BILL NUMBER:S4782

TITLE OF BILL:

An act to amend chapter 435 of the laws of 2011, amending the
environmental conservation law relating to prohibiting the taking of
striped bass from the Hudson river for commercial purposes, in
relation to the effectiveness thereof

PURPOSE OR GENERAL IDEA:

To extend the current legislative prohibition on commercial fishing of
striped bass in the Hudson River until April 1, 2019.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill would amend section 2 of chapter 435 of the laws
of 2011, to extend the expiration and repeal of environmental
conservation law section 11-1321 (10) prohibiting the taking of
striped bass from the Hudson River for commercial purposes until April
1, 2019 at which time it shall expire and be deemed repealed.

Section 2 is the effective date.

JUSTIFICATION:

              

In 2011 both houses passed and the Governor signed legislation to
prohibit the taking of striped bass from the Hudson River for
commercial purposes. This legislation expires April 1, 2015. The need
for extending the prohibition on commercial fishing of striped bass in
the Hudson River still exists today. Reopening commercial fishing of
Hudson River striped bass could adversely affect public health, the
striped bass ecosystem, local economies, tourism and the nation-wide
striped bass market. Since the late 1970's, commercial fishing of
Hudson River striped bass has been prohibited by the Department of
Environmental Conservation due to the high level of PCB's
polychlorinated biphenyls) found in the fish's flesh. Pursuant to
Chapter 29 of the Laws of 2000, the New York State Department of
Environmental Conservation appointed a Temporary Advisory Committee to
report to the Commissioner on management of striped bass in the Hudson
River. The Committee reached no consensus on reopening commercial
striped bass fishing. The DEC is contemplating lifting the ban,.
Public health concerns have been raised about consumption of fish from
the Hudson due to the presence of PCB's and heavy metals such as
mercury. Human ingestion of PCB-laden fish has been linked to numerous
cognitive and developmental problems. Although recreational fishermen
are likely to know safe fish-consumption limits, consumers of
commercially available fish would not necessarily be so knowledgeable.
Reopening of the Hudson River striped bass commercial fishing could
significantly impact the entire national striped bass market by
causing consumer uncertainty as to whether the striped bass they were
consuming was from the Hudson. Reopening commercial fishing could lead
to the depletion of the striped bass population with immediate loss of
the significant recreational industry that has developed from across
the nation to fish the "striper" and the loss of the significant
revenues it generates to local Hudson River communities.


PRIOR LEGISLATIVE HISTORY:

2011: A7487/S4633 passed both houses, signed chap. 435

FISCAL IMPLICATION FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

This act shall take effect immediately, and shall be deemed to have
been in full force and effect on and after April 1, 2015.