S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         1694

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                    January 9, 2009
                                      ___________

       Introduced  by  M.  of  A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
         COLTON, CYMBROWITZ, HEASTIE -- read once and referred to the Committee
         on Environmental Conservation

       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         establishing  the  marine life protection task force and providing for
         the powers and duties thereof

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Article 13 of the environmental conservation law is amended
    2  by adding a new title 7 to read as follows:
    3                                    TITLE 7
    4                           MARINE LIFE PROTECTION
    5  SECTION 13-0701. LEGISLATIVE INTENT.
    6          13-0703. DEFINITIONS.
    7          13-0705. MARINE LIFE PROTECTION TASK FORCE.
    8          13-0707. TASK FORCE; POWERS AND DUTIES.
    9          13-0709. REPORTS AND RECOMMENDATIONS.
   10  S 13-0701. LEGISLATIVE INTENT.
   11    THE LEGISLATURE HEREBY FINDS THAT:
   12    1.  NEW  YORK'S  EXTRAORDINARY  MARINE BIOLOGICAL DIVERSITY IS A VITAL
   13  ASSET TO THE STATE AND NATION. THE DIVERSITY OF SPECIES  AND  ECOSYSTEMS
   14  FOUND  IN THE STATE'S MARINE AND COASTAL DISTRICT IS IMPORTANT TO PUBLIC
   15  HEALTH AND WELL-BEING, ECOLOGICAL HEALTH, AND OCEAN-DEPENDENT INDUSTRY;
   16    2. COASTAL DEVELOPMENT, WATER POLLUTION  AND  OTHER  HUMAN  ACTIVITIES
   17  THREATEN THE HEALTH OF MARINE HABITAT AND THE BIOLOGICAL DIVERSITY FOUND
   18  IN  NEW YORK'S MARINE AND COASTAL DISTRICT. NEW TECHNOLOGIES AND DEMANDS
   19  HAVE ENCOURAGED THE EXPANSION OF FISHING AND OTHER ACTIVITIES TO FORMER-
   20  LY INACCESSIBLE MARINE AREAS THAT ONCE RECHARGED NEARBY FISHERIES. AS  A
   21  RESULT,  ECOSYSTEMS  THROUGHOUT  THE STATE'S MARINE AND COASTAL DISTRICT
   22  ARE BEING ALTERED, OFTEN AT A RAPID RATE;
   23    3. FISH AND OTHER SEA LIFE ARE SUSTAINABLE RESOURCES, AND  FISHING  IS
   24  AN  IMPORTANT  STATE  ASSET.  MARINE  PROTECTED  AREAS AND SOUND FISHERY
   25  MANAGEMENT ARE COMPLEMENTARY COMPONENTS OF  A  COMPREHENSIVE  EFFORT  TO
   26  SUSTAIN MARINE HABITATS AND FISHERIES;

