Mr. Colvin reviewed action on marine resource legislation earlier discussed by the Council at its April 2005 meeting.  Of the bills reviewed by the Council, only one, a DEC departmental bill, was enacted into law.  When reviewed by the Council, this bill had three parts.  The Legislature broke the bill into three separate pieces of legislation and passed them all.

Oyster Regulatory Authority Bill

This bill granted full regulatory authority to DEC over oysters (species in the Family Ostreidae). 

Scallop Regulatory Bill

At its 19 April 2005 meeting, the Council reviewed two bills that pertained to scallops.   The above-mentioned departmental bill simply extended to DEC full regulatory authority.  A separate legislative bill would have 1) moved the start of the bay scallop season in New York back to November 1st 2) made only bay scallops containing a growth line and measuring at least 2 ¼” in width eligible for legal harvest, 3) established a Bay Scallop Management Advisory Board to assist DEC in formulating a management plan for bay scallops in New York, and given DEC regulatory authority over scallops through 2007.  The Council voted in support the departmental bill and oppose the legislative bill.

Mr. Colvin reported that the measure passed by the Legislature does the following:  sets the start of the bay scallop season at November 1st; requires that a bay scallop possess an annual growth ring on its shell and measure 2 ¼” width to be legally harvestable; grants DEC regulatory authority over all scallop species (Family Pectinidae);  and repeals all provisions of state law affecting scallops (including the above provisions) one year after the act takes effect.  Once Governor Pataki signs the bill, the DEC will have one year in which to propose and adopt regulations covering bay scallops.

Lobster Regulatory Authority Bill

The DEC program bill would have given the Department full regulatory authority over lobsters in Lobster Conservation Management Area (LCMA) 6 (Long Island Sound).   DEC has such authority in all other LCMA’s in state waters.   The bill passed by the Legislature raises the gauge (minimum size) of lobsters in Long Island Sound to 3 and 9/32” for 2005 and to 3 and 5/16” for 2006.  The Act stipulates that the effective dates of the two provisions raising the gauge will be the dates required in LCMA 6 for these increases under the Atlantic States Marine Fisheries Commission’s (ASMFC) Interstate Fishery Management Plan for lobster, as certified  by the DEC Commissioner to the Legislative Bill Drafting Commission (LBDC)    Mr. Colvin stated that the ASMFC lobster fishery management plan calls for the gauge in LCMA 6 to increase to 3 and 9/32” on 01 July 2005.  Connecticut has begun an emergency rule-making process to raise its gauge.  As soon as the Governor Pataki signs this bill, DEC will issue the required certification to the LBDC that the gauge in LCMA must go to 3 and 9/32”.

 

Page last modified Saturday, August 20, 2005 by George E. Carroll