What's happening
This bill allows the Department of Environmental Conservation to manage certain marine species by order, updates crab permit rules, and requires a license and reporting for whelk or conch dealers.
Why it matters
Increases flexibility and responsiveness in marine species management. by allowing the Department of Environmental Conservation (DEC) to set or adjust key rules (like catch limits and seasons) more quickly through administrative orders, rather than traditional, slower regulatory processes. This can help the state comply rapidly with interstate and federal fishery agreements or conservation needs.
Expands stakeholder consultation requirements. before new marine management orders or regulations are issued, ensuring both commercial and recreational fishing interests have a chance to provide input, except in emergencies. This could result in more balanced policies and fewer conflicts between regulators and affected communities.
Strengthens oversight of commercial crab harvesting. by clarifying that the permit holder must be present on board whenever permitted crab fishing gear is used. This aims to prevent abuses such as permit “lending” and helps ensure accountability for legal and sustainable harvesting.
Introduces new licensing and reporting for whelk/conch dealers. , requiring anyone buying from harvesters for resale or shipment to have a DEC-issued dealer’s license and to report all transactions. This enhances traceability in the seafood supply chain, supports conservation, and helps combat illegal or unregulated trade in these valuable species.
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Who cares
Department of Environmental Conservation
The bill would authorize marine fisheries management by order, including catch limits and seasons needed to implement interstate or state-federal management plans.
Commercial fishermen and recreational anglers
They would face fisheries limits set by order as well as regulation, with affected fishing interests entitled to consultation before orders are proposed.
Commercial crab permit holders
Holders of vessel-endorsed permits would have to remain aboard while permit privileges are exercised and while their crab gear is set or retrieved.
Whelk and conch dealers and shippers
Buyers purchasing from licensed harvesters for resale, transport or other covered purposes would need a marine food fish and crustacean dealer and shipper’s license and would have to report all whelk or conch transactions to the department.
Headline styles
Tighten Rules for Marine Fishing
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
6 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6534
2017-2018 Regular Sessions
IN SENATE
June 1, 2017
Introduced by Sen. O'MARA -- (at request of the Department of Environmental Conservation) -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the management of certain marine species by order, crab permits, and whelk sales
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 11-0303 of the environmental conservation law, as amended by chapter 193 of the laws of 2015, is amended to read as follows:
3. The department may, until December thirty-first, two thousand eighteen, fix by order or regulation measures for the management of striped bass, including size limits, catch and possession limits, open and closed seasons, closed areas, restrictions on the manner of taking and landing, requirements for permits and eligibility therefor, recordkeeping requirements, requirements on the amount and type of fishing effort and gear, and requirements relating to transportation, possession and sale, provided that such regulations or orders are no less restrictive than requirements set forth in this chapter and provided further that such regulations or orders are consistent with the compliance requirements of applicable fishery management plans adopted by the Atlantic States Marine Fisheries Commission and with applicable provisions of fishery management plans adopted pursuant to the Federal Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.). The commissioner may issue orders for the purpose of establishing size, catch and possession limits and open and closed seasons necessary to implement interstate or state-federal interjurisdictional management plans. Notice of the requirements adopted by such order shall be provided by department press release and any other means that the department determines to be appropriate and effective, including posting on the department's
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10003-01-7
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public website at least ten days prior to the effective date. Such order shall be filed in the commissioner's office and a certified copy shall be filed in the office of the secretary of the state.
§ 2. Subdivision 2 of section 13-0105 of the environmental conservation law, as added by chapter 365 of the laws of 1994, is amended to read as follows:
2. Prior to proposing regulations or orders for the management of marine fish, mollusks (Phylum mollusca) or crustaceans (Class crustacea) found in the marine and coastal district, the department shall identify recreational and commercial fisheries interests which may be affected by the proposed regulations or orders and directly consult with such interests. Such consultation may include, as appropriate, the conduct of meetings with invited representatives of fisheries interests, public information meetings, public hearings, direct mailings of information and public comment solicitations, and publication of proposals and comment solicitations in trade publications, and other measures. Such consultation shall include a meeting with the marine resources advisory council. No consultation shall be required prior to proposing emergency regulations. The commissioner may issue orders for the purpose of establishing size, catch and possession limits and open and closed seasons necessary to implement interstate or state-federal interjurisdictional management plans. Notice of the requirements adopted by such order shall be provided by department press release and any other means that the department determines to be appropriate and effective, including posting on the department's public website at least ten days prior to the effective date. Such order shall be filed in the commissioner's office and a certified copy shall be filed in the office of the secretary of the state.
§ 3. Subdivision 16 of section 13-0329 of the environmental conservation law, as amended by chapter 132 of the laws of 2015, is amended to read as follows:
16. The department may, until December thirty-first, two thousand eighteen, adopt regulations or orders for Atlantic States Marine Fisheries Commission Areas One, Two, Three, Four, Five, and Outer Cape Cod, 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 Atlantic States Marine Fisheries Commission.
