BILL NUMBER: S7863

SPONSOR: BYNOE
 
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 the American eel

 
PURPOSE OF THE BILL:

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

 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends Environmental Conservation Law (ECL) §
13-0339-a(1)(b) to extend, until December 31, 2028, DEC's authority to
fix by regulation measures for the management of American eel (Anguilla
rostrata).

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

diately.

 
JUSTIFICATION:

DEC's regulatory authority for American eel is necessary in order to
preserve the current regulatory program. Failure to extend the existing
regulatory authority by December 31, 2025 will result in the loss of
regulatory protection for this species.

This bill would extend DEC's regulatory authority for American eel for
an additional three years and ensure that DEC continues to comply with
the Interstate Fishery Management Plan (FMP) for American Eel (Anguilla
rostrata) adopted by Atlantic States Marine Fisheries Commission in
1999, and last amended in 2014. 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. New York must have the
ability to regulate the taking of American eel in New York waters
consistent with the FMP. Moreover, failure to make necessary regulatory
changes as may be required by the FMP could result in the closure of New
York's American eel fishery.

 
PRIOR LEGISLATIVE HISTORY:

DEC's regulatory authority was last extended by Chapter 296 of the laws
of 2022.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.