BILL NUMBER: S10040
SPONSOR: MARTINEZ
 
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 black sea bass
 
PURPOSE OF THE BILL:
The purpose of this bill is to extend the authority of the Department of
Environmental Conservation (DEC) to manage black sea bass.
 
SUMMARY OF PROVISIONS:
Section 1 of this bill amends Environmental Conservation Law (ECL) §
13-0340-f to extend, until December 31, 2029, DEC's authority to fix by
regulation measures for the management of black sea bass (Centropristis
striata).
Section 2 of this bill provides that the bill shall take effect imme-
diately.
 
JUSTIFICATION:
DEC's regulatory authority for black sea bass 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 black sea bass.
This bill would extend DEC's regulatory authority for an additional
three years, and ensure that DEC continues to be able to maintain
compliance with the Summer Flounder, Scup and Black Sea Bass Fishery
Management Plan (FMP) adopted jointly by the Mid-Atlantic Fishery
Management Council and 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
that the management of the State's transboundary and migratory species
shall be consistent with any interjurisdictional management plans,
interstate or state-federal. Moreover, failure to make necessary regu-
latory changes as may be required by the FMP could result in the closure
of New York's black sea bass fishery.
 
PRIOR LEGISLATIVE HISTORY:
DEC's authority was last extended by Chapter 314 of the Laws of 2023.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S10040: 13-0340-f environmental conservation law