Bill Text: NY S09007 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to the authority of the department of environmental conservation to manage marine species.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-05-03 - REFERRED TO ENVIRONMENTAL CONSERVATION [S09007 Detail]
Download: New_York-2021-S09007-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9007 IN SENATE May 3, 2022 ___________ Introduced by Sen. MAY -- (at request of the Department of Environmental Conservation) -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to the authority of the department of environmental conservation to manage marine species; and to amend chapter 305 of the laws of 2013 amending the environmental conservation law relating to the management of Amer- ican lobster, in relation to the effectiveness thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 3 of section 11-0303 of the environmental 2 conservation law, as amended by chapter 258 of the laws of 2021, is 3 amended to read as follows: 4 3. The department may[, until December thirty-first, two thousand5twenty-four,] fix by regulation measures for the management of striped 6 bass, including size limits, catch and possession limits, open and 7 closed seasons, closed areas, restrictions on the manner of taking and 8 landing, requirements for permits and eligibility therefor, recordkeep- 9 ing requirements, requirements on the amount and type of fishing effort 10 and gear, and requirements relating to transportation, possession and 11 sale, provided that such regulations are no less restrictive than 12 requirements set forth in this chapter and provided further that such 13 regulations are consistent with the compliance requirements of applica- 14 ble fishery management plans adopted by the Atlantic States Marine Fish- 15 eries Commission and with applicable provisions of fishery management 16 plans adopted pursuant to the Federal Fishery Conservation and Manage- 17 ment Act (16 U.S.C. § 1800 et seq.). 18 § 2. Section 11-1303 of the environmental conservation law, as amended 19 by chapter 221 of the laws of 2019, is amended to read as follows: 20 § 11-1303. Open seasons, size and catch limits and manner of taking fish 21 fixed by regulation. 22 Notwithstanding any other provision of this chapter, the department 23 may[, until December thirty-first, two thousand twenty-two,] fix by 24 regulation open seasons, size and catch limits and manner of taking of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13668-02-2S. 9007 2 1 all species of fish in all waters of the state, except marine fish named 2 in subdivisions 2 and 3 of section 13-0339 of this chapter and except to 3 the extent that such open seasons, size and catch limits and manner of 4 taking are otherwise specifically provided for in article 13 of this 5 chapter. 6 § 3. Subdivision 3 of section 13-0323 of the environmental conserva- 7 tion law, as amended by chapter 220 of the laws of 2019, is amended to 8 read as follows: 9 3. The department may[, until December thirty-first, two thousand10twenty-two,] fix by regulation measures for the management of oysters 11 (Family Ostreidae) including size limits, catch and possession limits, 12 open and closed seasons, closed areas, restrictions on the manner of 13 taking and landing, requirements for permits and eligibility therefor, 14 recordkeeping and identification requirements, requirements on the 15 amount and type of fishing effort and gear, and requirements relating to 16 transportation, possession and sale, provided that such regulations are 17 no less restrictive than requirements set forth in this chapter. 18 § 4. Subdivision 8 of section 13-0325 of the environmental conserva- 19 tion law, as amended by chapter 219 of the laws of 2019, is amended to 20 read as follows: 21 8. The department may[, until December thirty-first, two thousand22twenty-two,] adopt by regulation measures for the management of hard 23 clams (Mercenaria mercenaria), soft or steamer clams (Mya arenaria), and 24 razor clams (Ensis sp.), including size limits, catch and possession 25 limits, open and closed seasons, closed areas, restrictions on the 26 manner of taking and landing, requirements for permits and eligibility 27 therefor, recordkeeping and identification requirements, requirements on 28 the amount and type of fishing effort and gear, and requirements relat- 29 ing to transportation, possession and sale, provided that such regu- 30 lations are no less restrictive than requirements set forth in this 31 chapter. 32 § 5. Section 13-0327 of the environmental conservation law, as amended 33 by chapter 262 of the laws of 2021, is amended to read as follows: 34 § 13-0327. Scallops. 