NY State Senate Bill S2317

Archive: Last Bill Status Via A2571 - Signed by Governor

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

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Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 18, 2019	signed chap.28
Apr 09, 2019	delivered to governor
Feb 05, 2019	returned to assembly passed senate 3rd reading cal.77 substituted for s2317
Feb 05, 2019	substituted by a2571
Feb 04, 2019	advanced to third reading
Jan 29, 2019	2nd report cal.
Jan 28, 2019	1st report cal.77
Jan 24, 2019	referred to environmental conservation

Votes

view votes

Feb 5, 2019 - floor Vote

A2571

floor

Aye

Nay

Absent

Excused

Abstained

Jan 28, 2019 - Environmental Conservation committee Vote

S2317

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

view additional co-sponsors

S2317 (ACTIVE) - Details

See Assembly Version of this Bill:: A2571
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§13-0333 & 13-0343, En Con L
Versions Introduced in 2017-2018 Legislative Session:: S8570

S2317 (ACTIVE) - Summary

Relates to the taking of menhaden; provides that menhaden (Brevoortia tyrannus) from which oil or meal is made may not be taken from the waters of the marine district with a purse seine unless the department determines there is an imminent risk of a fish kill.

S2317 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2317

SPONSOR: KAMINSKY
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to the taking of menhaden

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would prohibit the taking of menhaden by use of a purse seine.

 
SUMMARY OF PROVISIONS:

Section 13-0333 subdivision 1 of the Environmental Conservation Law
(ECL) is amended to state that menhaden may not be taken with a purse
seine. However, the Department of Environmental Conservation (DEC) shall
have authority to issue a temporary order to take menhaden with purse
seines if they determine that there is an imminent risk of a fishkill.
Such determination shall be made after consideration of the waterbody's
characteristics, such as a waterbody that has a history of hypoxia.

Additionally, section 13-0333 is amended to repeal the provisions

related to purse seine licenses from the Department of Environmental
Conservation.

Section 13-0343 subdivision 2 of the ECL is amended to repeal the
provision related to taking menhaden with purse seines when operated
from boats in Richmond County.

 
JUSTIFICATION:

Atlantic Menhaden are a major food source for whales, dolphins, coastal
sharks, predatory fish, seals, and seabirds. A single humpback whale can
eat thousands of pounds of Menhaden per day. Th.9y,are used as bait fish
by recreational and commercial fisherman, and suppotE fish meal and oil
based products industries.  These small fish have been referred to as
one of the most important species in the ocean.

Just prior to 2012, Atlantic Menhaden were overfished to just a small
percentage of their historic abundance. Measures were taken by the
Atlantic States Marine Fisheries Commission in 2012 to attempt to
restore the Menhaden population.

These recent efforts have been successful. Menhaden have been returning
to New York's coastal waters in historic numbers. This is good news to
the striped bass fisheries on Long Island, and the replenished food
source is bringing whales and dolphins back to New York's coast, posi-
tively contributing to the tourism industry.

Purse seines are large nets that encircle schools of fish and are then
closed at the bottom like a drawstring purse. Because the Menhaden popu-
lation has been so low, purse seines have not been used in New York for
several years, but as the populations grow, it is important to consider
sustainable management of this keystone species. This legislation is
necessary in order to prevent repeating history to the detriment of the
marine ecosystem and the economies that rely on them.

 
PRIOR LEGISLATIVE HISTORY:

2017-18 A1OSO6A passed assembly
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S2317 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2317

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 24, 2019
                               ___________

Introduced  by Sen. KAMINSKY -- 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  the
  taking of menhaden

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

  Section 1. Section 13-0333  of  the  environmental  conservation  law,
subdivisions  1  and  2  as  amended by chapter 427 of the laws of 1979,
subdivisions 3, 4 and 5 as amended and subdivisions 6, 7, 9, 10  and  11
as  added by chapter 60 of the laws of 1997, and paragraph b of subdivi-
sion 4 and subdivision 8 as amended by chapter 156 of the laws of  1997,
is amended to read as follows:
§ 13-0333. Menhaden; [license;] prohibited acts.
  [1.]  Menhaden  (Brevoortia  tyrannus) from which oil or meal is made,
subject to the provisions of section 13-0343, may NOT be taken from  the
waters  of the marine district with a purse seine [provided a license is
first obtained from the department.
  2. Each license shall be issued to  cover  one  vessel  and  pertinent
equipment  by  which such fish are taken and shall be issued in the name
of the owner, lessee or operator of each vessel so  used.  License  fees
shall  be  computed  on  the  basis of gross tonnage of the vessel to be
licensed as indicated in the document, certificate of  award,  register,
registration,  enrollment or license of such vessel issued by the United
States or any state.
  3. The license fee shall be: For each vessel:

