Senate Bill S7235A

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

                                 7235--A

                            I N  S E N A T E

                             March 24, 2010
                               ___________

Introduced by Sens. O. JOHNSON, FOLEY -- read twice and ordered printed,
  and  when  printed  to  be committed to the Committee on Environmental
  Conservation -- committee discharged, bill amended, ordered  reprinted
  as amended and recommitted to said committee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  establishing the seagrass protection act

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

  Section 1. Article 13 of the environmental conservation law is amended
by adding a new title 7 to read as follows:
                                  TITLE 7
                         SEAGRASS PROTECTION ACT
SECTION 13-0701. SHORT TITLE.
        13-0703. DEFINITIONS.
        13-0705. DEPARTMENTAL RESPONSIBILITIES.
        13-0707. FERTILIZER REDUCTION IN COASTAL COMMUNITIES.
S 13-0701. SHORT TITLE.
  THIS  ACT  SHALL  BE KNOWN AND MAY BE CITED AS THE SEAGRASS PROTECTION
ACT.
S 13-0703. DEFINITIONS.
  1. "COASTAL COMMUNITY" SHALL MEAN A MUNICIPAL CORPORATION, AS  DEFINED
IN SECTION TWO OF THE GENERAL MUNICIPAL LAW, IN NASSAU AND SUFFOLK COUN-
TIES.
  2.  "FERTILIZER" SHALL MEAN A COMMERCIAL FERTILIZER DISTRIBUTED PRIMA-
RILY FOR NON-FARM USE, SUCH AS HOME GARDENS, LAWNS, SHRUBBERY,  FLOWERS,
MUNICIPAL GOLF COURSES AND MUNICIPAL PARKS.
  3.  "SEAGRASS"  SHALL  MEAN  ROOTED, VASCULAR, FLOWERING MARINE PLANTS
THAT ARE SUBMERGED IN NEW YORK'S  BAYS  AND  COASTAL  WATERS,  INCLUDING
ZOSTERA MARINA AND RUPPIA MARITIME.
S 13-0705. DEPARTMENTAL RESPONSIBILITIES.
  1.  THE  DEPARTMENT  SHALL HAVE THE AUTHORITY TO ADOPT RULES AND REGU-
LATIONS TO REGULATE COASTAL AND MARINE ACTIVITIES THAT THREATEN SEAGRASS
BEDS OR SEAGRASS RESTORATION EFFORTS, INCLUDING THE DESIGNATION OF SEAG-
RASS MANAGEMENT AREAS PURSUANT TO SEAGRASS  MANAGEMENT  PLANS.    DESIG-

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

                                                           LBD16347-03-0

S. 7235--A                          2

NATION  OF  SUCH  AREAS  SHALL INCLUDE CONSIDERATION, ON A GEOGRAPHIC OR
ESTUARINE BASIS, OF LIKELY THREATS TO SEAGRASS.
  2.  FOR EACH DESIGNATED SEAGRASS MANAGEMENT AREA, THE DEPARTMENT SHALL
DEVELOP AND ADOPT A SEAGRASS MANAGEMENT PLAN TO GUIDE THE DEVELOPMENT OF
RULES AND REGULATIONS PURSUANT TO SUBDIVISION ONE OF THIS SECTION.  SUCH
PLAN SHALL BE  DEVELOPED  AFTER  CONSULTATION  WITH  LOCAL  GOVERNMENTS,
REPRESENTATIVES  OF RECREATIONAL BOATING INTERESTS, THE MARINE INDUSTRY,
AFFECTED PROPERTY OWNERS AND OTHER STAKEHOLDERS, SO  AS  TO  EFFECTIVELY
MANAGE  AND  PROTECT  SEAGRASS BEDS AND SEAGRASS RESTORATION EFFORTS. IN
ADDITION, SEAGRASS MANAGEMENT PLANS SHALL SEEK TO  PRESERVE  TRADITIONAL
RECREATIONAL ACTIVITIES, INCLUDING RECREATIONAL BOATING AND MARINA OPER-
ATIONS,  AS  WELL AS FINFISHING, SHELLFISHING AND TOURISM WHILE ENSURING
SUCH ACTIVITIES DO NOT THREATEN SEAGRASS BEDS OR NEGATE SEAGRASS  RESTO-
RATION EFFORTS.
  3.  THE  DEPARTMENT  SHALL  HAVE  THE AUTHORITY TO RESTRICT THE USE OF
MECHANICAL-POWERED FISHING OR SHELLFISHING GEAR WHICH MAY  IMPACT  SEAG-
RASS BEDS, INCLUDING CHURNING, DREDGES, RAKES AND TONGS.
  4.  THE  DEPARTMENT  SHALL IDENTIFY PESTICIDES AND HERBICIDES THAT ARE
TOXIC TO SEAGRASS AND MAKE RECOMMENDATIONS CONCERNING RESTRICTING  THEIR
USE IN COASTAL AREAS.
  5.  THE DEPARTMENT SHALL MAKE INFORMATION CONCERNING THE IMPORTANCE OF
SEAGRASS PROTECTION AND  THE  STATUS  OF  SEAGRASS  RESTORATION  EFFORTS
AVAILABLE ON THE DEPARTMENT WEBSITE.
S 13-0707. FERTILIZER REDUCTION IN COASTAL COMMUNITIES.
  1. A PERSON IN A COASTAL COMMUNITY MAY NOT APPLY A FERTILIZER CONTAIN-
ING  THE PLANT NUTRIENT PHOSPHORUS AFTER NOVEMBER FIRST AND BEFORE APRIL
FIRST.
  2. ANY LOCAL LAW OR ORDINANCE OF ANY COUNTY, OR OF  ANY  CITY  WITH  A
POPULATION  OF  ONE  MILLION  OR  MORE,  WHICH  IS INCONSISTENT WITH THE
PROVISIONS OF THIS TITLE SHALL NOT BE PREEMPTED IF  SUCH  LOCAL  LAW  OR
ORDINANCE PROVIDES ENVIRONMENTAL PROTECTION EQUAL TO OR GREATER THAN THE
PROVISIONS OF THIS TITLE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.