35 The department may[, until December thirty-first, two thousand twen-36ty-four,] adopt by regulation measures for the management of scallops 37 (Family Pectinidae) including size limits, catch and possession limits, 38 open and closed seasons, closed areas, restrictions on the manner of 39 taking and landing, requirements for permits and eligibility therefor, 40 recordkeeping and identification requirements, requirements on the 41 amount and type of fishing effort and gear, and requirements relating to 42 transportation, possession and sale, provided that such regulations are 43 no less restrictive than requirements set forth in this chapter. 44 § 6. Subdivision 16 of section 13-0329 of the environmental conserva- 45 tion law, as amended by chapter 122 of the laws of 2021, is amended to 46 read as follows: 47 16. The department may[, until December thirty-first, two thousand48twenty-four,] adopt regulations for Atlantic States Marine Fisheries 49 Commission Areas One, Two, Three, Four, Five, and Outer Cape Cod, to 50 implement conservation measures that affect landings of lobsters, pursu- 51 ant to the recommendations of the respective Area's Lobster Conservation 52 Management Team as required by the Interstate Fishery Management Plan 53 for American Lobster adopted by the Atlantic States Marine Fisheries 54 Commission. 55 § 7. Section 6 of chapter 305 of the laws of 2013, amending the envi- 56 ronmental conservation law relating to the management of AmericanS. 9007 3 1 lobster, as amended by chapter 122 of the laws of 2021, is amended to 2 read as follows: 3 § 6. This act shall take effect on the thirtieth day after it shall 4 have become a law; provided that subdivision 17 of section 13-0329 of 5 the environmental conservation law, as added by section two of this act, 6 shall expire and be deemed repealed December 31, [2024] 2027. 7 § 8. Subdivision 6 of section 13-0330 of the environmental conserva- 8 tion law, as amended by section 1 of item P of subpart A of part XXX of 9 chapter 58 of the laws of 2020, is amended to read as follows: 10 6. The department may[, until December thirty-first, two thousand11twenty-three,] fix by regulation measures for the management of whelk or 12 conch (Busycon and Busycotypus spp.), including size limits, catch and 13 possession limits, open and closed seasons, closed areas, restrictions 14 on the manner of taking and landing, requirements for permits and eligi- 15 bility therefor, recordkeeping requirements, requirements on the amount 16 and type of fishing effort and gear, and requirements relating to trans- 17 portation, possession and sale, provided that such regulations are no 18 less restrictive than requirements set forth in this chapter and 19 provided further that such regulations are consistent with the compli- 20 ance requirements of applicable fishery management plans adopted by the 21 Atlantic States Marine Fisheries Commission and with applicable 22 provisions of fishery management plans adopted pursuant to the Federal 23 Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.). 24 § 9. Subdivision 7 of section 13-0331 of the environmental conserva- 25 tion law, as amended by section 1 of item J of subpart A of part XXX of 26 chapter 58 of the laws of 2020, is amended to read as follows: 27 7. The department may[, until December thirty-first, two thousand28twenty-three,] fix by regulation measures for the management of crabs of 29 any kind including horseshoe crabs (Limulus sp.), including size limits, 30 catch and possession limits, open and closed seasons, closed areas, 31 restrictions on the manner of taking and landing, requirements for 32 permits and eligibility therefor, recordkeeping requirements, require- 33 ments on the amount and type of fishing effort and gear, and require- 34 ments relating to transportation, possession and sale, provided that 35 such regulations are no less restrictive than requirements set forth in 36 this chapter and provided further that such regulations are consistent 37 with the compliance requirements of applicable fishery management plans 38 adopted by the Atlantic States Marine Fisheries Commission and with 39 applicable provisions of fishery management plans adopted pursuant to 40 the Federal Fishery Conservation and Management Act (16 U.S.C. § 1800 et 41 seq.). 42 § 10. Subdivision 4 of section 13-0338 of the environmental conserva- 43 tion law, as amended by section 1 of item N of subpart A of part XXX of 44 chapter 58 of the laws of 2020, is amended to read as follows: 45 4. The department may[, until December thirty-first, two thousand46twenty-three,] fix by regulation measures for the management of sharks, 47 including size limits, catch and possession limits, open and closed 48 seasons, closed areas, restrictions on the manner of taking and landing, 49 requirements for permits and eligibility therefor, recordkeeping 50 requirements, requirements on the amount and type of fishing effort and 51 gear, and requirements relating to transportation, possession and sale, 52 provided that such regulations are no less restrictive than requirements 53 set forth in this chapter and provided further that such regulations are 54 consistent with the compliance requirements of applicable fishery 55 management plans adopted by the Atlantic States Marine Fisheries Commis- 56 sion and with applicable provisions of fishery management plans adoptedS. 