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A06520 Summary:

COSPNSRLavine, 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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A06520 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 11, 2019
        Introduced  by  M.  of  A. ENGLEBRIGHT, LAVINE, BARNWELL, D'URSO, RAMOS,
          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
     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.

        A. 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.
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