STATE OF NEW YORK
________________________________________________________________________
5871
2019-2020 Regular Sessions
IN SENATE
May 15, 2019
___________
Introduced by Sen. MARTINEZ -- 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
establishing the marine mammal and sea turtle protection area; and
providing for the repeal of certain provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 11 of the environmental conservation law is amended
2 by adding a new title 20-A to read as follows:
3 TITLE 20-A
4 MARINE MAMMAL AND SEA TURTLE PROTECTION AREA
5 Section 11-2050. Establishment of the marine mammal and sea turtle
6 protection area.
7 11-2052. The marine mammal and sea turtle protection area advi-
8 sory committee.
9 § 11-2050. Establishment of the marine mammal and sea turtle protection
10 area.
11 1. There shall be created the marine mammal and sea turtle protection
12 area consisting of the waters in the area from mean high water seaward
13 fifteen hundred feet, except further seaward in shallow areas to the
14 outermost limit of waters fifteen feet in depth, around Plum Island,
15 Great Gull Island and Little Gull Island. Such boundaries shall be
16 described and depicted upon a map and a copy of any and all such docu-
17 ments shall be forwarded to the commissioner for inventory, research and
18 reference purposes for the general public. Such protection area may also
19 be designated as a New York state bird conservation area pursuant to
20 section 11-2001 of this article.
21 2. For purposes of this title the marine mammal and sea turtle
22 protection area shall mean:
23 (a) a site providing habitat to species including:
24 (i) harbor seals (Phoca vitulina);
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10153-02-9
S. 5871 2
1 (ii) harbor porpoises (Phocoena phocoena);
2 (iii) gray seals (Halichoerus grypus); and
3 (iv) sea turtle species including kemp's ridley (Lepidochelys kempii),
4 green turtles (Chelonia mydas) and leatherback (Dermochelys coreacia);
5 (b) presence of a state-designated natural protective feature; and
6 (c) location within the boundaries of two estuaries of national
7 significance.
8 3. The department is authorized to promulgate regulations to prevent
9 the harassment and for the protection of marine mammals and sea turtles
10 within the marine mammal and sea turtle protection area.
11 § 11-2052. The marine mammal and sea turtle protection area advisory
12 committee.
13 There shall be created within the department the marine mammal and sea
14 turtle protection area advisory committee whose non-governmental members
15 shall serve without pay, meet not less than twice each year, and whose
16 sole purpose shall be to advise as to the management, educational
17 research and utilization of the marine mammal and sea turtle protection
18 area. Provided, however, the utilization of such area shall be consist-
19 ent with the mission of the department pursuant to section 11-2050 of
20 this title. In addition to representatives of the department, the advi-
21 sory committee shall consist of, but not be limited to one represen-
22 tative each from the department of state, the marine resources advisory
23 board, the office of parks, recreation and historic preservation, the
24 state museum, American museum of natural history, Cornell laboratory of
25 ornithology, environmental groups, marine education and research groups,
26 the dean of the marine sciences research center at Stony Brook, the
27 Suffolk county executive, and the town supervisors of Southold and
28 Brookhaven. The commissioner may appoint additional members as appropri-
29 ate, who shall serve at his or her pleasure.
30 § 2. Nothing in this act shall be deemed to impose new fishing
31 restrictions.
32 § 3. This act shall take effect immediately; provided, however, that
33 section 11-2052 of the environmental conservation law, as added by
34 section one of this act, shall expire and be deemed repealed April 1,
35 2030.
