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

BILL NUMBER:S4367A

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 sharks

Purpose of Bill:

The bill would extend the authority of the Department of Environmental Conservation (DEC) to manage sharks and make technical changes to the definition of "shark."

Summary of provisions:

Section 1 of this bill would amend ECL § 13-0338(4) to extend, until December 31, 2015, DEC's authority to fix by regulation measures for the management of sharks.

Section 2 of this bill provides that the bill would take effect immediately.

Existing law:

ECL § 13-0338 grants DEC regulatory authority until December 31, 2013 over the management of sharks, and defines the term "shark" as any species of the order Squaliformes except those in the suborder Batoidei.

Prior Legislative history:

DEC was first provided with regulatory authority to manage sharks in Chapter 231 of the Laws of 1992. Such authority was last extended by Chapter 428 of the Laws of 2011.

Statement in support:

ECL § 13-0105 establishes that the State's marine fisheries conservation and management policy shall be consistent with any inter-jurisdictional, interstate or state-federal management plans. This bill would extend DEC's regulatory authority concerning the management of sharks for an additional four years to ensure that DEC continues to be able to maintain compliance with both the Interstate Fishery Management Plan (FMP) for Atlantic Coastal Sharks and the FMP for Spiny Dogfish adopted by the Atlantic States Marine Fisheries Commission. Failure to make necessary regulatory changes as may be required by the FMPs could result in the closure of New York's shark fisheries.

Budget implications:

None.

Local Impact:

None.

Effective Date:

The bill would take effect immediately.