N.Y. Environmental Conservation Law § 13-0705: Departmental responsibilities

§ 13-0705. Departmental responsibilities.

1. The department shall designate seagrass management areas.

Designation of such areas shall include consideration, on a geographic

or estuarine basis, of likely threats to seagrass.

2. For each designated seagrass management area, the department shall

develop and adopt a seagrass management plan to guide the development of

rules and regulations pursuant to subdivision three of this section.

Such plan shall be developed after consultation with local governments,

representatives of recreational boating interests, the marine industries

(including commercial and recreational shell fishermen, and commercial

shell fish farmers), affected property owners, and other stakeholders,

so as to effectively manage and protect seagrass beds and seagrass

restoration efforts at those locations at which the restoration of

seagrass is reasonably possible. Such plans shall, to the extent

practicable, take into consideration, the goals of existing estuary

programs. In addition, seagrass management plans shall seek to preserve

traditional recreational activities, including recreational boating and

marina operations, as well as finfishing, shellfishing and tourism while

ensuring such activities do not threaten seagrass beds or negate

seagrass restoration efforts.

3. The department shall have the authority to adopt rules and

regulations to regulate coastal and marine activities that threaten

seagrass beds or seagrass restoration efforts.

4. The department shall have the authority to restrict the use of

mechanical-powered fishing or shellfishing gear which may directly

impact seagrass beds, including churning, dredges, rakes and tongs.

5. The department shall identify water quality impacts such as

nitrogen pollution and make recommendations on how to minimize such

impacts.

6. The department shall make information concerning the importance of

seagrass protection and the status of seagrass restoration efforts

available on the department website.