Prohibits the department of environmental conservation from establishing areas closed to fishing absent specific criteria for such closure; sets forth criteria

Title of bill

An act to amend the environmental conservation law, in relation to prohibiting the establishment of areas closed to fishing absent specific criteria for such closure

Purpose

To prohibit the department of environmental conservation from establishing areas closed to fishing absent specific criteria for such closure.

Summary of provisions

Section 1 of the bill adds a new section 11-0304 to the environmental conservation law which would prohibit the DEC from creating closed fishing areas unless: (a) There is a clear indication that fishing is the cause of a specific conservation problem and less severe conservation measures will not adequately provide for conservation of the affected fish stocks; (b) Regulations are adopted that require specific measurable criteria to determine the conservation benefit of the closed area and a requirement that the effectiveness of the restriction be reviewed every three years; (c) The area closed is no larger than what is required as proven by scientific data; and (d) Provision is made to reopen the area when the closure is no longer needed.

In addition, areas currently closed by law, rule or regulation will not be preempted by this new section.

Existing law

None.

Justification

Recreational and commercial fishing make a substantial contribution to the local and state economies in New York and our residents' quality of life. As such, it should be the policy of this state to protect and promote fishing opportunities and access to the maximum extent possible without causing harm to the marine environment. This legislation would ensure that both the interest of the fishing public and the marine environment are adequately protected.

Legislative history

None.

Fiscal implications

Preservation of current economic impact of commercial and recreational fishing in New York.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that the commissioner of environmental conservation is authorized and directed to promulgate, on or before such effective date, any and all rules and regulations and take any other measures necessary to implement the provisions of this act on its effective date.