The Council devoted its April and May meetings to review and comment on marine fishery-related legislation pending before the New York State Legislature. Mr. Gordon Colvin of DEC’s Bureau of Marine Resources reviewed the disposition of these bills as of today’s meeting date.

Passed Both Houses and Signed Into Law

Assembly 7934, DEC regulatory authority over blackfish, was replaced by Senate 5668-C and signed into law as Chapter 195. At the Council’s recommendation, there is a sunset date of 12/31/03; regulations prohibiting gill nets and limiting possession to 25 fish remain.

Assembly 8112, regulatory authority over herring, sturgeon, eel, and cod, was replaced by Senate 5718A and signed into law as Chapter 196. The sunset date, as recommended by the Council, is 12/31/03.

Assembly 8152, instituting a lobster trap tag system, was substituted by Senate 5918-A and enacted as Chapter 204, with a fee of $.20 per tag; the Council had recommended $.25/tag.

Passed Both Houses and Before the Governor for Signature

Assembly 6044-A, creating a non-transferable state marine bait dealers license.

Assembly 8117, increasing daily catch limits of surf clams.

Assembly 8127, extending DEC’s general regulatory authority over marine finfish, was substituted by Senate 5643A, which corrects the deficiencies of Assembly 8127 and reinstates regulatory authority over sturgeon.

Assembly 8128A, extending DEC’s regulatory authority over special management areas through 31 December 2003, as recommended by the Council.

Assembly 8164-A, extending DEC’s regulatory authority over crabs (including horseshoe crabs), weakfish, fluke, and bluefish, through 31 December 2003.

Assembly 8165, extends DEC’s regulatory authority over winter flounder, whelks, scup, and black sea bass, through 31 December 2003.

Assembly 8171, dealing with DEC’s regulatory authority over sharks and prohibiting of finning of sharks, including dogfish, was substituted by Senate 5917, which carries a sunset date of 31 December 2003.

Assembly 8169A, affecting shellfish growing water certification in Hudson River and establishing non-resident state shellfish diggers license; the Council’s recommended revisions were not made.

Senate 5402, forbidding unauthorized disturbance of commercial fishing nets/gear.

Did Not Pass Both Houses of the Legislature

Assembly 1142, prohibiting DEC from adopting/implementing any fishery management plan that allows the transfer of commercial fishing licenses.

Assembly 1143, directing DEC to conduct a study of materials used in commercial fishing nets, including the benefits of biodegradable materials.

Assembly 8161, restricting the use of rollers and metallic items on commercial trawls.

Assembly 803, requiring certain marinas to install sewage pumpout stations.

Assembly 1346, prohibiting DEC from granting a tidal wetland permit if the activity under the permit would restrict public access to public lands.

Assembly 2033, prohibiting disposal in New York’s Marine District of any dredged material containing contaminants.

Assembly 3539, clarifying the marine species covered by the term, "shark," in state law.

Assembly 3824, prohibiting the taking of marine finfish by persons other than those holding a commercial foodfish license.

Assembly 4792, reducing the number of violations that require mandatory revocation of a shellfish diggers license.

Assembly 5090, expanding the no-trawl zone in eastern Long Island Sound.

Assembly 6126-A, extending seasonal ban on use of commercial gill nets in Great South Bay.

Assembly 6455, directing DEC to conduct an educational program on the ecological dangers of using lead fishing sinkers.

Assembly 7322, prohibits taking of striped bass from Hudson River for commercial purposes.

Senate 1234/Assembly 2032, prohibiting the use in New York’s Marine District of haul seines greater than 300’ in length.

Senate 1633/Assembly 2840, obviating the need for commercial fishermen to pay diesel fuel excise/sale taxes and then seek full reimbursement.

Senate 1747, allowing towns to adopt shellfish ordinances that are less restrictive than state regulations.

Senate 2785/Assembly 8063A, establishing a new seafood policy advisory council bill, passed the Senate and was returned to the Assembly. Vetoed last year by the Governor because he objected to the process established for appointing members to the Council, the bill has been amended to rectify this problem.

Senate 5295, altering several restrictions on commercial harvesting of shellfish.

Senate 5400, prohibiting the use of fish picks to sort fish.

Senate 3151A/Assembly 5944, restricting use of commercial crab pots in Great South Bay.

Senate 5401, increasing financial penalties for taking marine species in violation of ECL.

The bill on the commercial fishing license moratorium passed as Assembly 8479A, was signed by the Governor, and is now Chapter 131. A strict moratorium is maintained on lobster licenses for an additional three years. Commercial foodfish and crab licenses are capped at the number existing in 1997. Current license holders are automatically eligible to renew the licenses for the rest of 1999. Afterwards, future foodfish and crab licenses will require having held a license in the preceding year. Each year, additional licenses up to the cap number will be issued on a first come, first served basis to people who meet income eligibility requirements. Lobster licenses will remain strictly limited to those who had them the preceding year. All of this sunsets in 2003. The bill authorizes those who lost their licenses in June 1997 to get a license this year. Nothing was enacted to restrict the number of charter/party boat operator licenses. Messrs. Colvin and Wise observed that the above license program will be the subject of scrutiny over the next several years and suggestions are already being heard on how it might be improved, made fairer, etc.

The Council discussed the amount of time it had spent discussing bills and legislative proposals that were not acted upon, especially those bills discussed at the April meeting. It was agreed that a session should be held this fall or winter with legislative staff to discuss issues of timing and process to determine the best way for the Council to render its views and advice on legislative proposals.