Mr. Wise requested input for drafting a list of issues requiring legislative action. This list would be discussed at a meeting between the Council and appropriate legislators and/or their staff to be arranged by Chairman Wise. The following issues were suggested, but not extensively discussed:

• capping the number of charter/party boat operator licenses
• instituting a moratorium on new state shellfish digger permits
• revisiting the lobster V-notch bill
• applying the V-notch prohibition to licensed lobster fishermen only, which contradicts ASFMC plan
• abolish legislative prohibition on commercial harvesting of tautog with gillnets
• institute variable charter/party boat operator license fees, based on capacity

Mr. Colvin alerted the Council to an important legislative issue dealing with striped bass. Section 11-1303 of the Environmental Conservation Law constitutes DEC’s broad authority over seasons, size limits and manner of taking for all kinds of fish not named in Article 13, including striped bass. Section 11-0303 regulates possession and sale of striped bass. Both Sections expire December 31 1999. Should this occur, the current DEC striped bass regulations keeping New York in compliance with the ASMFC striped bass fishery management plan would become invalid and nugatory. The consequences of failure to extend DEC’s authority was known to the State Legislature, so the Senate passed a regulatory authority extender bill during the recent legislative session. However, the Assembly coupled its striped bass regulatory extender bill with changes it wanted to make on Hudson River fishery rules, which the Senate and DEC found unacceptable. So each house passed its own bill and then went home. An effort will be made to resolve this impasse before the current regulatory authority expires. A fact sheet on the issue will be distributed shortly. Mr. Colvin noted that the special striped bass possession limits for party and charter boats and current restrictions on eligibility for commercial permits for striped bass would also disappear on 01 January 2000 if regulatory authority is not extended. The consequence of this scenario would be an immediate drop in price of striped bass followed by a total shut down of the fishery by the federal government. Statutory season closures for striped bass would, however, remain in place.