senate Bill S4972

Signed By Governor
2011-2012 Legislative Session

Relates to the management of fluke-summer flounder

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A6949 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

do you support this bill?

Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 17, 2011 signed chap.421
Aug 05, 2011 delivered to governor
Jun 06, 2011 returned to assembly
passed senate
3rd reading cal.695
substituted for s4972
Jun 06, 2011 substituted by a6949
May 23, 2011 advanced to third reading
May 18, 2011 2nd report cal.
May 17, 2011 1st report cal.695
May 02, 2011 referred to environmental conservation

Votes

view votes

Co-Sponsors

S4972 - Bill Details

See Assembly Version of this Bill:
A6949
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0340-b, En Con L

S4972 - Bill Texts

view summary

Relates to the management of fluke-summer flounder.

view sponsor memo
BILL NUMBER:S4972

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the
management
of fluke-summer flounder

PURPOSE:
To extend the Department of Environmental Conservation's (DEC)
authority to manage fluke-summer flounder.

SUMMARY OF PROVISIONS:
This bill would extend DEC's authority to fix, by regulation,
management measures for flukesummer flounder in State waters until
December 31, 2015.

JUSTIFICATION:
DEC's regulatory authority over fluke-summer flounder is necessary in
order to preserve the current regulatory program. Failure to extend
the existing regulatory authority by December 31, 2011 will result in
the loss of regulatory protection of these species. Moreover,
regulatory authority is critical for New York State to maintain
compliance with Fishery Management Plans for important marine and
anadromous fish species along the coast. Failure to make necessary
regulatory changes required by Fishery Management Plans places New
York in jeopardy of closure of commercial and recreational fisheries.
Finally, ECL § 13-0105, which sets forth the State's marine fisheries
conservation and management policy, provides that this policy shall
be carried out through achievement of certain objectives. One of
these objectives is that the state's transboundary and migratory
species shall be consistent with any inter-jurisdictional management
plans, interstate or state-federal. Regulatory authority provides the
mechanism to react timely to the ever changing fishery management
plans.

LEGISLATIVE HISTORY:
Last extended by Chapter 152 of the laws of 2007.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4972

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 2, 2011
                               ___________

Introduced by Sens. JOHNSON, GRISANTI -- 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  the
  management of fluke-summer flounder

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

  Section 1.  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 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09007-01-1

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.