S T A T E O F N E W Y O R K ________________________________________________________________________ 1694 2009-2010 Regular Sessions I N A S S E M B L Y January 9, 2009 ___________ Introduced by M. of A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A. COLTON, CYMBROWITZ, HEASTIE -- read once and referred to the Committee 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: 1 Section 1. Article 13 of the environmental conservation law is amended 2 by adding a new title 7 to read as follows: 3 TITLE 7 4 MARINE LIFE PROTECTION 5 SECTION 13-0701. LEGISLATIVE INTENT. 6 13-0703. DEFINITIONS. 7 13-0705. MARINE LIFE PROTECTION TASK FORCE. 8 13-0707. TASK FORCE; POWERS AND DUTIES. 9 13-0709. REPORTS AND RECOMMENDATIONS. 10 S 13-0701. LEGISLATIVE INTENT. 11 THE LEGISLATURE HEREBY FINDS THAT: 12 1. NEW YORK'S EXTRAORDINARY MARINE BIOLOGICAL DIVERSITY IS A VITAL 13 ASSET TO THE STATE AND NATION. THE DIVERSITY OF SPECIES AND ECOSYSTEMS 14 FOUND IN THE STATE'S MARINE AND COASTAL DISTRICT IS IMPORTANT TO PUBLIC 15 HEALTH AND WELL-BEING, ECOLOGICAL HEALTH, AND OCEAN-DEPENDENT INDUSTRY; 16 2. COASTAL DEVELOPMENT, WATER POLLUTION AND OTHER HUMAN ACTIVITIES 17 THREATEN THE HEALTH OF MARINE HABITAT AND THE BIOLOGICAL DIVERSITY FOUND 18 IN NEW YORK'S MARINE AND COASTAL DISTRICT. NEW TECHNOLOGIES AND DEMANDS 19 HAVE ENCOURAGED THE EXPANSION OF FISHING AND OTHER ACTIVITIES TO FORMER- 20 LY INACCESSIBLE MARINE AREAS THAT ONCE RECHARGED NEARBY FISHERIES. AS A 21 RESULT, ECOSYSTEMS THROUGHOUT THE STATE'S MARINE AND COASTAL DISTRICT 22 ARE BEING ALTERED, OFTEN AT A RAPID RATE; 23 3. FISH AND OTHER SEA LIFE ARE SUSTAINABLE RESOURCES, AND FISHING IS 24 AN IMPORTANT STATE ASSET. MARINE PROTECTED AREAS AND SOUND FISHERY 25 MANAGEMENT ARE COMPLEMENTARY COMPONENTS OF A COMPREHENSIVE EFFORT TO 26 SUSTAIN MARINE HABITATS AND FISHERIES; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04994-01-9 A. 1694 2 1 4. UNDERSTANDING OF THE IMPACTS OF HUMAN ACTIVITIES AND THE PROCESSES 2 REQUIRED TO SUSTAIN THE ABUNDANCE AND DIVERSITY OF MARINE LIFE IS LIMIT- 3 ED. THE DESIGNATION OF CERTAIN AREAS AS SEA LIFE RESERVES CAN HELP 4 EXPAND THE LEGISLATURE'S KNOWLEDGE BY PROVIDING BASELINE INFORMATION AND 5 IMPROVING THE UNDERSTANDING OF ECOSYSTEMS WHERE MINIMAL DISTURBANCE 6 OCCURS; 7 5. MARINE LIFE RESERVES ARE ESSENTIAL TO THE PROTECTION OF HABITATS 8 AND ECOSYSTEMS, CONSERVATION OF BIOLOGICAL DIVERSITY, PROVISION OF SANC- 9 TUARIES FOR FISH AND OTHER SEA LIFE, ENHANCEMENT OF RECREATIONAL AND 10 EDUCATIONAL OPPORTUNITIES, PROVISION OF A REFERENCE POINT AGAINST WHICH 11 SCIENTISTS CAN MEASURE CHANGES ELSEWHERE IN THE MARINE AND COASTAL 12 DISTRICT, AND REBUILDING DEPLETED FISHERIES; 13 6. THERE IS A NEED TO EXAMINE AND AUGMENT THE STATE'S LAWS TO INCREASE 14 THEIR COHERENCE AND EFFECTIVENESS AT PROTECTING NEW YORK'S MARINE LIFE, 15 HABITAT AND ECOSYSTEMS; AND 16 7. TO IMPROVE THE MANAGEMENT AND PROTECTION OF THE STATE'S MARINE 17 LIFE, IT IS NECESSARY TO ESTABLISH A TASK FORCE, WITHIN THE DEPARTMENT, 18 TO PROPOSE A MARINE LIFE PROTECTION PLAN TO BE ENACTED INTO LAW BY THE 19 LEGISLATURE. 