Extends the authority of the department of environmental conservation to manage scallops

BILL NUMBER:S4221

Title of bill

An act to amend the environmental conservation law, in relation to extending the authority of the department of environmental conservation to manage scallops

Purpose of Bill:

This bill would to extend the authority of the Department of Environmental Conservation (DEC) to manage scallops and to making conforming changes to the penalty provisions related to such authority.

Summary of provisions:

Section 1 of the bill would amend Environmental Conservation Law (ECL) § 13-0327 to extend, until December 31, 2015, DEC's authority to fix by regulation measures for the management of scallops (Family Pectinidae).

Section 2 of the bill would amend ECL § 71-0921(4)(a)(9) to clarify that the penalty provided is for any violation of regulations related to the taking of undersized bay scallops as promulgated under ECL 13-0327.

Section 3 of the bill provides that the bill would take effect immediately.

Existing law:

ECL § 13-0327 grants DEC regulatory authority over scallops until December 31, 2013. Prior Legislative History DEC's regulatory authority to manage scallops was established in 2005 and last extended by Chapter 427 of the Laws of 2011.

Statement in support:

This bill is necessary to preserve DEC's existing regulatory authority over scallops. The existing program regulates management measures associated with, among other things, legal size, possession and catch limits, open season dates, gear restrictions, and restrictions on sale.

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 scallop populations have experienced a significant decline since 1985 due to the occurrence and repeated blooms of an unusual alga, A ureococcus anaphageffrens, also known as brown tide in the east end bays of the Peconics. Accordingly, failure to extend this authority would likely result in the uncontrolled harvest of bay scallops of any size which are presently at very low population levels and would not be protective of the resource and shellfish industry. Additionally, this regulatory authority provides DEC with the flexibility to respond to biological and environmental events such as brown tide that have a significant impact on the viability of the bay scallop resource.

This bill also clarifies that penalties provided in the law are applicable to violations of regulations related to the taking of undersized bay scallops. When DEC was granted regulatory authority for the oversight of scallops, the penalty provisions were not adjusted and the law currently refers to a provision of law which no longer exists.

Budget implications: None.

Local Impact: None.

Effective Date: The bill would take effect immediately.