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04994-01-9

       A. 1694                             2

    1    4.  UNDERSTANDING OF THE IMPACTS OF HUMAN ACTIVITIES AND THE PROCESSES
    2  REQUIRED TO SUSTAIN THE ABUNDANCE AND DIVERSITY OF MARINE LIFE IS LIMIT-
    3  ED. THE DESIGNATION OF CERTAIN AREAS  AS  SEA  LIFE  RESERVES  CAN  HELP
    4  EXPAND THE LEGISLATURE'S KNOWLEDGE BY PROVIDING BASELINE INFORMATION AND
    5  IMPROVING  THE  UNDERSTANDING  OF  ECOSYSTEMS  WHERE MINIMAL DISTURBANCE
    6  OCCURS;
    7    5. MARINE LIFE RESERVES ARE ESSENTIAL TO THE  PROTECTION  OF  HABITATS
    8  AND ECOSYSTEMS, CONSERVATION OF BIOLOGICAL DIVERSITY, PROVISION OF SANC-
    9  TUARIES  FOR  FISH  AND  OTHER SEA LIFE, ENHANCEMENT OF RECREATIONAL AND
   10  EDUCATIONAL OPPORTUNITIES, PROVISION OF A REFERENCE POINT AGAINST  WHICH
   11  SCIENTISTS  CAN  MEASURE  CHANGES  ELSEWHERE  IN  THE MARINE AND COASTAL
   12  DISTRICT, AND REBUILDING DEPLETED FISHERIES;
   13    6. THERE IS A NEED TO EXAMINE AND AUGMENT THE STATE'S LAWS TO INCREASE
   14  THEIR COHERENCE AND EFFECTIVENESS AT PROTECTING NEW YORK'S MARINE  LIFE,
   15  HABITAT AND ECOSYSTEMS; AND
   16    7.  TO  IMPROVE  THE  MANAGEMENT  AND PROTECTION OF THE STATE'S MARINE
   17  LIFE, IT IS NECESSARY TO ESTABLISH A TASK FORCE, WITHIN THE  DEPARTMENT,
   18  TO  PROPOSE  A MARINE LIFE PROTECTION PLAN TO BE ENACTED INTO LAW BY THE
   19  LEGISLATURE.
   20  S 13-0703. DEFINITIONS.
   21    FOR THE PURPOSES OF THIS TITLE:
   22    1. "MARINE LIFE RESERVE" SHALL MEAN A MARINE PROTECTED AREA  IN  WHICH
   23  ALL  EXTRACTIVE  ACTIVITIES, INCLUDING THE TAKING OF MARINE SPECIES AND,
   24  IF NECESSARY, OTHER ACTIVITIES WHICH UPSET THE NATURAL ECOLOGICAL  FUNC-
   25  TIONS  OF  THE AREA SHALL BE PROHIBITED.  WHILE, TO THE EXTENT FEASIBLE,
   26  SUCH AREA SHALL BE OPEN TO THE PUBLIC FOR MANAGED ENJOYMENT  AND  STUDY,
   27  THE AREA IS TO BE MAINTAINED IN AN UNDISTURBED AND UNPOLLUTED STATE.
   28    2.  "TASK  FORCE"  SHALL  MEAN  THE  MARINE LIFE PROTECTION TASK FORCE
   29  ESTABLISHED PURSUANT TO SECTION 13-0705 OF THIS TITLE.
   30  S 13-0705. MARINE LIFE PROTECTION TASK FORCE.
   31    1. THERE IS HEREBY ESTABLISHED, WITHIN THE DEPARTMENT, THE MARINE LIFE
   32  PROTECTION TASK FORCE. SUCH TASK FORCE SHALL  BE  COMPOSED  OF  THIRTEEN
   33  MEMBERS.  THE  DIRECTOR  OF  THE  MARINE SCIENCES RESEARCH CENTER OF THE
   34  STATE UNIVERSITY OF NEW YORK AT STONY BROOK, OR  HIS  OR  HER  DESIGNEE,
   35  SHALL  BE A MEMBER OF THE TASK FORCE AND SHALL SERVE AS THE CHAIR OF THE
   36  TASK FORCE. THE COMMISSIONER SHALL APPOINT THREE MEMBERS OF  THE  MARINE
   37  RESOURCES  ADVISORY  COUNCIL AS MEMBERS OF THE TASK FORCE. THE REMAINING
   38  NINE MEMBERS OF THE TASK FORCE SHALL BE APPOINTED BY THE COMMISSIONER AS
   39  FOLLOWS: THREE MEMBERS SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE
   40  GOVERNOR, THREE MEMBERS SHALL BE APPOINTED UPON  THE  RECOMMENDATION  OF
   41  THE  TEMPORARY  PRESIDENT  OF  THE  SENATE,  AND  THREE MEMBERS SHALL BE
   42  APPOINTED UPON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY.
   43    2. THE MEMBERS OF THE TASK FORCE APPOINTED BY THE  COMMISSIONER  SHALL
   44  BE  PERSONS  WHO  HAVE  DEMONSTRATED  EXPERTISE  IN  AND CONCERN FOR THE
   45  PROTECTION OF MARINE LIFE. SUCH MEMBERS SHALL SERVE FOR A  TERM  OF  TWO
   46  YEARS,  OR  UNTIL  THEIR  SUCCESSOR HAS BEEN APPOINTED. VACANCIES IN THE
   47  MEMBERSHIP OF THE TASK FORCE SHALL BE FILLED IN THE MANNER PROVIDED  FOR
   48  ORIGINAL APPOINTMENTS.
   49  S 13-0707. TASK FORCE; POWERS AND DUTIES.
   50    THE TASK FORCE SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
   51    1.  TO  EMPLOY  AND  AT  PLEASURE REMOVE SUCH PERSONNEL AS IT MAY DEEM
   52  NECESSARY FOR THE PERFORMANCE OF ITS FUNCTIONS  AND  FIX  THEIR  COMPEN-
   53  SATION WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR;
   54    2.  TO  REQUEST, RECEIVE AND UTILIZE AND BE PROVIDED WITH SUCH FACILI-
   55  TIES, RESOURCES AND DATA OF THE DEPARTMENT, OR ANY DEPARTMENT, DIVISION,
   56  BOARD, BUREAU, COMMISSION OR AGENCY OF THE STATE OR ANY POLITICAL SUBDI-

