senate Bill S6992A

Signed By Governor
2013-2014 Legislative Session

Extends the authority of the department of environmental conservation to manage the American shad

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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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 22, 2014 signed chap.165
Jul 11, 2014 delivered to governor
Jun 02, 2014 returned to senate
passed assembly
May 29, 2014 ordered to third reading cal.732
substituted for a9433
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.635
May 06, 2014 print number 6992a
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

S6992A
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)

S6992 - Bill Details

See Assembly Version of this Bill:
A9433
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0339-a, En Con L

S6992 - Bill Texts

view summary

Extends the authority of the department of environmental conservation to manage the American shad.

view sponsor memo
BILL NUMBER:S6992

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 American shad

Purpose of the Bill:

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

Summary of Provisions:

Section 1 of the bill amends Environmental Conservation Law (ECL)
13-0339-a(1)(e) to extend, until December 31, 2018, DEC's authority to
fix by regulation measures for the management of American shad (Alosa
sapidissima).

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

Existing Law:

ECL § 13-0339-a(1)(e) grants DEC regulatory authority to manage
American shad until December 31, 2014.

Prior Legislative History:

DEC's regulatory authority to manage American shad was last extended
by Chapter 294 of the Laws of 2011.

Statement in Support:

DEC's regulatory authority for American shad 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 American shad.

American shad are managed pursuant to the Interstate Fishery
Management Plan (FMP) for Shad and River Herring adopted by the
Atlantic States Marine Fisheries Commission. The bill would extend
DEC's regulatory authority for American shad for an additional four
years, and ensure that DEC continues to be able to maintain compliance
with the FMP. ECL § 13-0105, which sets forth the 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 fishery for American shad.

In March 2011, to allow for stock recovery, DEC closed both the
recreational and commercial American shad fisheries in the Hudson
River and tributaries north of the George Washington Bridge. New
York's ability to adopt these regulatory amendments allowed New York
to act quickly in response to the most recent stock assessment showing
that American shad abundance was at an all-time low.


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
________________________________________________________________________

                                  6992

                            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 American shad

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

  Section 1. Paragraph e of subdivision 1 of section  13-0339-a  of  the
environmental conservation law, as amended by chapter 294 of the laws of
2011, is amended to read as follows:
  e.  American shad (Alosa sapidissima) until December thirty-first, two
thousand [fourteen] EIGHTEEN,
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13956-01-4

S6992A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9433
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0339-a, En Con L

S6992A (ACTIVE) - Bill Texts

view summary

Extends the authority of the department of environmental conservation to manage the American shad.

view sponsor memo
BILL NUMBER:S6992A

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 American shad

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

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

JUSTIFICATION: DEC's regulatory authority over American shad 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, 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 294 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
________________________________________________________________________

                                 6992--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 American shad

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

  Section 1. Paragraph e of subdivision 1 of section  13-0339-a  of  the
environmental conservation law, as amended by chapter 294 of the laws of
2011, is amended to read as follows:
  e.  American shad (Alosa sapidissima) until December thirty-first, two
thousand [fourteen] SIXTEEN,
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13956-03-4

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