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A10269 Summary:

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A10269 Floor Votes:

A10269 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10269--B
                                                                Cal. No. 763
 
                   IN ASSEMBLY
 
                                     March 16, 2010
                                       ___________
 
        Introduced by M. of A. SWEENEY, WEISENBERG, ENGLEBRIGHT, THIELE, LAVINE,
          SCHIMEL, COLTON -- read once and referred to the Committee on Environ-
          mental  Conservation  --  reported from committee, advanced to a third
          reading, amended and ordered reprinted, retaining  its  place  on  the

          order  of  third  reading  --  passed by Assembly and delivered to the
          Senate, recalled from the Senate,  vote  reconsidered,  bill  amended,
          ordered  reprinted,  retaining its place on the special order of third
          reading
 
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          establishing the seagrass protection act
 
          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 7 to read as follows:
     3                                    TITLE 7
     4                           SEAGRASS PROTECTION ACT
     5  Section 13-0701. Short title.
     6          13-0703. Definitions.
     7          13-0705. Departmental responsibilities.

     8          13-0707. Fertilizer reduction in coastal communities.
     9  § 13-0701. Short title.
    10    This act shall be known and may be cited as  the  seagrass  protection
    11  act.
    12  § 13-0703. Definitions.
    13    1.  "Coastal community" shall mean a municipal corporation, as defined
    14  in section two of the general municipal law, in Nassau and Suffolk coun-
    15  ties.
    16    2. "Fertilizer" shall mean a commercial fertilizer distributed  prima-
    17  rily  for non-farm use, such as home gardens, lawns, shrubbery, flowers,
    18  municipal golf courses and municipal parks.
    19    3. "Seagrass" shall mean rooted,  vascular,  flowering  marine  plants
    20  that  are  submerged  in  New  York's bays and coastal waters, including

    21  Zostera marina and Ruppia maritime.
    22  § 13-0705. Departmental responsibilities.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16347-04-0
        A. 10269--B                         2
 
     1    1. The department shall have the authority to adopt  rules  and  regu-
     2  lations to regulate coastal and marine activities that threaten seagrass
     3  beds or seagrass restoration efforts, including the designation of seag-
     4  rass  management  areas  pursuant  to seagrass management plans.  Desig-
     5  nation  of  such  areas  shall include consideration, on a geographic or

     6  estuarine basis, of likely threats to seagrass.
     7    2. For each designated seagrass management area, the department  shall
     8  develop and adopt a seagrass management plan to guide the development of
     9  rules and regulations pursuant to subdivision one of this section.  Such
    10  plan  shall  be  developed  after  consultation  with local governments,
    11  representatives of recreational boating interests, the marine  industry,
    12  affected  property  owners  and other stakeholders, so as to effectively
    13  manage and protect seagrass beds and seagrass  restoration  efforts.  In
    14  addition,  seagrass  management plans shall seek to preserve traditional
    15  recreational activities, including recreational boating and marina oper-

    16  ations, as well as finfishing, shellfishing and tourism  while  ensuring
    17  such  activities do not threaten seagrass beds or negate seagrass resto-
    18  ration efforts.
    19    3. The department shall have the authority  to  restrict  the  use  of
    20  mechanical-powered  fishing  or shellfishing gear which may impact seag-
    21  rass beds, including churning, dredges, rakes and tongs.
    22    4. The department shall identify pesticides and  herbicides  that  are
    23  toxic  to seagrass and make recommendations concerning restricting their
    24  use in coastal areas.
    25    5. The department shall make information concerning the importance  of
    26  seagrass  protection  and  the  status  of  seagrass restoration efforts
    27  available on the department website.

    28  § 13-0707. Fertilizer reduction in coastal communities.
    29    1. A person in a coastal community may not apply a fertilizer contain-
    30  ing the plant nutrient phosphorus after November first and before  April
    31  first.
    32    2.  Any  local  law  or ordinance of any county, or of any city with a
    33  population of one million  or  more,  which  is  inconsistent  with  the
    34  provisions  of  this  title  shall not be preempted if such local law or
    35  ordinance provides environmental protection equal to or greater than the
    36  provisions of this title.
    37    § 2. This act shall take effect on the one hundred fiftieth day  after
    38  it shall have become a law.