What's happening
This bill extends the Department of Environmental Conservation's authority to regulate oyster management in New York until December 31, 2022.
Why it matters
Ensures continued oversight of oyster populations. , which helps prevent overharvesting and supports the long-term sustainability of New York's natural oyster resources.
Allows the Department of Environmental Conservation (DEC) to adapt management measures. such as setting size limits, harvest seasons, and gear restrictions—as environmental conditions, scientific understanding, or industry needs change.
Directly affects commercial and recreational oyster harvesters, seafood businesses, and coastal communities. by maintaining regulatory stability and protecting jobs and local economies tied to the oyster industry.
Helps safeguard water quality and coastal ecosystems. , since healthy oyster populations contribute to filtering water and providing habitat for other marine life.
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Who cares
Department of Environmental Conservation
The bill would extend its authority to regulate oyster management through December 31, 2022.
Commercial oyster harvesters
The extension would keep size limits, catch limits, seasons, closed areas, permit eligibility and fishing gear subject to department regulation.
Oyster dealers and transporters
The department would retain authority to regulate oyster transportation, possession and sale, along with recordkeeping and identification requirements.
Headline styles
Extend Oyster Management Authority
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by A7679
- Ordered to third reading cal.1272
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Extend Oyster Management Powers
Signed by Governor · Sponsor Steven Otis
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6364
2019-2020 Regular Sessions
IN SENATE
June 6, 2019
Introduced by Sen. MARTINEZ -- (at request of the Department of Environmental Conservation) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the environmental conservation law, in relation to extending the authority of the department of environmental conservation to manage oysters
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 13-0323 of the environmental conservation law, as amended by chapter 201 of the laws of 2016, is amended to read as follows:
3. The department may, until December thirty-first, two thousand [nineteen] twenty-two, fix by regulation measures for the management of oysters (Family Ostreidae) 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 and identification requirements, requirements on the amount and type of fishing effort and gear, and requirements relating to transportation, possession and sale, provided that such regulations are no less restrictive than requirements set forth in this chapter.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09071-01-9
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 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, 2022, DEC's authority to fix by regulation, measures for the management of oysters (Family Ostrei- dae).
Section 2 of this bill provides that the bill shall take effect imme- diately.
Statement in support
DEC's regulatory authority for oysters is necessary in order to preserve the current regulatory program. Failure to extend the existing regulato- ry authority by December 31, 2019 will result in the loss of regulatory protection for oysters which is necessary for the protection and manage- ment 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 conti- nuity 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 fifty 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.
The eastern oyster has experienced a significant decline in population, and management measures are needed to conserve and protect the long-term viability of oyster resources in state waters. There has been growing interest in oyster restoration in the marine district. Continued regu- latory authority is needed to develop management measures that will support these restoration efforts and ensure protection of oysters from overharvest.
Prior legislative history
DEC's regulatory authority to manage oysters was last extended by Chap- ter 201 of the Laws of 2016.
Budget implications
None.
Effective date
This bill would take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.