BILL NUMBER:S6973

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 hickory shad

Purpose of the Bill:

This bill would extend the' authority of the Department of
Environmental Conservation (DEC) to manage hickory shad.

Summary of Provisions:

Section 1 of the bill would amend Environmental Conservation Law (ECL)
§ 13-0339-a(1)(i) to extend until December 31, 2018 DEC's authority to
fix by regulation measures for the management of hickory shad (Alosa
mediocris).

Section 2 of the bill provides for an immediate effective date.

Existing Law:

ECL § 13-0339-a.(1)(i) grants DEC regulatory authority to manage
hickory shad until December 31, 2014.

Prior Legislative History:
              

DEC's authority to manage hickory shad was last extended by Chapter
291 of the Laws of 2011.

Statement in Support:

DEC's regulatory authority for hickory shad is necessary in order to
preserve the current regulatory program. Failure to extend the
existing regulatory authority by December 31, 2014 would result in the
loss of regulatory protection for hickory shad.

The bill would extend DEC's regulatory authority for hickory shad for
an additional four years, and ensure that DEC continues to be able to
maintain compliance with the Interstate Fishery Management Plan (FMP)
for Shad and River Herring adopted by the Atlantic States Marine
Fisheries Commission. ECL § 13-0105, which sets forth the State's
marine fisheries conservation and management policy, provides that one
of the State's objectives shall be that the management of the State's
transboundary and migratory species shall be consistent with any
interjurisdictional management plans, interstate or state-federal.
Moreover, failure to make necessary regulatory changes as may be
required by the FMP could result in the closure of New York's fishery
for hickory shad.

In March 2011, to allow for stock recovery, DEC closed both the
recreational and commercial American shad fisheries in the Hudson
River and tributaries north of the George Washington Bridge.  New
York's ability to adopt these regulatory amendments allowed New York
to act quickly in response to the most recent stock assessment showing
American shad abundance was at an all-time low. Continued regulatory


authority would allow DEC to similarly respond to changes in the
hickory shad population, if necessary.

Budget Implications:

None.

Local impact:

The bill would have no impact on local governments.

Effective Date:

The bill would take effect immediately.