Senate Bill S4279

2011-2012 Legislative Session

Extends the authority of the department of environmental conservation to manage various aquatic species

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Archive: Last Bill Status - Stricken

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 30, 2012	recommit, enacting clause stricken
Jan 04, 2012	referred to environmental conservation
Mar 25, 2011	referred to environmental conservation

2011-S4279 (ACTIVE) - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Amd En Con L, generally

2011-S4279 (ACTIVE) - Summary

Extends the authority of the department of environmental conservation to manage various aquatic species.

2011-S4279 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4279

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 various aquatic species

PURPOSE OF BILL:

This  bill would extend the authority of the Department of Environmental
Conservation (DEC) to adopt regulations to manage fish other than marine
fish, striped bass,  oysters,  clams,  scallops,  lobsters,  whelks  (or
conchs),  sharks,  bluefish,  weakfish,  fluke (summer flounder), winter
flounder, blackfish, scup, black sea bass, and monkfish.  It would  also
continue  DEC's authority to regulate the taking of fish, shellfish, and
crustacea in Special Management Areas.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend Environmental Conservation Law (ECL)
111303 to extend, until December 31,2015,  DEC's  authority  to  fix  by
regulation  measures  for  the  management offish, except marine species
regulated under ECL Article 13.

Section 2 of the bill would amend ECL  §  11-0303(3)  to  extend,  until

December 31, 2015, DEC's authority to fix by regulation measures for the
management of striped bass.

Section  3  of  the  bill  would amend ECL § 13-0323(3) to extend, until
December 31, 2015, DEC's authority to fix by regulation measures for the
management of oysters.

Section 4 of the bill would amend ECL  §  13-0325(8)  to  extend,  until
December 31, 2015, DEC's authority to fix by regulation measures for the
management of hard clams, soft or steamer clams, and razor clams.

Section  5 of the bill would amend ECL § 13-0327 to extend, until Decem-
ber 31, 2015, DEC's authority to fix  by  regulation  measures  for  the
management of scallops.

Section  6  of  the  bill would amend ECL § 13-0329(16) to extend, until
December 31, 2015, DEC's authority to  adopt  regulations  for  Atlantic
States  Marine Fisheries Commission (ASMFC) Areas One, Two, Three, Four,
Five, and Outer Cape Cod to implement conservation measures that  affect
take,  possession  and landings of lobsters, pursuant to the recommenda-
tions of the respective Area's Lobster Conservation Management Team.

Section 7 of the bill would amend ECL  §  13-0330(6)  to  extend,  until
December 31, 2015, DEC's authority to fix by regulation measures for the
management of whelks or conchs.

Section  8 of the bill would amend ECL § 13-0340 to extend, until Decem-
ber 31, 2015, DEC's authority to fix  by  regulation  measures  for  the
management of bluefish.

Section  9  of  the  bill  would  amend ECL § 13-0340-a to extend, until
December 31, 2015, DEC's authority to fix by regulation measures for the
management of weakfish.

Section 10 of the bill would amend ECL  §  13-0340-b  to  extend,  until
December 31, 2015, DEC's authority to fix by regulation measures for the
management of flukesummer flounder.

Section  11  of  the  bill  would  amend ECL § 13-0340-c to extend until
December 31, 2015, DEC's authority to fix by regulation measures for the
management of winter flounder.

Section 12 of the bill would amend ECL  §  13-0340-e  to  extend,  until
December 31, 2015, DEC's authority to fix by regulation measures for the
management of scup.

Section  13  of  the  bill  would amend ECL § 13-0340-f to extend, until
December 31, 2015, DEC's authority to fix by regulation measures for the
management of black sea bass.

Section 14 of the bill would amend ECL  §  13-0340-g  to  extend,  until
December 31, 2015, DEC's authority to fix by regulation measures for the
management of monkfish.

Section  15  of the bill would amend ECL § 13-0340-d(1) to extend, until
December 31, 2015, DEC's authority to fix by regulation measures for the
management of black fish.

Section 16 of the bill would amend ECL §  13-0360(3)  to  extend,  until
December  31, 2015, DEC's authority to adopt regulations restricting the
taking offish,  shellfish,  and  crustacea  in  any  designated  Special
Management Area.

Section 17 of the bill would amend ECL § 13-0338 to extend, until Decem-
ber  31,  2015,  DEC's  authority  to fix by regulation measures for the
management of sharks.

Section 18 of the bill would provide for an immediate effective date.

