S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6520
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 11, 2019
                                ___________
 
 Introduced  by  M.  of  A. ENGLEBRIGHT, LAVINE, BARNWELL, D'URSO, RAMOS,
   RAYNOR, JEAN-PIERRE, GLICK, THIELE, GRIFFIN, SOLAGES,  STERN  --  read
   once and referred 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:
 
   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.
 § 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10153-02-9

 A. 6520                             2
 
   (I) HARBOR SEALS (PHOCA VITULINA);
   (II) HARBOR PORPOISES (PHOCOENA PHOCOENA);
   (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.
 § 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.
   §  2.  Nothing  in  this  act  shall  be  deemed to impose new fishing
 restrictions.
   § 3. This act shall take effect immediately; provided,  however,  that
 section  11-2052  of  the  environmental  conservation  law, as added by
 section one of this act, shall expire and be deemed  repealed  April  1,
 2030.