NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7438
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 Atlantic Cod
PURPOSE OF THE BILL:
The purpose of this bill is to extend the authority of the Department of
Environmental Conservation (DEC) to manage Atlantic cod.
SUMMARY OF PROVISIONS:
Section 1 of this bill amends Environmental Conservation Law (ECL) §
13-0339-a(1)(a) to extend, until December 31, 2026, DEC's authority to
fix by regulation measures for the management of Atlantic cod (Gadus
Section 2 of this bill provides that the bill shall take effect imme-
DEC's regulatory authority for Atlantic cod is necessary to preserve the
current regulatory program. Failure to extend the existing regulatory
authority by December 31, 2023 will result in the loss of regulatory
protection for these species.
This bill would extend DEC's regulatory authority for Atlantic cod for
an additional three years, and ensure that DEC continues to be able to
maintain compliance with any applicable federal management plan or
Interstate Fishery Management Plan (FMP) adopted by the Atlantic States
Marine Fisheries Commission (ASMFC). ECL § 13-0105, which sets forth the
marine fisheries conservation and management policy, provides that one
of the State's objectives shall be that the management of the State's
transboundary and migratory species shall be consistent with any inter-
jurisdictional management plans, interstate or state-federal. Moreover,
failure to make necessary regulatory changes as may be required by an
applicable FMP could result in the closure of New York's fishery for
Atlantic cod is managed by the federal government pursuant to a federal
FMP adopted by the New England Fishery Management Council. Atlantic cod
are infrequently caught in New York waters, but are regularly landed in
New York from fishing trips in federal waters. It is important that New
York have the ability to synchronize state regulations with any amend-
ments to the FMP and resulting changes to the federal regulations so
that the applicable rules are clear and easy to enforce.
PRIOR LEGISLATIVE HISTORY:
Last extended by Chapter 58 of the Laws of 2020.
FISCAL IMPLICATIONS: None.
This act shall take effect immediately.
STATE OF NEW YORK
2023-2024 Regular Sessions
May 19, 2023
Introduced by M. of A. LEE -- (at request of the Department of Environ-
mental Conservation) -- read once and referred to the Committee on
AN ACT to amend the environmental conservation law, in relation to
extending the authority of the department of environmental conserva-
tion to manage Atlantic Cod
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph a of subdivision 1 of section 13-0339-a of the
2 environmental conservation law, as amended by section 1 of item F of
3 subpart A of part XXX of chapter 58 of the laws of 2020, is amended to
4 read as follows:
5 a. Atlantic cod (Gadus morhua) until December thirty-first, two thou-
6 sand [twenty-three] twenty-six,
7 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.