Chairman Wise noted that additional marine-resources legislation had surfaced since the Council’s main marine legislation review meeting in April and the Council would now discuss these further legislative proposals.

DEC Program Bill #213

Introducing this Departmental bill, Mr. Colvin stated that it contained two separate provisions:  an allowance for shellfish diggers permits to be endorsed to a particular vessel and a conveyance of broad regulatory authority to DEC over several species of molluscan shellfish, the hard clam (Mercenaria mercenaria) most particularly.  It was noted that this bill has just been introduced into the State Senate by Senator Owen Johnson.

Vessel endorsement on shellfish diggers permit.  This proposal would allow a person holding a shellfish diggers permit to endorse this permit to a specific vessel.  Once so endorsed, the permit would cover all persons working aboard that vessel.  Current law requires all persons working aboard a clam boat to posses a diggers permit.  In instances when the regular roper, or helping hand, aboard a vessel is suddenly unavailable to work, the boat owner needs to find a licensed digger, on short notice, if he/she is to dig clams that day.  This is a burden to many shellfish diggers.  Mr. Colvin observed that this proposal responds directly to a recommendation made by DEC’s Shellfish Advisory Committee and other member of the shellfish industry to pursue an approach in the shellfish industry equivalent, or at least similar to that which exists in the lobster fishery.  The industry recommendation was to come up with a vessel endorsement approach, whereby a person who endorsed their vessel to their license, so long as they were present on the vessel, a crewmember would be covered by the permit as well; this is how things work aboard a lobster boat.

Regulatory authority over hard clams.   This proposal reflects recent findings and recommendations of the Bluepoints Bottomland Council, which has been working with The Nature Conservancy to develop an approach to management of living marine resources on the underwater lands in Great South Bay formerly owned by The Bluepoints Company.  The Bluepoints Bottomlands Council and The Nature Conservancy have been working together with baymens associations, town governments, Suffolk County, and federal and state government agencies to address resource restoration issues throughout Great South Bay.  The initial conservation targets are hard clams and sea grass meadows in that area.  Mr. Colvin stated that the Council has come up with a management program for hard clams.  The program includes the establishment of spawner sanctuaries and other areas closed to hard clam harvest, and possibly, the setting of a maximum size limit on clams to protect the large and reproductively robust chowder clams.  The Bluepoints Bottomlands Council has recommended that any such management measures have the underlying authority of state law and penalties to ensure compliance.  This proposal to convey regulatory authority to the Department over hard clams would bring this about.

Councilor Joseph McBride made a motion that the Council support DEC Program Bill #213, as written.  Mr. McBride’s motion carried; the vote was 10 in favor; 0 opposed; 1 abstention.  Chairman Wise will communicate the Council’s support of this legislation to Senator Johnson.

A11523/S8052, Seagrass Legislation

The Nature Conservancy was extensively involved in the development of this bill and Mr. Carl LoBue of that organization briefed the Council on its particulars.  Seagrass meadows (eelgrass [Zostera marina] and widgeon grass [Ruppia maritime] are a critically important habitat in many of Long Island’s coastal embayments.  There has been an alarming decrease in the abundance and distribution of seagrass in the Peconic Estuary in response to a long list of direct and indirect causes.  Mr. LoBue stated that the main thrust of this bill is to establish a temporary (two years) task force within DEC to develop a seagrass conservation, protection and restoration plan.  The task force would develop recommendations that could ultimately affect laws, research priorities and restoration ideas for seagrass.  The task force would consist of nine members with representation from: recreational fishermen; town marine law enforcement; local estuary programs; commercial fishermen; recreational boaters; New York Sea Grant; local government officials; the Marine Resources Advisory Council; businesses and environmental groups.

Councilor McBride expressed concern that the task force would take a precipitous approach, such as closing an area to boat traffic and/or fishing while they do their research.  Mr. LoBue responded that that was the reason for having such a wide variety of members on the task force; there will be a voice from each fishing area.  Councilor Dean Yaxa asked if there was any evidence that the presence of the invasive plant, Phragmites australis or common reed, might play a contributing role to the current eelgrass decline.  Mr. Lobue stated that he did not believe this was the case.

Councilor Charles Witek said that when he first heard about this bill, he began to do research and also spoke with Mr. LoBue.  He said he knew that seagrass was important but he didn’t realize just how important it is.  It is a keystone species for local shallow water habitats, providing nursery areas for fish, critical habitats for shellfish and even offering juvenile blackfish some refuge from predation by bluefish.  Mr. Witek noted that weakfish are dependent on seagrass beds when they are present in our local bays, as are winter flounder.  Mr. Witek expressed strong support for this bill.

Councilor Witek made a motion that the Council express it support of A11523/S8052.  Mr. Witek’s motion carried by a vote of 10 in favor; 0 opposed; 1 abstention.  Chairman Wise will inform the bill sponsors of the Council’s support.

Outdoor Recreation, Fish & Wildlife Habitat Conservation Initiative

Mr. Colvin summarized for the Council those elements of a broad DEC Program on conserving fish and wildlife habitat and promoting outdoor recreation that had greatest relevance to marine resources.

The proposal creates a new program for funding improvements to fish and wildlife habitat and providing greater access to fishing, hunting and trapping opportunities on privately-owned land.  The New York State Habitat Conservation and Public Access Program would use funds from the existing habitat access stamp (which is voluntary) and expanding the stamp program to be an obligatory stamp at the cost of $10.00 for persons who purchase non-resident hunting and fishing licenses.  Funds received from the habitat access license plate program would also be used.  The idea is to provide funds to work with private landowners to develop improved access to private lands and to improve stewardship for fish and wildlife resources on that land.

A junior big game hunting initiative would allow 14 and 15 year olds to obtain a junior small and big game hunting license that would enable them to hunt using a firearm and also12 and 13 year olds to apply for junior archery license.  State law requires all those hunting with a junior license to do so under adult supervision.

The package also revises state law to prohibit the sale of fish that are caught under the privileges conveyed by purchase of a freshwater fishing license.

The Department has developed a Comprehensive Wildlife Conservation Strategy that identifies nearly 600 species of fish and wildlife in New York State that require greater conservation protection.  To help achieve this, the strategy will provide private landowners with financial incentives to conserve important habitat on their property and to expand opportunities for the public to access and enjoy the abundant natural resources that are located on private land.

Councilor Robert Danielson made a motion that the Council support the several components of this program bill.  Mr. John Mihale, a commercial fisherman, questioned whether it was actually true that you could sell fish caught with a freshwater license.  Mr. Colvin replied that an angler may sell any species of freshwater fish that is not subject to a closed season or a minimum size limit.  These include yellow perch, bluegill, croppy, pumpkinseed, rock bass, bullhead and a few other pan fish.  Councilor Dave Relyea asked why the habitat access stamp was to be made mandatory only to purchasers of non-resident sporting licenses; he thought it should be made mandatory for those purchasing resident licenses, also.  Mr. Colvin suggested that the Department felt that this might be overreaching at the moment.  Mr. Danielson’s motion carried; the vote was 9 in favor; 0 opposed; 3 abstentions.

 

Page last modified Saturday, July 8, 2006 by George E. Carroll