NY State Senate Bill 2009-S4414

Senate Bill S4414

2009-2010 Legislative Session

Prohibits the department of environmental conservation from establishing areas closed to fishing absent specific criteria for such closure; sets forth criteria

download bill text pdf

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to environmental conservation
Apr 23, 2009	referred to environmental conservation

2009-S4414 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §11-0304, En Con L

2009-S4414 (ACTIVE) - Summary

Prohibits the department of environmental conservation, as part of any statewide plan for fisheries management, from establishing areas closed to fishing without a prior determination that fishing is the cause of the conservation problem; requires regulations related to any such closure to provide for periodic review based on measurable conservation criteria, limit the size of the closed area, and provide for reopening such closed area whenever it is determined that the reason for the closure no longer exists.

2009-S4414 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4414

 TITLE OF BILL :
An act to amend the environmental conservation law, in relation to
prohibiting the establishment of areas closed to fishing absent
specific criteria for such closure


 PURPOSE :
To prohibit the department of environmental conservation from
establishing areas closed to fishing absent specific criteria for such
closure.

 SUMMARY OF PROVISIONS :
Section 1 of the bill adds a new section 11-0304 to the environmental
conservation law which would prohibit the DEC from creating closed
fishing areas unless:  (a) There is a clear indication that fishing is
the cause of a specific conservation problem and less severe
conservation measures will not adequately provide for conservation of
the affected fish stocks;
(b) Regulations are adopted that require specific measurable criteria
to determine the conservation benefit of the closed area and a
requirement that the effectiveness of the restriction be reviewed
every three years;
(c) The area closed is no larger than what is required as proven by
scientific data; and

(d) Provision is made to reopen the area when the closure is no longer
needed.

In addition, areas currently closed by law, rule or regulation will
not be preempted by this new section.

 EXISTING LAW :
None.

 JUSTIFICATION :
Recreational and commercial fishing make a substantial contribution to
the local and state economies in New York and our residents' quality
of life. As such, it should be the policy of this state to protect and
promote fishing opportunities and access to the maximum extent
possible without causing harm to the marine environment. This
legislation would ensure that both the interest of the fishing public
and the marine environment are adequately protected.

 LEGISLATIVE HISTORY :
None.

 FISCAL IMPLICATIONS :
Preservation of current economic impact of commercial and recreational
fishing in New York.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided, however, that the commissioner of
environmental conservation is authorized and directed to promulgate,
on or before such effective date, any and all rules and regulations
and take any other measures necessary to implement the provisions of
this act on its effective date.

2009-S4414 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4414

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 23, 2009
                               ___________

Introduced  by  Sen.  O. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  prohibiting  the  establishment  of  areas  closed  to  fishing absent
  specific criteria for such closure

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

  Section  1.  The environmental conservation law is amended by adding a
new section 11-0304 to read as follows:
S 11-0304. FREEDOM TO FISH.
  1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  THE  DEPARTMENT  SHALL
NOT,  AS  PART  OF  ANY STATEWIDE PLAN FOR FISHERIES MANAGEMENT, DEVELOP
PLANS OR CARRY OUT PROGRAMS AND PROCEDURES WHICH ESTABLISH AREAS  CLOSED
TO FISHING UNLESS:
  (A)  THERE  IS  A  CLEAR  INDICATION THAT FISHERMEN ARE THE CAUSE OF A
SPECIFIC CONSERVATION PROBLEM AND THAT LESS  SEVERE  CONSERVATION  MEAS-
URES, SUCH AS GEAR RESTRICTIONS, QUOTAS, MINIMUM SIZE LIMITS, POSSESSION
LIMITS  OR  CLOSED SEASONS, WILL NOT ADEQUATELY PROVIDE FOR CONSERVATION
AND MANAGEMENT OF THE AFFECTED STOCKS OF FISH;
  (B) REGULATIONS ESTABLISHING ANY SUCH CLOSED  AREA,  INCLUDE  SPECIFIC
MEASURABLE  CRITERIA TO DETERMINE THE CONSERVATION BENEFIT OF THE CLOSED
AREA ON THE AFFECTED STOCKS OF FISH AND PROVIDES  FOR  REVIEW  AT  LEAST
ONCE EVERY THREE YEARS OF THE CONTINUED NEED FOR THE CLOSED AREA;
  (C)  THE  CLOSED AREA IS NO LARGER THAN THAT WHICH IS SUPPORTED BY THE
BEST AVAILABLE SCIENTIFIC INFORMATION; OR
  (D) PROVISION IS MADE TO REOPEN THE CLOSED AREA  TO  FISHING  WHENEVER
THE CONDITIONS, DESIGNATED IN PARAGRAPHS (A), (B) AND (C) OF THIS SUBDI-
VISION WHICH FORMED THE BASIS FOR THE CLOSURE, NO LONGER EXIST.
  2.  NO PROVISION OF THIS SECTION SHALL BE DEEMED TO PREEMPT, OVERTURN,
AFFECT OR CHANGE ANY OTHER LAW, RULE OR REGULATION PERTAINING TO FISHING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10956-01-9

S. 4414                             2

IN MARINE WATERS, WHICH IS IN EFFECT  ON  THE  EFFECTIVE  DATE  OF  THIS
SECTION.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall have become a law; provided, however, that the commissioner of
environmental conservation is authorized and directed to promulgate,  on
or  before  such  effective  date, any and all rules and regulations and
take any other measures necessary to implement the  provisions  of  this
act on its effective date.

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