9007 4 1 pursuant to the Federal Fishery Conservation and Management Act (16 2 U.S.C. §1800 et seq.). 3 § 11. Subdivision 1 of section 13-0339-a of the environmental conser- 4 vation law, as amended by chapter 293 of the laws 2011, paragraph a as 5 amended by section 1 of item F of subpart A of part XXX of chapter 58 of 6 the laws of 2020, paragraph b as amended by chapter 235 of the laws of 7 2019, paragraph c as amended by section 1 of item E of subpart A of part 8 XXX of chapter 58 of the laws of 2020, paragraph d as amended by section 9 1 of item G of subpart A of part XXX of chapter 58 of the laws of 2020, 10 paragraph e as amended by chapter 229 of the laws of 2019, paragraph f 11 as amended by chapter 230 of the laws of 2019, paragraph g as amended by 12 section 1 of item I of subpart A of part XXX of chapter 58 of the laws 13 of 2020, paragraph h as amended by section 1 of item O of subpart A of 14 part XXX of chapter 58 of the laws of 2020, and paragraph i as amended 15 by chapter 237 of the laws of 2019, is amended to read as follows: 16 1. The department may fix, by regulation, measures for the management 17 of the following species: 18 a. Atlantic cod (Gadus morhua) [until December thirty-first, two thou-19sand twenty-three], 20 b. American eel (Anguilla rostrata) [until December thirty-first, two21thousand twenty-two], 22 c. Atlantic and shortnose sturgeon (Acipenser oxyrhynchus and brevi- 23 rostrum) [until December thirty-first, two thousand twenty-three], 24 d. Atlantic herring (Clupea harengus) [until December thirty-first,25two thousand twenty-three], 26 e. American shad (Alosa sapidissima) [until December thirty-first, two27thousand twenty-two], 28 f. alewife (Alosa pseudoharengus) [until December thirty-first, two29thousand twenty-two], 30 g. blueback herring (Alosa aestivalis) [until December thirty-first,31two thousand twenty-three], 32 h. squid (cephalopoda) [until December thirty-first, two thousand33twenty-three], and 34 i. hickory shad (Alosa mediocris) [until December thirty-first, two35thousand twenty-two]. 36 § 12. Section 13-0340 of the environmental conservation law, as 37 amended by chapter 218 of the laws of 2019, is amended to read as 38 follows: 39 § 13-0340. Bluefish (Pomatomus saltatrix). 40 The department may[, until December thirty-first, two thousand twen-41ty-two,] fix by regulation measures for the management of bluefish 42 (Pomatomus saltatrix), including size limits, catch and possession 43 limits, open and closed seasons, closed areas, restrictions on the 44 manner of taking and landing, requirements for permits and eligibility 45 therefor, recordkeeping requirements, requirements on the amount and 46 type of fishing effort and gear, and requirements relating to transpor- 47 tation, possession and sale, provided that such regulations are no less 48 restrictive than requirements set forth in this chapter and provided 49 further that such regulations are consistent with the compliance 50 requirements of applicable fishery management plans adopted by the 51 Atlantic States Marine Fisheries Commission and with applicable 52 provisions of fishery management plans adopted pursuant to the Federal 53 Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.). 54 § 13. Section 13-0340-a of the environmental conservation law, as 55 amended by chapter 238 of the laws of 2019, is amended to read as 56 follows:S. 9007 5 1 § 13-0340-a. Weakfish (Cynoscion regalis). 2 The department may[, until December thirty-first, two thousand twen-3ty-two,] fix by regulation measures for the management of weakfish 4 (Cynoscion regalis), including size limits, catch and possession limits, 5 open and closed seasons, closed areas, restrictions on the manner of 6 taking and landing, requirements for permits and eligibility therefor, 7 recordkeeping requirements, requirements on the amount and type of fish- 8 ing effort and gear, and requirements relating to transportation, 9 possession and sale, provided that such regulations are no less restric- 10 tive than requirements set forth in this chapter and provided further 11 that such regulations are consistent with the compliance requirements of 12 applicable fishery management plans adopted by the Atlantic States 13 Marine Fisheries Commission and with applicable provisions of fishery 14 management plans adopted pursuant to the Federal Fishery Conservation 15 and Management Act (16 U.S.C. § 1800 et seq.). 