Extends the authority of the department of environmental conservation from December 31, 2025 until December 31, 2028 to adopt by regulation measures for the management of hard clams, soft or steamer clams or razor clams.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8280
SPONSOR: Kassay TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
extending the authority of the department of environmental conservation
to manage clams
PURPOSE OF THE BILL:
The purpose of this bill is to extend the authority of the Department of
Environmental Conservation (DEC) to manage clams.
SUMMARY OF PROVISIONS:
Section 1 of this bill amends Environmental Conservation Law (ECL) §
13-0325(8) to extend, until December 31, 2028, DEC's authority to fix by
regulation measures for the management of hard clams, soft or steamer
clams, and razor clams.
Section 2 of this bill provides that the bill shall take effect imme-
diately.
JUSTIFICATION:
DEC's regulatory authority for hard clams, soft or steamer clams, and
razor clams is necessary in order to preserve the current regulatory
program. Failure to extend the existing regulatory authority by December
31, 2025 will result in the loss of regulatory protection for clams.
Although ECL § 13-0325 includes size limits for hard clams and soft
clams, there are no management or conservation measures established for
these species, including catch and possession limits, seasonal
restrictions, management areas, or other measures that are necessary for
the protection of the resource and their associated habitats. Also,
there are no size limits or management measures established for the
taking of razor clams in the waters of the State. The hard clam has
experienced a significant decline in population, and resource management
is needed to conserve and protect the long-term viability of hard clam
populations in the State. DEC needs regulatory authority to assist in
the adoption of conservation measures that will help support hard clam
restoration efforts undertaken by State, town and county agencies,
nongovernmental organizations such as The Nature Conservancy, and other
stakeholder organizations.
Regulatory authority is needed to support and implement hard clam resto-
ration efforts in our local bays and'harbors. This legislation would
provide DEC with the necessary regulatory authority to assist in the
development and facilitation of a long-term restoration strategy for the
protection of shellfish species in the marine district.
PRIOR LEGISLATIVE HISTORY:
DEC's regulatory authority to manage clams was extended by Chapter 369
of the Laws of 2022.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8280
2025-2026 Regular Sessions
IN ASSEMBLY
May 8, 2025
___________
Introduced by M. of A. KASSAY -- (at request of the Department of Envi-
ronmental Conservation) -- read once and referred to the Committee on
Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
extending the authority of the department of environmental conserva-
tion to manage clams
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 8 of section 13-0325 of the environmental
2 conservation law, as amended by chapter 369 of the laws of 2022, is
3 amended to read as follows:
4 8. The department may, until December thirty-first, two thousand
5 [twenty-five] twenty-eight, adopt by regulation measures for the manage-
6 ment of hard clams (Mercenaria mercenaria), soft or steamer clams (Mya
7 arenaria), and razor clams (Ensis sp.), including size limits, catch and
8 possession limits, open and closed seasons, closed areas, restrictions
9 on the manner of taking and landing, requirements for permits and eligi-
10 bility therefor, recordkeeping and identification requirements, require-
11 ments on the amount and type of fishing effort and gear, and require-
12 ments relating to transportation, possession and sale, provided that
13 such regulations are no less restrictive than requirements set forth in
14 this chapter.
15 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09953-01-5
