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S5712Senate2017-2018 SessionSame asA8273

Extend Herring Management Authority

Official title

“Relates to management of Atlantic herring”

Sponsor Carl L. MarcellinoSD-5Affects Environment & Energy
Status
Senate Floor Calendar
Impact
3/10
Low
Outcome
Companion signed

Bill progress

Signed via A8273

What's happening

The bill extends the Department of Environmental Conservation's authority to manage Atlantic herring until December 31, 2020.

Why it matters

  1. Continued local oversight. By extending the Department of Environmental Conservation’s (DEC) authority, the bill allows New York to keep managing Atlantic herring populations at the state level instead of defaulting to federal control, which can ensure management plans are tailored to local ecological and economic needs.

  2. Support for sustainable fisheries. Ongoing state management can help maintain sustainable herring populations, which is crucial for the health of marine ecosystems and for the long-term viability of the fishing industry dependent on this species.

  3. Regulatory stability for industry. The extension provides regulatory continuity for commercial fishers and related businesses, reducing uncertainty about rules and permitting, and helping them plan ahead for upcoming seasons.

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Who cares

Headline styles

Extend Herring Management Authority

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Carl L. Marcellino

Senator · Senate District 5

Chair, Education

No co-sponsors yet.

History

  1. Substituted by A8273
  2. Ordered to third reading cal.2129
  3. Committee discharged and committed to rules
  4. 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.

A8273Assembly

Extend Herring Protections

Signed by Governor · Sponsor Stacey Pheffer Amato

Impact 3 · LowSigned into law

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5712

2017-2018 Regular Sessions

IN SENATE

April 26, 2017

Introduced by Sen. MARCELLINO -- (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 extending the authority of the department of environmental conservation to manage Atlantic herring

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Paragraph d of subdivision 1 of section 13-0339-a of the environmental conservation law, as amended by chapter 138 of the laws of 2015, is amended to read as follows:

d. Atlantic herring (Clupea harengus) until December thirty-first, two thousand [seventeen] twenty,

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD09938-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

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 Atlantic herring

Purpose of the bill

The purpose of this bill is to extend the authority of the Department of Environmental Conservation (DEC) to manage Atlantic herring. Summary of Provisions:

Section 1 of this bill would amend Environmental Conservation Law (ECL) § 13-0339-a(1)(d) to extend, until December 31, 2020, DEC's authority to fix by regulation measures for the management of Atlantic herring (Clupea harengus).

Section 2 of this bill would make it effective immediately.

Justification

DEC's regulatory authority for Atlantic herring is necessary to preserve the current regulatory program. Failure to extend the existing regulatory authority by December 31, 2017 will result in the loss of regulatory protection for these species.

This bill would extend DEC's regulatory authority for Atlantic herring for an additional three years, and ensure that DEC continues to be able to maintain compliance with any applicable federal management plan or Interstate Fishery Management Plan (FMP) adopted by the Atlantic States Marine Fisheries Commission (ASMFC). 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. 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.

Prior legislative history

ECL § 13-1339-a was added by Chapter 196 of the Laws of 1999. This authority was last extended by Chapter 138 of the Laws of 2015.

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.