Bill Text: NY S04367 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Extends the authority of the department of environmental conservation to manage sharks.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2013-06-18 - SUBSTITUTED BY A7411 [S04367 Detail]

Download: New_York-2013-S04367-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4367
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    March 22, 2013
                                      ___________
       Introduced  by  Sen.  BOYLE -- (at request of the Department of Environ-
         mental 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
         definition of shark and extending the authority of the  department  of
         environmental conservation to manage sharks
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph a of subdivision 1  of  section  13-0338  of  the
    2  environmental conservation law, as amended by chapter 308 of the laws of
    3  1999, is amended to read as follows:
    4    a.  "Shark"  means  any  species  of the [order Squaliformes] SUBCLASS
    5  ELASMOBRANCHII except species in the [suborder Batoidea] ORDER BATOIDEI,
    6  and
    7    S 2. Subdivision 4 of section 13-0338 of the  environmental  conserva-
    8  tion  law,  as amended by chapter 428 of the laws of 2011, is amended to
    9  read as follows:
   10    4. The department  may,  until  December  thirty-first,  two  thousand
   11  [thirteen]  FIFTEEN,  fix  by  regulation measures for the management of
   12  sharks, including size limits, catch and  possession  limits,  open  and
   13  closed  seasons,  closed areas, restrictions on the manner of taking and
   14  landing, requirements for permits and eligibility therefor,  recordkeep-
   15  ing  requirements, requirements on the amount and type of fishing effort
   16  and gear, and requirements relating to  transportation,  possession  and
   17  sale,  provided  that  such  regulations  are  no  less restrictive than
   18  requirements set forth in this chapter and provided  further  that  such
   19  regulations  are consistent with the compliance requirements of applica-
   20  ble fishery management plans adopted by the Atlantic States Marine Fish-
   21  eries Commission and with applicable provisions  of  fishery  management
   22  plans  adopted  pursuant to the Federal Fishery Conservation and Manage-
   23  ment Act (16 U.S.C. S1800 et seq.).
   24    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08947-02-3