S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6281
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2019
                                ___________
 
 Introduced  by  M. of A. ENGLEBRIGHT, SEAWRIGHT -- Multi-Sponsored by --
   M. of A.  COLTON, CYMBROWITZ -- read once and referred to the  Commit-
   tee on Environmental Conservation
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   establishing the marine life protection task force and  providing  for
   the powers and duties thereof

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 13 of the environmental conservation law is amended
 by adding a new title 9 to read as follows:
                                  TITLE 9
                          MARINE LIFE PROTECTION
 SECTION 13-0901. LEGISLATIVE INTENT.
         13-0903. DEFINITIONS.
         13-0905. MARINE LIFE PROTECTION TASK FORCE.
         13-0907. TASK FORCE; POWERS AND DUTIES.
         13-0909. REPORTS AND RECOMMENDATIONS.
 § 13-0901. LEGISLATIVE INTENT.
   THE LEGISLATURE HEREBY FINDS THAT:
   1. NEW YORK'S EXTRAORDINARY MARINE BIOLOGICAL  DIVERSITY  IS  A  VITAL
 ASSET  TO  THE STATE AND NATION. THE DIVERSITY OF SPECIES AND ECOSYSTEMS
 FOUND IN THE STATE'S MARINE AND COASTAL DISTRICT IS IMPORTANT TO  PUBLIC
 HEALTH AND WELL-BEING, ECOLOGICAL HEALTH, AND OCEAN-DEPENDENT INDUSTRY;
   2.  COASTAL  DEVELOPMENT,  WATER  POLLUTION AND OTHER HUMAN ACTIVITIES
 THREATEN THE HEALTH OF MARINE HABITAT AND THE BIOLOGICAL DIVERSITY FOUND
 IN NEW YORK'S MARINE AND COASTAL DISTRICT. NEW TECHNOLOGIES AND  DEMANDS
 HAVE ENCOURAGED THE EXPANSION OF FISHING AND OTHER ACTIVITIES TO FORMER-
 LY  INACCESSIBLE MARINE AREAS THAT ONCE RECHARGED NEARBY FISHERIES. AS A
 RESULT, ECOSYSTEMS THROUGHOUT THE STATE'S MARINE  AND  COASTAL  DISTRICT
 ARE BEING ALTERED, OFTEN AT A RAPID RATE;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07662-01-9
              

