| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 06, 2010 |
referred to environmental conservation |
| Apr 23, 2009 |
referred to environmental conservation |
Senate Bill S4414
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee
Actions
2009-S4414 (ACTIVE) - Details
- Current Committee:
- Senate Environmental Conservation
- Law Section:
- Environmental Conservation Law
- Laws Affected:
- Add ยง11-0304, 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
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
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