Establishes the marine life protection task force within the department of environmental conservation; such task force is directed to determine the laws, rules and regulations providing protection to marine life in the marine and coastal district and assess the effectiveness thereof; also shall be required to inventory and map the various species of marine life at the sites within the marine and coastal district, and determine whether such species need further protection; the task force shall propose a marine life protection plan and a timetable for the implementation thereof to the commissioner of environmental conservation, governor and legislative leaders to assure adequate protection of marine life in the state; such plan shall include proposed legislation; such task force shall study the feasibility of municipal regulation of marine life reserves.
STATE OF NEW YORK
________________________________________________________________________
5024
2013-2014 Regular Sessions
IN ASSEMBLY
February 14, 2013
___________
Introduced by M. of A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
COLTON, CYMBROWITZ, HEASTIE -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
establishing the marine life protection task force and providing for
the powers and duties thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 13 of the environmental conservation law is amended
2 by adding a new title 9 to read as follows:
3 TITLE 9
4 MARINE LIFE PROTECTION
5 Section 13-0901. Legislative intent.
6 13-0903. Definitions.
7 13-0905. Marine life protection task force.
8 13-0907. Task force; powers and duties.
9 13-0909. Reports and recommendations.
10 § 13-0901. Legislative intent.
11 The legislature hereby finds that:
12 1. New York's extraordinary marine biological diversity is a vital
13 asset to the state and nation. The diversity of species and ecosystems
14 found in the state's marine and coastal district is important to public
15 health and well-being, ecological health, and ocean-dependent industry;
16 2. Coastal development, water pollution and other human activities
17 threaten the health of marine habitat and the biological diversity found
18 in New York's marine and coastal district. New technologies and demands
19 have encouraged the expansion of fishing and other activities to former-
20 ly inaccessible marine areas that once recharged nearby fisheries. As a
21 result, ecosystems throughout the state's marine and coastal district
22 are being altered, often at a rapid rate;
23 3. Fish and other sea life are sustainable resources, and fishing is
24 an important state asset. Marine protected areas and sound fishery
25 management are complementary components of a comprehensive effort to
26 sustain marine habitats and fisheries;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08770-01-3
A. 5024 2
1 4. Understanding of the impacts of human activities and the processes
2 required to sustain the abundance and diversity of marine life is limit-
3 ed. The designation of certain areas as sea life reserves can help
4 expand the legislature's knowledge by providing baseline information and
5 improving the understanding of ecosystems where minimal disturbance
6 occurs;
7 5. Marine life reserves are essential to the protection of habitats
8 and ecosystems, conservation of biological diversity, provision of sanc-
9 tuaries for fish and other sea life, enhancement of recreational and
10 educational opportunities, provision of a reference point against which
11 scientists can measure changes elsewhere in the marine and coastal
12 district, and rebuilding depleted fisheries;
13 6. There is a need to examine and augment the state's laws to increase
14 their coherence and effectiveness at protecting New York's marine life,
15 habitat and ecosystems; and
16 7. To improve the management and protection of the state's marine
17 life, it is necessary to establish a task force, within the department,
18 to propose a marine life protection plan to be enacted into law by the
19 legislature.
20 § 13-0903. Definitions.
21 For the purposes of this title:
22 1. "Marine life reserve" shall mean a marine protected area in which
23 all extractive activities, including the taking of marine species and,
24 if necessary, other activities which upset the natural ecological func-
25 tions of the area shall be prohibited. While, to the extent feasible,
26 such area shall be open to the public for managed enjoyment and study,
27 the area is to be maintained in an undisturbed and unpolluted state.
28 2. "Task force" shall mean the marine life protection task force
29 established pursuant to section 13-0905 of this title.
30 § 13-0905. Marine life protection task force.
31 1. There is hereby established, within the department, the marine life
32 protection task force. Such task force shall be composed of thirteen
33 members. The director of the marine sciences research center of the
34 state university of New York at Stony Brook, or his or her designee,
35 shall be a member of the task force and shall serve as the chair of the
36 task force. The commissioner shall appoint three members of the marine
37 resources advisory council as members of the task force. The remaining
38 nine members of the task force shall be appointed by the commissioner as
39 follows: three members shall be appointed upon the recommendation of the
40 governor, three members shall be appointed upon the recommendation of
41 the temporary president of the senate, and three members shall be
42 appointed upon the recommendation of the speaker of the assembly.
43 2. The members of the task force appointed by the commissioner shall
44 be persons who have demonstrated expertise in and concern for the
45 protection of marine life. Such members shall serve for a term of two
46 years, or until their successor has been appointed. Vacancies in the
47 membership of the task force shall be filled in the manner provided for
48 original appointments.
49 § 13-0907. Task force; powers and duties.
50 The task force shall have the following powers and duties:
51 1. to employ and at pleasure remove such personnel as it may deem
52 necessary for the performance of its functions and fix their compen-
53 sation within the amounts made available therefor;
54 2. to request, receive and utilize and be provided with such facili-
55 ties, resources and data of the department, or any department, division,
56 board, bureau, commission or agency of the state or any political subdi-
A. 5024 3
1 vision thereof as may be necessary to properly carry out its powers and
2 duties;
3 3. to determine which laws, rules and regulations govern the
4 protection of marine life in the marine and coastal district;
5 4. to assess the scope and effectiveness of such laws, rules and regu-
6 lations in protecting marine life;
7 5. to inventory and map the marine life at each site within the marine
8 and coastal district;
9 6. to determine all the species of marine life at each such site, the
10 approximate number of each species at each such site, and the level and
11 nature of protection afforded each species of marine life;
12 7. to propose a marine life protection plan, which shall include:
13 (a) protection of the natural diversity and abundance of marine life,
14 and the structure, function and integrity of marine ecosystems,
15 (b) sustenance, conservation and protection of marine life popu-
16 lations, including those of economic value, and rebuild those that are
17 depleted,
18 (c) improvement of recreational, educational and study opportunities
19 provided by marine ecosystems that are subject to minimal human disturb-
20 ance, and management of such uses in a manner consistent with protecting
21 biodiversity,
22 (d) protection of marine natural heritage, including protection of
23 representative and unique marine life habitats in the marine and coastal
24 district, and
25 (e) propose legislation, based upon sound scientific guidelines, which
26 establishes clearly defined objectives, effective management measures
27 and adequate enforcement for the protection of marine life;
28 8. to propose recommendations and legislation for the establishment
29 and regulation of marine life reserves, including no-take reserves, at
30 sites within the marine and coastal district that the task force finds
31 would benefit from such designation as a marine life reserve based on
32 the task force's research pursuant to this section;
33 9. to establish a timetable for the establishment of marine life
34 reserves at the various sites within the marine and coastal district;
35 and
36 10. to investigate and make recommendations on the feasibility and
37 effectiveness of providing enhanced municipal regulation of marine life
38 reserves.
39 § 13-0909. Reports and recommendations.
40 On or before January first each year, the task force shall issue a
41 report and its recommendations to the commissioner, governor, temporary
42 president of the senate and speaker of the assembly. Such report and
43 recommendation shall include all information derived and recommendations
44 composed pursuant to subdivisions three through ten of section 13-0907
45 of this title.
46 § 2. This act shall take effect on the first of January next succeed-
47 ing the date on which it shall have become a law; provided that the
48 commissioner of environmental conservation is authorized and directed to
49 appoint the members of the marine life protection task force pursuant to
50 section 13-0905 of the environmental conservation law, as added by
51 section one of this act, on or before such date.