 A. 6281                             2
 
   3.  FISH  AND OTHER SEA LIFE ARE SUSTAINABLE RESOURCES, AND FISHING IS
 AN IMPORTANT STATE ASSET.  MARINE  PROTECTED  AREAS  AND  SOUND  FISHERY
 MANAGEMENT  ARE  COMPLEMENTARY  COMPONENTS  OF A COMPREHENSIVE EFFORT TO
 SUSTAIN MARINE HABITATS AND FISHERIES;
   4.  UNDERSTANDING OF THE IMPACTS OF HUMAN ACTIVITIES AND THE PROCESSES
 REQUIRED TO SUSTAIN THE ABUNDANCE AND DIVERSITY OF MARINE LIFE IS LIMIT-
 ED. THE DESIGNATION OF CERTAIN AREAS  AS  SEA  LIFE  RESERVES  CAN  HELP
 EXPAND THE LEGISLATURE'S KNOWLEDGE BY PROVIDING BASELINE INFORMATION AND
 IMPROVING  THE  UNDERSTANDING  OF  ECOSYSTEMS  WHERE MINIMAL DISTURBANCE
 OCCURS;
   5. MARINE LIFE RESERVES ARE ESSENTIAL TO THE  PROTECTION  OF  HABITATS
 AND ECOSYSTEMS, CONSERVATION OF BIOLOGICAL DIVERSITY, PROVISION OF SANC-
 TUARIES  FOR  FISH  AND  OTHER SEA LIFE, ENHANCEMENT OF RECREATIONAL AND
 EDUCATIONAL OPPORTUNITIES, PROVISION OF A REFERENCE POINT AGAINST  WHICH
 SCIENTISTS  CAN  MEASURE  CHANGES  ELSEWHERE  IN  THE MARINE AND COASTAL
 DISTRICT, AND REBUILDING DEPLETED FISHERIES;
   6. THERE IS A NEED TO EXAMINE AND AUGMENT THE STATE'S LAWS TO INCREASE
 THEIR COHERENCE AND EFFECTIVENESS AT PROTECTING NEW YORK'S MARINE  LIFE,
 HABITAT AND ECOSYSTEMS; AND
   7.  TO  IMPROVE  THE  MANAGEMENT  AND PROTECTION OF THE STATE'S MARINE
 LIFE, IT IS NECESSARY TO ESTABLISH A TASK FORCE, WITHIN THE  DEPARTMENT,
 TO  PROPOSE  A MARINE LIFE PROTECTION PLAN TO BE ENACTED INTO LAW BY THE
 LEGISLATURE.
 § 13-0903. DEFINITIONS.
   FOR THE PURPOSES OF THIS TITLE:
   1. "MARINE LIFE RESERVE" SHALL MEAN A MARINE PROTECTED AREA  IN  WHICH
 ALL  EXTRACTIVE  ACTIVITIES, INCLUDING THE TAKING OF MARINE SPECIES AND,
 IF NECESSARY, OTHER ACTIVITIES WHICH UPSET THE NATURAL ECOLOGICAL  FUNC-
 TIONS  OF  THE  AREA SHALL BE PROHIBITED.   WHILE, TO THE MAXIMUM EXTENT
 FEASIBLE, SUCH AREA SHALL BE OPEN TO THE PUBLIC  FOR  MANAGED  ENJOYMENT
 AND STUDY, THE AREA IS TO BE MAINTAINED IN AN UNDISTURBED AND UNPOLLUTED
 STATE.
   2.  "TASK  FORCE"  SHALL  MEAN  THE  MARINE LIFE PROTECTION TASK FORCE
 ESTABLISHED PURSUANT TO SECTION 13-0905 OF THIS TITLE.
 § 13-0905. MARINE LIFE PROTECTION TASK FORCE.
   1. THERE IS HEREBY ESTABLISHED, WITHIN THE DEPARTMENT, THE MARINE LIFE
 PROTECTION TASK FORCE. SUCH TASK FORCE SHALL  BE  COMPOSED  OF  THIRTEEN
 MEMBERS.  THE  DIRECTOR  OF  THE  MARINE SCIENCES RESEARCH CENTER OF THE
 STATE UNIVERSITY OF NEW YORK AT STONY BROOK, OR  HIS  OR  HER  DESIGNEE,
 SHALL  BE A MEMBER OF THE TASK FORCE AND SHALL SERVE AS THE CHAIR OF THE
 TASK FORCE. THE COMMISSIONER SHALL APPOINT THREE MEMBERS OF  THE  MARINE
 RESOURCES  ADVISORY  COUNCIL AS MEMBERS OF THE TASK FORCE. THE REMAINING
 NINE MEMBERS OF THE TASK FORCE SHALL BE APPOINTED BY THE COMMISSIONER AS
 FOLLOWS: THREE MEMBERS SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE
 GOVERNOR, THREE MEMBERS SHALL BE APPOINTED UPON  THE  RECOMMENDATION  OF
 THE  TEMPORARY  PRESIDENT  OF  THE  SENATE,  AND  THREE MEMBERS SHALL BE
 APPOINTED UPON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY.
   2. THE MEMBERS OF THE TASK FORCE APPOINTED BY THE  COMMISSIONER  SHALL
 BE PERSONS WHO HAVE DEMONSTRATED SCIENTIFIC EXPERTISE IN AND CONCERN FOR
 THE  PROTECTION  OF  MARINE  LIFE  INCLUDING RECREATIONAL AND COMMERCIAL
 FISHERMAN. SUCH MEMBERS SHALL SERVE FOR A TERM OF TWO  YEARS,  OR  UNTIL
 THEIR  SUCCESSOR  HAS BEEN APPOINTED. VACANCIES IN THE MEMBERSHIP OF THE
 TASK FORCE SHALL BE FILLED IN THE MANNER PROVIDED FOR ORIGINAL  APPOINT-
 MENTS.
   3. MEMBERS OF THE TASK FORCE SHALL NOT RECEIVE ANY COMPENSATION.
 § 13-0907. TASK FORCE; POWERS AND DUTIES.