§ 4. Subdivision 1 of section 13-0339 of the environmental conservation law, as amended by chapter 156 of the laws of 2003, is amended to read as follows:
1. a. The taking of fish with nets in the marine and coastal district is governed by sections 13-0333, 13-0335, 13-0341, 13-0343, 13-0347 and 11-1521, and regulations or orders adopted pursuant to sections 11-0303, 11-1303, 13-0338, 13-0339-a, 13-0340, 13-0340-a, 13-0340-b, 13-0340-c, 13-0340-d, 13-0340-e, 13-0340-f and 13-0340-g of this chapter. The taking of fish by other means, in the marine and coastal district, is governed by title 13 of article 11 of the Fish and Wildlife Law, subject to restrictions in section 13-0343 as to certain waters, and to provisions of sections 13-0347 and 11-1521 and regulations or orders adopted pursuant to section 11-0303 of this chapter as to striped bass and sections 13-0338, 13-0339-a, 13-0340, 13-0340-a, 13-0340-b, 13-0340-c, 13-0340-d, 13-0340-e, 13-0340-f and 13-0340-g as to other species of marine fish. The taking, and sale or taking for sale, of certain bait fish are governed by section 11-1315 of this chapter.
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b. Open seasons, minimum size limits and catch limits for fish other than the marine species named in subdivisions 2 and 3 of this section are specified by regulations or orders adopted pursuant to sections 11-0303, 11-1303, 13-0338, 13-0339-a, 13-0340, 13-0340-a, 13-0340-b, 13-0340-c, 13-0340-d, 13-0340-e, 13-0340-f and 13-0340-g of this chapter. All shortnose sturgeon irrespective of size and all Atlantic sturgeon under the size limits prescribed by regulations or orders adopted pursuant to section 11-1303 of this chapter taken in gill nets shall be immediately returned to the water without unnecessary injury. Other fish named by regulations or orders adopted pursuant to sections 11-0303, 11-1303, 13-0338, 13-0339-a, 13-0340, 13-0340-a, 13-0340-b, 13-0340-c, 13-0340-d, 13-0340-e, 13-0340-f and 13-0340-g of this chapter and under the size limits prescribed in such regulations or orders, shall not be bought, sold or trafficked in.
c. The sale, possession and transportation of fish, other than the marine species named in subdivisions 2 and 3 of this section are governed by sections 11-1319, 11-1521 and 13-0347, and regulations or orders adopted pursuant to sections 11-0303, 11-1303, 13-0338, 13-0339-a, 13-0340, 13-0340-a, 13-0340-b, 13-0340-c, 13-0340-d, 13-0340-e, 13-0340-f and 13-0340-g of this chapter.
§ 5. Section 13-0340 of the environmental conservation law, as amended by chapter 147 of the laws of 2016, is amended to read as follows: § 13-0340. Bluefish (Pomatomus saltatrix).
The department may, until December thirty-first, two thousand nineteen, fix by order or regulation measures for the management of bluefish (Pomatomus saltatrix), including size limits, catch and possession limits, open and closed seasons, closed areas, restrictions on the manner of taking and landing, requirements for permits and eligibility therefor, recordkeeping requirements, requirements on the amount and type of fishing effort and gear, and requirements relating to transportation, possession and sale, provided that such regulations or orders are no less restrictive than requirements set forth in this chapter and provided further that such regulations or orders are consistent with the compliance requirements of applicable fishery management plans adopted by the Atlantic States Marine Fisheries Commission and with applicable provisions of fishery management plans adopted pursuant to the Federal Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
§ 6. Section 13-0340-a of the environmental conservation law, as amended by chapter 148 of the laws of 2016, is amended to read as follows: § 13-0340-a. Weakfish (Cynoscion regalis).
The department may, until December thirty-first, two thousand nineteen, fix by order or regulation measures for the management of weakfish (Cynoscion regalis), including size limits, catch and possession limits, open and closed seasons, closed areas, restrictions on the manner of taking and landing, requirements for permits and eligibility therefor, recordkeeping requirements, requirements on the amount and type of fishing effort and gear, and requirements relating to transportation, possession and sale, provided that such regulations or orders are no less restrictive than requirements set forth in this chapter and provided further that such regulations or orders are consistent with the compliance requirements of applicable fishery management plans adopted by the Atlantic States Marine Fisheries Commission and with applicable provisions of fishery management plans adopted pursuant to the Federal Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
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§ 7. Section 13-0340-b of the environmental conservation law, as amended by chapter 189 of the laws of 2015, is amended to read as as follows: § 13-0340-b. Fluke - summer flounder (Paralichthys dentatus).
