DEC Regulatory Authority Over Marine Resources

At its 15 April 20003 meeting, the Council had expressed support (with some revisions) for a DEC legislative proposal that extended and consolidated DEC’s regulatory authority over a wide array of marine species (and also deleted certain specific statutory limits on harvests of tautog, bluefish, and weakfish). One bill reauthorized the Department’s overall authority to manage fish, primarily inland fish, under ECL Article 11-1303. A second component reauthorized regulatory authority over crabs, including horseshoe crabs, under Articles 13-0329 and 13-0331. Another bill consolidated all marine finfish regulatory authority: striped bass, sharks and all of the species that are in Articles 13-0339 & 13-0340. A final topic was reauthorization of the Department’s special management area regulatory authority. Mr. Colvin informed the Council that, since that April meeting, the State Assembly has begun introducing bills on these reauthorizations. The Assembly has chosen to introduce a series of bills that each would extend regulatory authority through 2007 for one or a few species, rather than do a consolidated bill patterned after DEC’s legislative proposal that would have covered all species. To date, regulatory authority extenders for black sea bass, scup, and winter flounder have not yet been introduced, but a bill(s) on these species is expected momentarily. Chairman Wise noted that the effect of the several Assembly regulatory authority extenders would be the same as the DEC program bill, in terms of the scope and duration of the Department’s authority; the Assembly is simply doing things in more piecemeal fashion. He said no action by the Council was really necessary on the several Assembly regulatory authority extenders. He will contact the Assembly and remind them of the Council’s decided preference for a more unified approach and to suggest that the Assembly include in this legislation the repeal of the specific statutory limits provided for in the DEC Program Bill, including the Council’s recommended repeal of the current commercial tautog possession limit.

“Right to Fish” Legislation (Assembly 7299/Sweeney)

This bill establishes criteria that would have to be met before DEC could establish areas where recreational fishing would be prohibited (no-take zones for recreational fishing.) Councilor McBride stated that it was imperative that the recreational fishing community be informed of the seriousness of this bill. He stated that, on the West Coast, no-take zones have affected 175 miles of fishing area, which have been taken away because they are labeled Marine Protected Areas. He feels there should be other ways found to conserve a fish without creating a moratorium. Councilor Freierman suggested that the bill’s criteria should be applied to any proposal to prohibit fishing, including commercial fishing, rather than just recreational fishing. Councilor Freierman made a motion to support A7299 on the condition that its language be revised to apply to areas where any kind of fishing, commercial and/or recreational, would be prohibited. The motion was adopted by a vote of 11 in favor; 0 opposed; 0 abstentions.