S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5021
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 3, 2019
                                ___________
 
 Introduced  by  Sen. METZGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, in relation to trout
   stocking practices of the department of environmental conservation

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "healthy coldwater fisheries act".
   § 2. Legislative findings. 1. New York state has a rich history  as  a
 freshwater  sports  fishing  destination. In particular, coldwater trout
 fisheries, such as the West branch of the Ausable river and the  Beaver-
 kill  river, are cited as birthplaces of modern trout fishing.  Further-
 more, New York has the second highest number of anglers  in  the  United
 States.  Our  state's  fisheries generate $2.7 billion in revenues, each
 year.
   2. Climate change and habitat degradation pose imminent threats to the
 viability of these fisheries and  the  local  economies  dependent  upon
 them.    Specifically,  increases  in peak water temperatures cause fish
 mortality, and over time, marginalize once-viable trout habitat.
   3. Current state hatchery stocking practices have not kept  pace  with
 other  states  in  the  northeastern  United States, whom have developed
 brood stocks of trout from holdover  and  wild  stream-bred  trout  with
 higher thermal tolerances. As a result, many in-state fishermen increas-
 ingly seek out-of-state fishing opportunities.
   4.  Modernizing trout stocking practices would likely decrease burdens
 on state hatcheries, by producing trout with greater survival character-
 istics.
   5. Under the aegis of the department  of  environmental  conservation,
 there  is  merit  and value in establishing modern hatchery practices to
 ensure the future health of our coldwater fisheries.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11047-02-9
              

 S. 5021                             2
 
   § 3. The environmental conservation law is amended  by  adding  a  new
 section 11-0508 to read as follows:
 § 11-0508. SURVIVOR STRAIN TROUT STOCKING PROGRAM.
   1.  NO  LATER  THAN  DECEMBER  THIRTY-FIRST,  TWO THOUSAND TWENTY, THE
 DEPARTMENT SHALL PROMULGATE REGULATIONS ON THE TROUT  HATCHERY  BREEDING
 AND  STOCKING  PRACTICES  IN  THE  WATERS OF THE STATE, TO DEVELOP BROOD
 STOCK WITH HIGHER THERMAL AND SURVIVAL CHARACTERISTICS. SUCH REGULATIONS
 SHALL REQUIRE STATE TROUT HATCHERIES TO: (A) NOT LESS  THAN  ONCE  EVERY
 THREE  YEARS,  COLLECT EGGS AND REAR BROOD-STOCK TROUT FROM WILD, STREAM
 BORN TROUT AND HOLDOVER TROUT,  PARTICULARLY  THOSE  TROUT  WITH  HIGHER
 THERMAL TOLERANCES, AND DEVELOP BROODS OF HATCHERY TROUT WITH POTENTIAL-
 LY  HIGHER  THERMAL TOLERANCES AND SURVIVAL CHARACTERISTICS; (B) DEVELOP
 HATCHERY PRACTICES TO ENCOURAGE GREATER GENETIC DIVERSITY  AND  SURVIVAL
 CHARACTERISTICS  AMONG  HATCHERY  TROUT;  AND (C) IDENTIFY CERTAIN WATER
 BODIES, OR PORTIONS THEREOF, THAT WOULD BENEFIT FROM THE DEVELOPMENT  OF
 TROUT  BROOD  STOCKS WITH HIGHER THERMAL TOLERANCES AND SURVIVAL CHARAC-
 TERISTICS IN POTENTIALLY MARGINAL HABITATS. SUCH  REGULATIONS  SHALL  BE
 PROTECTIVE OF NATIVE AND HERITAGE STRAIN BROOK TROUT POPULATIONS.
   2.  NO  LATER  THAN  DECEMBER  THIRTY-FIRST,  TWO THOUSAND TWENTY, THE
 DEPARTMENT SHALL MAKE PUBLICLY AVAILABLE, ON ITS WEBSITE,  THE  FINDINGS
 OF  A  REPORT ON TROUT STOCKING PRACTICES WITHIN THE STATE. SUCH REPORTS
 SHALL DISCUSS, AT A MINIMUM: (A) COMPARISONS WITH OTHER  STATE  STOCKING
 PRACTICES  IN  THE  NORTHEASTERN  UNITED  STATES; (B) POTENTIAL ADAPTIVE
 STOCKING MEASURES  TO  PROMOTE  TROUT  SURVIVAL  IN  THERMALLY  MARGINAL
 WATERS;  (C)  POTENTIAL  STREAM  HABITAT RESTORATION MEASURES TO PROMOTE
 TROUT SURVIVAL IN THERMALLY MARGINAL WATERS; (D) PUBLIC  OUTREACH  MEAS-
 URES  TO  PROMOTE  PRACTICES  THAT COULD IMPROVE TROUT SURVIVAL, SUCH AS
 PROPER TROUT HANDLING AND CATCH-AND-RELEASE; (E) IDENTIFICATION OF THER-
 MALLY MARGINAL WATER BODIES THAT  WOULD  BENEFIT  FROM  DEVELOPING  MORE
 RESILIENT AND MODERN STOCKING PRACTICES; AND (F) RECOMMENDED REGULATIONS
 ON  TROUT  STOCKING  PRACTICES  TO  PROMOTE  INCREASED FISH SURVIVAL AND
 REPRODUCTIVE VIABILITY.
   3. NO LATER THAN DECEMBER TWENTY-FIRST, TWO THOUSAND  TWENTY-ONE,  THE
 DEPARTMENT SHALL IMPLEMENT A PILOT PROGRAM IN AT LEAST FIVE WATER BODIES
 FOR STOCKING "SURVIVOR STRAIN" HATCHERY TROUT REARED FROM WILD AND HOLD-
 OVER  TROUT WITH HIGHER THERMAL TOLERANCES AND SURVIVAL CHARACTERISTICS,
 PURSUANT TO SUBDIVISION ONE OF THIS SECTION. SUCH  PILOT  PROGRAM  SHALL
 INCLUDE:  (A)  ONE WATER BODY WITHIN THE HUDSON RIVER WATERSHED; (B) ONE
 WATER BODY WITHIN THE ST. LAWRENCE RIVER WATERSHED; (C) ONE  WATER  BODY
 WITHIN THE DELAWARE RIVER WATERSHED; (D) ONE WATER BODY WITHIN THE GENE-
 SEE  RIVER  WATERSHED;  AND  (E)  ONE WATER BODY WITHIN NASSAU COUNTY OR
 SUFFOLK COUNTY. SUCH STOCKINGS SHALL BE DONE IN A MANNER  PROTECTIVE  OF
 NATIVE AND HERITAGE STRAIN BROOK TROUT POPULATIONS.
   § 4. This act shall take effect immediately.