NY State Senate Bill 2021-S9306

Senate Bill S9306

Signed By Governor

2021-2022 Legislative Session

Extends the authority of the department of environmental conservation to manage clams

download bill text pdf

Archive: Last Bill Status Via A10177 - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 01, 2022	signed chap.369
Jun 22, 2022	delivered to governor
May 23, 2022	returned to assembly passed senate 3rd reading cal.1412 substituted for s9306
May 23, 2022	substituted by a10177
May 16, 2022	ordered to third reading cal.1412 committee discharged and committed to rules
May 13, 2022	referred to environmental conservation

Votes

- May 23, 2022 - Floor Vote
  A10177
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 23, 2022
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      excused (2)
      
      Brouk
      
      Sanders Jr.
  May 16, 2022 - Rules Committee Vote
  S9306
  
  20
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 16, 2022
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Ritchie
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins
      
      aye wr (1)
      
      Lanza

2021-S9306 (ACTIVE) - Details

See Assembly Version of this Bill:: A10177
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §13-0325, En Con L

2021-S9306 (ACTIVE) - Summary

Extends the authority of the department of environmental conservation to manage clams until December 31, 2025.

2021-S9306 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9306

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
extending the authority of the department of environmental conservation
to manage clams

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to extend the authority of the Department of
Environmental Conservation (DEC) to manage clams.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would amend Environmental Conservation Law (ECL)
§ 130325(8) to extend, until December 31, 2025, DEC's authority to fix
by regulation measures for the management of hard clams, soft or steamer
clams, and razor clams.

Section 2 of this bill provides that the bill shall take effect imme-

diately.

 
JUSTIFICATION:

DEC's regulatory authority for hard clams, soft or steamer clams, and
razor clams is necessary in order to preserve the current regulatory
program. Failure to extend the existing regulatory authority by December
31, 2022 will result in the loss of regulatory protection for clams.

Although ECL § 13-0325 includes size limits for hard clams and soft
clams, there are no management or conservation measures established for
these species, including catch and possession limits, seasonal
restrictions, management areas, or other measures that are necessary for
the protection of the resource and their associated habitats.  Also,
there are no size limits or management measures established for the
taking of razor clams in the waters of the State. The hard clam has
experienced a significant-decline in population, and resource management
is needed to conserve and protect the long-term viability of hard clam
populations in the State. DEC needs regulatory authority to assist in
the adoption of conservation measures that will help support hard clam
restoration efforts undertaken by State, town and county agencies,
nongovernmental organizations such as The Nature Conservancy, and other
stakeholder organizations.

Regulatory authority is needed to support and implement hard clam resto-
ration efforts in our local bays and harbors. This legislation would
provide DEC with the necessary regulatory authority to assist in the
development and facilitation of a long-term restoration strategy for the
protection of shellfish species in the marine district.

 
PRIOR LEGISLATIVE HISTORY:

Chapter 219 of the Laws of 2019.

Chapter 143 of the Laws of 2016.

Chapter 121 of the Laws of 2014.
Chapter 481 of the Laws of 2011.

 
BUDGET IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S9306 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9306
 
                             I N  S E N A T E
 
                               May 13, 2022
                                ___________
 
 Introduced  by  Sen. MANNION -- 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
   extending  the  authority of the department of environmental conserva-
   tion to manage clams
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  8  of  section  13-0325 of the environmental
 conservation law, as amended by chapter 219 of  the  laws  of  2019,  is
 amended to read as follows:
   8.  The  department  may,  until  December  thirty-first, two thousand
 [twenty-two] TWENTY-FIVE, adopt by regulation measures for  the  manage-
 ment  of  hard clams (Mercenaria mercenaria), soft or steamer clams (Mya
 arenaria), and razor clams (Ensis sp.), including size limits, catch and
 possession limits, open and closed seasons, closed  areas,  restrictions
 on the manner of taking and landing, requirements for permits and eligi-
 bility therefor, recordkeeping and identification requirements, require-
 ments  on  the  amount and type of fishing effort and gear, and require-
 ments relating to transportation, possession  and  sale,  provided  that
 such  regulations are no less restrictive than requirements set forth in
 this chapter.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15566-01-2

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