NY State Senate Bill 2021-S9303

Senate Bill S9303

Signed By Governor

2021-2022 Legislative Session

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

download bill text pdf

Archive: Last Bill Status Via A10161 - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 30, 2022	signed chap.297
Jun 22, 2022	delivered to governor
May 24, 2022	returned to assembly passed senate 3rd reading cal.1471 substituted for s9303
May 24, 2022	substituted by a10161
May 23, 2022	ordered to third reading cal.1471 committee discharged and committed to rules
May 13, 2022	referred to environmental conservation

Votes

- May 24, 2022 - Floor Vote
  A10161
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 24, 2022
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      excused (2)
      
      Brooks
      
      Sanders Jr.
  May 23, 2022 - Rules Committee Vote
  S9303
  
  21
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 23, 2022
      
      aye (21)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Ritchie
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins

2021-S9303 (ACTIVE) - Details

See Assembly Version of this Bill:: A10161
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §13-0340-d, En Con L
Versions Introduced in 2019-2020 Legislative Session:: S6387, A8045

2021-S9303 (ACTIVE) - Summary

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

2021-S9303 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9303

SPONSOR: THOMAS
 
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 blackfish

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to extend the authority of the Department of
Environmental Conservation (DEC) to manage blackfish.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would amend Environmental Conservation Law (ECL)
§ 130340-d to extend, until December 31, 2025, DEC's authority to fix by
regulation measures for the management of blackfish (Tautoga onitis).

Section 2 of this bill provides that the bill shall take effect imme-
diately.

 
JUSTIFICATION:

DEC's regulatory authority for blackfish, or tautog, is necessary in
order to preserve the current regulatory program. Failure to extend the
existing regulatory authority by December 31, 2022 will result in the
loss of regulatory protection for blackfish.

This bill would extend DEC's regulatory authority for an additional
three years, and ensure that DEC continues to maintain compliance with
the Fishery Management Plan for Tautog (FMP) adopted by the Atlantic
States Marine Fisheries Commission. ECL § 13-0105, which sets forth the
marine fisheries conservation and management policy, provides that one
of the State's objectives shall be the management of the State's trans-
boundary and migratory species consistent with any inter-jurisdictional
management plans, interstate or state-federal. Moreover, failure to make
necessary regulatory changes as may be required by the FMP could result
in the closure of New York's blackfish fishery.

In 2018, DEC issued updated management regulations to assist in the
rebuilding of blackfish populations. DEC had to substantially shorten
the recreational and commercial fishing seasons and decrease the recre-
ational possession limit in some areas. The regulatory authority
provided by ECL § 13-0340-d allowed DEC to timely adopt measures needed
to comply with changes to the FMP.

 
PRIOR LEGISLATIVE HISTORY:

Chapter 236 of the Laws of 2019.

Chapter 140 of the Laws of 2016.

Chapter 162 of the Laws of 2014.

Chapter 88 of the Laws of 2011.

 
BUDGET IMPLICATIONS:
None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S9303 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9303
 
                             I N  S E N A T E
 
                               May 13, 2022
                                ___________
 
 Introduced  by  Sen.  THOMAS -- 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 blackfish
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of section 13-0340-d of the environmental
 conservation law, as amended by chapter 236 of  the  laws  of  2019,  is
 amended to read as follows:
   1.  The  department  may,  until  December  thirty-first, two thousand
 [twenty-two] TWENTY-FIVE, 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 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.).
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15572-01-2

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