Extends the authority of the department of environmental conservation to manage various aquatic species

Summary of provisions

Section 1 of the bill would amend Environmental Conservation Law (ECL) 111303 to extend, until December 31,2015, DEC's authority to fix by regulation measures for the management offish, except marine species regulated under ECL Article 13.

Section 2 of the bill would amend ECL § 11-0303(3) to extend, until December 31, 2015, DEC's authority to fix by regulation measures for the management of striped bass.

Section 3 of the bill would amend ECL § 13-0323(3) to extend, until December 31, 2015, DEC's authority to fix by regulation measures for the management of oysters.

Section 4 of the bill would amend ECL § 13-0325(8) to extend, until December 31, 2015, DEC's authority to fix by regulation measures for the management of hard clams, soft or steamer clams, and razor clams.

Section 5 of the bill would amend ECL § 13-0327 to extend, until Decem- ber 31, 2015, DEC's authority to fix by regulation measures for the management of scallops.

Section 6 of the bill would amend ECL § 13-0329(16) to extend, until December 31, 2015, DEC's authority to adopt regulations for Atlantic States Marine Fisheries Commission (ASMFC) Areas One, Two, Three, Four, Five, and Outer Cape Cod to implement conservation measures that affect take, possession and landings of lobsters, pursuant to the recommenda- tions of the respective Area's Lobster Conservation Management Team.

Section 7 of the bill would amend ECL § 13-0330(6) to extend, until December 31, 2015, DEC's authority to fix by regulation measures for the management of whelks or conchs.

Section 8 of the bill would amend ECL § 13-0340 to extend, until Decem- ber 31, 2015, DEC's authority to fix by regulation measures for the management of bluefish.

Section 9 of the bill would amend ECL § 13-0340-a to extend, until December 31, 2015, DEC's authority to fix by regulation measures for the management of weakfish.

Section 10 of the bill would amend ECL § 13-0340-b to extend, until December 31, 2015, DEC's authority to fix by regulation measures for the management of flukesummer flounder.

Section 11 of the bill would amend ECL § 13-0340-c to extend until December 31, 2015, DEC's authority to fix by regulation measures for the management of winter flounder.

Section 12 of the bill would amend ECL § 13-0340-e to extend, until December 31, 2015, DEC's authority to fix by regulation measures for the management of scup.

Section 13 of the bill would amend ECL § 13-0340-f to extend, until December 31, 2015, DEC's authority to fix by regulation measures for the management of black sea bass.

Section 14 of the bill would amend ECL § 13-0340-g to extend, until December 31, 2015, DEC's authority to fix by regulation measures for the management of monkfish.

Section 15 of the bill would amend ECL § 13-0340-d(1) to extend, until December 31, 2015, DEC's authority to fix by regulation measures for the management of black fish.

Section 16 of the bill would amend ECL § 13-0360(3) to extend, until December 31, 2015, DEC's authority to adopt regulations restricting the taking offish, shellfish, and crustacea in any designated Special Management Area.

Section 17 of the bill would amend ECL § 13-0338 to extend, until Decem- ber 31, 2015, DEC's authority to fix by regulation measures for the management of sharks.

Section 18 of the bill would provide for an immediate effective date.

Existing law

ECL §§ 11-1303, 11-0303(3), 13-0323(3), 13-0325(8), 13-0327, 13-0329(16), 13-0330(6), 13-0340, 13-0340-a, 13-0340-b, 13-0340-c, 13-0340-e, 13-0340-f, 13-0340-g, 13-0340-d(1) and 13-0338 each grant DEC regulatory authority to manage certain fish or marine species until December 31, 2011. ECL § 13-0360(3) grants DEC regulatory authority for Special Management Areas until December 31, 2011.