       A. 1694                             3

    1  VISION THEREOF AS MAY BE NECESSARY TO PROPERLY CARRY OUT ITS POWERS  AND
    2  DUTIES;
    3    3.   TO  DETERMINE  WHICH  LAWS,  RULES  AND  REGULATIONS  GOVERN  THE
    4  PROTECTION OF MARINE LIFE IN THE MARINE AND COASTAL DISTRICT;
    5    4. TO ASSESS THE SCOPE AND EFFECTIVENESS OF SUCH LAWS, RULES AND REGU-
    6  LATIONS IN PROTECTING MARINE LIFE;
    7    5. TO INVENTORY AND MAP THE MARINE LIFE AT EACH SITE WITHIN THE MARINE
    8  AND COASTAL DISTRICT;
    9    6. TO DETERMINE ALL THE SPECIES OF MARINE LIFE AT EACH SUCH SITE,  THE
   10  APPROXIMATE  NUMBER OF EACH SPECIES AT EACH SUCH SITE, AND THE LEVEL AND
   11  NATURE OF PROTECTION AFFORDED EACH SPECIES OF MARINE LIFE;
   12    7. TO PROPOSE A MARINE LIFE PROTECTION PLAN, WHICH SHALL INCLUDE:
   13    (A) PROTECTION OF THE NATURAL DIVERSITY AND ABUNDANCE OF MARINE  LIFE,
   14  AND THE STRUCTURE, FUNCTION AND INTEGRITY OF MARINE ECOSYSTEMS,
   15    (B)  SUSTENANCE,  CONSERVATION  AND  PROTECTION  OF  MARINE LIFE POPU-
   16  LATIONS, INCLUDING THOSE OF ECONOMIC VALUE, AND REBUILD THOSE  THAT  ARE
   17  DEPLETED,
   18    (C)  IMPROVEMENT  OF RECREATIONAL, EDUCATIONAL AND STUDY OPPORTUNITIES
   19  PROVIDED BY MARINE ECOSYSTEMS THAT ARE SUBJECT TO MINIMAL HUMAN DISTURB-
   20  ANCE, AND MANAGEMENT OF SUCH USES IN A MANNER CONSISTENT WITH PROTECTING
   21  BIODIVERSITY,
   22    (D) PROTECTION OF MARINE NATURAL  HERITAGE,  INCLUDING  PROTECTION  OF
   23  REPRESENTATIVE AND UNIQUE MARINE LIFE HABITATS IN THE MARINE AND COASTAL
   24  DISTRICT, AND
   25    (E) PROPOSE LEGISLATION, BASED UPON SOUND SCIENTIFIC GUIDELINES, WHICH
   26  ESTABLISHES  CLEARLY  DEFINED  OBJECTIVES, EFFECTIVE MANAGEMENT MEASURES
   27  AND ADEQUATE ENFORCEMENT FOR THE PROTECTION OF MARINE LIFE;
   28    8. TO PROPOSE RECOMMENDATIONS AND LEGISLATION  FOR  THE  ESTABLISHMENT
   29  AND  REGULATION  OF MARINE LIFE RESERVES, INCLUDING NO-TAKE RESERVES, AT
   30  SITES WITHIN THE MARINE AND COASTAL DISTRICT THAT THE TASK  FORCE  FINDS
   31  WOULD  BENEFIT  FROM  SUCH DESIGNATION AS A MARINE LIFE RESERVE BASED ON
   32  THE TASK FORCE'S RESEARCH PURSUANT TO THIS SECTION;
   33    9. TO ESTABLISH A TIMETABLE  FOR  THE  ESTABLISHMENT  OF  MARINE  LIFE
   34  RESERVES  AT  THE  VARIOUS SITES WITHIN THE MARINE AND COASTAL DISTRICT;
   35  AND
   36    10. TO INVESTIGATE AND MAKE RECOMMENDATIONS  ON  THE  FEASIBILITY  AND
   37  EFFECTIVENESS  OF PROVIDING ENHANCED MUNICIPAL REGULATION OF MARINE LIFE
   38  RESERVES.
   39  S 13-0709. REPORTS AND RECOMMENDATIONS.
   40    ON OR BEFORE JANUARY FIRST EACH YEAR, THE TASK  FORCE  SHALL  ISSUE  A
   41  REPORT  AND ITS RECOMMENDATIONS TO THE COMMISSIONER, GOVERNOR, TEMPORARY
   42  PRESIDENT OF THE SENATE AND SPEAKER OF THE  ASSEMBLY.  SUCH  REPORT  AND
   43  RECOMMENDATION SHALL INCLUDE ALL INFORMATION DERIVED AND RECOMMENDATIONS
   44  COMPOSED  PURSUANT  TO SUBDIVISIONS THREE THROUGH TEN OF SECTION 13-0707
   45  OF THIS TITLE.
   46    S 2. This act shall take effect on the first of January next  succeed-
   47  ing  the  date  on  which  it shall have become a law; provided that the
   48  commissioner of environmental conservation is authorized and directed to
   49  appoint the members of the marine life protection task force pursuant to
   50  section 13-0705 of the  environmental  conservation  law,  as  added  by
   51  section one of this act, on or before such date.