16 § 14. Section 13-0340-b of the environmental conservation law, as 17 amended by section 1 of item L of subpart A of part XXX of chapter 58 of 18 the laws of 2020, is amended to read as follows: 19 § 13-0340-b. Fluke - summer flounder (Paralichthys dentatus). 20 The department may[, until December thirty-first, two thousand twen-21ty-three,] fix by regulation measures for the management of fluke or 22 summer flounder (Paralichthys dentatus), including size limits, catch 23 and possession limits, open and closed seasons, closed areas, 24 restrictions on the manner of taking and landing, requirements for 25 permits and eligibility therefor, recordkeeping requirements, require- 26 ments on the amount and type of fishing effort and gear, and require- 27 ments relating to transportation, possession and sale, provided that 28 such regulations are no less restrictive than requirements set forth in 29 this chapter and provided further that such regulations are consistent 30 with the compliance requirements of applicable fishery management plans 31 adopted by the Atlantic States Marine Fisheries Commission and with 32 applicable provisions of fishery management plans adopted pursuant to 33 the Federal Fishery Conservation and Management Act (16 U.S.C. § 1800 et 34 seq.). 35 § 15. Section 13-0340-c of the environmental conservation law, as 36 amended by section 1 of item Q of subpart A of part XXX of chapter 58 of 37 the laws of 2020, is amended to read as follows: 38 § 13-0340-c. Winter flounder (Pleuorenectes americanus). 39 The department may[, until December thirty-first, two thousand twen-40ty-three,] fix by regulation measures for the management of winter 41 flounder (Pleuorenectes americanus), including size limits, catch and 42 possession limits, open and closed seasons, closed areas, restrictions 43 on the manner of taking and landing, requirements for permits and eligi- 44 bility therefor, recordkeeping requirements, requirements on the amount 45 and type of fishing effort and gear, and requirements relating to trans- 46 portation, possession and sale, provided that such regulations are no 47 less restrictive than requirements set forth in this chapter and 48 provided further that such regulations are consistent with the compli- 49 ance requirements of applicable fishery management plans adopted by the 50 Atlantic States Marine Fisheries Commission and with applicable 51 provisions of fishery management plans adopted pursuant to the Federal 52 Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.). 53 § 16. Subdivision 1 of section 13-0340-d of the environmental conser- 54 vation law, as amended by chapter 236 of the laws of 2019, is amended to 55 read as follows:S. 9007 6 1 1. The department may[, until December thirty-first, two thousand2twenty-two,] fix by regulation measures for the management of blackfish 3 (Tautoga onitis), including size limits, catch and possession limits, 4 open and closed seasons, closed areas, restrictions on the manner of 5 taking and landing, requirements for permits and eligibility therefor, 6 recordkeeping requirements, requirements on the amount and type of fish- 7 ing effort and gear, and requirements relating to transportation, 8 possession and sale, provided that such regulations are no less restric- 9 tive than requirements set forth in this chapter and provided further 10 that such regulations are consistent with the compliance requirements of 11 applicable fishery management plans adopted by the Atlantic States 12 Marine Fisheries Commission and with applicable provisions of fishery 13 management plans adopted pursuant to the Federal Fishery Conservation 14 and Management Act (16 U.S.C. § 1800 et seq.). 15 § 17. Section 13-0340-e of the environmental conservation law, as 16 amended by section 1 of item M of subpart A of part XXX of chapter 58 of 17 the laws of 2020, is amended to read as follows: 18 § 13-0340-e. Scup (Stenotomus chrysops). 19 The department may[, until December thirty-first, two thousand twen-20ty-three,] fix by regulation measures for the management of scup (Steno- 21 tomus chrysops), including size limits, catch and possession limits, 22 open and closed seasons, closed areas, restrictions on the manner of 23 taking and landing, requirements for permits and eligibility therefor, 24 recordkeeping requirements, requirements on the amount and type of fish- 25 ing effort and gear, and requirements relating to transportation, 26 possession and sale, provided that such regulations are no less restric- 27 tive than requirements set forth in this chapter and provided further 28 that such regulations are consistent with the compliance requirements of 29 applicable fishery management plans adopted by the Atlantic States 30 Marine Fisheries Commission and with applicable provisions of fishery 31 management plans adopted pursuant to the Federal Fishery Conservation 32 and Management Act (16 U.S.C. § 1800 et seq.). 