senate Bill S5193

Signed By Governor
2011-2012 Legislative Session

Relates to the management of scallops

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Sponsored By

Archive: Last Bill Status Via A6959 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 17, 2011 signed chap.427
Aug 05, 2011 delivered to governor
Jun 06, 2011 returned to assembly
passed senate
3rd reading cal.715
substituted for s5193
Jun 06, 2011 substituted by a6959
May 23, 2011 advanced to third reading
May 18, 2011 2nd report cal.
May 17, 2011 1st report cal.715
May 03, 2011 referred to environmental conservation

Votes

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Co-Sponsors

S5193 - Bill Details

See Assembly Version of this Bill:
A6959
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง13-0327, En Con L

S5193 - Bill Texts

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Relates to the management of scallops.

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BILL NUMBER:S5193

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the
management of scallops

PURPOSE:
To extend the Department of Environmental Conservation's (DEC)
authority to manage scallops.

SUMMARY OF PROVISIONS:
This bill would extend the DEC's authority to fix, by regulation,
management measures for scallops in State waters until December 31,
2013.

JUSTIFICATION:
The DEC's regulatory authority over scallops 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 interjurisdictional 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 148 of the Laws of 2007.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  5193

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by Sens. ZELDIN, JOHNSON, GRISANTI -- read twice and ordered
  printed, and when printed to be committed to the Committee on Environ-
  mental Conservation

AN ACT to amend the environmental conservation law, in relation  to  the
  management of scallops

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

  Section 1. 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]
THIRTEEN, 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 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06906-02-1

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