Extends the authority of the department of environmental conservation to manage the American shad.
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 American shad
Purpose of the Bill:
This bill would extend the authority of the Department of Environmental Conservation (DEC) to manage American shad.
Summary of Provisions:
Section 1 of the bill amends Environmental Conservation Law (ECL) 13-0339-a(1)(e) to extend, until December 31, 2018, DEC's authority to fix by regulation measures for the management of American shad (Alosa sapidissima).
Section 2 of the bill provides for an immediate effective date.
ECL § 13-0339-a(1)(e) grants DEC regulatory authority to manage American shad until December 31, 2014.
Prior Legislative History:
DEC's regulatory authority to manage American shad was last extended by Chapter 294 of the Laws of 2011.
Statement in Support:
DEC's regulatory authority for American shad is necessary in order to preserve the current regulatory program. Failure to extend the existing regulatory authority by December 31, 2014 would result in the loss of regulatory protection for American shad.
American shad are managed pursuant to the Interstate Fishery Management Plan (FMP) for Shad and River Herring adopted by the Atlantic States Marine Fisheries Commission. The bill would extend DEC's regulatory authority for American shad for an additional four years, and ensure that DEC continues to be able to maintain compliance with the FMP. 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 fishery for American shad.
In March 2011, to allow for stock recovery, DEC closed both the recreational and commercial American shad fisheries in the Hudson River and tributaries north of the George Washington Bridge. New York's ability to adopt these regulatory amendments allowed New York to act quickly in response to the most recent stock assessment showing that American shad abundance was at an all-time low.
The bill would have no impact on local governments.
The bill would take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 6992 IN SENATE April 11, 2014 ___________Introduced by Sen. MARTINS -- (at request of the Department of Environ- mental 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 extending the authority of the department of environmental conserva- tion to manage American shad THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph e of subdivision 1 of section 13-0339-a of the environmental conservation law, as amended by chapter 294 of the laws of 2011, is amended to read as follows: e. American shad (Alosa sapidissima) until December thirty-first, two thousand
[fourteen]EIGHTEEN, S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13956-01-4