STATE OF NEW YORK
June 1, 2016
Introduced by Sen. LAVALLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
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 such 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
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);
25 (ii) harbor porpoises (Phocoena phocoena);
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
S. 7977--A 2
1 (iii) gray seals (Halichoerus grypus); and
2 (iv) sea turtle species including kemp's ridley (Lepidochelys kempii),
3 green turtles (Chelonia mydas) and leatherback (Dermochelys coreacia);
4 (b) presence of a state-designated natural protective feature; and
5 (c) location within the boundaries of two estuaries of national
7 3. The department is authorized to promulgate regulations to prevent
8 the harassment and for the protection of marine mammals and sea turtles
9 within the marine mammal and sea turtle protection area.
10 § 11-2052. The marine mammal and sea turtle protection area advisory
12 There shall be created within the department the marine mammal and sea
13 turtle protection area advisory committee whose non-governmental members
14 shall serve without pay, meet not less than twice each year, and whose
15 sole purpose shall be to advise as to the management, educational
16 research and utilization of the marine mammal and sea turtle protection
17 area. Provided, however, the utilization of such area shall be consist-
18 ent with the mission of the department pursuant to section 11-2050 of
19 this title. In addition to representatives of the department, the advi-
20 sory committee shall consist of, but not be limited to one represen-
21 tative each from the department of state, the marine resources advisory
22 board, the office of parks, recreation and historic preservation, the
23 state museum, American museum of natural history, Cornell laboratory of
24 ornithology, environmental groups, marine education and research groups,
25 the dean of the marine sciences research center at Stony Brook, the
26 Suffolk county executive, and the town supervisors of Southold and
27 Brookhaven. The commissioner may appoint additional members as appropri-
28 ate, who shall serve at his or her pleasure.
29 § 2. This act is not intended to impose new fishing restrictions.
30 § 3. This act shall take effect immediately and shall expire and be
31 deemed repealed April 1, 2027.