S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7977--A

                            I N  S E N A T E

                              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:

  Section 1. Article 11 of the environmental conservation law is amended
by adding a new title 20-A to read as follows:
                                TITLE 20-A
               MARINE MAMMAL AND SEA TURTLE PROTECTION AREA
SECTION 11-2050. ESTABLISHMENT OF  THE  MARINE  MAMMAL  AND  SEA  TURTLE
                  PROTECTION AREA.
        11-2052. THE  MARINE MAMMAL AND SEA TURTLE PROTECTION AREA ADVI-
                  SORY COMMITTEE.
S 11-2050. ESTABLISHMENT OF THE MARINE MAMMAL AND SEA TURTLE  PROTECTION
             AREA.
  1.  THERE SHALL BE CREATED THE MARINE MAMMAL AND SEA TURTLE PROTECTION
AREA CONSISTING OF THE WATERS IN THE AREA FROM MEAN HIGH  WATER  SEAWARD
FIFTEEN  HUNDRED  FEET,  EXCEPT  FURTHER SEAWARD IN SHALLOW AREAS TO THE
OUTERMOST LIMIT OF WATERS FIFTEEN FEET IN  DEPTH,  AROUND  PLUM  ISLAND,
GREAT  GULL  ISLAND  AND  LITTLE  GULL  ISLAND. SUCH BOUNDARIES SHALL BE
DESCRIBED AND DEPICTED UPON A MAP AND A COPY OF ANY AND ALL  SUCH  DOCU-
MENTS SHALL BE FORWARDED TO THE COMMISSIONER FOR INVENTORY, RESEARCH AND
REFERENCE PURPOSES FOR THE GENERAL PUBLIC. SUCH PROTECTION AREA MAY ALSO
BE  DESIGNATED  AS  A  NEW YORK STATE BIRD CONSERVATION AREA PURSUANT TO
SECTION 11-2001 OF THIS ARTICLE.
  2. FOR PURPOSES OF  THIS  TITLE  THE  MARINE  MAMMAL  AND  SEA  TURTLE
PROTECTION AREA SHALL MEAN:
  (A) A SITE PROVIDING HABITAT TO SPECIES INCLUDING:
  (I) HARBOR SEALS (PHOCA VITULINA);
  (II) HARBOR PORPOISES (PHOCOENA PHOCOENA);

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15680-05-6

S. 7977--A                          2

  (III) GRAY SEALS (HALICHOERUS GRYPUS); AND
  (IV) SEA TURTLE SPECIES INCLUDING KEMP'S RIDLEY (LEPIDOCHELYS KEMPII),
GREEN TURTLES (CHELONIA MYDAS) AND LEATHERBACK (DERMOCHELYS COREACIA);
  (B) PRESENCE OF A STATE-DESIGNATED NATURAL PROTECTIVE FEATURE; AND
  (C)  LOCATION  WITHIN  THE  BOUNDARIES  OF  TWO  ESTUARIES OF NATIONAL
SIGNIFICANCE.
  3. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE REGULATIONS  TO  PREVENT
THE  HARASSMENT AND FOR THE PROTECTION OF MARINE MAMMALS AND SEA TURTLES
WITHIN THE MARINE MAMMAL AND SEA TURTLE PROTECTION AREA.
S 11-2052. THE MARINE MAMMAL AND SEA  TURTLE  PROTECTION  AREA  ADVISORY
             COMMITTEE.
  THERE SHALL BE CREATED WITHIN THE DEPARTMENT THE MARINE MAMMAL AND SEA
TURTLE PROTECTION AREA ADVISORY COMMITTEE WHOSE NON-GOVERNMENTAL MEMBERS
SHALL  SERVE  WITHOUT PAY, MEET NOT LESS THAN TWICE EACH YEAR, AND WHOSE
SOLE PURPOSE SHALL BE  TO  ADVISE  AS  TO  THE  MANAGEMENT,  EDUCATIONAL
RESEARCH  AND UTILIZATION OF THE MARINE MAMMAL AND SEA TURTLE PROTECTION
AREA. PROVIDED, HOWEVER, THE UTILIZATION OF SUCH AREA SHALL BE  CONSIST-
ENT  WITH  THE  MISSION OF THE DEPARTMENT PURSUANT TO SECTION 11-2050 OF
THIS TITLE. IN ADDITION TO REPRESENTATIVES OF THE DEPARTMENT, THE  ADVI-
SORY  COMMITTEE  SHALL  CONSIST  OF, BUT NOT BE LIMITED TO ONE REPRESEN-
TATIVE EACH FROM THE DEPARTMENT OF STATE, THE MARINE RESOURCES  ADVISORY
BOARD,  THE  OFFICE  OF PARKS, RECREATION AND HISTORIC PRESERVATION, THE
STATE MUSEUM, AMERICAN MUSEUM OF NATURAL HISTORY, CORNELL LABORATORY  OF
ORNITHOLOGY, ENVIRONMENTAL GROUPS, MARINE EDUCATION AND RESEARCH GROUPS,
THE  DEAN  OF  THE  MARINE  SCIENCES RESEARCH CENTER AT STONY BROOK, THE
SUFFOLK COUNTY EXECUTIVE, AND  THE  TOWN  SUPERVISORS  OF  SOUTHOLD  AND
BROOKHAVEN. THE COMMISSIONER MAY APPOINT ADDITIONAL MEMBERS AS APPROPRI-
ATE, WHO SHALL SERVE AT HIS OR HER PLEASURE.
  S 2. This act is not intended to impose new fishing restrictions.
  S  3.  This  act shall take effect immediately and shall expire and be
deemed repealed April 1, 2027.