30 gross tons or less                           25 dollars
more than 30 gross tons and less than
200 gross tons                                  500 dollars
more than 200 gross tons                      2,000 dollars

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05555-04-9

S. 2317                             2

All licenses issued under this section shall expire on December 31
following date of issue.
  4.  For  the purpose of this chapter, commercial menhaden purse seines
may not be used or set:
  a. in the area of Long Island Sound extending  west  of  an  imaginary
line  from  the  New  York state-Connecticut boundary line (Byram River)
extending easterly and southerly to buoy 13 (off Eaton's Neck).
  b. in Long Island Sound south of a straight line one-half mile seaward
of a straight line between buoy 13 (off Eaton's Neck) and  buoy  9  (off
Sound Beach).
  Distances  shall  be  determined from straight lines drawn between the
designated buoys and navigational aids.
  5. No person shall take menhaden by purse seining  except  during  the
period  commencing  on  the  Monday following the fourth day of July and
ending on the third Friday in October.    Nothing  in  this  subdivision
shall be construed as legalizing the taking of menhaden by purse seining
on  weekends  or  legal  holidays during the period provided for in this
subdivision.
  6. The department shall, in consultation with the  menhaden  industry,
have  the  authority  to require menhaden purse seine vessels to carry a
department-approved observer during their operation in  New  York  state
waters. Beginning July sixth, nineteen hundred ninety-eight, the depart-
ment shall require menhaden purse seine vessels equal to or greater than
two  hundred  gross  tons to carry a department-approved observer during
their operation in New York state waters. Such observers shall independ-
ently note and record information, as directed  by  the  department,  on
such  items  as fishing location, menhaden catch, by-catch, and any user
conflicts. The license holder for the vessel for which  an  observer  is
required  will  be  responsible  for  the  costs of such observer.   The
department shall promulgate rules and regulations to establish appropri-
ate procedures for the  assessment  and  collection  of  costs  for  the
observers.
  7.  The  operator of a menhaden purse seine vessel shall report to the
department twenty-four hours prior to entering the waters of  the  state
and  shall submit to the department a regular and timely report of their
total harvest.  The department shall develop regulations six months from
the effective  date  of  this  subdivision  related  to  this  reporting
requirement.
  8.  The  department shall, in cooperation with the Connecticut Depart-
ment of Environmental Protection and consistent  with  the  Long  Island
Sound  Bi-state committee resolution regarding commercial menhaden fish-
ing, undertake a water quality assessment  of  the  effect  of  menhaden
vessel  fish hold waste on Long Island Sound water quality.  The depart-
ment shall report back within one year of the  effective  date  of  this
subdivision  thereon  to  the  governor,  the temporary president of the
senate, the speaker of the assembly, and the chairmen of the senate  and
assembly  environmental  conservation  committees  with its findings and
recommendations for  reducing  or  eliminating  the  adverse  aesthetic,
ecological, and water quality impacts of said discharge.
  9.  Licensees  shall  be  legally  and financially responsible for the
clean up of fish lost during any fishing or  fish  handling  operations.
The department shall establish regulations to enforce this subdivision.
  10.  The  department  shall  adopt  regulations to prohibit or further
limit menhaden fishing when required by, and consistent with, the Inter-
state Fishery Management plan for Atlantic menhaden adopted pursuant  to