EXISTING LAW:

ECL   §§   11-1303,   11-0303(3),   13-0323(3),   13-0325(8),   13-0327,
13-0329(16),   13-0330(6),  13-0340,  13-0340-a,  13-0340-b,  13-0340-c,
13-0340-e, 13-0340-f, 13-0340-g, 13-0340-d(1) and 13-0338 each grant DEC
regulatory authority to manage certain  fish  or  marine  species  until
December  31, 2011. ECL § 13-0360(3) grants DEC regulatory authority for
Special Management Areas until December 31, 2011.

PRIOR LEGISLATIVE HISTORY:

DEC's  regulatory  authority to mange fish, except marine fish, was last
extended by Chapter 256 of the Laws of 2007. DEC's regulatory  authority
to  manage  striped bass was last extended by Chapter 150 of the Laws of
2007. DEC's regulatory authority to manage oysters was last extended  by
Chapter  144  of  the Laws of 2007. DEC's regulatory authority to manage
clams was last extended by Chapter 142 of the Laws of 2007. DEC's  regu-
latory  authority to manage scallops was last extended by Chapter 148 of
the Laws of 2007. DEC's regulatory authority to manage lobsters in ASMFC
Areas One, Two, Three, Four, Five and Outer Cape Cod was  last  extended
by Chapter 366 of the Laws of 2007. DEC's regulatory authority to manage
whelk  was last extended by Chapter 143 of the Laws of 2007. DEC's regu-
latory authority  to  manage  bluefish,  weakfish  and  fluke  was  last
extended  by Chapter 152 of the Laws of 2007. DEC's regulatory authority
to mange winter flounder, scup and sea bass was last extended by Chapter
145 of the Laws of 2007. DEC's regulatory authority to  manage  monkfish
was  last  extended by Chapter 139 of the Laws of 2007. DEC's regulatory
authority to manage blackfish was last extended by Chapter  147  of  the
Laws  of  2007.  DEC's regulatory authority for Special Management Areas
was last extended by Chapter 151 of the Laws of2007.   DEC's  regulatory
authority  to manage sharks was last extended by Chapter 141 of the Laws
of 2007.

STATEMENT IN SUPPORT:

DEC's authority to regulate fish and  marine  species  is  necessary  in
order to preserve current management programs that are designed to main-
tain  a  sustainable  fishery  for  these species. Failure to extend the
existing regulatory authority for any of these species by  December  31,
2011 will result in the loss of regulatory protection for that species.

ECL  §  11-0303  authorizes  DEC  to  set  open seasons, size .and catch
limits, and manner of taking of all species of fish, except marine fish.
If this authority is not  extended,  the  existing  regulations  on  the
seasons,  bag  limits, and manner of taking for freshwater fish would no
longer be enforceable and there would be no oversight of the  taking  of
freshwater  fish in State waters. Extending DEC' s authority to regulate
freshwater fish will assure continuity of the protection of the  State's
freshwater fish resources.

Striped bass, lobster, bluefish, weakfish, fluke, winter flounder, scup,
black  sea  bass, blackfish, and sharks are managed by DEC in compliance
with the applicable management plan for the species.  Continued  regula-
tory  authority is critical for New York to maintain compliance with the
applicable fishery management plan and would ensure that  DEC  continues
to  have  the  mechanism  to react rapidly to any changes in the fishery
management plan in a timely fashion.  Failure to make necessary  regula-
tory  changes  as may be required by an applicable management plan could
result in the closure of New York's fishery for that species.

DEC needs the continued ability  to  adopt  management  regulations  for
whelk  (or  conch),  such  as  minimum  size  limits and harvest limits.
Authority to establish appropriate regulations for whelk consistent with
the needs of the resource is  essential  in  order  to  provide  uniform
protection of marine resources.

Monkfish  is  subject  to  management  under  the  New England Fisheries
Management Council jointly  with  the  Mid-Atlantic  Fishery  Management
Council,  and the taking of monkfish is limited in federal waters. It is
important the DEC maintain the authority to adopt consistent regulations
to protect this species in state waters, consistent with  the  needs  of
the  resource  and in order to provide uniform protection of monkfish in
all waters.

DEC's regulatory authority  to  manage  oysters  is  necessary  for  the
protection  and  management  of sustainable oyster resources in New York
waters. The eastern oyster has  experienced  a  significant  decline  in
population,  and  management measures are needed to conserve and protect
the long-term viability of oyster resources in State waters.

