senate Bill S6983A

Signed By Governor
2013-2014 Legislative Session

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

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Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 22, 2014 signed chap.161
Jul 11, 2014 delivered to governor
Jun 02, 2014 returned to senate
passed assembly
May 29, 2014 ordered to third reading cal.736
substituted for a9452
May 20, 2014 referred to environmental conservation
delivered to assembly
passed senate
May 19, 2014 advanced to third reading
May 14, 2014 2nd report cal.
May 13, 2014 1st report cal.630
May 06, 2014 print number 6983a
amend and recommit to environmental conservation
Apr 11, 2014 referred to environmental conservation

Votes

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May 13, 2014 - Environmental Conservation committee Vote

S6983A
12
1
committee
12
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Environmental Conservation committee vote details

Environmental Conservation Committee Vote: May 13, 2014

nay (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

S6983 - Bill Details

See Assembly Version of this Bill:
A9452
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0340-a, En Con L

S6983 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S6983

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 weakfish

Purpose of the Bill:

This bill would extend the authority of the Department of
Environmental Conservation (DEC) to manage weakfish.

Summary of Provisions:

Section 1 of the bill would amend Environmental Conservation Law (ECL)
§ 13-0340-a to extend, until December 31, 2018, DEC's authority-to fix
by regulation measures for the management of-weakfish (Cynoscion
regalis).

Section 2 of the bill provides for an immediate effective date.

Existing Law:

ECL § 13-0340-a grants DEC regulatory authority to manage weakfish
until December 31, 2014.

Prior Legislative History:

DEC's regulatory authority to manage weakfish was last extended by
Chapter 418 of the Laws of 2011.

Statement in Support:

DEC's regulatory authority for weakfish is necessary in order to
preserve the current regulatory program. Failure to extend the
existing regulatory authority by December 31, 2014 would result in the
loss of regulatory protection for weakfish.

The bill would extend DEC's regulatory authority for an additional
four years, and ensure that DEC continues to be able to maintain
compliance with the Interstate Fishery Management Plan (FMP) for
Weakfish, adopted by the Atlantic States Marine Fisheries Commission.
ECL § 13-0105, which sets forth the State's marine fisheries
conservation and management policy, provides that one of the State's
objectives shall be that the management of the State's transboundary
and migratory species shall be consistent with any interjurisdictional
management plans, interstate or state-federal. Moreover, failure to
make necessary regulatory changes as may be required by the FMP could
result in the closure of New York's weakfish fishery.

Budget Implications:

None.

Local Impact:

The bill would have no impact on local governments.


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
________________________________________________________________________

                                  6983

                            I N  S E N A T E

                             April 11, 2014
                               ___________

Introduced  by Sen. MARTINS -- (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 weakfish

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

  Section 1. Section 13-0340-a of the environmental conservation law, as
amended by chapter 418 of the laws  of  2011,  is  amended  to  read  as
follows:
S 13-0340-a. Weakfish (Cynoscion regalis).
  The  department  may, until December thirty-first, two thousand [four-
teen] EIGHTEEN, fix by regulation measures for the management of  weakf-
ish  (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 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 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13954-01-4

S6983A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9452
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0340-a, En Con L

S6983A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S6983A

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 weakfish

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to extend
the Department of Environmental Conservation's (DEC) authority to
manage weakfish.

SUMMARY OF SPECIFIC PROVISIONS: This bill would extend DEC's authority
to fix by regulation management measures for weakfish in State waters
until December 31, 2016.

JUSTIFICATION: DEC's regulatory authority over weakfish is necessary
in order to preserve the current regulatory program. Failure to extend
the existing regulatory authority by December 31, 2014, 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 Section 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.

PRIOR LEGISLATIVE HISTORY: Last extended by Chapter 418 of the Laws of
2011.

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
________________________________________________________________________

                                 6983--A

                            I N  S E N A T E

                             April 11, 2014
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

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

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

  Section 1. Section 13-0340-a of the environmental conservation law, as
amended by chapter 418 of the laws  of  2011,  is  amended  to  read  as
follows:
S 13-0340-a. Weakfish (Cynoscion regalis).
  The  department  may, until December thirty-first, two thousand [four-
teen] SIXTEEN, 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 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13954-03-4

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