|SAME AS||SAME AS S05871|
|COSPNSR||Lavine, Barnwell, D'Urso, Ramos, Raynor, Jean-Pierre, Glick, Thiele, Griffin, Solages, Stern, Ortiz, Colton, Otis, Weprin, Pheffer Amato, Simon, Cruz, Steck|
|Add Art 11 Title 20-A §§11-2050 & 11-2052, En Con L|
|Relates to establishing the marine mammal and sea turtle protection area.|
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STATE OF NEW YORK ________________________________________________________________________ 6520 2019-2020 Regular Sessions IN ASSEMBLY 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: 1 Section 1. Article 11 of the environmental conservation law is amended 2 by adding a new title 20-A to read as follows: 3 TITLE 20-A 4 MARINE MAMMAL AND SEA TURTLE PROTECTION AREA 5 Section 11-2050. Establishment of the marine mammal and sea turtle 6 protection area. 7 11-2052. The marine mammal and sea turtle protection area advi- 8 sory committee. 9 § 11-2050. Establishment of the marine mammal and sea turtle protection 10 area. 11 1. There shall be created the marine mammal and sea turtle protection 12 area consisting of the waters in the area from mean high water seaward 13 fifteen hundred feet, except further seaward in shallow areas to the 14 outermost limit of waters fifteen feet in depth, around Plum Island, 15 Great Gull Island and Little Gull Island. Such boundaries shall be 16 described and depicted upon a map and a copy of any and all such docu- 17 ments shall be forwarded to the commissioner for inventory, research and 18 reference purposes for the general public. Such protection area may also 19 be designated as a New York state bird conservation area pursuant to 20 section 11-2001 of this article. 21 2. For purposes of this title the marine mammal and sea turtle 22 protection area shall mean: 23 (a) a site providing habitat to species including: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10153-02-9A. 6520 2 1 (i) harbor seals (Phoca vitulina); 2 (ii) harbor porpoises (Phocoena phocoena); 3 (iii) gray seals (Halichoerus grypus); and 4 (iv) sea turtle species including kemp's ridley (Lepidochelys kempii), 5 green turtles (Chelonia mydas) and leatherback (Dermochelys coreacia); 6 (b) presence of a state-designated natural protective feature; and 7 (c) location within the boundaries of two estuaries of national 8 significance. 9 3. The department is authorized to promulgate regulations to prevent 10 the harassment and for the protection of marine mammals and sea turtles 11 within the marine mammal and sea turtle protection area. 12 § 11-2052. The marine mammal and sea turtle protection area advisory 13 committee. 14 There shall be created within the department the marine mammal and sea 15 turtle protection area advisory committee whose non-governmental members 16 shall serve without pay, meet not less than twice each year, and whose 17 sole purpose shall be to advise as to the management, educational 18 research and utilization of the marine mammal and sea turtle protection 19 area. Provided, however, the utilization of such area shall be consist- 20 ent with the mission of the department pursuant to section 11-2050 of 21 this title. In addition to representatives of the department, the advi- 22 sory committee shall consist of, but not be limited to one represen- 23 tative each from the department of state, the marine resources advisory 24 board, the office of parks, recreation and historic preservation, the 25 state museum, American museum of natural history, Cornell laboratory of 26 ornithology, environmental groups, marine education and research groups, 27 the dean of the marine sciences research center at Stony Brook, the 28 Suffolk county executive, and the town supervisors of Southold and 29 Brookhaven. The commissioner may appoint additional members as appropri- 30 ate, who shall serve at his or her pleasure. 31 § 2. Nothing in this act shall be deemed to impose new fishing 32 restrictions. 33 § 3. This act shall take effect immediately; provided, however, that 34 section 11-2052 of the environmental conservation law, as added by 35 section one of this act, shall expire and be deemed repealed April 1, 36 2030.