BILL NUMBER: S7055

SPONSOR: THOMAS
 
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 Atlantic and shortnose sturgeon

 
PURPOSE OF THE BILL:

The purpose of this bill is to extend the authority of the Department of
Environmental Conservation (DEC) to manage Atlantic and shortnose stur-
geon.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends Environmental Conservation Law (ECL) §
13-0339-a(1)(c) to extend, until December 31, 2026, DEC's authority to
fix by regulation measures for the management of Atlantic sturgeon
(Acipenser oxyrhynchus) and shortnose sturgeon (Acipenser brevirostrum).

              

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

 
JUSTIFICATION:

DEC's regulatory authority for Atlantic and shortnose sturgeon is neces-
sary to preserve the current regulatory program. Failure to extend the
existing regulatory authority by December 31, 2023, will result in the
loss of regulatory protection for this species.

This bill would extend DEC's regulatory authority for Atlantic and
shortnose sturgeon for an additional three years and ensure that DEC
continues to be able to maintain compliance with any applicable federal
management plan or Interstate Fishery Management Plan (FMP) adopted by
the Atlantic States Marine Fisheries Commission (ASMFC).  ECL § 13-0105,
which sets forth the marine fisheries conservation and management poli-
cy, 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 an applicable FMP could result in the closure of New
York's fishery for that species.

Atlantic sturgeon is managed pursuant to the Interstate Fishery Manage-
ment Plan for Atlantic Sturgeon adopted by ASMFC. The 1998 amendment to
the FMP required closure of all states' sturgeon fisheries and the
possession of Atlantic sturgeon is prohibited in New York. The species
was listed as "endangered" in April 2012, pursuant to the federal Endan-
gered Species Act of 1973. The shortnose sturgeon is listed as endan-
gered, and is therefore also fully protected by the Endangered Species
Act of 1973. Abundance of both sturgeon species is increasing, and their
status may be upgraded in the future. If so, it will be necessary for
New York to have regulatory authority to protect the recovered stocks.

 
PRIOR LEGISLATIVE HISTORY:

Last extended by Chapter 58 of the Laws of 2020
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.