NY State Senate Bill 2019-S8095

Senate Bill S8095

2019-2020 Legislative Session

Designates the Montauk Point shoals as an important bird area, and directs the commissioner of environmental conservation to designate such area as part of the New York state bird conservation area program

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 18, 2020	referred to environmental conservation

2019-S8095 (ACTIVE) - Details

See Assembly Version of this Bill:: A4581
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §11-2001, En Con L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A7973
2021-2022: S5056, A4105
2023-2024: S2273, A5550

2019-S8095 (ACTIVE) - Summary

2019-S8095 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8095

SPONSOR: MARTINEZ
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
designating the Montauk Point shoals area as an important bird area and
making such area part of the New York state bird conservation area
program

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of the bill is to designate the Montauk Point shoals area of
Suffolk County as an important bird area.

 
SUMMARY OF SPECIFIC PROVISIONS:

This legislation will amend § 11-2001 of the environmental conservation
law to declare the Montauk Point shoals area of Suffolk County an impor-
tant bird area and the Department of Environmental Conservation commis-
sioner shall designate the area as a part of the New York state Bird

Conservation Area (BCA) program. This legislation shall not impose any
new fishing restrictions.

 
JUSTIFICATION:

The Montauk Point shoals area is a critical habitat for tens of thou-
sands of waterfowl and pelagic seabirds. This area regularly supports at
least two thousand birds. During the winter months, winter seaduck
concentrations around Montauk Point are the largest in the state. Addi-
tionally, the notable populations of gannet and alcid bird species qual-
ify Montauk Point shoals as a BCA under the "pelagic seabird site"
criteria.

The surrounding waters of Montauk Point are home to the Common Tern
(Sterna hirundo), a species listed as threatened in New York, as well as
the Roseate Tern (Sterna dougallii), a federally endangered species.
Under the "species at risk site," this area qualifies as a BCA.

The Montauk Point shoals area is threatened by several anthropogenic
activities. Nonpoint source pollution, contaminants, waste disposal, and
dredging all have the potential to threaten the area and the birds that
call it home. Designating this area as the Montauk Point Shoals Bird
Conservation Area will help ensure that this critical habitat is
protected.

 
PRIOR LEGISLATIVE HISTORY:

New bill in 2017.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2019-S8095 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8095
 
                             I N  S E N A T E
 
                              March 18, 2020
                                ___________
 
 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
   designating  the  Montauk  Point shoals area as an important bird area
   and making such area part of the New York state bird conservation area
   program

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  11-2001 of the environmental conservation law is
 amended by adding a new subdivision 7 to read as follows:
   7. A. THE MONTAUK POINT SHOALS AREA OF THE COUNTY OF  SUFFOLK,  HAVING
 MET  THE  CRITERIA  OF  SUBDIVISION  THREE  OF  THIS  SECTION, IS HEREBY
 DECLARED TO BE AN IMPORTANT BIRD AREA AND THE COMMISSIONER SHALL  DESIG-
 NATE  SUCH  AREA  AS  PART  OF THE NEW YORK STATE BIRD CONSERVATION AREA
 PROGRAM.
   B. FOR THE PURPOSES OF THIS TITLE, "MONTAUK POINT SHOALS  AREA"  MEANS
 THOSE  MARINE  AND  COASTAL AREAS OFF THE SHORE OF MONTAUK POINT, IN THE
 COUNTY OF SUFFOLK, EXTENDING TO THE COASTAL WATERS WITHIN A  SIXTY  FOOT
 BATHYMETRIC  CONTOUR  THAT  ENCOMPASSES  THE AREA BEGINNING JUST WEST OF
 SHAGWONG POINT ON THE NORTHERN SHORE OF MONTAUK POINT,  CONTINUING  EAST
 AROUND  MONTAUK  POINT, AND TERMINATING JUST EAST OF DITCH PLAINS ON THE
 ATLANTIC OCEAN SIDE OF MONTAUK POINT.   SUCH AREA CONSISTING  OF  WATERS
 THAT  ARE SIXTY OR LESS FEET IN DEPTH, AND WITHIN BETWEEN THREE AND ONE-
 HALF TO FOUR MILES FROM THE SHORELINE.  PROVIDED, THAT THE  COMMISSIONER
 SHALL  BE  AUTHORIZED TO CHANGE THE BOUNDARIES OF SUCH AREA, BY RULE, AS
 HE OR SHE SHALL DEEM NECESSARY.
   C. THAT PORTION OF THE NEW YORK STATE BIRD CONSERVATION  AREA  PROGRAM
 DESIGNATED  PURSUANT  TO THIS SUBDIVISION SHALL BE KNOWN AS THE "MONTAUK
 POINT SHOALS BIRD CONSERVATION AREA".
   D. NOTHING IN THIS SECTION SHALL  BE  DEEMED  TO  IMPOSE  NEW  FISHING
 RESTRICTIONS.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07665-01-9

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