33 § 18. Section 13-0340-f of the environmental conservation law, as 34 amended by section 1 of item H of subpart A of part XXX of chapter 58 of 35 the laws of 2020, is amended to read as follows: 36 § 13-0340-f. Black sea bass (Centropristis striata). 37 The department may[, until December thirty-first, two thousand twen-38ty-three,] fix by regulation measures for the management of black sea 39 bass (Centropristis striata), including size limits, catch and 40 possession limits, open and closed seasons, closed areas, restrictions 41 on the manner of taking and landing, requirements for permits and eligi- 42 bility therefor, recordkeeping requirements, requirements on the amount 43 and type of fishing effort and gear and requirements relating to trans- 44 portation, possession and sale, provided that such regulations are no 45 less restrictive than requirements set forth in this chapter and 46 provided further that such regulations are consistent with the compli- 47 ance requirements of applicable fishery management plans adopted by the 48 Atlantic States Marine Fisheries Commission and with applicable 49 provisions of fishery management plans adopted pursuant to the Federal 50 Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.). 51 § 19. Section 13-0340-g of the environmental conservation law, as 52 amended by chapter 123 of the laws of 2021, is amended to read as 53 follows: 54 § 13-0340-g. Monkfish (Lophius americanus, Lophius reticulatus and 55 Lophius gastrophysus).S. 9007 7 1 The department may[, until December thirty-first, two thousand twen-2ty-four,] fix by regulation measures for the management of monkfish 3 (Lophius americanus, Lophius reticulatus and Lophius gastrophysus), 4 including size limits, catch and possession limits, open and closed 5 seasons, closed areas, restrictions on the manner of taking and landing, 6 requirements for permits and eligibility therefor, recordkeeping 7 requirements, requirements on the amount and type of fishing effort and 8 gear, and requirements relating to transportation, possession and sale, 9 provided that such regulations are no less restrictive than requirements 10 set forth in this chapter and provided further that such regulations are 11 consistent with the compliance requirements of applicable fishery 12 management plans adopted by the Atlantic States Marine Fisheries Commis- 13 sion and with applicable provisions of fishery management plans adopted 14 pursuant to the Federal Fishery Conservation and Management Act (16 15 U.S.C. § 1800 et seq.). 16 § 20. Subdivision 3 of section 13-0360 of the environmental conserva- 17 tion law, as amended by section 1 of item K of subpart A of part XXX of 18 chapter 58 of the laws of 2020, is amended to read as follows: 19 3. Notwithstanding any other provision of this chapter, the department 20 may[, until December thirty-first, two thousand twenty-three,] adopt 21 regulations restricting the taking of fish, shellfish and crustacea in 22 any special management area designated pursuant to subdivision two of 23 this section. Such regulations may restrict the manner of taking of 24 fish, shellfish and crustacea in such areas and the landing of fish, 25 shellfish and crustacea which have been taken therefrom. Such regu- 26 lations shall be consistent with all relevant federal and interstate 27 fisheries management plans and with the marine fisheries conservation 28 and management policy set forth in section 13-0105 of this article. 29 § 21. Article 13 of the environmental conservation law is amended by 30 adding a new title 9 to read as follows: 31 TITLE 9 32 MARINE MAMMALS AND SEA TURTLES PROTECTION ACT 33 Section 13-0901. Short title. 34 13-0903. Definitions. 35 13-0905. Department authority. 36 § 13-0901. Short title. 37 This act shall be known and may be cited as the "marine mammals and 38 sea turtles protection act". 39 § 13-0903. Definitions. 40 1. For purposes of this title, the following definitions shall apply: 41 a. "Marine mammal" means any mammal which: (i) is morphologically 42 adapted to the marine environment (including members of the orders Sire- 43 nia, Pinnipedia and Cetacea), or (ii) primarily inhabits the marine 44 environment. 45 b. "Sea turtle" means the following species of marine reptiles: 46 loggerhead sea turtle (Caretta caretta), kemp's ridley sea turtle (Lepi- 47 dochelys kempi), green sea turtle (Chelonia mydas), leatherback sea 48 turtle (Dermochelys coriacea) and hawksbill sea turtle (Eretmochelys 49 imbricate). 50 § 13-0905. Department authority. 51 The department hereby is authorized to adopt regulations for the 52 protection of marine mammals and sea turtles, including but not limited 53 to measures to prevent harassment, such as restrictions on viewing, 54 feeding, and interacting with marine mammals and sea turtles. 55 § 22. This act shall take effect immediately.