BILL NUMBER: S7774
SPONSOR: FAHY
 
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 hickory shad
 
PURPOSE OF THE BILL:
The purpose of this bill is to extend the authority of the Department of
Environmental Conservation (DEC) to manage hickory shad.
 
SUMMARY OF PROVISIONS:
Section 1 of this bill amends Environmental Conservation Law (ECL)
§ 13-0339-a(1)(i) to extend, until December 31, 2028, DEC's authority to
fix by regulation measures for the management of hickory shad (Alosa
mediocris).
Section 2 of this bill provides that the bill shall take effect imme-
diately.
 
JUSTIFICATION:
DEC's regulatory authority for hickory shad is necessary in order to
preserve the current regulatory program. Failure to extend the existing
regulatory authority by December 31, 2025 will result in the loss of
regulatory protection for this species.
This bill would extend DEC's regulatory authority for hickory shad for
an additional three years and ensure that DEC continues to maintain
compliance with the Interstate Fishery Management Plan for Shad and
River Herring adopted by the Atlantic States Marine Fisheries Commission
(ASMFC). ECL § 13- 0105, which sets forth the marine fisheries conserva-
tion and management policy, provides that one of the State's objectives
shall be the management of the State's transboundary and migratory
species consistent with any interjurisdictional management plans, inter-
state or state-federal. Moreover, failure to make necessary regulatory
changes as may be required by the Fishery Management Plan could result
in the closure of New York's hickory shad fishery.
 
PRIOR LEGISLATIVE HISTORY:
DEC's regulatory authority was last extended by Chapter 302 of the laws
of 2022.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S7774: 13-0339-a environmental conservation law, 13-0339-a(1) environmental conservation law