NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A11374
SPONSOR: Rules (Septimo) 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 squid
PURPOSE OF THE BILL:
The purpose of this bill is to extend the authority of the Department of
Environmental Conservation (DEC) to manage squid.
SUMMARY OF PROVISIONS:
Section 1 of this bill amends Environmental Conservation Law (ECL) §
13-0339-a(1)(h) to extend, until December 31, 2029, DEC's authority to
fix by regulation measures for the management of squid (cephalopoda).
Section 2 of this bill provides that the bill shall take effect imme-
diately.
JUSTIFICATION:
This bill would extend DEC's regulatory authority for squid for an addi-
tional three years, and ensures that DEC continues to be able to main-
tain compliance with any applicable federal management plan or Inter-
state 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.
Authority to establish appropriate regulations consistent with the
Federal FMP for squid is essential in order to provide uniform
protection for this resource. Squid are managed by a Federal quota
system which is applicable to federal waters and federal permit holders
only. DEC must have the ability to timely set and adjust trip limits and
to close fisheries when quotas are reached, or to adopt other management
regulations such as minimum mesh size, in squid fisheries which are not
subject to the federal regulations.
DEC's regulatory authority for squid is necessary 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.
PRIOR LEGISLATIVE HISTORY:
DEC's authority was last extended by Chapter 319 of the Laws of 2023.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