The department may, until December thirty-first, two thousand seventeen, fix by order or regulation measures for the management of fluke or summer flounder (Paralichthys dentatus), including size limits, catch and possession limits, open and closed seasons, closed areas, restrictions on the manner of taking and landing, requirements for permits and eligibility therefor, recordkeeping requirements, requirements on the amount and type of fishing effort and gear, and requirements relating to transportation, possession and sale, provided that such regulations or orders are no less restrictive than requirements set forth in this chapter and provided further that such regulations or orders are consistent with the compliance requirements of applicable fishery management plans adopted by the Atlantic States Marine Fisheries Commission and with applicable provisions of fishery management plans adopted pursuant to the Federal Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
§ 8. Section 13-0340-c of the environmental conservation law, as amended by chapter 136 of the laws of 2015, is amended to read as follows: § 13-0340-c. Winter flounder (Pleuorenectes americanus).
The department may, until December thirty-first, two thousand seventeen, fix by order or regulation measures for the management of winter flounder (Pleuorenectes americanus), including size limits, catch and possession limits, open and closed seasons, closed areas, restrictions on the manner of taking and landing, requirements for permits and eligibility therefor, recordkeeping requirements, requirements on the amount and type of fishing effort and gear, and requirements relating to transportation, possession and sale, provided that such regulations or orders are no less restrictive than requirements set forth in this chapter and provided further that such regulations or orders are consistent with the compliance requirements of applicable fishery management plans adopted by the Atlantic States Marine Fisheries Commission and with applicable provisions of fishery management plans adopted pursuant to the Federal Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
§ 9. Subdivision 1 of section 13-0340-d of the environmental conservation law, as amended by chapter 140 of the laws of 2016, is amended to read as follows:
1. The department may, until December thirty-first, two thousand nineteen, fix by order or regulation measures for the management of blackfish (Tautoga onitis), including size limits, catch and possession limits, open and closed seasons, closed areas, restrictions on the manner of taking and landing, requirements for permits and eligibility therefor, recordkeeping requirements, requirements on the amount and type of fishing effort and gear, and requirements relating to transportation, possession and sale, provided that such regulations or orders are no less restrictive than requirements set forth in this chapter and provided further that such regulations or orders are consistent with the compliance requirements of applicable fishery management plans adopted by the Atlantic States Marine Fisheries Commission and with applicable provisions of fishery management plans adopted pursuant to the Federal Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
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§ 10. Section 13-0340-e of the environmental conservation law, as amended by chapter 191 of the laws of 2015, is amended to read as follows: § 13-0340-e. Scup (Stenotomus chrysops).
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to the management of certain marine species by order, crab permits, and whelk sales
Purpose of the bill
The purpose of this bill is amend the Fish and Wildlife Law to allow the Department of Environmental Conservation (DEC) to issue orders to implement changes consistent with federal fishery management plans and set timely changes to the State's open and closed seasons and size, catch and possession limits for striped bass, bluefish, weakfish, fluke, winter flounder, black fish, scup, and black sea bass, and lobster, equalizes lobster and crab permits regarding licensee presence on vessel, and requires a dealer's license in order to purchase whelk from harvesters for resale.
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 ASFMC fishing management requirements.
Read the full memo (1,122 words)
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 Atlantic States Marine Fisheries Commission.
Section 4 of this bill would make 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 subdivision 8 to 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 shippers license.
Section 14 of this bill would provide that the bill shall take effect immediately, provided that amendments made by sections 12 and 13 of this act will take effect on January 1, 2018.
Justification
First, 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 frequently, even 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 analysis of recreational survey data, updates to stock assessments and annual commercial landings information. As a result, DEC must issue emergency regulations to conform State marine fisheries regulations to the interjurisdictional management plans in time for season openings.
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 are based on information and input received from New York during a public comment period, including from DEC and appropriate stakeholders. This is a better process than managing through emergency regulations, which provide limited opportunity for public comment. 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.
Second, current law does not require crab permit holders to be on board a vessel while the vessel is commercially harvesting crab. Also, it is not clear whether the crab permit holder is the responsible party for any permit violations of the endorsed vessel and, in the case of an emergency, whether someone else can haul the crab permit holder's gear. However, all of these provisions are included in the law governing a holder of 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 purchase whelk or conch directly from harvesters and resell or ship whelk or conch to have a dealers and shippers license as required for other commercial food fish. Without the ability to issue permits for this type of activity, DEC is unable to track and adequately regulate the purchase, resale and shipping of whelk. This bill would provide DEC with information regarding all transactions of whelk or conch to ensure the stability of this natural resource.
Prior legislative history
2016: S.7192
Fiscal implications
None.
Effective date
This act would take effect immediately, provided that amendments made by sections 12 and 13 of this act would take effect on January 1, 2018.
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