taking for bluefish.

Section 13 would amend ECL § 13-0340-a to remove the sunset for DEC's
authority to regulate seasons, size/catch limits, & taking for weakfish.

Section 14 would amend ECL § 13-0340-b to remove the sunset for DEC's
authority to regulate seasons, size/catch limits, & taking for fluke.

Section 15 would amend ECL § 13-0340-c to remove the sunset for DEC's
authority to regulate seasons, size/catch limits, & taking for winter
flounder.

Section 16 would amend ECL § 13-0340-d to remove the sunset for DEC's
authority to regulate seasons, size/catch limits, & taking for blackf-
ish.

Section 17 would amend ECL § 13-0340-e to remove the sunset for DEC's
authority to regulate seasons, size/catch limits, & taking for scup.

Section 18 would amend ECL § 13-0340-f to remove the sunset for DEC's
authority to regulate seasons, size/catch limits, & taking for black sea
bass.

Section 19 would amend ECL § 13-0340-g to remove the sunset for DEC's
authority to regulate seasons, size/catch limits, & taking for monkfish.

Section 20 would amend ECL § 13-0360(3) to remove the sunset for DEC's
authority to regulate seasons, size/catch limits, & taking in special
management areas.

Section 21 of this bill would establish a new Title 9 for the protection
of marine mammals and sea turtles.

Section 22 provides that this bill would take effect immediately.

 
JUSTIFICATION:

DEC's regulatory authority for marine species (Atlantic and short nose
sturgeon, Atlantic cod, Atlantic herring, black sea bass, blueback
herring, crabs, scup, sharks, special management areas, squid, fluke,
whelk, winter flounder, alewife, American eel, American shad, blackfish,
bluefish, clams, oysters, hickory shad, weakfish, lobster, monkfish,
scallops, and striped bass) is necessary in order to protect these fish-
eries for the benefit of those who rely on them for recreational oppor-
tunities and income, and to maintain the sustainability of these fisher-
ies so that they are available for future generations.

This bill would remove the sunset provisions from DEC's regulatory
authority for marine species to 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).

It has been DEC's long-standing position that the primary purpose of
establishing a statutory policy on the regulation of the State's marine
resources is to guide the maintenance of the long-term health and abun-
dance of such resources and their habitats to ensure that these
resources are sustained for future generations to use and to enjoy. This
bill stresses the importance of science in making resource management
decisions and recognizes the importance of commercial opportunities
through aquaculture and protection of the resource through adequate law
enforcement services.

ECL § 13-0105, which sets forth the marine fisheries conservation and
management policy, provides that one of the State's objectives shall be
to ensure that the management of the State's transboundary and migratory
species is consistent with any interjurisdictional management plans,
interstate or state-federal. This goal is particularly critical because
New York's failure to make necessary regulatory changes, as may be
required by an applicable FMP, could result in the complete closure of
New York's fishery for that species. Maintaining regulatory compliance
protects not only the fishery resources, but those who rely on New
York's fisheries for income.

DEC has a robust and thorough administrative process for the management
of these marine species through the Marine Resources Advisory Council
(MRAC). Through MRAC, various interest groups are brought into the proc-
ess and their views are solicited and taken into account in making
management decisions. DEC is required to present draft regulations to
MRAC, and they must prepare comments within 60 days of receipt. In
reviewing draft regulations, MRAC may solicit comments from members of
the regulated community. MRAC then votes on the draft regulations and
provides recommendations, which DEC substantially defers to in final
decision-making on the regulations.  Comments from MRAC are included in
the state register along with the publishing of the proposed regu-
lations. This significant public input allows DEC to develop sound envi-
ronmental conservation and management regulations for several marine
species which are also responsive to stakeholder concerns.

Since the 1980s, this regulatory authority for marine species has been
subject to sunset provisions that required the applicable statutes to be
extended every few years. Statutes granting regulatory authority have
been repeatedly extended by the legislature, almost always unanimously,
for each of the following species: Atlantic and short nose sturgeon,
Atlantic cod, Atlantic herring, black sea bass, blueback herring, crabs,
scup, sharks, special management areas, squid, fluke, whelk, winter
flounder, alewife, American eel, American shad, blackfish, bluefish,
clams, oysters, hickory shad, weakfish, lobster, monkfish, scallops, &
striped bass.