 A. 6281                             3
 
   THE TASK FORCE SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
   1.  TO  REQUEST, RECEIVE AND UTILIZE AND BE PROVIDED WITH SUCH FACILI-
 TIES, RESOURCES AND DATA OF THE DEPARTMENT, OR ANY DEPARTMENT, DIVISION,
 BOARD, BUREAU, COMMISSION OR AGENCY OF THE STATE OR ANY POLITICAL SUBDI-
 VISION THEREOF AS MAY BE NECESSARY TO PROPERLY CARRY OUT ITS POWERS  AND
 DUTIES;
   2. TO IDENTIFY WHICH LAWS, RULES AND REGULATIONS GOVERN THE PROTECTION
 OF  MARINE  LIFE  IN  THE  MARINE AND COASTAL DISTRICT AND TO ASSESS THE
 SCOPE AND EFFECTIVENESS OF SUCH LAWS, RULES AND REGULATIONS IN  PROTECT-
 ING MARINE LIFE;
   3. TO INVENTORY AND MAP THE MARINE LIFE AT EACH SITE WITHIN THE MARINE
 AND  COASTAL  DISTRICT; INCLUDING ALL THE SPECIES OF MARINE LIFE AT EACH
 SUCH SITE, THE APPROXIMATE NUMBER OF EACH SPECIES AT EACH SUCH SITE, AND
 THE LEVEL AND NATURE OF PROTECTION AFFORDED EACH SPECIES OF MARINE LIFE;
   4. TO PROPOSE A MARINE LIFE PROTECTION PLAN, WHICH SHALL INCLUDE:
   (A) PROTECTION OF THE NATURAL DIVERSITY AND ABUNDANCE OF MARINE  LIFE,
 AND THE STRUCTURE, FUNCTION AND INTEGRITY OF MARINE ECOSYSTEMS,
   (B)  SUSTENANCE,  CONSERVATION  AND  PROTECTION  OF  MARINE LIFE POPU-
 LATIONS, INCLUDING THOSE OF ECONOMIC VALUE, AND REBUILD THOSE  THAT  ARE
 DEPLETED,
   (C)  IMPROVEMENT  OF RECREATIONAL, EDUCATIONAL AND STUDY OPPORTUNITIES
 PROVIDED BY MARINE ECOSYSTEMS THAT ARE SUBJECT TO MINIMAL HUMAN DISTURB-
 ANCE, AND MANAGEMENT OF SUCH USES IN A MANNER CONSISTENT WITH PROTECTING
 BIODIVERSITY,
   (D) PROTECTION OF MARINE NATURAL  HERITAGE,  INCLUDING  PROTECTION  OF
 REPRESENTATIVE AND UNIQUE MARINE LIFE HABITATS IN THE MARINE AND COASTAL
 DISTRICT,
   (E)  RECOMMENDED  LEGISLATION, BASED UPON SOUND SCIENTIFIC GUIDELINES,
 WHICH ESTABLISH CLEARLY DEFINED OBJECTIVES, EFFECTIVE  MANAGEMENT  MEAS-
 URES AND ADEQUATE ENFORCEMENT FOR THE PROTECTION OF MARINE LIFE,
   (F)  TO  INVESTIGATE  AND  MAKE RECOMMENDATIONS ON THE FEASIBILITY AND
 EFFECTIVENESS OF PROVIDING ENHANCED MUNICIPAL REGULATION OF MARINE  LIFE
 RESERVES; AND
   5.  TO  PROPOSE  RECOMMENDATIONS AND LEGISLATION FOR THE ESTABLISHMENT
 AND REGULATION OF MARINE LIFE RESERVES, INCLUDING NO-TAKE  RESERVES,  AT
 SITES WITHIN THE MARINE AND COASTAL DISTRICT.
 § 13-0909. REPORTS AND RECOMMENDATIONS.
   ON OR BEFORE TWO YEARS FOLLOWING THE EFFECTIVE DATE OF THIS TITLE, THE
 TASK  FORCE  SHALL ISSUE A REPORT AND ITS RECOMMENDATIONS TO THE COMMIS-
 SIONER, GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER  OF  THE
 ASSEMBLY.  SUCH  REPORT AND RECOMMENDATION SHALL INCLUDE ALL INFORMATION
 DERIVED  AND  RECOMMENDATIONS  COMPOSED  PURSUANT  TO  SUBDIVISIONS  TWO
 THROUGH FIVE OF SECTION 13-0907 OF THIS TITLE.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become  a  law;  provided  that  the
 marine  life  protection  task  force  shall have two years to issue the
 report required pursuant to section 13-0909 of the environmental conser-
 vation law, as added by section one of this act, at which such time  the
 task force shall be deemed dissolved.