Relates to the management of certain marine species

2. SUMMARY OF PROVISIONS :

Section 1 of this bill would amend Environmental Conservation Law (ECL) § 11-0303(2) to provide DEC with authority to issue orders for the management of striped bass consistent with ASMFC fishing management requirements.

Section 2 of this bill would amend ECL § 13-0105(2) to provide DEC with authority to issue orders for the purpose of establishing size, catch and possession limits and open and closed seasons necessary to implement applicable interstate or state-federal interjurisdictional management plans for marine fish, mollusks or crustaceans and to consult with recreational and commercial fishing interests prior to such adoption. DEC would be required to post notice of requirements adopted by order by press release and any other appropriate and effective means, including posting on DEC's website.

Section 3 of this bill would amend ECL § 13-0329(16) to provide DEC with authority to issue orders to implement conservation measures that affect landings of lobsters, pursuant to the recommendations of the respective Area's Lobster Conservation Management Team as required by the Interstate Fishery Management Plan for American Lobster adopted by the ASMFC.

Section 4 of this bill makes conforming changes to ECL § 13-0339.

Section 5 of this bill would amend ECL § 13-0340 to provide DEC with authority to issue orders for the management of bluefish.

Section 6 of this bill would amend ECL § 13-0340-a to provide DEC with authority to issue orders for the management of weakfish.

Section 7 of this bill would amend ECL § 13-0340-b to provide DEC with authority to issue orders for the management of fluke or summer flounder.

Section 8 of this bill would amend ECL § 13-0340-c to provide the DEC with authority to issue orders for the management of winter flounder.

Section 9 of this bill would amend ECL § 13-0340-d to provide DEC with authority to issue orders for the management of blackfish or tautog.

Section 10 of this bill would amend ECL § 13-0340-e to provide DEC with authority to issue orders for the management of scup.

Section 11 of this bill would amend ECL § 13-0340-f to provide DEC with authority to issue orders for the management of black sea bass.

Section 12 of this bill would amend ECL § 13-0331 to clarify that the permit holder must be present and on board a vessel when crab fishing gear is being used.

Section 13 of this bill would add a new section ECL § 13-0334 to require persons who purchase whelk or conch directly from a harvester for the purpose of resale, trade or barter, shipping, transport, or other traffic to obtain a marine food fish and crustaceans dealers and shipper's license.

Section 14 of this bill would make it effective immediately, but the amendments made by sections 12 and 13 of this act would take effect on January 1, 2017.

3. EXISTING LAW :

ECL § 11-0303(3) grants DEC regulatory authority for striped bass.

ECL § 13-0105(2) requires DEC to directly identify and consult with recreational and commercial fisheries prior to proposing regulations for the management of marine fish, mollusks and crustaceans, including consultation with MRAC. No such consultation is necessary prior to proposing emergency regulations.

ECL § 13-0329(16) grants DEC regulatory authority for lobsters in ASMFC Areas One, Two, Three, Four, Five and Outer Cape.

Subdivisions 1, 2 and 3 of ECL § 13-0339 outline the basis of DEC's authority to regulate (1) the taking of fish in the marine and coastal district; (2) open seasons, minimum size limits and catch limits for fish; and (3) the sale, possession and transport of fish.

ECL § 13-0340 grants DEC regulatory authority for bluefish. ECL § 13-0340-a grants DEC regulatory authority for weakfish. ECL § 13-0340-b grants DEC regulatory authority for fluke-summer flounder. ECL § 13-0340-c grants DEC regulatory authority for winter flounder. ECL § 13-0340-d grants DEC regulatory authority for blackfish. ECL § 13- 0340-e grants DEC regulatory authority for scup. ECL § 13-0340-f grants DEC regulatory authority for black sea bass.

ECL § 13-0331 describes the requirements and restriction on the taking of crabs for commercial purposes.

ECL § 13-0334 describes the requirements and restrictions on the marine and coastal district food fish and crustacean dealers and shippers license.

4. LEGISLATIVE HISTORY :

This is a new bill.

5. STATEMENT IN SUPPORT :

Changes to marine fisheries regulations, including season dates, are set in accordance with the applicable requirements of interstate or state-federal interjurisdictional management plans. For some species, these change annually. However, changes to federal fishery management plans historically have not been finalized until shortly before the fishing season begins. There is no expectation that this timeline will change because it is driven by annual conduct and analysis of recreational survey data. As a result, DEC must issue emergency regulations to conform State marine fisheries regulations to the interjurisdictional management plans in time for opening day.

This proposal would allow DEC to issue Commissioner's Orders to establish the size, catch and possession limits, and open and closed seasons, for certain marine fish necessary to implement interjurisdictional management plans, rather than requiring DEC to annually issue emergency regulations. DEC would retain the option to issue its own regulations, if it chooses to do so, provided that they are no less restrictive than the federal regulations.

These management plans provide opportunity for public comment, and are based on information and input received from a variety of stakeholders. Therefore, providing an additional opportunity for public comment through the rulemaking process is not necessary and under the current scheme, since management is typically done by emergency regulation, is not afforded until after the management plan has been implemented. Other states, including Connecticut and New Hampshire, currently have and utilize the authority to issue a commissioner declaration when implementing interjurisdictional management plans for certain marine fish managed under the Atlantic States Marine Fisheries Compact.

Emergency regulations have been issued for shellfish and black sea bass every year from 2010-2015; summer flounder every year from 2010-2014; winter flounder in 2010; scup in 2010, 2012, and 2013; lobster in 2012, 2013, and 2014; striped bass in 2015; and tautog in 2012.

Currently, crab permit holders are not required to be on board a vessel while the vessel is commercially harvesting crab. Also, it is not clear in the law that the crab permit holder is the responsible party for any permit violations of the endorsed vessel and in the case of an emergency, that someone else can haul the crab permit holder's gear. However, all of these provisions are included with a commercial lobster permit. Both crab and lobster permits are subject to limited entry and permit holders must meet income requirements. By addressing this inconsistency in law, DEC can enhance understanding and enforcement of rules and, in the case of emergency situations, prevent a situation where gear is sitting in the water for weeks without being checked, possibly resulting in unnecessary crab mortality and wasted natural resources.

Lastly, this bill would require individuals who resell or ship whelk or conch to have a dealers and shipper's license. Without the ability to issue permits for this type of activity, DEC is unable to track and adequately regulate the resale and shipping of whelk. This legislation will provide DEC with information regarding all transactions of whelk or conch to ensure the stability of this natural resource.

6. BUDGET IMPLICATIONS :

None.

7. LOCAL IMPACT :

This bill would have no impact on local governments.

8. EFFECTIVE DATE : Section 14 of this bill would take effect immediately, but the amendments made by sections 12 and 13 of this act would take effect on January 1, 2017.