Prohibits the department of environmental conservation, as part of any statewide plan for fisheries management, from establishing areas closed to fishing without a prior determination that fishing is the cause of the conservation problem; requires regulations related to any such closure to provide for periodic review based on measurable conservation criteria, limit the size of the closed area, and provide for reopening such closed area whenever it is determined that the reason for the closure no longer exists.
STATE OF NEW YORK
________________________________________________________________________
4414
2009-2010 Regular Sessions
IN SENATE
April 23, 2009
___________
Introduced by Sen. O. JOHNSON -- read twice and ordered printed, and
when printed to be committed to the Committee on Environmental Conser-
vation
AN ACT to amend the environmental conservation law, in relation to
prohibiting the establishment of areas closed to fishing absent
specific criteria for such closure
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The environmental conservation law is amended by adding a
2 new section 11-0304 to read as follows:
3 § 11-0304. Freedom to fish.
4 1. Notwithstanding any other provision of law, the department shall
5 not, as part of any statewide plan for fisheries management, develop
6 plans or carry out programs and procedures which establish areas closed
7 to fishing unless:
8 (a) There is a clear indication that fishermen are the cause of a
9 specific conservation problem and that less severe conservation meas-
10 ures, such as gear restrictions, quotas, minimum size limits, possession
11 limits or closed seasons, will not adequately provide for conservation
12 and management of the affected stocks of fish;
13 (b) Regulations establishing any such closed area, include specific
14 measurable criteria to determine the conservation benefit of the closed
15 area on the affected stocks of fish and provides for review at least
16 once every three years of the continued need for the closed area;
17 (c) The closed area is no larger than that which is supported by the
18 best available scientific information; or
19 (d) Provision is made to reopen the closed area to fishing whenever
20 the conditions, designated in paragraphs (a), (b) and (c) of this subdi-
21 vision which formed the basis for the closure, no longer exist.
22 2. No provision of this section shall be deemed to preempt, overturn,
23 affect or change any other law, rule or regulation pertaining to fishing
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10956-01-9
S. 4414 2
1 in marine waters, which is in effect on the effective date of this
2 section.
3 § 2. This act shall take effect on the one hundred eightieth day after
4 it shall have become a law; provided, however, that the commissioner of
5 environmental conservation is authorized and directed to promulgate, on
6 or before such effective date, any and all rules and regulations and
7 take any other measures necessary to implement the provisions of this
8 act on its effective date.
