Bill Text: NY A10474 | 2015-2016 | General Assembly | Amended

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Bill Title: Relates to establishing the marine mammal and sea turtle protection area.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Engrossed - Dead) 2016-06-15 - REFERRED TO RULES [A10474 Detail]

Download: New_York-2015-A10474-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                        10474--A
                   IN ASSEMBLY
                                      May 27, 2016
                                       ___________
        Introduced  by  M.  of  A.  ENGLEBRIGHT,  THIELE,  OTIS -- read once and
          referred to the Committee on Environmental  Conservation  --  reported
          and  referred  to  the  Committee  on  Ways  and  Means  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          establishing  the  marine  mammal  and sea turtle protection area; and
          providing for the repeal of such provisions upon expiration thereof
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Article 11 of the environmental conservation law is amended
     2  by adding a new title 20-A to read as follows:
     3                                  TITLE 20-A
     4                 MARINE MAMMAL AND SEA TURTLE PROTECTION AREA
     5  Section 11-2050. Establishment  of  the  marine  mammal  and  sea turtle
     6                    protection area.
     7          11-2052. The marine mammal and sea turtle protection area  advi-
     8                    sory committee.
     9  § 11-2050. Establishment  of the marine mammal and sea turtle protection
    10               area.
    11    1. There shall be created the marine mammal and sea turtle  protection
    12  area  consisting  of the waters in the area from mean high water seaward
    13  fifteen hundred feet, except further seaward in  shallow  areas  to  the
    14  outermost  limit  of  waters  fifteen feet in depth, around Plum Island,
    15  Great Gull Island and Little  Gull  Island.  Such  boundaries  shall  be
    16  described  and  depicted upon a map and a copy of any and all such docu-
    17  ments shall be forwarded to the commissioner for inventory, research and
    18  reference purposes for the general public. Such protection area may also
    19  be designated as a New York state bird  conservation  area  pursuant  to
    20  section 11-2001 of this article.
    21    2.  For  purposes  of  this  title  the  marine  mammal and sea turtle
    22  protection area shall mean:
    23    (a) a site providing habitat to species including:
    24    (i) harbor seals (Phoca vitulina);
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15680-04-6
        A. 10474--A                         2
     1    (ii) harbor porpoises (Phocoena phocoena);
     2    (iii) gray seals (Halichoerus grypus); and
     3    (iv) sea turtle species including kemp's ridley (Lepidochelys kempii),
     4  green turtles (Chelonia mydas) and leatherback (Dermochelys coreacia);
     5    (b) presence of a state-designated natural protective feature; and
     6    (c)  location  within  the  boundaries  of  two  estuaries of national
     7  significance.
     8    3. The department is authorized to promulgate regulations  to  prevent
     9  the  harassment and for the protection of marine mammals and sea turtles
    10  within the marine mammal and sea turtle protection area.
    11  § 11-2052. The marine mammal and sea  turtle  protection  area  advisory
    12               committee.
    13    There shall be created within the department the marine mammal and sea
    14  turtle protection area advisory committee whose non-governmental members
    15  shall  serve  without pay, meet not less than twice each year, and whose
    16  sole purpose shall be  to  advise  as  to  the  management,  educational
    17  research  and utilization of the marine mammal and sea turtle protection
    18  area. Provided, however, the utilization of such area shall be  consist-
    19  ent  with  the  mission of the department pursuant to section 11-2050 of
    20  this title. In addition to representatives of the department, the  advi-
    21  sory  committee  shall  consist  of, but not be limited to one represen-
    22  tative each from the department of state, the marine resources  advisory
    23  board,  the  office  of parks, recreation and historic preservation, the
    24  state museum, American museum of natural history, Cornell laboratory  of
    25  ornithology, environmental groups, marine education and research groups,
    26  the  dean  of  the  marine  sciences research center at Stony Brook, the
    27  Suffolk county executive, and  the  town  supervisors  of  Southold  and
    28  Brookhaven. The commissioner may appoint additional members as appropri-
    29  ate, who shall serve at his or her pleasure.
    30    § 2. This act is not intended to impose new fishing restrictions.
    31    §  3.  This  act shall take effect immediately and shall expire and be
    32  deemed repealed April 1, 2027.