By removing the sunset provisions for DEC's noncontroversial regulatory
authority, the Legislature will ensure that DEC maintains the ability to
comply with fishery management plans. Potential lapses in regulatory
authority may result in the closure of New York State's fishery for
species impacted. Additionally, removal of the sunset provisions will
provide regulatory certainty and consistency for the regulated communi-
ty.

The numbers of marine mammals and sea turtles in NY state waters are
increasing. This is likely due to multiple factors -- local water quali-
ty has increased, creating a healthier ecosystem; a number of species
(like gray seals and humpback whales) have experienced recovery due to
protection under the MMPA; and climate change continues to affect the
distribution of both marine mammal species and their prey. Consequently,
there is an increased potential that these marine mammals and sea
turtles will come in contact with humans. These interactions can nega-
tively impact the animals, including serious injury and/or death. For
example, over the last few years there have been increasing reports of
humans harassing seals that are resting on the beach. Within the past
two years, there have been multiple cases of healthy animals dying as a
result of harassment by humans. As the number of seals continues to
increase in the mid-Atlantic, harassment will continue to be a growing
problem.  Another example of negative human interaction with marine
mammals is boaters that chase and/or operate irresponsibly around
whales.

Marine mammals have federal protection under the Marine Mammal
Protection Act (MMPA). However, NOAA's Office of Law Enforcement (OLE)
has very few staff in this area and cannot respond to all events. Public
outreach and education are important tools that DEC implements. But
stronger protection at the state level is needed to provide rules for
the public to follow and to allow for state enforcement of those rules
when necessary.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S9007 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9007
 
                             I N  S E N A T E
 
                                May 3, 2022
                                ___________
 
 Introduced by Sen. MAY -- (at request of the Department of Environmental
   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
   authority  of  the  department of environmental conservation to manage
   marine species; and to amend chapter 305 of the laws of 2013  amending
   the environmental conservation law relating to the management of Amer-
   ican lobster, in relation to the effectiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3  of  section  11-0303  of  the  environmental
 conservation  law,  as  amended  by  chapter 258 of the laws of 2021, is
 amended to read as follows:
   3. The department may[,  until  December  thirty-first,  two  thousand
 twenty-four,]  fix  by regulation measures for the management of striped
 bass, 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. § 1800 et seq.).
   § 2. Section 11-1303 of the environmental conservation law, as amended
 by chapter 221 of the laws of 2019, is amended to read as follows:
 § 11-1303. Open seasons, size and catch limits and manner of taking fish
              fixed by regulation.
   Notwithstanding any other provision of this  chapter,  the  department
 may[,  until  December  thirty-first,  two  thousand twenty-two,] fix by
 regulation open seasons, size and catch limits and manner of  taking  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13668-02-2
 S. 9007                             2
 
 all species of fish in all waters of the state, except marine fish named
 in subdivisions 2 and 3 of section 13-0339 of this chapter and except to
 the  extent  that such open seasons, size and catch limits and manner of
 taking  are  otherwise  specifically  provided for in article 13 of this
 chapter.
   § 3. Subdivision 3 of section 13-0323 of the  environmental  conserva-
 tion  law,  as amended by chapter 220 of the laws of 2019, is amended to
 read as follows:
   3. The department may[,  until  December  thirty-first,  two  thousand
 twenty-two,]  fix  by  regulation measures for the management of oysters
 (Family Ostreidae) 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 relating to
 transportation, possession and sale, provided that such regulations  are
 no less restrictive than requirements set forth in this chapter.
   §  4.  Subdivision 8 of section 13-0325 of the environmental conserva-
 tion law, as amended by chapter 219 of the laws of 2019, is  amended  to
 read as follows:
   8.  The  department  may[,  until  December thirty-first, two thousand
 twenty-two,] adopt by regulation measures for  the  management  of  hard
 clams (Mercenaria mercenaria), soft or steamer clams (Mya arenaria), and
 razor  clams  (Ensis  sp.),  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.
   § 5. Section 13-0327 of the environmental conservation law, as amended
 by chapter 262 of the laws of 2021, is amended to read as follows:
 § 13-0327. Scallops.
   The  department  may[, until December thirty-first, two thousand twen-
 ty-four,] adopt by regulation measures for the  management  of  scallops
 (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 relating to
 transportation,  possession and sale, provided that such regulations are
 no less restrictive than requirements set forth in this chapter.
   § 6. Subdivision 16 of section 13-0329 of the environmental  conserva-
 tion  law,  as amended by chapter 122 of the laws of 2021, is amended to
 read as follows:
   16. The department may[, until  December  thirty-first,  two  thousand
 twenty-four,]  adopt  regulations  for  Atlantic States Marine Fisheries
 Commission Areas One, Two, Three, Four, Five, and  Outer  Cape  Cod,  to
 implement conservation measures that affect landings of lobsters, pursu-
 ant to the recommendations of the respective Area's Lobster Conservation
 Management  Team  as  required by the Interstate Fishery Management Plan
 for American Lobster adopted by the  Atlantic  States  Marine  Fisheries
 Commission.
   §  7. Section 6 of chapter 305 of the laws of 2013, amending the envi-
 ronmental conservation  law  relating  to  the  management  of  American
 S. 9007                             3
 
