Relates to prohibiting the taking of striped bass from the Hudson river for commercial purposes

Title of bill

An act to amend chapter 435 of the laws of 2011, amending the environmental conservation law relating to prohibiting the taking of striped bass from the Hudson river for commercial purposes, in relation to the effectiveness thereof

Purpose

To extend the current legislative prohibition on commercial fishing of striped bass in the Hudson River until April 1, 2020.

Summary of provisions

Section 1 of the bill would amend section 2 of chapter 435 of the laws of 2011, to extend the expiration and repeal of environmental conservation law section 11-1321(10) prohibiting the taking of striped bass from the Hudson River for commercial Purposes until April 1, 2020 at which time it shall expire and be deemed repealed.

Section 2 is the effective date.

JUSTIFICATION :In 2011 both houses passed and the Governor signed legislation to prohibit the taking of striped bass from the Hudson River for commercial purposes. This legislation expired April 1, 2015.

The need for extending the prohibition on commercial fishing of striped bass in the Hudson River still exists today. Reopening commercial fishing of Hudson River striped bass could adversely affect public health, the striped bass ecosystem, local economies, tourism and the nation-wide striped bass market.

Since the late 1970s, commercial fishing of Hudson River striped bass has been prohibited by the Department of Environmental Conservation due to the highest level of PCBs (polychlorinated biphenyls) found in the fish's flesh. Pursuant to Chapter 29 of the Laws of 2000, the New York State Department of Environmental Conservation appointed a Temporary Advisory Committee to report to the Commissioner on management of striped bass in the Hudson River. The Committee reached no consensus on reopening commercial striped bass fishing. The DEC is contemplating lifting the ban.

Public Health concerns have been raised about consumption of fish from the Hudson due to the presence of PCBs and heavy metals such as mercury. Human ingestion of PCB-laden fish has been linked to numerous cognitive and developmental problems. Although recreational fishermen are likely to know safe fish-consumption limits, consumers of commercially available fish would not necessarily be so knowledgeable.

Reopening of the Hudson River striped bass commercial fishing could significantly impact the entire national striped bass market by causing consumer uncertainty as to whether the striped bass they were consuming was from the Hudson.

Reopening commercial fishing could lead to the depletion of the striped bass population with immediate loss of the significant recreational industry that has developed from across the nation to fish the "striper" and the loss of the significant revenues it generates to local Hudson River communities.

Legislative history

2011: A7487/S4633 passed both houses, signed chap. 435

Fiscal implications

None.

EFFECTIVE DATE :This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2015.