Extends the authority of the department of environmental conservation to manage Atlantic and shortnose sturgeon

BILL NUMBER:S4848

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 Atlantic and shortnose sturgeon

Purpose of the Bill:

The purpose of this bill is to extend the authority of the Department of Environmental Conservation (DEC) to manage Atlantic and shortnose sturgeon.

Summary of Provisions:

Section 1 of this bill amends Environmental Conservation Law (ECL) 13-0339-a(1)(c) to extend, until December 31, 2017, DEC's authority to fix by regulation measures for the management of Atlantic sturgeon (Acipenser oxyrhynchus) and shortnose sturgeon (Acipenser brevirostrum).

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

Existing Law:

ECL § 13-0339-a(1)(c) grants DEC regulatory authority, until December 31, 2015, for the management of Atlantic and shortnose sturgeon.

Prior Legislative History:

DEC's regulatory authority for Atlantic and shortnose sturgeon was last extended by Chapter 36 of the Laws of 2013.

Statement in Support:

DEC's regulatory authority for Atlantic and shortnose sturgeon is necessary to preserve the current regulatory program. Failure to extend the existing regulatory authority by December 31, 2015 would reduce New York's ability to effectively manage for Atlantic and shortnose sturgeon in a timely manner.

This bill would extend DEC's regulatory authority for Atlantic and shortnose sturgeon for an additional two years, and ensure that DEC continues to be able to maintain compliance with any applicable federal management plan or Interstate Fishery Management Plan (FMP) adopted by the Atlantic States Marine Fisheries Commission (ASMFC). ECL § 13-0105, which sets forth the marine fisheries conservation and management policy, provides that one of the State's objectives shall be that the management of the State's transboundary and migratory species shall be consistent with any interjurisdictional management plans, interstate or state-federal. Moreover, failure to make necessary regulatory changes as may be required by an applicable FMP could result in the closure of New York's fishery for that species. Atlantic sturgeon is managed pursuant to the FMP for Atlantic Sturgeon adopted by ASMFC. The 1998 amendment to the FMP required closure of all states' sturgeon fisheries and the possession of Atlantic sturgeon is currently prohibited in New York. Effective February 6, 2012, the

New York population of Atlantic sturgeon were listed as endangered pursuant to federal Endangered Species Act of 1973

The shortnose sturgeon is officially listed as endangered, and is therefore fully protected pursuant to the federal Endangered Species Act of 1973. It is also listed as endangered in New York State pursuant to ECL § 11-0535. It is therefore unlawful to kill or possess this fish. Abundance of shortnose sturgeon is increasing, and its status may be upgraded in the future. If so, it will be necessary for New York to have regulatory authority to protect the recovered stock.

Budget implications:

None.

Local impact:

This bill would have no impact on local governments.

Effective Date:

This act shall take effect immediately.