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

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 oysters

Purpose of the bill

The purpose of this bill is to extend the authority of the Department of Environmental Conservation (DEC) to manage oysters.

Summary of provisions

Section 1 of this bill would amend Environmental Conservation Law (ECL) § 13-0323(3) to extend, until December 31, 2019, DEC's authority to fix, by regulation, measures for the management of oysters (Family Ostreidae).

Section 2 of this bill would make it effective immediately.

Justification

DEC's regulatory authority for oysters is necessary in order to preserve the current regulatory program. Failure to extend the existing regulatory authority by December 31, 2016 will result in the loss of regulatory protection for oysters which is necessary for the protection and management of sustainable oyster resources in New York waters.

DEC regulations currently establish a minimum size limit for oysters at no less than three inches in longest diameter (length) and a tolerance of sublegal sized oysters at no more than five percent of any bushel, package or container when unavoidably taken. The legal size limit for the taking of oysters ensures adequate protection of juvenile oyster stocks and allows sufficient time for oysters to successfully mature and reproduce prior to harvest. The regulations also provide for an exemption of size for oysters that are cultured or transplanted under permit from DEC.

DEC's regulatory authority is needed to provide continuity between state and town laws concerning legal oyster harvest and assist law enforcement agencies charged with enforcing compliance with shellfish laws and regulations. DEC's regulations were established to be consistent with Town Codes for the taking of oysters and to provide for a uniform size limit controlling the harvest of oysters in both State and Town waters. The New York State Shellfish Advisory Committee is in support of DEC's current regulatory program.

This regulatory program also recognized that more than ninety percent of the oysters harvested and sold in New York State are cultured by oyster farmers. Therefore, a size exemption for cultivated oysters was adopted. Continued regulatory authority is needed to develop management measures that will support these restoration efforts and ensure protection of oysters from overharvest.

Prior legislative history

ECL § 13-1339-a was added by Chapter 196 of the Laws of 1999. This authority was last extended by Chapter 157 of the Laws of 2014.

Fiscal implications

None.

Effective date

This act shall take effect immediately.