In addition to bills already introduced into one or both houses of the Legislature, the Council reviewed and commented on several program bills developed by DEC that deal with marine resources. By the Council’s 15 April 1999 meeting, two of these program bills had been introduced; the Council’s discussion of them is recorded under S.4157 and S.4158/A.2527.

21R-99

Provisions. This bill deals with shellfish and related issues. It renews DEC’s regulatory authority in special management areas for marine resources in the vicinity of natural and artificial reefs. It enables DEC to formally declare as uncertified for taking of shellfish the tidal waters of the Hudson River north of the Tappenzee Bridge. It also permits the DEC to publish annually in newspapers only a notice of where to find a description of uncertified shellfish lands, rather than the lengthy description itself. It increases the daily limit on the harvest of surf clams consistent with the pending surf clam management plan for the Atlantic Ocean. The bill removes the current state residency requirement for the issuance of a shellfish diggers license and sets a significantly higher fee ($150) for the issuance of such licenses to non-residents. Finally, on advice from DEC attorneys, it removes from the law restrictions on where a nonresident crabber may fish.

Discussion. The current, annual fee for a commercial shellfish diggers permit issued to state residents is $50. Several Councilors felt that the proposed $150 fee for such a license when issued to a non-resident was too low and a higher fee (up to $1500) should be established for non-residents, especially in light of the depleted condition of several of the state’s valuable inshore shellfish resources (e.g., hard clam). The issue of reciprocity was raised. New York should not have to sell a shellfish diggers permit to a resident from a state that does not offer New York residents the same type of access to its marine resources. Some expressed reservations about treating non-residents and residents with too much disparity; this might lead neighboring states to treat our fishermen in the same fashion.

Action. By a vote of 12 in favor, 2 opposed, and 0 abstentions, the Council voted to support 21R-99, contingent on the proposed shellfish diggers permit fee for non-residents being set at the maximum allowable by law (up to $1500) and restricting the permits only to residents of states offering reciprocity to New York residents.

DEC 22R-9

Provisions. DEC is presently authorized by the Legislature to manage several species of marine finfish and crabs through regulation. All such authorizations are temporary and end on 31 December 1999. This proposal would make the Department’s regulatory authority over these species permanent. It also makes explicit that the horseshoe crab is a "crab" under the Department’s current regulatory authority over crabs. Taxonomically, the horseshoe crab, Limulus polyphemus, is not a true crab.

Discussion. Another DEC program bill (see DEC 27-99, below) establishes a license for the commercial harvest of whelk (conch). As whelk fishermen typically catch their own horseshoe crabs as bait for whelk pots, it was suggested that purchase of a whelk license should automatically confer on the licensee a crabbing license (exclusively for taking horseshoe crabs). There is presently in effect a moratorium on new commercial crab licenses, so this linkage of the two licenses would not be possible at this time. The bill’s threshold of 50 horseshoe crabs/day to require a commercial crabbing license is too high. The permanent regulatory authority granted to DEC by this bill could be changed at any time by the Legislature. The New York State Commercial Hook and Line Association voiced support for this bill. The Long Island Sound Lobstermen’s Association opposed the bill because it opposes the granting of regulatory authority in the management of the states marine resources and fisheries, preferring that this responsibility reside solely with the State Legislature. DEC’s regulatory authority over these species should be extended, but not made permanent.

Action. By a vote of 12 in favor, 2 opposed, and 0 abstentions, the Council voted to support DEC 22R-99, with the revision that the bill extend current DEC regulatory authority over marine finfish and crabs for a period of four (4) years.

DEC 27-99

Provisions. This bill provides a management framework for commercial fisheries in New York to succeed the current moratorium on foodfish, crab, and lobster licenses, extending restrictions on eligibility for these licenses through 31 December 2002 and adding the charter/party boat operators license to the licenses subject to restrictions. It grants regulatory authority to DEC over lobsters and several species of marine finfish for which regulatory authority is presently lacking. It creates a lobster trap tag program and establishes a new commercial whelk (conch) license. The bill also creates a new marine bait dealers permit that would allow persons to catch and sell menhaden, silversides, and killifish as bait at retail.

Discussion. The license moratorium provisions of this bill are generally consistent with the recommendations of the Council. However, the Council had recommended a freeze on the issuance of additional commercial shellfish diggers permits, but the bill does not propose to freeze shellfish diggers permits. Several Councilors and commercial shellfish diggers attending the meeting felt strongly that it should and/or that commercial foodfish/lobster license restrictions should be relaxed to allow shellfish diggers to get one. The depressed condition of inshore shellfish resources makes it imperative that shellfish diggers be allowed to diversify into other fisheries, all the moreso because DEC has concluded that shellfish digger permits must be issued on request to non-residents; this may increase fishing pressure on shellfish stocks and result in greater competition for long-time participants in the inshore shellfishery. The authority of individual towns to license shellfish diggers in town waters complicates the establishment of a moratorium on the issuance of state shellfish diggers licenses. The present Lobster Fishery Management Plan calls for lobster fishing effort to be capped. Allowing additional people into this fishery would result in an increase in fishing effort. The Council had earlier recommended that the lobster license restrictions not be substantially relaxed. Licensed shellfish diggers should be allowed to secure the new bait permit, as it would provide them another commercial activity to supplement income from shellfishing. There is a similar legislative proposal to establish a commercial bait dealers license (see A.6044, below); the Council should discuss the bait license section of 27-99 at the same time as it deals with A.6044. Creation of a part-time commercial lobstering license, with perhaps a twenty (20)-trap limit, should be considered to give relief to commercial shellfish diggers. The Long Island Sound Lobstermen’s Association opposed DEC 27-99. The Easthampton Baymen’s Association supported DEC 27-99.

Action. The Council voted 13 in favor, 0 opposed, 1 abstaining to support DEC 27-99, provided that a moratorium on state shellfish diggers licenses is added and the bill’s granting of regulatory authority to DEC for lobsters is given a sunset date of 31 December 2003 . The section of DEC 27-99 dealing with the retail bait license was exempted from this vote and dealt with subsequently (see A.6044, below).