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

---

                           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.