The hard clam has experienced a significant decline in  population,  and
resource  management  is  needed  to  conserve and protect the long-term
viability of hard clam populations in the State and implement hard  clam
restoration efforts in local bays and harbors. Extending DEC's regulato-
ry  authority  would  provide  DEC with the necessary authority to adopt
conservation measures that would  help  support  hard  clam  restoration
efforts  undertaken by State, town and county agencies, non-governmental
organizations, and other stakeholders.

New York's bay scallop resource is primarily located in  the  waters  of
Peconic  and Gardiners Bays on the eastern end of Long Island. Bay scal-
lop populations have experienced a 99 percent decline since 1985 due  to
the  occurrence  and  repeated  blooms  of  an unusual alga, Aureococcus
anaphageffrens, also known as brown tide in the east  end  bays  of  the
Peconics.  Existing regulations must be continued to protect the scallop
resource·  and  the  shellfish  industry.  DEC's  regulatory   authority
provides  DEC with the flexibility to respond to biological and environ-
mental events such as brown tide that have a significant impact  on  the
viability  of  the bay scallop resource. This authority can also be used
to develop  management  measures  to  support  bay  scallop  restoration
efforts that are taking place in the State waters of Peconic Bays and in
town waters.

Protection  of  the State's valuable reef ecosystems is an integral part
of the overall management of the marine  resources  of  the  marine  and
coastal  district. As defined in law, these Special Management Areas are
composed of both natural and artificial  reefs  as  well  as  shipwrecks
which provide habitat and safe havens for fish, shellfish and crustacea.
DEC's  authority  to  adopt  regulations restricting the taking of fish,
shellfish and crustacea in these areas must be extended by December  31,
2011  to assure the continuation of protective measures for reef fisher-
ies.

BUDGET IMPLICATIONS:

This bill would not have any fiscal impact on the State.

EFFECTIVE DATE:

The bill would take effect immediately.

2011-S4279 (ACTIVE) - Bill Text download pdf

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

                                  4279

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 25, 2011
                               ___________

Introduced  by Sen. JOHNSON -- (at request of the Department of Environ-
  mental 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
  extending the authority of the department of  environmental  conserva-
  tion to manage various aquatic species

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

  Section 1. Section 11-1303 of the environmental conservation  law,  as
amended  by  chapter  256  of  the  laws  of 2007, is amended to read as
follows:
S 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 [eleven] FIFTEEN, fix by
regulation open seasons, size and catch limits and manner of  taking  of
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.
  S  2.  Subdivision 3 of section 11-0303 of the environmental conserva-
tion law, as amended by chapter 150 of the laws of 2007, is  amended  as
follows:
  3.  The  department  may,  until  December  thirty-first, two thousand
[eleven] FIFTEEN, 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, record-
keeping requirements, requirements on the amount  and  type  of  fishing
effort and gear, and requirements relating to transportation, possession

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09808-02-1

S. 4279                             2

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. S 1800 et seq.).
  S  3.  Subdivision 3 of section 13-0323 of the environmental conserva-
tion law, as amended by chapter 144 of the laws of 2007, is  amended  to
read as follows:
  3.  The  department  may,  until  December  thirty-first, two thousand
[eleven] FIFTEEN, 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  relat-
ing  to  transportation,  possession  and sale, provided that such regu-
lations are no less restrictive than  requirements  set  forth  in  this
chapter.
  S  4.  Subdivision 8 of section 13-0325 of the environmental conserva-
tion law, as amended by chapter 142 of the laws of 2007, is  amended  to
read as follows:
  8.  The  department  may, until December [31] THIRTY-FIRST, [2011] TWO
THOUSAND FIFTEEN, adopt by regulation measures  for  the  management  of
hard  clams  (Mercenaria  mercenaria), soft or steamer clams (Mya arena-
ria), 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 eligi-
bility therefor, recordkeeping and identification 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.
  S 5. Section 13-0327 of the environmental conservation law, as amended
by chapter 148 of the laws of 2007, is amended to read as follows:
S 13-0327. Scallops; prohibited acts.
  The department may, until December thirty-first, two thousand [eleven]
FIFTEEN,  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.
  S  6. Subdivision 16 of section 13-0329 of the environmental conserva-
tion law, as amended by chapter 366 of the laws of 2007, is  amended  to
read as follows:
  16.  The  department  may,  until  December thirty-first, two thousand
[eleven] FIFTEEN, adopt regulations for Atlantic States Marine Fisheries
Commission Areas One, Two, Three, Four, Five, and  Outer  Cape  Cod,  to
implement  conservation  measures that affect TAKE, POSSESSION AND land-
ings of lobsters, pursuant to  the  recommendations  of  the  respective
Area's  Lobster  Conservation  Management Team as required by the Inter-

