Relates to extending the authority of the department of environmental conservation to manage hickory shad

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 hickory shad

Purpose of the bill

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

Summary of provisions

Section 1 of this bill would amend Environmental Conservation Law (ECL) § 13-0339-a(1)(i) to extend, until December 31, 2019, DEC's authority to fix by regulation measures for the management of hickory shad (Alosa mediocris).

Section 2 of this bill would make it effective immediately.

Justification

DEC's regulatory authority for hickory shad 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 this species.

This bill would extend DEC's regulatory authority for hickory shad for an additional three years, and ensure that DEC continues to be able to maintain compliance with the Interstate Fishery Management Plan for Shad and River Herring 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 the Fishery Management Plan could result in the closure of New York's fishery for hickory shad.

In March of 2011, to allow for stock recovery, DEC closed both the recreational and commercial American shad fisheries in the Hudson River and tributaries north of the George Washington Bridge. New York's ability to adopt these regulatory amendments allowed New York to act quickly in response to the most recent stock assessment showing that American shad abundance is at an all-time low. This authority would allow DEC to similarly respond to changes in the hickory shad population.

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.