BILL NUMBER: S7770

SPONSOR: MAY
 
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 alewife

 
PURPOSE OF THE BILL:

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

 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends Environmental Conservation Law (ECL)

§ 13-0339-a(1)(f) to extend, until December 31, 2028, DEC's authority to
fix by regulation measures for the management of alewife (Alosa pseudo-
harengus).

              

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

 
JUSTIFICATION:

DEC's regulatory authority for alewife 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 alewife.

Alewife (known collectively with blueback herring as "river herring")
are managed pursuant to the Interstate Fishery Management Plan (FMP) for
Shad and River Herring adopted by Atlantic State Marine Fishery Commis-
sion (ASMFC). This bill would extend DEC's regulatory authority for
alewife for an additional three years, and ensure that DEC continues to
maintain compliance with the FMP. ECL § 13-0105, which sets forth the
marine fisheries conservation and management policy, provides that one
of the State's objectives shall be the management of the State's trans-
boundary and migratory species consistent with any interjurisdictional
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.

In 2010, ASFMC amended the Shad and River Herring FMP to prevent further
declines in river herring populations, and to ensure sustainable fisher-
ies. The regulatory authority provided by ECL

§ 13-0339-a allowed DEC to timely adopt measures needed to comply with
changes to the FMP.

 
PRIOR LEGISLATIVE HISTORY:

DEC's authority was last extended by Chapter 298 of the Laws of 2022.

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
This act shall take effect immediately.