BILL NUMBER: S7769

SPONSOR: BASKIN
 
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 oysters

 
PURPOSE OF THE BILL:

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

 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends Environmental Conservation Law (ECL) §
13-0323(3) to extend, until December 31, 2028, DEC's authority to fix by
regulation, measures for the management of oysters (Family Ostreidae).

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

 
JUSTIFICATION:

DEC's regulatory authority for oysters is necessary in order to preserve
the current regulatory program. Failure to extend the existing regulato-
ry authority by December 31, 2025, will result in the loss of regulatory
protection for oysters which is necessary for the protection and manage-
ment of sustainable oyster resources in New York waters.

DEC regulations currently establish a minimum size limit for oysters at
no less than three inches in longest diameter (length) and a tolerance
of sublegal sized oysters at no more than five percent of any bushel,
package or container when unavoidably taken. The legal size-limit for
the taking of oysters ensures adequate protection of juvenile oyster
stocks and allows sufficient time for oysters to successfully mature and
reproduce prior to harvest. The regulations also provide for an
exemption of size for oysters that are. cultured or transplanted under
permit from DEC. DEC's regulatory authority is needed to provide conti-
nuity between state and town laws concerning legal oyster harvest and
assist law enforcement agencies charged with enforcing compliance with
shellfish laws and regulations DEC's regulations were established to be
consistent with Town Codes for the taking of oysters and to provide for
a uniform size limit controlling the harvest of oysters in both State
and Town waters. The New York State Shellfish Advisory Committee is in
support of DEC's current regulatory program.

This regulatory program also recognized that more than fifty percent of
the oysters harvested and sold in New York State are cultured by oyster
farmers. Therefore, a size exemption for cultivated oysters was adopted.

The eastern oyster has experienced a significant decline in population,
and management measures are needed to conserve and protect the long-term
viability of oyster resources in state waters.  There has been growing
interest in oyster restoration in the marine district. Continued regula-
tory authority is needed to develop management measures that will
support these restoration efforts and ensure protection of oysters from
overharvest.
 
PRIOR LEGISLATIVE HISTORY:

DEC's regulatory authority to manage oysters was last extended by Chap-
ter 367 of the Laws of 2022.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.