Relates to extending the authority of the department of environmental conservation to manage bluefish

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 bluefish

Purpose of the bill

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

Summary of provisions

Section 1 of this bill amends Environmental Conservation Law (ECL) § 13-0340 to extend, until December 31, 2019, DEC's authority to fix by regulation measures for the management of bluefish (Pomatomus saltatrix).

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

Justification

DEC's regulatory authority for bluefish 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 bluefish.

This bill would extend DEC's regulatory authority for an additional three years, and ensure that DEC continues to be able to maintain compliance with the Fishery Management Plan (FMP) forb, adopted jointly by the Mid-Atlantic Fishery Management Council and the Atlantic States Marine Fisheries Commission. 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 FMP could result in the closure of New York's bluefish fishery.

Prior legislative history

DEC's regulatory authority was last extended by Chapter 166 of the Laws of 2014.

Fiscal implications

None.

Effective date

This act shall take effect immediately.