 lobster,  as  amended  by chapter 122 of the laws of 2021, is amended to
 read as follows:
   §  6.  This  act shall take effect on the thirtieth day after it shall
 have become a law; provided that subdivision 17 of  section  13-0329  of
 the environmental conservation law, as added by section two of this act,
 shall expire and be deemed repealed December 31, [2024] 2027.
   §  8.  Subdivision 6 of section 13-0330 of the environmental conserva-
 tion law, as amended by section 1 of item P of subpart A of part XXX  of
 chapter 58 of the laws of 2020, is amended to read as follows:
   6.  The  department  may[,  until  December thirty-first, two thousand
 twenty-three,] fix by regulation measures for the management of whelk or
 conch (Busycon and Busycotypus 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. § 1800 et seq.).
   §  9.  Subdivision 7 of section 13-0331 of the environmental conserva-
 tion law, as amended by section 1 of item J of subpart A of part XXX  of
 chapter 58 of the laws of 2020, is amended to read as follows:
   7.  The  department  may[,  until  December thirty-first, two thousand
 twenty-three,] fix by regulation measures for the management of crabs of
 any kind including horseshoe crabs (Limulus sp.), 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  requirements,  require-
 ments  on  the  amount and type of fishing effort and gear, and require-
 ments 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 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. § 1800 et
 seq.).
   § 10. Subdivision 4 of section 13-0338 of the environmental  conserva-
 tion  law, as amended by section 1 of item N of subpart A of part XXX of
 chapter 58 of the laws of 2020, is amended to read as follows:
   4. The department may[,  until  December  thirty-first,  two  thousand
 twenty-three,]  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,  recordkeeping
 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  applicable  fishery
 management plans adopted by the Atlantic States Marine Fisheries Commis-
 sion  and with applicable provisions of fishery management plans adopted
 S. 9007                             4

 pursuant to the Federal Fishery  Conservation  and  Management  Act  (16
 U.S.C. §1800 et seq.).
   §  11. Subdivision 1 of section 13-0339-a of the environmental conser-
 vation law, as amended by chapter 293 of the laws 2011, paragraph  a  as
 amended by section 1 of item F of subpart A of part XXX of chapter 58 of
 the  laws  of 2020, paragraph b as amended by chapter 235 of the laws of
 2019, paragraph c as amended by section 1 of item E of subpart A of part
 XXX of chapter 58 of the laws of 2020, paragraph d as amended by section
 1 of item G of subpart A of part XXX of chapter 58 of the laws of  2020,
 paragraph  e  as amended by chapter 229 of the laws of 2019, paragraph f
 as amended by chapter 230 of the laws of 2019, paragraph g as amended by
 section 1 of item I of subpart A of part XXX of chapter 58 of  the  laws
 of  2020,  paragraph h as amended by section 1 of item O of subpart A of
 part XXX of chapter 58 of the laws of 2020, and paragraph i  as  amended
 by chapter 237 of the laws of 2019, is amended to read as follows:
   1.  The department may fix, by regulation, measures for the management
 of the following species:
   a. Atlantic cod (Gadus morhua) [until December thirty-first, two thou-
 sand twenty-three],
   b. American eel (Anguilla rostrata) [until December thirty-first,  two
 thousand twenty-two],
   c.  Atlantic  and shortnose sturgeon (Acipenser oxyrhynchus and brevi-
 rostrum) [until December thirty-first, two thousand twenty-three],
   d. Atlantic herring (Clupea harengus)  [until  December  thirty-first,
 two thousand twenty-three],
   e. American shad (Alosa sapidissima) [until December thirty-first, two
 thousand twenty-two],
   f.  alewife  (Alosa  pseudoharengus) [until December thirty-first, two
 thousand twenty-two],
   g. blueback herring (Alosa aestivalis) [until  December  thirty-first,
 two thousand twenty-three],
   h.  squid  (cephalopoda)  [until  December  thirty-first, two thousand
 twenty-three], and
   i. hickory shad (Alosa mediocris) [until  December  thirty-first,  two
 thousand twenty-two].
   §  12.  Section  13-0340  of  the  environmental  conservation law, as
 amended by chapter 218 of the laws  of  2019,  is  amended  to  read  as
 follows:
 § 13-0340. Bluefish (Pomatomus saltatrix).
   The  department  may[, until December thirty-first, two thousand twen-
 ty-two,] fix by regulation  measures  for  the  management  of  bluefish
 (Pomatomus  saltatrix),  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 requirements, requirements  on  the  amount  and
 type  of fishing effort and gear, and requirements relating to transpor-
 tation, 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  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. § 1800 et seq.).
   § 13. Section 13-0340-a of  the  environmental  conservation  law,  as
 amended  by  chapter  238  of  the  laws  of 2019, is amended to read as
 follows:
 S. 9007                             5
 
