Prohibits the taking of striped bass from the Hudson river for commercial purposes

Justification

Chapter 29 of the Laws of 2000 required the New York State Department of Environmental Conservation to appoint a Temporary Advisory Committee to submit a report to the Commissioner that included recommendations on commercial management of striped bass in the Hudson River. The Committee resulted in no consensus decision on reopening the fishery. The no-consensus results of the Committee reflect the widespread uncertainty associated with reopening the striped bass commercial fishery.

First, uncertainty regarding the toxicity of stripers taken from the Hudson is widespread. PCBs that infest the waters of the Hudson are taken up into the bodies of aquatic life and human ingestion of PCB-laden fish has been linked to numerous cognitive and developmental problems. Other heavy metals, most notably mercury, also contribute to the public scrutiny and public health concerns of consuming fish from the Hudson. Although recreational fishermen are more likely to know fish consumption limits, a person who consumes a commercially available fish would not know the health concerns of consuming such fish.

Additionally, reopening of the Hudson River striped bass fishery would have significant impact on the entire striped bass market. Introduction of Hudson River striped bass into the national striped bass market would cause consumer uncertainty and lack of confidence in the market. Consumers would not know if the striped bass they were consuming was from the heavily polluted waters of the Hudson and would thus lose confidence in the entire market. Therefore, the economic viability of the striped bass market would be at stake well beyond the borders of New York by introducing Hudson River striped bass into the market.

In local economic terms, the recreational striped bass angling community provides large revenues to local Hudson River communities. The depletion of the striped bass population remains a huge concern if the fishery is opened to commercial fishing. The depletion of the stock would mean that immediate loss of the recreational anglers who travel from across New York and the nation fish the "striper" and the loss of the huge revenues they spend in River communities.

Concerns and uncertainties regarding impacts on public health, the striped bass ecosystem, local economies, tourism, and the nation-wide striped bass market merit the continued closure of the fishery for commercial purposes. This bill will provide the proper statutory means to accomplish such.

Prior legislative history

A.10141-A/S.5679-A (2001-02), A.5934-A passed Assembly (2003-04), A1811 (2005-06). A.1147 (2007-2008).

Fiscal implication for state and local governments

None.

Effective date

On the 120th day after it shall have become law, except that any rules or regulations necessary for the timely implementation of this act on its effective date shall be promulgated on or before such date; and provided further that the amendments made by sections one and two of this act shall expire and be deemed repealed on April 1, 2007, when upon such date the provisions so amended shall revert to their text as it, and be read as they, existed immediately prior to the effective date of this act.