BILL NUMBER: S7771
SPONSOR: HINCHEY
 
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 the American shad
 
PURPOSE OF THE BILL:
The purpose of this bill is to extend the authority of the Department of
Environmental Conservation (DEC) to manage American shad.
 
SUMMARY OF PROVISIONS:
Section 1 of this bill amends Environmental Conservation Law (ECL)
§ 13-0339-a(1)(e) to extend, until December 31, 2028, DEC's authority to
fix by regulation measures for the management of American shad (Alosa
sapidissima).
Section 2 of this bill provides that the bill shall take effect imme-
diately. Justification:
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, 2025 will 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 (ASMFC). This bill would extend DEC's regu-
latory authority for American shad for an additional three years, and
ensure that DEC continues to maintain compliance with the FMP. ECL §
13-0105, which sets forth the marine fisheries conservation and manage-
ment 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, interstate or state-fed-
eral. Moreover, failure to make necessary regulatory changes as may be
required by an applicable FMP could result in the closure of New York's
American shad fishery.
In March of 2010, to allow for stock recovery, DEC closed both the
recreational and commercial American shad fisheries in the Marine
District and the Hudson River and tributaries north of the George Wash-
ington 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 the American shad population was at an all-time low.
 
PRIOR LEGISLATIVE HISTORY:
DEC's authority was last extended by Chapter 205 of the Laws of 2022.
Fiscal implications: None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S7771: 13-0339-a environmental conservation law, 13-0339-a(1) environmental conservation law