What's happening
This bill extends the Department of Environmental Conservation's authority to manage winter flounder until December 31, 2020.
Why it matters
Ensures ongoing, science-based management of winter flounder populations. by allowing the Department of Environmental Conservation to continue setting rules on catch size, seasons, and gear use, which is crucial for the species' recovery and long-term sustainability.
Aligns New York's management practices with regional and federal requirements. , helping the state avoid penalties or restrictions that could result from non-compliance with the Atlantic States Marine Fisheries Commission or federal fishery plans.
Provides regulatory stability for commercial and recreational fishers. by extending the department’s authority, reducing uncertainty about future rules and supporting the fishing industry’s ability to plan for upcoming seasons.
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Who cares
Headline styles
Extend Winter Flounder Protections
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 4
No co-sponsors yet.
History
- Substituted by A8103
- Ordered to third reading cal.2130
- Committee discharged and committed to rules
- 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.
Extend Flounder Management Powers
Signed by Governor · Sponsor William Colton
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5746
2017-2018 Regular Sessions
IN SENATE
April 27, 2017
Introduced by Sen. BOYLE -- (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 winter flounder
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 13-0340-c of the environmental conservation law, as amended by chapter 136 of the laws of 2015, is amended to read as follows: § 13-0340-c. Winter flounder (Pleuorenectes americanus).
The department may, until December thirty-first, two thousand [seventeen] twenty, fix by regulation measures for the management of winter flounder (Pleuorenectes americanus), including size limits, catch and possession limits, open and closed seasons, closed areas, restrictions on the manner of taking and landing, requirements for permits and eligibility therefor, recordkeeping requirements, requirements on the amount and type of fishing effort and gear, and requirements relating to transportation, possession and sale, provided that such regulations are no less restrictive than requirements set forth in this chapter and provided further that such regulations are consistent with the compliance requirements of applicable fishery management plans adopted by the Atlantic States Marine Fisheries Commission and with applicable provisions of fishery management plans adopted pursuant to the Federal Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09922-01-7
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 winter flounder
Purpose of the bill
The purpose of this bill is to extend the authority of the Department of Environmental Conservation (DEC) to manage winter flounder.
Summary of provisions
Section 1 of this bill would amend Environmental Conservation Law (ECL) § 13-0340-c to extend, until December 31, 2020, DEC's authority to fix by regulation measures for the management of winter flounder (Pleuorenectes americanus).
Section 2 of this bill would make it effect immediately.
Justification
DEC's regulatory authority for winter flounder is necessary in order 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 winter flounder.
This bill would extend DEC's regulatory authority for an additional three years, and ensure that DEC continues to be able to maintain compliance with the Interstate Fishery Management Plan (FMP) for Inshore Stocks of Winter Flounder 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 the FMP could result in the closure of New York's winter flounder fishery.
Prior legislative history
DEC's regulatory authority was last extended by Chapter 136 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.