BILL NUMBER: S10072
SPONSOR: BOTTCHER
 
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 winter flounder
 
PURPOSE OF THE BILL:
The purpose of this bill is to extend the authority of the Department of
Environmental Conservation (DEC) to manage winter flounder.
 
SUMMARY OF PROVISIONS:
Section 1 of this bill amends Environmental Conservation Law (ECL)
13-0340-c to extend, until December 31, 2029, DEC's authority to fix by
regulation measures for the management of winter flounder (Pleuorenectes
americanus).
Section 2 of this bill provides that the bill shall take effect imme-
diately.
 
JUSTIFICATION:
DEC's regulatory authority for winter flounder 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 winter flounder.
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 Interstate Fishery Management Plan (FMP) for Inshore
Stocks of Winter Flounder adopted by the Atlantic States Marine Fisher-
ies Commission (ASMFC). ECL §13-0105, which sets forth the marine fish-
eries conservation and management policy, provides that one of the
State's objectives shall be that the management of the State's trans-
boundary and migratory species shall be consistent with any interjuris-
dictional management plans, interstate or state-federal. Moreover, fail-
ure to make necessary regulatory changes as may be required by the FMP
could result in the closure of New York's winter flounder fishery.
 
PRIOR LEGISLATIVE HISTORY:
DEC's authority was last extended by Chap er 321 of the Laws of 2023.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S10072: 13-0340-c environmental conservation law