Mr. Colvin stated that the Assembly leadership had not allowed action on the matter of extending DEC’s regulatory authority over striped bass during the recent special legislative session, and, thus, the Department’s regulatory authority over transportation, possession, sale and identification (tagging) of this species expired 01 January 1 2000. DEC’s authority over seasons, size limits, manner of taking and catch limits remain in effect and would be enforced. At the present time, New York’s striped bass season is closed, so authorized possession is limited to bass caught out of state. Mr. Byron Young distributed emergency regulations on identifying out of state striped bass. These emergency regulations will remain in force under the State’s Administrative Procedures Act for 90 days and then may be extended for another 60 days.

The Legislature has not yet agreed to a bill to extend DEC’s regulatory over striped bass. Last summer, the Senate passed a bill that provided for such an extension. A bill in the Assembly provided for the same duration of extension, but also proposed changes to the Hudson River Commercial Fisheries Board, a body created under an earlier state law but not to date established by DEC. The Department and the Senate object to aspects of the Assembly’s proposed changes to this body.

The Council held a brief discussion of the relative health risks posed by resumption of a commercial fishery for striped bass in the Hudson River. Mr. Colvin observed that the methodology used by the U.S. Environmental Protection Agency to project such risks is not the same as the methodology used by the New York State Health Department. The EPA approach results in more conservative advice being issued to adult males, while New York State‘s approach proves to be more conservative with respect to children and fertile females. New York has made a commitment to move toward the EPA standards but was not willing to adopt those parts of the federal policies which were less protective of children and fertile women. It was agreed to continue this discussion at the 21 March 2000 Council meeting, at which time a representative from the Health Department and/or EPA would be available to advise the Council on this matter.

Councilor McCarron asked if the DEC would have to compensate for lapses of regulatory authority by changing season closure dates. Mr. Gordon responded that if DEC regulatory authority were not extended before the start of the recreational season for striped bass in New York (08 May), the recreational season would not be a problem. However, the two fish creel limit for party/charter boats would end, and the commercial season might have to be closed entirely to remain in compliance with the management plan. In response to Councilor McBride’s question as to why the two fish limit for party/charter boats would end, Mr. Colvin explained that allowing party/charter boats their second fish required permits and regulations for reporting, identification and possession. The Department’s authority over such matters had now lapsed and, without that authority, enforcement was not possible and the second fish could no longer be allowed.

Chairman Wise added that priority should be given to obtaining legislative resolution by convincing Assemblyman Brodsky, Chairman of the Assembly Committee on Environmental Conservation, to pass a bill in the Assembly simply granting the extension of regulatory authority and handling the issue of the Hudson River Fisheries Board separately. After the last Council meeting, and at the Council’s request, he had written to Mr. Brodsky and others in the Assembly stating this as the view and advice of the Council. To date, he has received no response. The Council did not make any further recommendations regarding extending DEC’s regulatory authority over striped bass.