S. 2317                             3

the  Fishery  Conservation  and Management Act (16 USC 1800 et seq.) and
adopted by the Atlantic States Marine Fisheries Commission.
  11.  The department, in cooperation with the Connecticut Department of
Environmental Protection and  consistent  with  the  Long  Island  Sound
Bi-state  committee  resolution  regarding  commercial menhaden fishing,
shall evaluate the appropriateness and effectiveness of  establishing  a
limit  on  the number of purse seine vessels that may be allowed to fish
on Long Island Sound. The department  shall,  in  cooperation  with  the
Connecticut  Department  of Environmental Protection and consistent with
the Long Island Sound Bi-state committee resolution regarding commercial
menhaden fishing, evaluate the benefits and effectiveness of  establish-
ing  a  cap  on the quantity of menhaden that can be harvested from Long
Island Sound in one year. The department shall, in consultation with the
menhaden fishing industry, investigate means of regulating the depth  at
which  menhaden  purse  seines  are set with respect to the depth of the
water in their respective locations. The department  shall,  in  cooper-
ation  with  the  Connecticut Department of Environmental Protection and
consistent with the Long  Island  Sound  Bi-state  committee  resolution
regarding  commercial menhaden fishing, provide a report of its findings
and recommendations thereon to the governor, the temporary president  of
the  senate, the speaker of the assembly, and the chairmen of the senate
and assembly environmental conservation committees within  one  year  of
the  effective  date  of  this  subdivision]; PROVIDED HOWEVER, THAT THE
DEPARTMENT SHALL HAVE THE AUTHORITY TO ISSUE A TEMPORARY ORDER  ALLOWING
THE  USE  OF  PURSE  SEINES  FOR  TAKING MENHADEN, PURSUANT TO TEMPORARY
PERMITS, IF THE DEPARTMENT DETERMINES THAT THERE IS AN IMMINENT RISK  OF
A  FISH  KILL  RESULTING FROM THE PRESENCE OF UNUSUALLY LARGE AMOUNTS OF
MENHADEN IN WATERS OF THE MARINE AND COASTAL DISTRICT IN OR ADJACENT  TO
WATERBODY  SEGMENTS THAT ARE CHARACTERISTIC OF LOCATIONS LIKELY TO EXPE-
RIENCE FISH KILLS OR THAT HAVE A HISTORY OF HYPOXIA.  PRIOR  TO  ISSUING
SUCH  TEMPORARY ORDER, THE DEPARTMENT SHALL FIRST CONSIDER OTHER FISHING
METHODS AUTHORIZED UNDER THIS CHAPTER,  INCLUDING  BUT  NOT  LIMITED  TO
BEACH  SEINES,  AND SHALL ONLY ISSUE A TEMPORARY ORDER IF THE DEPARTMENT
DETERMINES THAT SUCH OTHER FISHING METHODS WILL NOT  SUFFICIENTLY  MITI-
GATE  THE  CONDITIONS  PRECIPITATING THE POTENTIAL FISH KILL. SUCH ORDER
SHALL INCLUDE THE  DEPARTMENT'S  JUSTIFICATION  FOR  THE  USE  OF  PURSE
SEINES,  TIME,  GEOGRAPHY,  AND  POUNDAGE  SPECIFICATIONS, AND ANY OTHER
CONDITIONS THAT THE DEPARTMENT DEEMS APPROPRIATE AND SHALL BE POSTED  ON
THE  DEPARTMENT'S  WEBSITE. FOLLOWING THE ADOPTION OF SUCH AN ORDER, THE
DEPARTMENT MAY ISSUE TEMPORARY PERMITS, NOT TO EXCEED FOURTEEN DAYS  AND
SUBJECT  TO THE CONDITIONS OF THE DEPARTMENT'S TEMPORARY ORDER, ALLOWING
FOR THE HARVEST OF MENHADEN.
  § 2. Subdivision 2 of section 13-0343 of the  environmental  conserva-
tion  law,  as amended by chapter 546 of the laws of 1981, is amended to
read as follows:
  2. In the waters of the marine district  in  the  county  of  Richmond
purse  seines  may  not  be  used  to  take menhaden [when operated from
boats]; and nets of not more than ten feet in length, operated by  hand,
may be used to take minnows and shrimp for bait.
  § 3. This act shall take effect immediately.

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The New York State Senate

senate Bill S2317

Sponsored By

Archive: Last Bill Status Via A2571 - Signed by Governor

Your Voice

Actions

Votes

Feb 5, 2019 - floor Vote

Floor Vote: Feb 5, 2019

Jan 28, 2019 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: Jan 28, 2019

Co-Sponsors

S2317 (ACTIVE) - Details

S2317 (ACTIVE) - Summary

S2317 (ACTIVE) - Sponsor Memo

S2317 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2317

Share this bill

Sponsored By

Archive: Last Bill Status Via A2571 - Signed by Governor

Your Voice

Actions

Votes

Feb 5, 2019 - floor Vote

Floor Vote: Feb 5, 2019

Jan 28, 2019 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: Jan 28, 2019

Co-Sponsors

S2317 (ACTIVE) - Details

S2317 (ACTIVE) - Summary

S2317 (ACTIVE) - Sponsor Memo

S2317 (ACTIVE) - Bill Text download pdf

Comments