20 S 13-0703. DEFINITIONS. 21 FOR THE PURPOSES OF THIS TITLE: 22 1. "MARINE LIFE RESERVE" SHALL MEAN A MARINE PROTECTED AREA IN WHICH 23 ALL EXTRACTIVE ACTIVITIES, INCLUDING THE TAKING OF MARINE SPECIES AND, 24 IF NECESSARY, OTHER ACTIVITIES WHICH UPSET THE NATURAL ECOLOGICAL FUNC- 25 TIONS OF THE AREA SHALL BE PROHIBITED. WHILE, TO THE EXTENT FEASIBLE, 26 SUCH AREA SHALL BE OPEN TO THE PUBLIC FOR MANAGED ENJOYMENT AND STUDY, 27 THE AREA IS TO BE MAINTAINED IN AN UNDISTURBED AND UNPOLLUTED STATE. 28 2. "TASK FORCE" SHALL MEAN THE MARINE LIFE PROTECTION TASK FORCE 29 ESTABLISHED PURSUANT TO SECTION 13-0705 OF THIS TITLE. 30 S 13-0705. MARINE LIFE PROTECTION TASK FORCE. 31 1. THERE IS HEREBY ESTABLISHED, WITHIN THE DEPARTMENT, THE MARINE LIFE 32 PROTECTION TASK FORCE. SUCH TASK FORCE SHALL BE COMPOSED OF THIRTEEN 33 MEMBERS. THE DIRECTOR OF THE MARINE SCIENCES RESEARCH CENTER OF THE 34 STATE UNIVERSITY OF NEW YORK AT STONY BROOK, OR HIS OR HER DESIGNEE, 35 SHALL BE A MEMBER OF THE TASK FORCE AND SHALL SERVE AS THE CHAIR OF THE 36 TASK FORCE. THE COMMISSIONER SHALL APPOINT THREE MEMBERS OF THE MARINE 37 RESOURCES ADVISORY COUNCIL AS MEMBERS OF THE TASK FORCE. THE REMAINING 38 NINE MEMBERS OF THE TASK FORCE SHALL BE APPOINTED BY THE COMMISSIONER AS 39 FOLLOWS: THREE MEMBERS SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE 40 GOVERNOR, THREE MEMBERS SHALL BE APPOINTED UPON THE RECOMMENDATION OF 41 THE TEMPORARY PRESIDENT OF THE SENATE, AND THREE MEMBERS SHALL BE 42 APPOINTED UPON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY. 43 2. THE MEMBERS OF THE TASK FORCE APPOINTED BY THE COMMISSIONER SHALL 44 BE PERSONS WHO HAVE DEMONSTRATED EXPERTISE IN AND CONCERN FOR THE 45 PROTECTION OF MARINE LIFE. SUCH MEMBERS SHALL SERVE FOR A TERM OF TWO 46 YEARS, OR UNTIL THEIR SUCCESSOR HAS BEEN APPOINTED. VACANCIES IN THE 47 MEMBERSHIP OF THE TASK FORCE SHALL BE FILLED IN THE MANNER PROVIDED FOR 48 ORIGINAL APPOINTMENTS. 49 S 13-0707. TASK FORCE; POWERS AND DUTIES. 50 THE TASK FORCE SHALL HAVE THE FOLLOWING POWERS AND DUTIES: 51 1. TO EMPLOY AND AT PLEASURE REMOVE SUCH PERSONNEL AS IT MAY DEEM 52 NECESSARY FOR THE PERFORMANCE OF ITS FUNCTIONS AND FIX THEIR COMPEN- 53 SATION WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR; 54 2. TO REQUEST, RECEIVE AND UTILIZE AND BE PROVIDED WITH SUCH FACILI- 55 TIES, RESOURCES AND DATA OF THE DEPARTMENT, OR ANY DEPARTMENT, DIVISION, 56 BOARD, BUREAU, COMMISSION OR AGENCY OF THE STATE OR ANY POLITICAL SUBDI- A. 1694 3 1 VISION THEREOF AS MAY BE NECESSARY TO PROPERLY CARRY OUT ITS POWERS AND 2 DUTIES; 3 3. TO DETERMINE WHICH LAWS, RULES AND REGULATIONS GOVERN THE 4 PROTECTION OF MARINE LIFE IN THE MARINE AND COASTAL