S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1965
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 Introduced  by  Sen.  BROOKS -- 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  the
   prevention and mitigation of marine and coastal debris
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 13 of the environmental conservation law is amended
 by adding a new title 9 to read as follows:
                                   TITLE 9
            MARINE AND COASTAL DEBRIS PREVENTION AND MITIGATION
 SECTION 13-0901. DECLARATION OF POLICY.
         13-0903. DEFINITIONS.
         13-0905. RESPONSIBILITIES OF THE DEPARTMENT.
 § 13-0901. DECLARATION OF POLICY.
   IT IS DECLARED TO BE THE PUBLIC  POLICY  OF  THIS  STATE  TO  PROTECT,
 PRESERVE  AND  RESTORE  ITS MARINE AND COASTAL WATERS AND TO PREVENT AND
 MITIGATE THEIR DESPOLIATION BY MARINE AND COASTAL DEBRIS,  IN  ORDER  TO
 MAINTAIN  HEALTHY  COASTAL  AND  OCEAN  ECOSYSTEMS AND THE BENEFITS THEY
 PROVIDE TO COMMUNITIES.
 § 13-0903. DEFINITIONS.
   1. "MARINE AND COASTAL DEBRIS" SHALL MEAN ANY PERSISTENT SOLID MATERI-
 AL THAT IS MANUFACTURED OR PROCESSED, AND DIRECTLY OR INDIRECTLY, INTEN-
 TIONALLY OR UNINTENTIONALLY, DISPOSED OF OR ABANDONED IN THE  WATERS  OF
 THE  MARINE AND COASTAL DISTRICT, INCLUDING DEBRIS THAT HAS BEEN DUMPED,
 SWEPT, OR BLOWN OFF COMMERCIAL AND FISHING VESSELS, OR STATIONARY  PLAT-
 FORMS  AT  SEA, INCLUDING BUT NOT LIMITED TO GHOST GEAR, AND DEBRIS THAT
 HAS BEEN GENERATED ON LAND AND BLOWN, SWEPT, OR WASHED OUT TO MARINE AND
 COASTAL WATERS.
   2. "GHOST GEAR" SHALL MEAN LOST OR ABANDONED FISHING  GEAR,  INCLUDING
 FISHING  NETS,  FISHING  LINES,  CRAB POTS, SHRIMP POTS, LOBSTER POTS OR
 TRAPS, FISH OR EEL POTS, AND OTHER COMMERCIAL AND  RECREATIONAL  FISHING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03675-01-1

