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S5002Senate2015-2016 SessionSame asA7855

Relates to extending the authority of the department of environmental conservation to manage Atlantic cod

Sponsor Phil BoyleSD-4Affects Environment & Energy
Status
Senate Floor Calendar
Impact
Pending
Outcome
Companion signed

Bill progress

Signed via A7855

What's happening

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Who cares

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Sponsors

Primary sponsor
Phil Boyle

Senator · Senate District 4

Chair, Commerce, Economic Development And Small Business

No co-sponsors yet.

History

  1. Substituted by A7855
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.1197
  5. Referred to environmental conservation

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A7855Assembly

Relates to extending the authority of the department of environmental conservation to manage Atlantic cod

Signed by Governor · Sponsor Patricia Fahy

Signed into law

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S5002

Title of bill

An act to amend the environmental conservation law, in relation to extending the authority of the department of environmental conservation to manage Atlantic cod

Purpose of the Bill:

The purpose of this bill is to extend the authority of the Department of Environmental Conservation (DEC) to manage Atlantic Cod.

Summary of Provisions:

Section 1 of this bill amends Environmental Conservation Law (ECL)

§ 13-0339-a(1)(a) to extend, until December 31, 2017, DEC's authority to fix by regulation measures for the management of Atlantic cod (Gadus morhua).

Section 2 of this bill provides that the bill shall take effect immediately.

Existing Law:

ECL § 13-0339-a(1)(a) grants DEC regulatory authority, until December 31, 2015, for the management of Atlantic cod.

Prior Legislative History:

ECL § 13-1339-a was added by Chapter 196 of the Laws of 1999. This authority was last extended by Chapter 35 of the Laws of 2013.

Statement in Support:

DEC's regulatory authority for Atlantic cod is necessary to preserve the current regulatory program. Failure to extend the existing regulatory authority by December 31, 2015 would result in the loss of regulatory protection for these species.

This bill would extend DEC's regulatory authority for Atlantic Cod for an additional two years, and ensure that DEC continues to be able to maintain compliance with any applicable federal management plan or Interstate Fishery Management Plan (FMP). ECL § 13-0105, which sets forth the marine fisheries conservation and management policy, provides that one of the State's objectives shall be that the management of the State's transboundary and migratory species shall be consistent with any interjurisdictional management plans, interstate or state-federal. Moreover, failure to make necessary regulatory changes as may be required by an applicable FMP could result in the closure of New York's fishery for that species.

Atlantic cod is managed by pursuant to an FMP adopted by the New England Fishery Management Council. Atlantic cod is infrequently caught in New York waters, but is often landed in New York from fishing trips in federal waters It is important that New York have the

ability to synchronize State regulations with any amendments to the FMP and resulting changes to the federal regulations so that the applicable rules are clear and easy to enforce.

Budget implications:

None.

Local impact:

This bill would have no impact on local governments.

Effective Date:

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.