NY State Senate Bill 2017-S7996

Senate Bill S7996

Signed By Governor

2017-2018 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 21, 2018	signed chap.443
Dec 12, 2018	delivered to governor
Jun 07, 2018	returned to senate passed assembly ordered to third reading cal.1084 substituted for a10857
Jun 04, 2018	referred to environmental conservation delivered to assembly passed senate
May 07, 2018	advanced to third reading
May 02, 2018	2nd report cal.
May 01, 2018	1st report cal.992
Mar 16, 2018	referred to environmental conservation

Votes

- Jun 4, 2018 - Floor Vote
  S7996
  
  61
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 4, 2018
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (1)
      
      LaValle
      
      excused (1)
      
      Croci
  May 1, 2018 - Environmental Conservation Committee Vote
  S7996
  
  11
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: May 1, 2018
      
      aye (11)
      
      Addabbo Jr.
      
      Avella
      
      Funke
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kavanagh
      
      Little
      
      Marcellino
      
      O'Mara
      
      Phillips
      
      Tedisco
      
      nay (1)
      
      LaValle

2017-S7996 (ACTIVE) - Details

See Assembly Version of this Bill:: A10857
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §13-0329, En Con L; amd §6, Chap 305 of 2013

2017-S7996 (ACTIVE) - Summary

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

2017-S7996 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7996

SPONSOR: BOYLE
 
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 lobster; and to amend chapter 305 of the
laws of 2013 amending the environmental conservation law, relating to
the management of American lobster, in relation to the effectiveness
thereof

 
PURPOSE OF THE BILL:

The purpose of this bill is to extend the authority of the Department of
Environmental Conservation (DEC) to manage lobsters.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would amend Environmental Conservation Law (ECL)
§ 13-0329(16) to extend, until December 31, 2021, DEC's authority to
adopt regulations to implement conservation measures that affect take,
possession and landings of lobsters (Homarus americanus), consistent

with the recommendations of the respective Area's Lobster Conservation
Management Team as required by the Interstate Fishery Management Plan
(FMP) for American Lobster adopted by the Atlantic States Marine Fisher-
ies Commission (ASMFC).

Section 2 of this bill would amend Environmental Conservation Law (ECL)
§ 13-0329(17) to extend, until December 31, 2021, the closure of lobster
fishery for Atlantic States Marine Fisheries Commission (ASMFC) Area Six
(Long Island Sound) annually from September 8 until November 28.

Section 3 of this bill provides that the bill shall take effect imme-
diately.

 
JUSTIFICATION:

DEC's regulatory authority for lobster is necessary in order to preserve
the current regulatory program. Failure to extend the existing regulato-
ry authority by December 31, 2018 will result in the loss of regulatory
protection for lobsters in these areas. Regulatory authority is critical
for New York to maintain compliance with the FMP for American Lobster.
Regulatory authority provides the mechanism necessary to react rapidly
to the ever changing FMP in a timely fashion.

 
PRIOR LEGISLATIVE HISTORY:

DEC's regulatory authority to manage lobsters in ASMFC Areas One, Two,
Three, Four, Five and Outer Cape was last extended by Chapter 132 of the
Laws of 2015.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S7996 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7996
 
                             I N  S E N A T E
 
                              March 16, 2018
                                ___________
 
 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
   extending the authority of the department of  environmental  conserva-
   tion  to manage American lobster; and to amend chapter 305 of the laws
   of 2013 amending the environmental conservation law, relating  to  the
   management of American lobster, in relation to the effectiveness ther-
   eof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 16 of  section  13-0329  of  the  environmental
 conservation  law,  as  amended  by  chapter 132 of the laws of 2015, is
 amended to read as follows:
   16. The department may,  until  December  thirty-first,  two  thousand
 [eighteen]  TWENTY-ONE,  adopt  regulations  for  Atlantic States Marine
 Fisheries Commission Areas One, Two, Three, Four, Five, and  Outer  Cape
 Cod,   to  implement  conservation  measures  that  affect  landings  of
 lobsters, pursuant to  the  recommendations  of  the  respective  Area's
 Lobster Conservation Management Team as required by the Interstate Fish-
 ery  Management Plan for American Lobster adopted by the Atlantic States
 Marine Fisheries Commission.
   § 2. Section 6 of chapter 305 of the laws of 2013, amending the  envi-
 ronmental  conservation  law  relating  to  the  management  of American
 lobster, as amended by chapter 224 of the laws of 2016,  is  amended  to
 read as follows:
   §  6.  This  act shall take effect on the thirtieth day after it shall
 have become a law; provided that subdivision 17 of  section  13-0329  of
 the environmental conservation law, as added by section two of this act,
 shall expire and be deemed repealed December 31, [2018] 2021.
   § 3. This act shall take effect immediately.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14376-01-8

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