BILL NUMBER: S10039
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 Atlantic herring
 
PURPOSE OF THE BILL:
The purpose of this bill is to extend the authority of the Department of
Environmental Conservation (DEC) to manage Atlantic herring.
 
SUMMARY OF PROVISIONS:
Section 1 of this bill amends Environmental Conservation Law (ECL) §
13-0339-a(1)(d) to extend, until December 31, 2029, DEC's authority to
fix by regulation measures for the management of Atlantic herring
(Clupea harengus).
Section 2 of this bill provides that the bill shall take effect imme-
diately.
 
JUSTIFICATION:
DEC's regulatory authority for Atlantic herring is necessary to preserve
the current regulatory program. Failure to extend the existing regulato-
ry authority by December 31, 2026 will result in the loss of regulatory
protection for these species.
This bill would extend DEC's regulatory authority for Atlantic 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 340 of the Laws of 2023.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S10039: 13-0339-a environmental conservation law, 13-0339-a(1) environmental conservation law