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S7266Senate2015-2016 SessionSame asA10112

Extends until December 31, 2019, the authority of the department of environmental conservation to regulate the taking and landing of American shad

Sponsor Jack M. MartinsSD-7Affects Environment & Energy
Status
Senate Floor Calendar
Impact
Pending
Outcome
Companion signed

Bill progress

Signed via A10112

What's happening

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Who cares

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Sponsors

Primary sponsor
Jack M. Martins

Senator · Senate District 7

Chair, Labor

No co-sponsors yet.

History

  1. Substituted by A10112
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.1341
  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.

A10112Assembly

Extends until December 31, 2019, the authority of the department of environmental conservation to regulate the taking and landing of American shad

Signed by Governor · Sponsor Kenneth Zebrowski

Signed into law

Full text

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

Sponsor's memo

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 the American shad

Purpose of the bill

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

Summary of provisions

Section 1 of this bill would amend Environmental Conservation Law (ECL) § 13-0339-a(1)(e) to extend, until December 31, 2019, DEC's authority to fix by regulation measures for the management of American shad (Alosa sapidissima). Section 2 of this bill would make it effective immediately.

Justification

DEC's regulatory authority for American shad is necessary in order to preserve the current regulatory program. Failure to extend the existing regulatory authority by December 31, 2016 will result in the loss of regulatory protection for American shad.

American shad are managed pursuant to the Interstate Fishery Management Plan (FMP) for Shad and River Herring adopted by the Atlantic States Marine Fisheries Commission (ASMFC). This bill would extend DEC's regulatory authority for American shad for an additional three years, and ensure that DEC continues to be able to maintain compliance with the 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.

In March of 2011, to allow for stock recovery, DEC closed both the recreational and commercial American shad fisheries in the Hudson River and tributaries north of the George Washington Bridge; due to its regulatory authority, DEC was able to act quickly in response to the most recent stock assessment showing that American shad abundance is at an all-time low.

Prior legislative history

ECL § 13-1339-a was added by Chapter 196 of the Laws of 1999. This authority was last extended by Chapter 165 of the Laws of 2014.

Fiscal implications

None.

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.