Assembly Bill A8153

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8153
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 31, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
   Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   establishing  the  marine  mammal  and sea turtle protection area; and
   providing for the repeal of such provisions upon expiration thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 11 of the environmental conservation law is amended
 by adding a new title 20-A to read as follows:
                                 TITLE 20-A
                MARINE MAMMAL AND SEA TURTLE PROTECTION AREA
 SECTION 11-2050. ESTABLISHMENT  OF  THE  MARINE  MAMMAL  AND  SEA TURTLE
                   PROTECTION AREA.
         11-2052. THE MARINE MAMMAL AND SEA TURTLE PROTECTION AREA  ADVI-
                   SORY COMMITTEE.
 § 11-2050. ESTABLISHMENT  OF THE MARINE MAMMAL AND SEA TURTLE PROTECTION
              AREA.
   1. THERE SHALL BE CREATED THE MARINE MAMMAL AND SEA TURTLE  PROTECTION
 AREA  CONSISTING  OF THE WATERS IN THE AREA FROM MEAN HIGH WATER SEAWARD
 FIFTEEN HUNDRED FEET, EXCEPT FURTHER SEAWARD IN  SHALLOW  AREAS  TO  THE
 OUTERMOST  LIMIT  OF  WATERS  FIFTEEN FEET IN DEPTH, AROUND PLUM ISLAND,
 GREAT GULL ISLAND AND LITTLE  GULL  ISLAND.  SUCH  BOUNDARIES  SHALL  BE
 DESCRIBED  AND  DEPICTED UPON A MAP AND A COPY OF ANY AND ALL SUCH DOCU-
 MENTS SHALL BE FORWARDED TO THE COMMISSIONER FOR INVENTORY, RESEARCH AND
 REFERENCE PURPOSES FOR THE GENERAL PUBLIC. SUCH PROTECTION AREA MAY ALSO
 BE DESIGNATED AS A NEW YORK STATE BIRD  CONSERVATION  AREA  PURSUANT  TO
 SECTION 11-2001 OF THIS ARTICLE.
   2.  FOR  PURPOSES  OF  THIS  TITLE  THE  MARINE  MAMMAL AND SEA TURTLE
 PROTECTION AREA SHALL MEAN:
   (A) A SITE PROVIDING HABITAT TO SPECIES INCLUDING:
   (I) HARBOR SEALS (PHOCA VITULINA);
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08096-02-7

 A. 8153                             2
 
   (II) HARBOR PORPOISES (PHOCOENA PHOCOENA);
   (III) GRAY SEALS (HALICHOERUS GRYPUS); AND
   (IV) SEA TURTLE SPECIES INCLUDING KEMP'S RIDLEY (LEPIDOCHELYS KEMPII),
 GREEN TURTLES (CHELONIA MYDAS) AND LEATHERBACK (DERMOCHELYS COREACIA);
   (B) PRESENCE OF A STATE-DESIGNATED NATURAL PROTECTIVE FEATURE; AND
   (C)  LOCATION  WITHIN  THE  BOUNDARIES  OF  TWO  ESTUARIES OF NATIONAL
 SIGNIFICANCE.
   3. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE REGULATIONS  TO  PREVENT
 THE  HARASSMENT AND FOR THE PROTECTION OF MARINE MAMMALS AND SEA TURTLES
 WITHIN THE MARINE MAMMAL AND SEA TURTLE PROTECTION AREA.
 § 11-2052. THE MARINE MAMMAL AND SEA  TURTLE  PROTECTION  AREA  ADVISORY
              COMMITTEE.
   THERE SHALL BE CREATED WITHIN THE DEPARTMENT THE MARINE MAMMAL AND SEA
 TURTLE PROTECTION AREA ADVISORY COMMITTEE WHOSE NON-GOVERNMENTAL MEMBERS
 SHALL  SERVE  WITHOUT PAY, MEET NOT LESS THAN TWICE EACH YEAR, AND WHOSE
 SOLE PURPOSE SHALL BE  TO  ADVISE  AS  TO  THE  MANAGEMENT,  EDUCATIONAL
 RESEARCH  AND UTILIZATION OF THE MARINE MAMMAL AND SEA TURTLE PROTECTION
 AREA. PROVIDED, HOWEVER, THE UTILIZATION OF SUCH AREA SHALL BE  CONSIST-
 ENT  WITH  THE  MISSION OF THE DEPARTMENT PURSUANT TO SECTION 11-2050 OF
 THIS TITLE. IN ADDITION TO REPRESENTATIVES OF THE DEPARTMENT, THE  ADVI-
 SORY  COMMITTEE  SHALL  CONSIST  OF, BUT NOT BE LIMITED TO ONE REPRESEN-
 TATIVE EACH FROM THE DEPARTMENT OF STATE, THE MARINE RESOURCES  ADVISORY
 BOARD,  THE  OFFICE  OF PARKS, RECREATION AND HISTORIC PRESERVATION, THE
 STATE MUSEUM, AMERICAN MUSEUM OF NATURAL HISTORY, CORNELL LABORATORY  OF
 ORNITHOLOGY, ENVIRONMENTAL GROUPS, MARINE EDUCATION AND RESEARCH GROUPS,
 THE  DEAN  OF  THE  MARINE  SCIENCES RESEARCH CENTER AT STONY BROOK, THE
 SUFFOLK COUNTY EXECUTIVE, AND  THE  TOWN  SUPERVISORS  OF  SOUTHOLD  AND
 BROOKHAVEN. THE COMMISSIONER MAY APPOINT ADDITIONAL MEMBERS AS APPROPRI-
 ATE, WHO SHALL SERVE AT HIS OR HER PLEASURE.
   §  2.  Nothing  in  this  act  shall  be  deemed to impose new fishing
 restrictions.
   § 3. This act shall take effect immediately and shall  expire  and  be
 deemed repealed April 1, 2028.