Prior legislative history

DEC's regulatory authority to mange fish, except marine fish, was last extended by Chapter 256 of the Laws of 2007. DEC's regulatory authority to manage striped bass was last extended by Chapter 150 of the Laws of 2007. DEC's regulatory authority to manage oysters was last extended by Chapter 144 of the Laws of 2007. DEC's regulatory authority to manage clams was last extended by Chapter 142 of the Laws of 2007. DEC's regu- latory authority to manage scallops was last extended by Chapter 148 of the Laws of 2007. DEC's regulatory authority to manage lobsters in ASMFC Areas One, Two, Three, Four, Five and Outer Cape Cod was last extended by Chapter 366 of the Laws of 2007. DEC's regulatory authority to manage whelk was last extended by Chapter 143 of the Laws of 2007. DEC's regu- latory authority to manage bluefish, weakfish and fluke was last extended by Chapter 152 of the Laws of 2007. DEC's regulatory authority to mange winter flounder, scup and sea bass was last extended by Chapter 145 of the Laws of 2007. DEC's regulatory authority to manage monkfish was last extended by Chapter 139 of the Laws of 2007. DEC's regulatory authority to manage blackfish was last extended by Chapter 147 of the Laws of 2007. DEC's regulatory authority for Special Management Areas was last extended by Chapter 151 of the Laws of2007. DEC's regulatory authority to manage sharks was last extended by Chapter 141 of the Laws of 2007.

Statement in support

DEC's authority to regulate fish and marine species is necessary in order to preserve current management programs that are designed to main- tain a sustainable fishery for these species. Failure to extend the existing regulatory authority for any of these species by December 31, 2011 will result in the loss of regulatory protection for that species.

ECL § 11-0303 authorizes DEC to set open seasons, size .and catch limits, and manner of taking of all species of fish, except marine fish. If this authority is not extended, the existing regulations on the seasons, bag limits, and manner of taking for freshwater fish would no longer be enforceable and there would be no oversight of the taking of freshwater fish in State waters. Extending DEC' s authority to regulate freshwater fish will assure continuity of the protection of the State's freshwater fish resources.

Striped bass, lobster, bluefish, weakfish, fluke, winter flounder, scup, black sea bass, blackfish, and sharks are managed by DEC in compliance with the applicable management plan for the species. Continued regula- tory authority is critical for New York to maintain compliance with the applicable fishery management plan and would ensure that DEC continues to have the mechanism to react rapidly to any changes in the fishery management plan in a timely fashion. Failure to make necessary regula- tory changes as may be required by an applicable management plan could result in the closure of New York's fishery for that species.

DEC needs the continued ability to adopt management regulations for whelk (or conch), such as minimum size limits and harvest limits. Authority to establish appropriate regulations for whelk consistent with the needs of the resource is essential in order to provide uniform protection of marine resources.

Monkfish is subject to management under the New England Fisheries Management Council jointly with the Mid-Atlantic Fishery Management Council, and the taking of monkfish is limited in federal waters. It is important the DEC maintain the authority to adopt consistent regulations to protect this species in state waters, consistent with the needs of the resource and in order to provide uniform protection of monkfish in all waters.

DEC's regulatory authority to manage oysters is necessary for the protection and management of sustainable oyster resources in New York waters. The eastern oyster has experienced a significant decline in population, and management measures are needed to conserve and protect the long-term viability of oyster resources in State waters.

The hard clam has experienced a significant decline in population, and resource management is needed to conserve and protect the long-term viability of hard clam populations in the State and implement hard clam restoration efforts in local bays and harbors. Extending DEC's regulato- ry authority would provide DEC with the necessary authority to adopt conservation measures that would help support hard clam restoration efforts undertaken by State, town and county agencies, non-governmental organizations, and other stakeholders.

New York's bay scallop resource is primarily located in the waters of Peconic and Gardiners Bays on the eastern end of Long Island. Bay scal- lop populations have experienced a 99 percent decline since 1985 due to the occurrence and repeated blooms of an unusual alga, Aureococcus anaphageffrens, also known as brown tide in the east end bays of the Peconics. Existing regulations must be continued to protect the scallop resource· and the shellfish industry. DEC's regulatory authority provides DEC with the flexibility to respond to biological and environ- mental events such as brown tide that have a significant impact on the viability of the bay scallop resource. This authority can also be used to develop management measures to support bay scallop restoration efforts that are taking place in the State waters of Peconic Bays and in town waters.

Protection of the State's valuable reef ecosystems is an integral part of the overall management of the marine resources of the marine and coastal district. As defined in law, these Special Management Areas are composed of both natural and artificial reefs as well as shipwrecks which provide habitat and safe havens for fish, shellfish and crustacea. DEC's authority to adopt regulations restricting the taking of fish, shellfish and crustacea in these areas must be extended by December 31, 2011 to assure the continuation of protective measures for reef fisher- ies.

Budget implications

This bill would not have any fiscal impact on the State.

Effective date

The bill would take effect immediately.