senate Bill S7159A

Signed By Governor
2013-2014 Legislative Session

Relates to extending the authority of the department of environmental conservation to manage oysters

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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.171
Jul 11, 2014 delivered to governor
Jun 02, 2014 returned to senate
passed assembly
ordered to third reading cal.735
substituted for a9451
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.637
May 06, 2014 print number 7159a
amend and recommit to environmental conservation
May 01, 2014 referred to environmental conservation

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S7159 - Bill Details

See Assembly Version of this Bill:
A9451
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0323, En Con L

S7159 - Bill Texts

view summary

Relates to extending the authority of the department of environmental conservation to manage oysters.

view sponsor memo
BILL NUMBER:S7159

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 oysters

Purpose of the Bill:

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

Summary of Provisions:

Section 1 of the bill would amend Environmental Conservation Law (ECL)
§ 13-0323(3) to extend until December 31, 2018, DEC's authority to fix
by regulation, measures for the management of oysters (Family
Ostreidae).

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

Existing Law:

ECL § 13-0323(3) grants DEC regulatory authority to manage oysters
until December 31, 2014.

Prior Legislative History:

DEC's regulatory authority to manage oysters was last extended by
Chapter 431 of the Laws of 2011.

Statement in Support:

DEC's regulatory authority for oysters 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 oysters which is necessary for the
protection and management of sustainable oyster resources in New York
waters.

The eastern oyster has experienced a significant decline in
population, and management measures are needed to conserve and protect
the long-term viability of oyster resources in state waters. There
has been growing interest in oyster restoration in the marine
district. Continued regulatory authority is needed to develop
management measures that would support these restoration efforts and
ensure protection of oysters from overharvest.

DEC's regulations were established to be consistent with town codes
for the taking of oysters and to provide for a uniform size limit
controlling the harvest of oysters in both state and town waters. DEC
regulations currently establish a minimum size limit for oysters at no
less than three inches in longest diameter (length) and a tolerance of
sublegal sized oysters at no more than five percent of any bushel,
package or container when unavoidably taken. The legal size limit for
the taking of oysters ensures adequate protection of juvenile oyster
stocks and allows sufficient time for oysters to successfully mature
and reproduce prior to harvest. The regulations also provide for an


exemption from the size limit for oysters that are cultured or
transplanted under a permit from DEC. DEC's regulatory authority is
needed to provide continuity between State and town laws concerning
legal oyster harvest and assist law enforcement agencies charged with
enforcing compliance with shellfish laws and regulations.

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
________________________________________________________________________

                                  7159

                            I N  S E N A T E

                               May 1, 2014
                               ___________

Introduced  by  Sen. ZELDIN -- (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 oysters

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

  Section 1. Subdivision 3  of  section  13-0323  of  the  environmental
conservation  law,  as  amended  by  chapter 431 of the laws of 2011, is
amended to read as follows:
  3. The department  may,  until  December  thirty-first,  two  thousand
[fourteen]  EIGHTEEN,  fix  by regulation measures for the management of
oysters (Family Ostreidae) 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 relat-
ing to transportation, possession and sale,  provided  that  such  regu-
lations  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.
                                                           LBD13960-01-4

S7159A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9451
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §13-0323, En Con L

S7159A (ACTIVE) - Bill Texts

view summary

Relates to extending the authority of the department of environmental conservation to manage oysters.

view sponsor memo
BILL NUMBER:S7159A

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 oysters

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

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

JUSTIFICATION: Extending DEC's regulatory authority over oysters is
necessary in order to preserve the current regulatory program.
Failure to extend the existing regulatory authority by December 31,
2014 will result in a loss of protections for these species.

PRIOR LEGISLATIVE HISTORY: Last extended by Chapter 431 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
________________________________________________________________________

                                 7159--A

                            I N  S E N A T E

                               May 1, 2014
                               ___________

Introduced  by  Sen.  ZELDIN -- 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 oysters

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

  Section 1. Subdivision 3  of  section  13-0323  of  the  environmental
conservation  law,  as  amended  by  chapter 431 of the laws of 2011, is
amended to read as follows:
  3. The department  may,  until  December  thirty-first,  two  thousand
[fourteen]  SIXTEEN,  fix  by  regulation measures for the management of
oysters (Family Ostreidae) 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 relat-
ing to transportation, possession and sale,  provided  that  such  regu-
lations  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.
                                                           LBD13960-03-4

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