Bill Text: NY S04287 | 2011-2012 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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
S T A T E O F N E W Y O R K ________________________________________________________________________ 4287--B 2011-2012 Regular Sessions I N S E N A T E March 28, 2011 ___________ Introduced by Sens. JOHNSON, AVELLA -- 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 -- recommitted to the Committee on Environmental Conservation in accordance with Senate Rule 6, sec. 8 -- 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 ZOSTERA MARINA AND RUPPIA MARITIMA. 18 S 13-0705. DEPARTMENTAL RESPONSIBILITIES. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10538-04-2 S. 4287--B 2 1 1. THE DEPARTMENT SHALL DESIGNATE SEAGRASS MANAGEMENT AREAS. DESIG- 2 NATION OF SUCH AREAS SHALL INCLUDE CONSIDERATION, ON A GEOGRAPHIC OR 3 ESTUARINE BASIS, OF LIKELY THREATS TO SEAGRASS. 4 2. FOR EACH DESIGNATED SEAGRASS MANAGEMENT AREA, THE DEPARTMENT SHALL 5 DEVELOP AND ADOPT A SEAGRASS MANAGEMENT PLAN TO GUIDE THE DEVELOPMENT OF 6 RULES AND REGULATIONS PURSUANT TO SUBDIVISION THREE OF THIS SECTION. 7 SUCH PLAN SHALL BE DEVELOPED AFTER CONSULTATION WITH LOCAL GOVERNMENTS, 8 REPRESENTATIVES OF RECREATIONAL BOATING INTERESTS, THE MARINE INDUSTRIES 9 (INCLUDING COMMERCIAL AND RECREATIONAL SHELL FISHERMEN, AND COMMERCIAL 10 SHELL FISH FARMERS), AFFECTED PROPERTY OWNERS, AND OTHER STAKEHOLDERS, 11 SO AS TO EFFECTIVELY MANAGE AND PROTECT SEAGRASS BEDS AND SEAGRASS 12 RESTORATION EFFORTS AT THOSE LOCATIONS AT WHICH THE RESTORATION OF SEAG- 13 RASS IS REASONABLY POSSIBLE. SUCH PLANS SHALL, TO THE EXTENT PRACTICA- 14 BLE, TAKE INTO CONSIDERATION, THE GOALS OF EXISTING ESTUARY PROGRAMS. 15 IN ADDITION, SEAGRASS MANAGEMENT PLANS SHALL SEEK TO PRESERVE TRADI- 16 TIONAL RECREATIONAL ACTIVITIES, INCLUDING RECREATIONAL BOATING AND MARI- 17 NA OPERATIONS, AS WELL AS FINFISHING, SHELLFISHING AND TOURISM WHILE 18 ENSURING SUCH ACTIVITIES DO NOT THREATEN SEAGRASS BEDS OR NEGATE SEAG- 19 RASS RESTORATION EFFORTS. 20 3. THE DEPARTMENT SHALL HAVE THE AUTHORITY TO ADOPT RULES AND REGU- 21 LATIONS TO REGULATE COASTAL AND MARINE ACTIVITIES THAT THREATEN SEAGRASS 22 BEDS OR SEAGRASS RESTORATION EFFORTS. 23 4. THE DEPARTMENT SHALL HAVE THE AUTHORITY TO RESTRICT THE USE OF 24 MECHANICAL-POWERED FISHING OR SHELLFISHING GEAR WHICH MAY DIRECTLY 25 IMPACT SEAGRASS BEDS, INCLUDING CHURNING, DREDGES, RAKES AND TONGS. 26 5. THE DEPARTMENT SHALL IDENTIFY WATER QUALITY IMPACTS SUCH AS NITRO- 27 GEN POLLUTION AND MAKE RECOMMENDATIONS ON HOW TO MINIMIZE SUCH IMPACTS. 28 6. THE DEPARTMENT SHALL MAKE INFORMATION CONCERNING THE IMPORTANCE OF 29 SEAGRASS PROTECTION AND THE STATUS OF SEAGRASS RESTORATION EFFORTS 30 AVAILABLE ON THE DEPARTMENT WEBSITE. 31 S 2. This act shall take effect on the one hundred fiftieth day after 32 it shall have become a law.