 S. 1965                             2
 
 EQUIPMENT, BUT SHALL NOT INCLUDE LOST OR ABANDONED VESSELS OR STRUCTURAL
 COMPONENTS THEREOF.
   3.   "ELIGIBLE  RECIPIENTS"  SHALL  MEAN  NOT-FOR-PROFIT  CORPORATIONS
 LOCATED WITHIN NEW YORK STATE WITH THE PURPOSE OF PROMOTING SPORT  FISH-
 ING, INCREASING PARTICIPATION IN RECREATIONAL ANGLING, INCREASING PUBLIC
 AWARENESS  AND  APPRECIATION  OF  AQUATIC NATURAL RESOURCES, ENCOURAGING
 CONSERVATION OF FISHERIES RESOURCES, OR PROMOTING  RESEARCH  RELATED  TO
 SPORT FISHING, RECREATIONAL ANGLING, OR AQUATIC NATURAL RESOURCES.
 § 13-0905. RESPONSIBILITIES OF THE DEPARTMENT.
   1. THE DEPARTMENT SHALL PREPARE AND ANNUALLY UPDATE A MARINE AND COAS-
 TAL  DEBRIS  ACTION  PLAN.  SUCH PLAN SHALL BE DEVELOPED IN CONSULTATION
 WITH RELEVANT STAKE HOLDERS INCLUDING, BUT NOT LIMITED TO,  THE  DEPART-
 MENT OF STATE AND THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVA-
 TION,  THE  MARINE  RESOURCES  ADVISORY  COUNCIL ESTABLISHED PURSUANT TO
 SECTION 13-0350 OF THIS ARTICLE, LOCAL GOVERNMENTS, ELIGIBLE RECIPIENTS,
 HOLDERS OF COMMERCIAL AND RECREATIONAL FISHING  LICENSES,  ORGANIZATIONS
 OF  SPORTING ENTHUSIASTS AND PERSONS CONCERNED WITH ENVIRONMENTAL ISSUES
 AND ANIMAL WELFARE.
   2. SUCH PLAN SHALL INCLUDE AN ASSESSMENT OF THE EXTENT OF  MARINE  AND
 COASTAL DEBRIS AND ITS IMPACT ON RESOURCES IN MARINE AND COASTAL WATERS,
 SHALL EVALUATE AND PRIORITIZE MEASURES TO IDENTIFY, PREVENT AND MITIGATE
 THE  IMPACTS  OF  SUCH  DEBRIS, AND SHALL IDENTIFY BEST PRACTICES IN THE
 PREVENTION, IDENTIFICATION AND MITIGATION OF MARINE AND COASTAL  DEBRIS.
 IN  ADDITION,  EACH  ANNUAL UPDATE SHALL INCLUDE INFORMATION AND DATA ON
 PROGRESS IN ACCOMPLISHING THE OBJECTIVES OF THE PRIOR YEAR'S PLAN AND ON
 ACTIVITIES UNDERTAKEN OR SUPPORTED BY THE DEPARTMENT PURSUANT TO  SUBDI-
 VISIONS  THREE AND FOUR OF THIS SECTION AND ANY PILOT PROJECTS INITIATED
 PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
   3. THE DEPARTMENT SHALL: (A) TO THE EXTENT FEASIBLE, MAKE ITS  FACILI-
 TIES  IN  COMMUNITIES  ADJACENT  TO  OR WITHIN MARINE AND COASTAL WATERS
 AVAILABLE TO ORGANIZATIONS  AND  ENTITIES  INVOLVED  IN  IDENTIFICATION,
 PREVENTION, MITIGATION AND REMOVAL AND RECYCLING OR OTHER REMEDIATION OF
 MARINE  DEBRIS  TO FACILITATE PLAN IMPLEMENTATION; AND (B) TO THE EXTENT
 FUNDS ARE AVAILABLE THEREFOR, SUPPORT AND ASSIST SUCH ORGANIZATIONS  AND
 ENTITIES IN EFFORTS TO IMPLEMENT THE PLAN.
   4.  THE DEPARTMENT SHALL, AT A MINIMUM, PROVIDE INFORMATION ON REPORT-
 ING THE LOCATION OF GHOST GEAR WHEN ISSUING ANY COMMERCIAL  LICENSE  FOR
 FISHING  IN MARINE AND COASTAL WATERS, SHALL PUBLISH SUCH INFORMATION IN
 ANY DEPARTMENT-GENERATED GUIDE OR MAP FOR SALTWATER FISHING,  AND  SHALL
 INCLUDE  TOLL-FREE  NUMBERS  AND LINKS TO WEBSITES OF ORGANIZATIONS THAT
 ACCEPT REPORTS OF SUCH LOCATIONS ON ITS WEBSITE AND ON ANY MOBILE APPLI-
 CATION FOR HUNTING, FISHING AND WILDLIFE INFORMATION  SUPPORTED  BY  THE
 DEPARTMENT.
   5.  TO  EXTENT THAT FUNDS ARE AVAILABLE FOR SUCH PURPOSES, THE DEPART-
 MENT SHALL PROVIDE GRANTS TO ELIGIBLE RECIPIENTS TO OPERATE ONE OR  MORE
 PILOT  PROJECTS  IN  EACH  OF  THE  FOLLOWING AREAS: (A) IDENTIFICATION,
 REMOVAL AND, TO THE EXTENT FEASIBLE, RECYCLING OF GHOST GEAR; (B)  MONO-
 FILAMENT FISHING LINE RECYCLING; AND (C) BEACH DEBRIS CLEANUP.
   §  2. Section 13-0503 of the environmental conservation law is amended
 by adding a new subdivision 5 to read as follows:
   5. THE BOARD MAY ADVISE AND ASSIST THE DEPARTMENT IN THE  EXERCISE  OF
 ITS RESPONSIBILITIES UNDER TITLE NINE OF THIS ARTICLE.
   §  3.  Subdivision 1 of section 11-0323 of the environmental conserva-
 tion law, as amended by chapter 330 of the laws of 2014, is  amended  to
 read as follows:

 S. 1965                             3
 
   1. The department shall compile and index each year after the adjourn-
 ment  of the legislature the laws relating to fish and wildlife, as well
 as invasive species (as defined in section 9-1703  and  9-1710  of  this
 chapter),  as amended to date. IN ADDITION, INFORMATION ON REPORTING THE
 LOCATION  OF  GHOST GEAR, INCLUDING TOLL-FREE NUMBERS AND WEBSITE LINKS,
 SHALL ALSO BE INCLUDED. Copies of the compilation shall  be  printed  in
 pamphlet form of pocket size in the number for which the legislature may
 appropriate funds.
   §  4.  Subdivision 1 of section 11-0323 of the environmental conserva-
 tion law, as separately amended by section 19 of part H  of  chapter  58
 and chapter 342 of the laws of 2012, is amended to read as follows:
   1. The department shall compile and index each year after the adjourn-
 ment  of the legislature the laws relating to fish and wildlife, as well
 as invasive species (as defined in section 9-1703 of this  chapter),  as
 amended  to  date. IN ADDITION, INFORMATION ON REPORTING THE LOCATION OF
 GHOST GEAR, INCLUDING TOLL-FREE NUMBERS AND WEBSITE LINKS, SHALL ALSO BE
 INCLUDED. Copies of the compilation shall be printed in pamphlet form of
 pocket size in the number for  which  the  legislature  may  appropriate
 funds.
   § 5. This act shall take effect immediately; provided, however, that:
   (a)  the  initial  marine debris action plan shall be issued not later
 than 15 months after the date on which this act shall have become a law;
 and
   (b) the amendments to subdivision 1 of section 11-0323 of the environ-
 mental conservation law made by section  three  of  this  act  shall  be
 subject  to the expiration and reversion of such subdivision pursuant to
 section 4 of chapter 330 of the laws of 2014, as amended, when upon such
 date the provisions of section four of this act shall take effect.