BILL NUMBER: S7862
SPONSOR: BYNOE
 
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 blackfish
 
PURPOSE OF THE BILL:
The purpose of this bill is to extend the authority of the Department of
Environmental Conservation (DEC) to manage blackfish.
 
SUMMARY OF PROVISIONS:
Section 1 of this bill amends Environmental Conservation Law (ECL)
§ 13-0340-d to extend, until December 31, 2028, DEC's authority to fix
by regulation measures for the management of blackfish (Tautoga onitis).
Section 2 of this bill provides that the bill shall take effect imme-
diately.
 
JUSTIFICATION:
DEC's regulatory authority for blackfish, or tautog, 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 blackfish.
This bill would extend DEC's regulatory authority for an additional
three years, and ensure that DEC continues to maintain compliance with
the Fishery Management Plan for Tautog (FMP) adopted by the Atlantic
States Marine Fisheries Commission. ECL § 13-0105, which sets forth the
marine fisheries conservation and management policy, provides that one
of the State's objectives shall be the management of the State's trans-
boundary and migratory species 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 blackfish fishery.
In 2018, DEC issued updated management regulations to assist in the
rebuilding of blackfish populations. DEC had to substantially shorten
the recreational and commercial fishing seasons and decrease the recre-
ational possession limit in some areas. The regulatory authority
provided by ECL § 13-0340-d allowed DEC to timely adopt measures needed
to comply with changes to the FMP.
 
PRIOR LEGISLATIVE HISTORY:
DEC's regulatory authority was last extended by Chapter 297 of the laws
of 2022.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S7862: 13-0340-d environmental conservation law, 13-0340-d(1) environmental conservation law