Mr. Colvin reminded the Council that emergency regulations were implemented last fall to designate the waters within 1 mile of the shoreline of Fishers Island as a Special Management Area, to implement regulations in that area with respect to lobster fishing, and to designate all state-sponsored artificial reefs as SMA's and adopt general rules for managing activities in SMA's. This rule was challenged in federal court, which court ultimately found that the Fishers Island SMA element of the emergency rule was unlawful and enjoined the DEC from enforcing it. The emergency rule was then allowed to lapse. Simultaneous with the emergency rule-making, the Department filed a regular rule-making on nearly the same package of proposals, which received voluminous public comment. Based on these comments, DEC has released a revised SMA rule-making, a copy of which has been sent to all Councilors (copies were also distributed at the meeting). This has a 30-day comment period. Mr. Colvin stated that DEC staff were not in a position to explain the basis for the specific regulations contained in the rule-making package. (NOTE: This relates to current litigation involving the package). He did note that the provisions of the revised rule-making were designed specifically to respond to the judge's finding in the above-mentioned legal challenge to the original SMA rule-making package.

Councilor McBride asked why the Fishers Island fishermen want to create the Fishers Island SMA. Mr. McBride suggested that this seemed to be a conflict between two groups of lobster fishermen, with little to do with resource protection or management.

Mr. Colvin stated that all pertinent support documents to the revised SMA rule-making can and will be made available to the Council if desired. In response to a question from Mr. Wise, Mr. Colvin stated that he could not commit the Department to making a decision on the rule-making by any specific date upon expiration of the public comment period. That period expires well before the date of the Council's next scheduled meeting (16 July 2002); Mr. Colvin stated that he could not promise that the Department would defer making a decision on this revised rule-making until after the Council's next meeting.

Mr. German of the Long Island Sound Lobstermen's Association spoke in strong opposition to the revised SMA rule-making proposal. Mr. George Doll, also of that Association, asked whether a public hearing would be held on this regulatory package. Mr. Colvin said this had not yet been decided. Several individuals in the audience stated that a public hearing was warranted.

Councilor Davi stated that, if the Department made a final decision on the revised SMA rule-making without hearing from the Marine Resources Advisory Council on the proposal, this would be a bad precedent and tantamount to end-running the Council. Chairman Wise noted that, if DEC was determined to make a decision before the Council's next meeting, and the Council felt inadequately briefed/informed on the revised proposal to discuss it today, a special meeting of the Council could be called for the specific purpose of reviewing and making a recommendation on the proposal. He stated that, as this issue was not on today's meeting agenda and most Councilors had not yet had time to digest the revisions to the terms of provisions of the original rule-making, the Council might not want to make a recommendation at this meeting.

Councilor McBride moved that the Council request that DEC not make a final decision on the revised SMA rule-making until after the Council's 16 July 2002 meeting. Mr. Davi seconded the motion. This motion was adopted by a vote of 10 in favor; 0 opposed; 0 abstentions. The Council agreed thereafter that it would hold a special meeting to discuss this issue if informed by the Department that its decision on the revised SMA rule-making must be made prior to 16 July 2002. Councilor Danielson suggested that, if necessary, the Council could move its 16 July 2002 meeting ahead to accommodate the Department's decision timetable.