S T A T E O F N E W Y O R K
________________________________________________________________________
6136
2021-2022 Regular Sessions
I N A S S E M B L Y
March 10, 2021
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Introduced by M. of A. WOERNER -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to trout
stocking practices of the department of environmental conservation
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "healthy coldwater fisheries act".
§ 2. Legislative findings. 1. New York state has a rich history as a
freshwater sports fishing destination. In particular, coldwater trout
fisheries, such as the West branch of the Ausable river and the Beaver-
kill river, are cited as birthplaces of modern trout fishing. Further-
more, New York has the second highest number of anglers in the United
States. Our state's fisheries generate $2.7 billion in revenues, each
year.
2. Climate change and habitat degradation pose imminent threats to the
viability of these fisheries and the local economies dependent upon
them. Specifically, increases in peak water temperatures cause fish
mortality, and over time, marginalize once-viable trout habitat.
3. Current state hatchery stocking practices have not kept pace with
other states in the northeastern United States, whom have developed
brood stocks of trout from holdover and wild stream-bred trout with
higher thermal tolerances. As a result, many in-state fishermen increas-
ingly seek out-of-state fishing opportunities.
4. Modernizing trout stocking practices would likely decrease burdens
on state hatcheries, by producing trout with greater survival character-
istics.
5. Under the aegis of the department of environmental conservation,
there is merit and value in establishing modern hatchery practices to
ensure the future health of our coldwater fisheries.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08354-01-1
A. 6136 2
§ 3. The environmental conservation law is amended by adding a new
section 11-0508 to read as follows:
§ 11-0508. SURVIVOR STRAIN TROUT STOCKING PROGRAM.
1. NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO, THE
DEPARTMENT SHALL PROMULGATE REGULATIONS ON THE TROUT HATCHERY BREEDING
AND STOCKING PRACTICES IN THE WATERS OF THE STATE, TO DEVELOP BROOD
STOCK WITH HIGHER THERMAL AND SURVIVAL CHARACTERISTICS. SUCH REGULATIONS
SHALL REQUIRE STATE TROUT HATCHERIES TO: (A) NOT LESS THAN ONCE EVERY
THREE YEARS, COLLECT EGGS AND REAR BROOD-STOCK TROUT FROM WILD, STREAM
BORN TROUT AND HOLDOVER TROUT, PARTICULARLY THOSE TROUT WITH HIGHER
THERMAL TOLERANCES, AND DEVELOP BROODS OF HATCHERY TROUT WITH POTENTIAL-
LY HIGHER THERMAL TOLERANCES AND SURVIVAL CHARACTERISTICS; (B) DEVELOP
HATCHERY PRACTICES TO ENCOURAGE GREATER GENETIC DIVERSITY AND SURVIVAL
CHARACTERISTICS AMONG HATCHERY TROUT; AND (C) IDENTIFY CERTAIN WATER
BODIES, OR PORTIONS THEREOF, THAT WOULD BENEFIT FROM THE DEVELOPMENT OF
TROUT BROOD STOCKS WITH HIGHER THERMAL TOLERANCES AND SURVIVAL CHARAC-
TERISTICS IN POTENTIALLY MARGINAL HABITATS. SUCH REGULATIONS SHALL BE
PROTECTIVE OF NATIVE AND HERITAGE STRAIN BROOK TROUT POPULATIONS.
2. NO LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO, THE
DEPARTMENT SHALL MAKE PUBLICLY AVAILABLE, ON ITS WEBSITE, THE FINDINGS
OF A REPORT ON TROUT STOCKING PRACTICES WITHIN THE STATE. SUCH REPORTS
SHALL DISCUSS, AT A MINIMUM: (A) COMPARISONS WITH OTHER STATE STOCKING
PRACTICES IN THE NORTHEASTERN UNITED STATES; (B) POTENTIAL ADAPTIVE
STOCKING MEASURES TO PROMOTE TROUT SURVIVAL IN THERMALLY MARGINAL
WATERS; (C) POTENTIAL STREAM HABITAT RESTORATION MEASURES TO PROMOTE
TROUT SURVIVAL IN THERMALLY MARGINAL WATERS; (D) PUBLIC OUTREACH MEAS-
URES TO PROMOTE PRACTICES THAT COULD IMPROVE TROUT SURVIVAL, SUCH AS
PROPER TROUT HANDLING AND CATCH-AND-RELEASE; (E) IDENTIFICATION OF THER-
MALLY MARGINAL WATER BODIES THAT WOULD BENEFIT FROM DEVELOPING MORE
RESILIENT AND MODERN STOCKING PRACTICES; AND (F) RECOMMENDED REGULATIONS
ON TROUT STOCKING PRACTICES TO PROMOTE INCREASED FISH SURVIVAL AND
REPRODUCTIVE VIABILITY.
3. NO LATER THAN DECEMBER TWENTY-FIRST, TWO THOUSAND TWENTY-THREE, THE
DEPARTMENT SHALL IMPLEMENT A PILOT PROGRAM IN AT LEAST FIVE WATER BODIES
FOR STOCKING "SURVIVOR STRAIN" HATCHERY TROUT REARED FROM WILD AND HOLD-
OVER TROUT WITH HIGHER THERMAL TOLERANCES AND SURVIVAL CHARACTERISTICS,
PURSUANT TO SUBDIVISION ONE OF THIS SECTION. SUCH PILOT PROGRAM SHALL
INCLUDE: (A) ONE WATER BODY WITHIN THE HUDSON RIVER WATERSHED; (B) ONE
WATER BODY WITHIN THE ST. LAWRENCE RIVER WATERSHED; (C) ONE WATER BODY
WITHIN THE DELAWARE RIVER WATERSHED; (D) ONE WATER BODY WITHIN THE GENE-
SEE RIVER WATERSHED; AND (E) ONE WATER BODY WITHIN NASSAU COUNTY OR
SUFFOLK COUNTY. SUCH STOCKINGS SHALL BE DONE IN A MANNER PROTECTIVE OF
NATIVE AND HERITAGE STRAIN BROOK TROUT POPULATIONS.
§ 4. This act shall take effect immediately.