BILL NUMBER: S10041
SPONSOR: SCARCELLA-SPANTON
 
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 blueback herring
 
PURPOSE OF THE BILL:
The purpose of this bill is to extend the authority of the Department of
Environmental Conservation (DEC) to manage blueback herring.
 
SUMMARY OF PROVISIONS:
Section 1 of this bill amends ECL § 13-0339-a(1)(g) to extend, until
December 31, 2029, DEC's authority to fix by regulation measures for the
management of blueback herring (Alosa aestivalis).
Section 2 of this bill provides that the bill shall take effect imme-
diately.
 
JUSTIFICATION:
DEC's regulatory authority for blueback herring is necessary in order to
preserve the current regulatory program. Failure to extend the existing
regulatory authority by December 31, 2026 will result in the loss of
regulatory protection for this species.
This bill would extend DEC's regulatory authority for blueback herring
for an additional three years, and ensure that DEC continues to be able
to maintain compliance with any applicable federal management plan or
Interstate Fishery Management Plan (FMP) adopted by the Atlantic States
Marine Fisheries Commission (ASMFC). ECL § 13-0105, which sets forth the
marine fisheries conservation and management policy, provides that one
of the State's objectives shall be that the management of the State's
transboundary and migratory species shall be consistent with any inter-
jurisdictional management plans, interstate or state-federal. Moreover,
failure to make necessary regulatory changes as may be required by an
applicable FMP could result in the closure of New York's fishery for
that species.
 
PRIOR LEGISLATIVE HISTORY:
DEC's authority was last extended by Chapter 313 of the Laws of 2023.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S10041: 13-0339-a environmental conservation law, 13-0339-a(1) environmental conservation law