BILL NUMBER: S7064

SPONSOR: THOMAS
 
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 scallops

 
PURPOSE OF THE BILL:

The purpose of this bill is to extend the authority of the Department of
Environmental Conservation (DEC) to manage scallops.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would amend Environmental Conservation Law (ECL)
§ 13-0327 to extend, until December 31, 2024, DEC's authority to fix by
regulation measures for the management of scallops (Family Pectinidae).

Section 2 of this bill provides that the bill shall take effect imme-
              

diately.

 
JUSTIFICATION:

DEC's regulatory authority for scallops is necessary in order to
preserve the current regulatory program. Failure to extend the existing
regulatory authority by December 31, 2021 will result in the loss of
regulatory protection for scallops. The current regulatory program for
scallops, mainly bay scallops, includes management measures that estab-
lish a legal size limit of two and one quarter inches in height and an
annual growth line, an open season from the first Monday in November
through March 31, sublegal size tolerance and a possession limit of no
more than two percent of the catch when unavoidably taken, catch limits
at no more than ten bushels per person or twenty per boat when two
licensed diggers are present, gear restrictions which allows the use of
a dredge or scrape having an opening of less than 36 inches in width
that may be brought onboard the vessel by hand, restrictions on
possession and sale of scallops legally taken from the waters of the
State, and provisions for scallop salvage and relay permits.

Failure to extend this authority would result in the uncontrolled
harvest of bay scallops of any size which are presently at very low
population levels and would not be protective of the resource and
shellfish industry. This regulatory authority provides DEC with the
flexibility to respond to biological and environmental events such as
brown tide that have a significant impact on the viability of the bay
scallop resource. This authority can also be used to develop management
measures to support bay scallop restoration efforts that are taking
place in the State waters of Peconic Bays and in town waters.

New York's bay scallop resource is primarily located in the waters of
Peconic and Gardiners Bays on the eastern end of Long Island. Bay scal-
lop populations experienced a significant decline after 1985 due to the
occurrence and repeated blooms of an unusual alga, Aureococcus anapha-
geffrens, also known as brown tide in the east end ays of the Peconics.
Although the brown tide has not occurred in Peconic Bays since the
1990s, the bay scallop population remains at low levels but has been
stable in recent years. DEC's regulations were adopted to delay the
opening of the boy scallop season in order to allow additional time for
scallops to mature and reproduce and recover from the effects of the
brown tide before they were taken.

The current regulatory program provides for additional protections for
juvenile "bug" scallops by requiring all scallops to be at least two and
one-quarter inches in height (middle of hinge to middle of bill) and
possess an annual growth line (ring) prior to. harvest. These management
measures allow for spawning potential to be maximized and ensures that
all scallops will be able to spawn at least once prior to harvest. The
bay scallop populations are at low levels in comparison to historic
abundance that restoration and management measures are necessary to
re-establish a sustainable fishery in the Peconic Bays and other waters.
The ongoing restoration efforts and management measures have shown posi-
tive impacts on the bay scallop resource which is reflected in the
increase in commercial shellfish landings since 2009. This resource
supports an important commercial fishery primarily located in Peconic
Bays that provides economic benefits to the local economy and fishermen.
The bay scallop resource also provides opportunities for recreational
harvest that are part of a maritime tradition on the east end of Long
Island.

 
PRIOR LEGISLATIVE HISTORY:

DEC's regulatory authority to manage scallops was last extended by Chap-
ter 256 of the Laws of 2018.

 
BUDGET IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.