BILL NUMBER: S10046
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 the American eel
 
PURPOSE OF THE BILL:
The purpose of this bill is to extend the authority of the Department of
Environmental Conservation (DEC) to manage American eel.
 
SUMMARY OF PROVISIONS:
Section 1 of this bill amends Environmental Conservation Law (ECL) §
13-0339-a(1)(b) to extend, until December 31, 2029, DEC's authority to
fix by regulation measures for the management of American eel (Anguilla
rostrata).
Section 2 of this bill provides that the bill shall take effect imme-
diately.
 
JUSTIFICATION:
DEC's regulatory authority for American eel 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 American eel for an additional three years and
ensure that DEC continues to comply with the Interstate Fishery Manage-
ment Plan (FMP) for American Eel (Anguilla rostrata) adopted by Atlantic
States Marine Fisheries Commission in 1999, and last amended in 2014.
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 transboundary and migratory species
consistent with any interjurisdictional management plans, interstate or
state-federal. New York must have the ability to regulate the taking of
American eel in New York waters consistent with the FMP. Moreover, fail-
ure to make necessary regulatory changes as may be required by the FMP
could result in the closure of New York's American eel fishery.
 
PRIOR LEGISLATIVE HISTORY:
DEC's authority was last extended by Chapter 302 of the Laws of 2025.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S10046: 13-0339-a environmental conservation law, 13-0339-a(1) environmental conservation law