NY State Senate Bill 2023-S9318

Senate Bill S9318

2023-2024 Legislative Session

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

download bill text pdf

Current Bill Status Via A10347 - Passed Senate

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 28, 2024	returned to assembly passed senate 3rd reading cal.1320 substituted for s9318
May 28, 2024	substituted by a10347
May 23, 2024	advanced to third reading
May 22, 2024	2nd report cal.
May 21, 2024	1st report cal.1320
May 10, 2024	referred to environmental conservation

Votes

- May 28, 2024 - Floor Vote
  A10347
  
  58
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 28, 2024
      
      aye (58)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      excused (4)
      
      Gonzalez
      
      Harckham
      
      Krueger
      
      Walczyk
  May 21, 2024 - Environmental Conservation Committee Vote
  S9318
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: May 21, 2024
      
      aye (11)
      
      Canzoneri-Fitzpatrick
      
      Harckham
      
      Hinchey
      
      Kavanagh
      
      Mannion
      
      Martinez
      
      May
      
      Palumbo
      
      Serrano
      
      Skoufis
      
      Stec

2023-S9318 (ACTIVE) - Details

See Assembly Version of this Bill:: A10347
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §13-0329, En Con L; amd §6, Chap 305 of 2013

2023-S9318 (ACTIVE) - Summary

Extends the authority of the department of environmental conservation to manage American lobster to December 31, 2027.

2023-S9318 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9318

SPONSOR: MARTINEZ
 
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 American lobster; and to
amend chapter 305 of the laws of 2013 amending the environmental conser-
vation law, relating to the management of American lobster, in relation
to the effectiveness thereof.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends Environmental Conservation Law (ECL) §

13-0329(16) to extend, until December 31, 2027, 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 amends section 6 of chapter 305 of the laws of
2013 to extend for 3 years DEC's authority to regulate seasons,
size/catch limits, and taking for lobster in ASMFC Area 6.

Section 3 is the effective date.

 
JUSTIFICATION:

DEC's regulatory authority for lobster is necessary in order to protect
these fisheries for the benefit of those who rely on them for recre-
ational opportunities and income, and to maintain the sustainability of
these fisheries so that they are available for future generations.

This bill would extend DEC's regulatory authority for lobster to ensure
that DEC continues to be able to maintain compliance with any applicable
federal management plan or Interstate FMP adopted by the ASMFC.

 
PRIOR LEGISLATIVE HISTORY:

DEC's regulatory authority was last extended by Chapter 122 of the Laws
of 2021.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S9318 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9318
 
                             I N  S E N A T E
 
                               May 10, 2024
                                ___________
 
 Introduced by Sen. MARTINEZ -- (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 122 of  the  laws  of  2021,  is
 amended to read as follows:
   16.  The  department  may,  until  December thirty-first, two thousand
 [twenty-four] TWENTY-SEVEN, 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 122 of the laws of 2021,  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, [2024] 2027.
   § 3. This act shall take effect immediately.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14175-01-4

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