NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7435
SPONSOR: Wallace 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, 2026, 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, 2023 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:
Last extended by Chapter.58 of the Laws of 2020.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7435
2023-2024 Regular Sessions
IN ASSEMBLY
May 19, 2023
___________
Introduced by M. of A. WALLACE -- (at request of the Department of Envi-
ronmental Conservation) -- read once and referred to the Committee on
Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
extending the authority of the department of environmental conserva-
tion to manage black sea bass
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 13-0340-f of the environmental conservation law, as
2 amended by section 1 of item H of subpart A of part XXX of chapter 58 of
3 the laws of 2020, is amended to read as follows:
4 § 13-0340-f. Black sea bass (Centropristis striata).
5 The department may, until December thirty-first, two thousand [twen-
6 ty-three] twenty-six, fix by regulation measures for the management of
7 black sea bass (Centropristis striata), including size limits, catch and
8 possession limits, open and closed seasons, closed areas, restrictions
9 on the manner of taking and landing, requirements for permits and eligi-
10 bility therefor, recordkeeping requirements, requirements on the amount
11 and type of fishing effort and gear and requirements relating to trans-
12 portation, possession and sale, provided that such regulations are no
13 less restrictive than requirements set forth in this chapter and
14 provided further that such regulations are consistent with the compli-
15 ance requirements of applicable fishery management plans adopted by the
16 Atlantic States Marine Fisheries Commission and with applicable
17 provisions of fishery management plans adopted pursuant to the Federal
18 Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
19 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05863-01-3