 § 13-0340-a. Weakfish (Cynoscion regalis).
   The  department  may[, until December thirty-first, two thousand twen-
 ty-two,] fix by regulation  measures  for  the  management  of  weakfish
 (Cynoscion regalis), 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 requirements, requirements on the amount and type of fish-
 ing  effort  and  gear,  and  requirements  relating  to transportation,
 possession and sale, provided that such regulations are no less restric-
 tive than requirements set forth in this chapter  and  provided  further
 that such regulations are consistent with the compliance 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. § 1800 et seq.).
   § 14. Section 13-0340-b of  the  environmental  conservation  law,  as
 amended by section 1 of item L of subpart A of part XXX of chapter 58 of
 the laws of 2020, is amended to read as follows:
 § 13-0340-b. Fluke - summer flounder (Paralichthys dentatus).
   The  department  may[, until December thirty-first, two thousand twen-
 ty-three,] fix by regulation measures for the  management  of  fluke  or
 summer  flounder  (Paralichthys  dentatus), 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  requirements,  require-
 ments  on  the  amount and type of fishing effort and gear, and require-
 ments 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 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. § 1800 et
 seq.).
   § 15. Section 13-0340-c of  the  environmental  conservation  law,  as
 amended by section 1 of item Q of subpart A of part XXX of chapter 58 of
 the laws of 2020, is amended to read as follows:
 § 13-0340-c. Winter flounder (Pleuorenectes americanus).
   The  department  may[, until December thirty-first, two thousand twen-
 ty-three,] fix by regulation  measures  for  the  management  of  winter
 flounder  (Pleuorenectes  americanus),  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. § 1800 et seq.).
   § 16. Subdivision 1 of section 13-0340-d of the environmental  conser-
 vation law, as amended by chapter 236 of the laws of 2019, is amended to
 read as follows:
 S. 9007                             6
 
   1.  The  department  may[,  until  December thirty-first, two thousand
 twenty-two,] fix by regulation measures for the management of  blackfish
 (Tautoga  onitis),  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 requirements, requirements on the amount and type of fish-
 ing effort  and  gear,  and  requirements  relating  to  transportation,
 possession and sale, provided that such regulations are no less restric-
 tive  than  requirements  set forth in this chapter and provided further
 that such regulations are consistent with the compliance 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. § 1800 et seq.).
   §  17.  Section  13-0340-e  of  the environmental conservation law, as
 amended by section 1 of item M of subpart A of part XXX of chapter 58 of
 the laws of 2020, is amended to read as follows:
 § 13-0340-e. Scup (Stenotomus chrysops).
   The department may[, until December thirty-first, two  thousand  twen-
 ty-three,] fix by regulation measures for the management of scup (Steno-
 tomus  chrysops),  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 requirements, requirements on the amount and type of fish-
 ing effort  and  gear,  and  requirements  relating  to  transportation,
 possession and sale, provided that such regulations are no less restric-
 tive  than  requirements  set forth in this chapter and provided further
 that such regulations are consistent with the compliance 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. § 1800 et seq.).
   §  18.  Section  13-0340-f  of  the environmental conservation law, as
 amended by section 1 of item H of subpart A of part XXX of chapter 58 of
 the laws of 2020, is amended to read as follows:
 § 13-0340-f. Black sea bass (Centropristis striata).
   The department may[, until December thirty-first, two  thousand  twen-
 ty-three,]  fix  by  regulation measures for the management of black sea
 bass  (Centropristis  striata),  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. § 1800 et seq.).
   § 19. Section 13-0340-g of  the  environmental  conservation  law,  as
 amended  by  chapter  123  of  the  laws  of 2021, is amended to read as
 follows:
 § 13-0340-g. Monkfish  (Lophius  americanus,  Lophius  reticulatus   and
                Lophius gastrophysus).
 S. 9007                             7
 