DISTRICT; 5 4. TO ASSESS THE SCOPE AND EFFECTIVENESS OF SUCH LAWS, RULES AND REGU- 6 LATIONS IN PROTECTING MARINE LIFE; 7 5. TO INVENTORY AND MAP THE MARINE LIFE AT EACH SITE WITHIN THE MARINE 8 AND COASTAL DISTRICT; 9 6. TO DETERMINE ALL THE SPECIES OF MARINE LIFE AT EACH SUCH SITE, THE 10 APPROXIMATE NUMBER OF EACH SPECIES AT EACH SUCH SITE, AND THE LEVEL AND 11 NATURE OF PROTECTION AFFORDED EACH SPECIES OF MARINE LIFE; 12 7. TO PROPOSE A MARINE LIFE PROTECTION PLAN, WHICH SHALL INCLUDE: 13 (A) PROTECTION OF THE NATURAL DIVERSITY AND ABUNDANCE OF MARINE LIFE, 14 AND THE STRUCTURE, FUNCTION AND INTEGRITY OF MARINE ECOSYSTEMS, 15 (B) SUSTENANCE, CONSERVATION AND PROTECTION OF MARINE LIFE POPU- 16 LATIONS, INCLUDING THOSE OF ECONOMIC VALUE, AND REBUILD THOSE THAT ARE 17 DEPLETED, 18 (C) IMPROVEMENT OF RECREATIONAL, EDUCATIONAL AND STUDY OPPORTUNITIES 19 PROVIDED BY MARINE ECOSYSTEMS THAT ARE SUBJECT TO MINIMAL HUMAN DISTURB- 20 ANCE, AND MANAGEMENT OF SUCH USES IN A MANNER CONSISTENT WITH PROTECTING 21 BIODIVERSITY, 22 (D) PROTECTION OF MARINE NATURAL HERITAGE, INCLUDING PROTECTION OF 23 REPRESENTATIVE AND UNIQUE MARINE LIFE HABITATS IN THE MARINE AND COASTAL 24 DISTRICT, AND 25 (E) PROPOSE LEGISLATION, BASED UPON SOUND SCIENTIFIC GUIDELINES, WHICH 26 ESTABLISHES CLEARLY DEFINED OBJECTIVES, EFFECTIVE MANAGEMENT MEASURES 27 AND ADEQUATE ENFORCEMENT FOR THE PROTECTION OF MARINE LIFE; 28 8. TO PROPOSE RECOMMENDATIONS AND LEGISLATION FOR THE ESTABLISHMENT 29 AND REGULATION OF MARINE LIFE RESERVES, INCLUDING NO-TAKE RESERVES, AT 30 SITES WITHIN THE MARINE AND COASTAL DISTRICT THAT THE TASK FORCE FINDS 31 WOULD BENEFIT FROM SUCH DESIGNATION AS A MARINE LIFE RESERVE BASED ON 32 THE TASK FORCE'S RESEARCH PURSUANT TO THIS SECTION; 33 9. TO ESTABLISH A TIMETABLE FOR THE ESTABLISHMENT OF MARINE LIFE 34 RESERVES AT THE VARIOUS SITES WITHIN THE MARINE AND COASTAL DISTRICT; 35 AND 36 10. TO INVESTIGATE AND MAKE RECOMMENDATIONS ON THE FEASIBILITY AND 37 EFFECTIVENESS OF PROVIDING ENHANCED MUNICIPAL REGULATION OF MARINE LIFE 38 RESERVES. 39 S 13-0709. REPORTS AND RECOMMENDATIONS. 40 ON OR BEFORE JANUARY FIRST EACH YEAR, THE TASK FORCE SHALL ISSUE A 41 REPORT AND ITS RECOMMENDATIONS TO THE COMMISSIONER, GOVERNOR, TEMPORARY 42 PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY. SUCH REPORT AND 43 RECOMMENDATION SHALL INCLUDE ALL INFORMATION DERIVED AND RECOMMENDATIONS 44 COMPOSED PURSUANT TO SUBDIVISIONS THREE THROUGH TEN OF SECTION 13-0707 45 OF THIS TITLE. 46 S 2. This act shall take effect on the first of January next succeed- 47 ing the date on which it shall have become a law; provided that the 48 commissioner of environmental conservation is authorized and directed to 49 appoint the members of the marine life protection task force pursuant to 50 section 13-0705 of the environmental conservation law, as added by 51 section one of this act, on or before such date.