senate Bill S5195

Signed By Governor
2011-2012 Legislative Session

Relates to continuing regulations relating to the management of whelks and conchs

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Sponsored By

Archive: Last Bill Status Via A6948 - 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.420
Aug 05, 2011 delivered to governor
Jun 06, 2011 returned to assembly
passed senate
3rd reading cal.717
substituted for s5195
Jun 06, 2011 substituted by a6948
May 23, 2011 advanced to third reading
May 18, 2011 2nd report cal.
May 17, 2011 1st report cal.717
May 03, 2011 referred to environmental conservation

Votes

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Co-Sponsors

S5195 - Bill Details

See Assembly Version of this Bill:
A6948
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0330, En Con L

S5195 - Bill Texts

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Relates to continuing regulations relating to the management of whelks and conchs.

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BILL NUMBER:S5195

TITLE OF BILL:
An act
to amend the environmental conservation law, in
relation to continuing regulations relating to the management of
whelks and conchs

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

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

JUSTIFICATION:
The DEC's regulatory authority over whelks and conchs 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 § 130105, 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:
Initial regulatory authority established by Chapter 143 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
________________________________________________________________________

                                  5195

                       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
  continuing regulations relating to the management of whelks and conchs

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

  Section 1.   Subdivision 6 of section  13-0330  of  the  environmental
conservation  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]  THIRTEEN,  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 eligi-
bility therefor, recordkeeping requirements, requirements on the  amount
and type of fishing effort and gear, and requirements relating to trans-
portation,  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 compli-
ance 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.
                                                           LBD06905-02-1

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