Bill Text: NY S04287 | 2011-2012 | General Assembly | Amended

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Bill Title: Establishes the seagrass protection act; defines terms; outlines department of environmental conservation's responsibilities in developing seagrass management areas.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2011-06-22 - SUBSTITUTED BY A7988 [S04287 Detail]

Download: New_York-2011-S04287-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4287--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    March 28, 2011
                                      ___________
       Introduced  by  Sen. JOHNSON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Environmental Conservation
         -- 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 seagrass protection act
         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                           SEAGRASS PROTECTION ACT
    5  SECTION 13-0701. SHORT TITLE.
    6          13-0703. DEFINITIONS.
    7          13-0705. DEPARTMENTAL RESPONSIBILITIES.
    8  S 13-0701. SHORT TITLE.
    9    THIS  ACT  SHALL  BE KNOWN AND MAY BE CITED AS THE SEAGRASS PROTECTION
   10  ACT.
   11  S 13-0703. DEFINITIONS.
   12    1. "COASTAL COMMUNITY" SHALL MEAN A MUNICIPAL CORPORATION, AS  DEFINED
   13  IN SECTION TWO OF THE GENERAL MUNICIPAL LAW, IN NASSAU AND SUFFOLK COUN-
   14  TIES.
   15    2.  "SEAGRASS"  SHALL  MEAN  ROOTED, VASCULAR, FLOWERING MARINE PLANTS
   16  THAT ARE SUBMERGED IN NEW YORK'S  BAYS  AND  COASTAL  WATERS,  INCLUDING
   17  SPARTINA ALTERNIFLORA, ZOSTERA MARINA AND RUPPIA MARITIME.
   18  S 13-0705. DEPARTMENTAL RESPONSIBILITIES.
   19    1.    THE DEPARTMENT SHALL DESIGNATE SEAGRASS MANAGEMENT AREAS. DESIG-
   20  NATION OF SUCH AREAS SHALL INCLUDE CONSIDERATION,  ON  A  GEOGRAPHIC  OR
   21  ESTUARINE BASIS, OF LIKELY THREATS TO SEAGRASS.
   22    2.  FOR EACH DESIGNATED SEAGRASS MANAGEMENT AREA, THE DEPARTMENT SHALL
   23  DEVELOP AND ADOPT A SEAGRASS MANAGEMENT PLAN TO GUIDE THE DEVELOPMENT OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10538-02-1
       S. 4287--A                          2
    1  RULES AND REGULATIONS PURSUANT TO SUBDIVISION  THREE  OF  THIS  SECTION.
    2  SUCH  PLAN SHALL BE DEVELOPED AFTER CONSULTATION WITH LOCAL GOVERNMENTS,
    3  REPRESENTATIVES OF RECREATIONAL BOATING INTERESTS, THE MARINE  INDUSTRY,
    4  AFFECTED  PROPERTY  OWNERS, AND OTHER STAKEHOLDERS, SO AS TO EFFECTIVELY
    5  MANAGE AND PROTECT SEAGRASS BEDS AND SEAGRASS RESTORATION EFFORTS.  SUCH
    6  PLANS SHALL, TO THE EXTENT PRACTICABLE,  TAKE  INTO  CONSIDERATION,  THE
    7  GOALS  OF  EXISTING ESTUARY PROGRAMS.   IN ADDITION, SEAGRASS MANAGEMENT
    8  PLANS  SHALL  SEEK  TO  PRESERVE  TRADITIONAL  RECREATIONAL  ACTIVITIES,
    9  INCLUDING  RECREATIONAL  BOATING AND MARINA OPERATIONS, AS WELL AS FINF-
   10  ISHING, SHELLFISHING AND TOURISM WHILE ENSURING SUCH ACTIVITIES  DO  NOT
   11  THREATEN SEAGRASS BEDS OR NEGATE SEAGRASS RESTORATION EFFORTS.
   12    3.  THE  DEPARTMENT  SHALL HAVE THE AUTHORITY TO ADOPT RULES AND REGU-
   13  LATIONS TO REGULATE COASTAL AND MARINE ACTIVITIES THAT THREATEN SEAGRASS
   14  BEDS OR SEAGRASS RESTORATION EFFORTS.
   15    4. THE DEPARTMENT SHALL HAVE THE AUTHORITY  TO  RESTRICT  THE  USE  OF
   16  MECHANICAL-POWERED  FISHING  OR SHELLFISHING GEAR WHICH MAY IMPACT SEAG-
   17  RASS BEDS, INCLUDING CHURNING, DREDGES, RAKES AND TONGS.
   18    5. THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF  AGRICULTURE
   19  AND  MARKETS, SHALL IDENTIFY PESTICIDES AND HERBICIDES THAT ARE TOXIC TO
   20  SEAGRASS AND MAKE RECOMMENDATIONS CONCERNING RESTRICTING  THEIR  USE  IN
   21  COASTAL AREAS.
   22    6.  THE DEPARTMENT SHALL IDENTIFY WATER QUALITY IMPACTS SUCH AS NITRO-
   23  GEN POLLUTION AND MAKE RECOMMENDATIONS ON HOW TO MINIMIZE SUCH IMPACTS.
   24    7. THE DEPARTMENT SHALL MAKE INFORMATION CONCERNING THE IMPORTANCE  OF
   25  SEAGRASS  PROTECTION  AND  THE  STATUS  OF  SEAGRASS RESTORATION EFFORTS
   26  AVAILABLE ON THE DEPARTMENT WEBSITE.
   27    S 2. This act shall take effect on the one hundred fiftieth day  after
   28  it shall have become a law.