   The  department  may[, until December thirty-first, two thousand twen-
 ty-four,] fix by regulation measures  for  the  management  of  monkfish
 (Lophius  americanus,  Lophius  reticulatus  and  Lophius gastrophysus),
 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
 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  applicable  fishery
 management plans adopted by the Atlantic States Marine Fisheries Commis-
 sion  and with applicable provisions of fishery management plans adopted
 pursuant to the Federal Fishery  Conservation  and  Management  Act  (16
 U.S.C. § 1800 et seq.).
   §  20. Subdivision 3 of section 13-0360 of the environmental conserva-
 tion law, as amended by section 1 of item K of subpart A of part XXX  of
 chapter 58 of the laws of 2020, is amended to read as follows:
   3. Notwithstanding any other provision of this chapter, the department
 may[,  until  December  thirty-first,  two thousand twenty-three,] adopt
 regulations restricting the taking of fish, shellfish and  crustacea  in
 any  special  management  area designated pursuant to subdivision two of
 this section. Such regulations may restrict  the  manner  of  taking  of
 fish,  shellfish  and  crustacea  in such areas and the landing of fish,
 shellfish and crustacea which have  been  taken  therefrom.  Such  regu-
 lations  shall  be  consistent  with all relevant federal and interstate
 fisheries management plans and with the  marine  fisheries  conservation
 and management policy set forth in section 13-0105 of this article.
   §  21.  Article 13 of the environmental conservation law is amended by
 adding a new title 9 to read as follows:
                                  TITLE 9
               MARINE MAMMALS AND SEA TURTLES PROTECTION ACT
 SECTION 13-0901. SHORT TITLE.
         13-0903. DEFINITIONS.
         13-0905. DEPARTMENT AUTHORITY.
 § 13-0901. SHORT TITLE.
   THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE  "MARINE  MAMMALS  AND
 SEA TURTLES PROTECTION ACT".
 § 13-0903. DEFINITIONS.
   1. FOR PURPOSES OF THIS TITLE, THE FOLLOWING DEFINITIONS SHALL APPLY:
   A.  "MARINE  MAMMAL"  MEANS  ANY  MAMMAL WHICH: (I) IS MORPHOLOGICALLY
 ADAPTED TO THE MARINE ENVIRONMENT (INCLUDING MEMBERS OF THE ORDERS SIRE-
 NIA, PINNIPEDIA AND CETACEA), OR  (II)  PRIMARILY  INHABITS  THE  MARINE
 ENVIRONMENT.
   B.  "SEA  TURTLE"  MEANS  THE  FOLLOWING  SPECIES  OF MARINE REPTILES:
 LOGGERHEAD SEA TURTLE (CARETTA CARETTA), KEMP'S RIDLEY SEA TURTLE (LEPI-
 DOCHELYS KEMPI), GREEN SEA  TURTLE  (CHELONIA  MYDAS),  LEATHERBACK  SEA
 TURTLE  (DERMOCHELYS  CORIACEA)  AND  HAWKSBILL SEA TURTLE (ERETMOCHELYS
 IMBRICATE).
 § 13-0905. DEPARTMENT AUTHORITY.
   THE DEPARTMENT HEREBY IS  AUTHORIZED  TO  ADOPT  REGULATIONS  FOR  THE
 PROTECTION  OF MARINE MAMMALS AND SEA TURTLES, INCLUDING BUT NOT LIMITED
 TO MEASURES TO PREVENT HARASSMENT,  SUCH  AS  RESTRICTIONS  ON  VIEWING,
 FEEDING, AND INTERACTING WITH MARINE MAMMALS AND SEA TURTLES.
   § 22. This act shall take effect immediately.

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