BILL NUMBER: S7768
SPONSOR: RYAN C
 
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 clams
 
PURPOSE OF THE BILL:
The purpose of this bill is to extend the authority of the Department of
Environmental Conservation (DEC) to manage clams.
 
SUMMARY OF PROVISIONS:
Section 1 of this bill amends Environmental Conservation Law (ECL)
§ 13-0325(8) to extend, until December 31, 2028, DEC's authority to fix
by regulation measures for the management of hard clams, soft or steamer
clams, and razor clams.
Section 2 of this bill provides that the bill shall take effect imme-
diately.
 
JUSTIFICATION:
DEC's regulatory authority for hard clams, soft or steamer clams, and
razor clams 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 clams.
Although ECL § 13-0325 includes size limits for hard clams and soft
clams, there are no management or conservation measures established for
these species, including catch and possession limits, seasonal
restrictions, management areas, or other measures that are necessary for
the protection of the resource and their associated habitats. Also,
there are no size limits or management measures established for the
taking of razor clams in the waters of the State. The hard clam has
experienced a significant decline in population, and resource management
is needed to conserve and protect the long-term viability of hard clam
populations in the State. DEC needs regulatory authority to assist in
the adoption of conservation measures that will help support hard clam
restoration efforts undertaken by State, town and county agencies,
nongovernmental organizations such as The Nature Conservancy, and other
stakeholder organizations.
Regulatory authority is needed to support and implement hard clam resto-
ration efforts in our local bays and harbors. This legislation would
provide DEC with the necessary regulatory authority to assist in the
development and facilitation of a long-term restoration strategy for the
protection of shellfish species in the marine district.
 
PRIOR LEGISLATIVE HISTORY:
DEC's regulatory authority to manage clams was extended by Chapter 369
of the Laws of 2022.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S7768: 13-0325 environmental conservation law, 13-0325(8) environmental conservation law