senate Bill S4367A

Signed By Governor
2013-2014 Legislative Session

Extends the authority of the department of environmental conservation to manage sharks

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Archive: Last Bill Status Via A7411 - 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
Jul 26, 2013 signed chap.170
Jul 19, 2013 delivered to governor
Jun 18, 2013 returned to assembly
passed senate
3rd reading cal.466
substituted for s4367a
Jun 18, 2013 substituted by a7411
May 20, 2013 amended on third reading 4367a
vote reconsidered - restored to third reading
May 20, 2013 returned to senate
recalled from assembly
May 07, 2013 referred to environmental conservation
delivered to assembly
passed senate
May 06, 2013 advanced to third reading
May 01, 2013 2nd report cal.
Apr 30, 2013 1st report cal.466
Mar 22, 2013 referred to environmental conservation

Votes

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Apr 30, 2013 - Environmental Conservation committee Vote

S4367
11
1
committee
11
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 30, 2013

nay (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

S4367 - Bill Details

See Assembly Version of this Bill:
A7411
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0338, En Con L

S4367 - Bill Texts

view summary

Extends the authority of the department of environmental conservation to manage sharks.

view sponsor memo
BILL NUMBER:S4367

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to the definition of shark and extending the authority of the
department of environmental conservation to manage sharks

Purpose of Bill: The bill would extend the authority of the
Department of Environmental Conservation (DEC) to manage sharks and
make technical changes to the definition of "shark."

Summary of provisions:

Section 1 of this bill would amend Environmental Conservation Law
(ECL) § 13-0338(1) to make technical corrections to the definition of
"shark."

Section 2 of this bill would amend ECL § 13-0338(4) to extend, until
December 31, 2015, DEC's authority to fix by regulation measures for
the management of sharks.

Section 3 of this bill provides that the bill would take effect
immediately.

Existing law: ECL § 13-0338 grants DEC regulatory authority until
December 31, 2013 over the management of sharks, and defines the term
"shark" as any species of the order Squaliformes except those in the
suborder Batoidei.

Prior Legislative history: DEC was first provided with regulatory
authority to manage sharks in Chapter 231 of the Laws of 1992. Such
authority was last extended by Chapter 428 of the Laws of 2011. The
definition of shark was last amended by Chapter 308 of 1999.

Statement in support: ECL § 13-0105 establishes that the State's
marine fisheries conservation and management policy shall be
consistent with any inter-jurisdictional, interstate or state-federal
management plans. This bill would extend DEC's regulatory authority
concerning the management of sharks for an additional four years to
ensure that DEC continues to be able to maintain compliance with both
the Interstate Fishery Management Plan (FMP) for Atlantic Coastal
Sharks and the FMP for Spiny Dogfish adopted by the Atlantic States
Marine Fisheries Commission. Failure to make necessary regulatory
changes as may be required by the FMPs could result in the closure of
New York's shark fisheries.

This bill would also clarify the definition of sharks. The existing
definition of "shark" grants DEC the authority to regulate dogfish
only. This amendment would authorize DEC to regulate all species of
shark, while continuing to exclude skates, rays and torpedoes.

Budget implications: None.

Local Impact: None.

Effective Date: The bill would take effect immediately.


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

                                  4367

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 22, 2013
                               ___________

Introduced  by  Sen.  BOYLE -- (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 the
  definition of shark and extending the authority of the  department  of
  environmental conservation to manage sharks

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

  Section 1. Paragraph a of subdivision 1  of  section  13-0338  of  the
environmental conservation law, as amended by chapter 308 of the laws of
1999, is amended to read as follows:
  a.  "Shark"  means  any  species  of the [order Squaliformes] SUBCLASS
ELASMOBRANCHII except species in the [suborder Batoidea] ORDER BATOIDEI,
and
  S 2. Subdivision 4 of section 13-0338 of the  environmental  conserva-
tion  law,  as amended by chapter 428 of the laws of 2011, is amended to
read as follows:
  4. The department  may,  until  December  thirty-first,  two  thousand
[thirteen]  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 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08947-02-3

S4367A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7411
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0338, En Con L

S4367A (ACTIVE) - Bill Texts

view summary

Extends the authority of the department of environmental conservation to manage sharks.

view sponsor memo
BILL NUMBER:S4367A

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 sharks

Purpose of Bill:

The bill would extend the authority of the Department of Environmental
Conservation (DEC) to manage sharks and make technical changes to the
definition of "shark."

Summary of provisions:

Section 1 of this bill would amend ECL § 13-0338(4) to extend, until
December 31, 2015, DEC's authority to fix by regulation measures for
the management of sharks.

Section 2 of this bill provides that the bill would take effect
immediately.

Existing law:

ECL § 13-0338 grants DEC regulatory authority until December 31, 2013
over the management of sharks, and defines the term "shark" as any
species of the order Squaliformes except those in the suborder
Batoidei.

Prior Legislative history:

DEC was first provided with regulatory authority to manage sharks in
Chapter 231 of the Laws of 1992. Such authority was last extended by
Chapter 428 of the Laws of 2011.

Statement in support:

ECL § 13-0105 establishes that the State's marine fisheries
conservation and management policy shall be consistent with any
inter-jurisdictional, interstate or state-federal management plans.
This bill would extend DEC's regulatory authority concerning the
management of sharks for an additional four years to ensure that DEC
continues to be able to maintain compliance with both the Interstate
Fishery Management Plan (FMP) for Atlantic Coastal Sharks and the FMP
for Spiny Dogfish adopted by the Atlantic States Marine Fisheries
Commission. Failure to make necessary regulatory changes as may be
required by the FMPs could result in the closure of New York's shark
fisheries.

Budget implications:

None.

Local Impact:

None.

Effective Date:


The bill would take effect immediately.

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

                                 4367--A
    Cal. No. 466

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 22, 2013
                               ___________

Introduced  by  Sen.  BOYLE -- (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
  -- reported favorably from said committee, ordered to first and second
  report,  ordered to a third reading, passed by Senate and delivered to
  the Assembly, recalled, vote reconsidered, restored to third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  extending  the  authority of the department of environmental conserva-
  tion to manage sharks

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

  Section  1.  Subdivision  4  of  section  13-0338 of the environmental
conservation law, as amended by chapter 428 of  the  laws  of  2011,  is
amended to read as follows:
  4.  The  department  may,  until  December  thirty-first, two thousand
[thirteen] 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 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08947-04-3

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