BILL NUMBER: S7769A
SPONSOR: BASKIN
 
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 OR GENERAL IDEA OF 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 one of this bill would amend Environmental Conservation Law §
13-0323(3) to extend, until December 31, 2027, DEC's authority to fix by
regulation, measures for the management of oysters (Family Ostreidae).
Section two of this bill provides that the bill shall take effect imme-
diately.
 
JUSTIFICATION:
DEC's regulatory authority for oysters is necessary to preserve current
management measures. Failure to extend the existing regulatory authority
will result in the loss of regulatory protection necessary for the
protection and management of sustainable oyster resources in New York
waters. For example, 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. This is especially
important since the eastern oyster has experienced a significant decline
in population. Management measures are needed to conserve and protect
the long-term viability of oyster resources in state waters.
DEC's regulatory authority is also necessary to provide continuity
between state and town laws concerning legal oyster harvest and assist
law enforcement agencies charged with enforcing compliance with shellf-
ish laws and regulations.
 
PRIOR LEGISLATIVE HISTORY:
2022: S9301 Mannion - Chapter 367 of the Laws of 2022.
2019: S6364 Martinez - Chapter 220 of the Laws of 2019.
 
BUDGET IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This bill would take effect immediately.

Statutes affected:
S7769: 13-0323 environmental conservation law, 13-0323(3) environmental conservation law
S7769A: 13-0323 environmental conservation law, 13-0323(3) environmental conservation law