BILL NUMBER:S4633

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to prohibiting
the taking of striped bass from the Hudson river for commercial
purposes;
and providing for the repeal of such provisions upon expiration thereof

PURPOSE OR GENERAL IDEA:
Prohibits the taking of striped bass from the
Hudson River for commercial purposes.

SUMMARY OF SPECIFIC PROVISIONS:
The bill adds a new subdivision 10 to
section 11-1321 of the environmental conservation law to prohibit
taking of striped bass from the Hudson River for commercial purposes.

JUSTIFICATION:
Chapter 29 of the Laws of 2000 required the New York
State Department of Environmental Conservation to appoint a Temporary
Advisory Committee to submit a report to the Commissioner that
included recommendations on commercial management of striped bass in
the Hudson River. The Committee resulted in no consensus decision on
reopening the fishery. The no-consensus results of the Committee
reflect the widespread uncertainty associated with reopening the
              

striped bass commercial fishery.

First, uncertainty regarding the toxicity of stripers taken from the
Hudson is widespread. PCBs that infest the waters of the Hudson are
taken up into the bodies of aquatic life and human ingestion of
PCB-laden fish has been linked to numerous cognitive and developmental
problems. Other heavy metals, most notably mercury, also contribute
to the public scrutiny and public health concerns of consuming fish
from the Hudson. Although recreational fishermen are more likely to
know fish consumption limits, a person who consumes a commercially
available fish would not know the health concerns of consuming such
fish.

Additionally, reopening of the Hudson River striped bass fishery would
have significant impact on the entire striped bass market.
Introduction of Hudson River striped bass into the national striped
bass market would cause consumer uncertainty and lack of confidence
in the market.
Consumers would not know if the striped bass they were consuming was
from the heavily polluted waters of the Hudson and would thus lose
confidence in the entire market. Therefore, the economic viability of
the striped bass market would be at stake well beyond the borders of
New York by introducing Hudson River striped bass into the market.

In local economic terms, the recreational striped bass angling
community provides large revenues to local Hudson River communities.
The depletion
of the striped bass population remains a huge concern if the fishery
is opened to commercial fishing. The depletion of the stock would
mean that immediate loss of the recreational anglers who travel from


across New York and the nation fish the "striper" and the loss of the
huge revenues they spend in River communities.

Concerns and uncertainties regarding impacts on public health, the
striped bass ecosystem, local economies, tourism, and the nation-wide
striped bass market merit the continued closure of the fishery for
commercial purposes. This bill will provide the proper statutory
means to accomplish such.

PRIOR LEGISLATIVE HISTORY:
Passed Senate in 2010.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the 120th day and be deemed
expired on April 1, 2015.