BILL NUMBER: S8877
SPONSOR: SANDERS
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to the
prevention and mitigation of marine and coastal debris
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill establishes a policy of prevention and mitigation of marine
and coastal debris, and in furtherance of this policy directs the
Department of Environmental Conservation (DEC) to prepare a marine and
coastal debris action plan and take other actions to reduce despoliation
of our marine and coastal waters and shores.
 
SUMMARY OF PROVISIONS:
Bill § 1 adds a new Title 9 to Article 13 of the Environmental Conserva-
tion Law (ECL) including:
ECL § 13-1903 adds definitions of three terms:
*"Marine and coastal debris" consists of persistent solid materials
disposed of or abandoned into the waters of the marine and coastal
district, including ghost gear and other ocean-based debris and litter,
storm water discharges and other land-based debris.
*"Ghost gear" means abandoned or lost fishing gear, including lost or
abandoned fishing nets, fishing lines, crab pots, shrimp pots, lobster
pots or traps, eel pots, and other commercial and recreational fishing
equipment, but does not include lost or abandoned vessels.
*"Eligible recipients" includes non-profit entities that promote fish-
ing, recreation, conservation and educational activities related to
marine and coastal resources.
ECL § 13-0905 sets forth the responsibilities of DEC, which include:
(1) preparing and annually updating a marine and coastal debris action
plan,
(2) making its facilities available to support efforts to identify,
prevent, mitigate and remove marine debris, and providing financial
support to the extent that funds are available,
(3) facilitating the reporting of the location of ghost gear, and
(4) to the extent funding is available, provide grants to eligible
recipients to operate pilot projects
Bill § 2 amends ECL § 13-0503 to explicitly authorize the Marine
Resources Advisory Council to assist DEC in the implementation of new
Title 9.
Bill § 3 and § 4 require the State's fish and wildlife syllabus to
contain information to facilitate ghost gear reporting.
 
JUSTIFICATION:
Marine and coastal debris and other forms of pollution are becoming
ever-increasing problems in ocean waters and coastal communities that
result in both environmental and economic damage and threaten navigation
safety and human health. Ocean-related economic activity benefits New
York's economy by more than $24 billion, and the continued vitality of
the marine and coastal district is paramount to the millions of New
Yorkers who make their homes in its seacoast communities. A number of
other states have enacted laws to prevent despoliation of their
seacoasts, but, despite their importance to our state, New York current-
ly has no clear statutory policy targeted toward protecting its marine
and coastal waters.
The establishment of a policy on marine and coastal pollution will
enable the State to join other concerned stakeholders in a heightened
and concerted effort to address the problems created by marine and coas-
tal debris. Such an effort is clearly needed - for example, while New
York's Great Lakes are covered under a Great Lakes Marine Debris Action
Plan, there is no plan targeted toward its marine and coastal.
waters.This bill requires the development of a marine and coastal debris
action plan, which will enable DEC to work with other stakeholders
effectively and collaboratively and enhance its ability to obtain Feder-
al funds or foundation grants for prevention and mitigation activities.
The bill also requires DEC to make its facilities available whenever
feasible to volunteer organizations and other entities to facilitate
efforts combatting marine debris and, to the extent funds are available,
support and assist such efforts and provide grants for pilot projects in
the areas of ghost gear identification and removal, monofilament fishing
line recycling and beach debris cleanup. Finally, the bill requires DEC
to provide information on reporting the location of ghost gear on its
website and fish and wildlife syllabus, as California, Washington and
other states already do.
 
PRIOR LEGISLATIVE HISTORY:
2021-22: A.6294 - Reported to Ways and Means
2019-20; A.4755 - Reported to Ways and Means.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
Immediately, provided that the initial marine debris action plan shall
be issued not later than 15 months after the date on which the bill
becomes a law.

Statutes affected:
S8877: 13-0503 environmental conservation law