S. 4279                             3

state Fishery Plan for Lobsters adopted by the  Atlantic  States  Marine
Fisheries Commission.
  S  7.  Subdivision 6 of section 13-0330 of the environmental conserva-
tion law, as amended by chapter 143 of the laws of 2007, is  amended  to
read as follows:
  6.  The  department  may,  until  December  thirty-first, two thousand
[eleven] FIFTEEN, fix by regulation measures for the management of whelk
or conch (Busycon 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  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. S 1800 et seq.).
  S 8. Section 13-0340 of the environmental conservation law, as amended
by chapter 152 of the laws of 2007, is amended to read as follows:
S 13-0340. Bluefish (Pomatomus saltatrix).
  The department may, until December thirty-first, two thousand [eleven]
FIFTEEN,  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. S 1800 et seq.).
  S  9.  Section  13-0340-a  of  the  environmental conservation law, as
amended by chapter 152 of the laws  of  2007,  is  amended  to  read  as
follows:
S 13-0340-a. Weakfish (Cynoscion regalis).
  The department may, until December thirty-first, two thousand [eleven]
FIFTEEN,  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. S 1800 et seq.).

S. 4279                             4

  S  10.  Section  13-0340-b  of  the environmental conservation law, as
amended by chapter 152 of the laws  of  2007,  is  amended  to  read  as
follows:
S 13-0340-b. Fluke - summer flounder (Paralichthys dentatus).
  The department may, until December thirty-first, two thousand [eleven]
FIFTEEN,  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. S 1800 et
seq.).
  S  11.  Section  13-0340-c  of  the environmental conservation law, as
amended by chapter 145 of the laws  of  2007,  is  amended  to  read  as
follows:
S 13-0340-c. Winter flounder (Pleuorenectes americanus).
  The department may, until December thirty-first, two thousand [eleven]
FIFTEEN, fix by regulation measures for the management of winter flound-
er  ([Pleuorenectes]  PSEUDOPLEUORENECTES  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  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. S 1800 et seq.).
  S 12.  Section 13-0340-e of the  environmental  conservation  law,  as
amended  by  chapter  145  of  the  laws  of 2007, is amended to read as
follows:
S 13-0340-e. Scup (Stenotomus chrysops).
  The department may, until December thirty-first, two thousand [eleven]
FIFTEEN, fix by regulation measures for the management of scup (Stenoto-
mus 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,  record-
keeping  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. S 1800 et seq.).

S. 4279                             5

  S  13.  Section  13-0340-f  of  the environmental conservation law, as
amended by chapter 145 of the laws  of  2007,  is  amended  to  read  as
follows:
S 13-0340-f. Black sea bass (Centropristis striata).
  The department may, until December thirty-first, two thousand [eleven]
FIFTEEN, 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 eligibility
therefor, recordkeeping requirements, requirements  on  the  amount  and
type of fishing effort and gear and requirements relating to transporta-
tion,  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. S 1800 et seq.).
  S  14.  Section  13-0340-g  of  the environmental conservation law, as
amended by chapter 139 of the laws  of  2007,  is  amended  to  read  as
follows:
S 13-0340-g.  Monkfish  (Lophius  americanus,  Lophius  reticulatus  and
                 Lophius gastrophysus).
  The department may, until December thirty-first, two thousand [eleven]
FIFTEEN, 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. S 1800 et seq.).
  S  15. Subdivision 1 of section 13-0340-d of the environmental conser-
vation law, as amended by chapter 147 of the laws of 2007, is amended to
read as follows:
  1. The department  may,  until  December  thirty-first,  two  thousand
[eleven]  FIFTEEN,  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 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. S 1800 et seq.).

S. 4279                             6

  S  16. Subdivision 3 of section 13-0360 of the environmental conserva-
tion law, as amended by chapter 151 of the laws of 2007, is  amended  to
read as follows:
  3. Notwithstanding any other provision of this chapter, the department
may,  until  December thirty-first, two thousand [eleven] FIFTEEN, 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.
  S  17. Subdivision 4 of section 13-0338 of the environmental conserva-
tion law, as amended by chapter 141 of the laws of 2007, is  amended  to
read as follows:
  4.  The  department  may,  until  December  thirty-first, two thousand
[eleven] FIFTEEN, 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, 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. S1800 et seq.).
   S 18. This act shall take effect immediately.

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Sponsored By

Owen H. Johnson

Archive: Last Bill Status - Stricken

Actions

2011-S4279 (ACTIVE) - Details

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