Extends the authority of the department of environmental conservation to manage Atlantic and shortnose sturgeon

◆ The sponsor's argument

Why Siela Bynoe says this is needed

DEC's regulatory authority for Atlantic and shortnose sturgeon is neces- sary to preserve the current regulatory program. Failure to extend the existing regulatory authority by December 31, 2026, will result in the loss of regulatory protection for this species. This bill would extend DEC's regulatory authority for Atlantic and shortnose sturgeon 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 interjurisdictional 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 that species. Atlantic sturgeon is managed pursuant to the Interstate Fishery Manage- ment Plan for Atlantic Sturgeon adopted by ASMFC. The 1998 amendment to the FMP required closure of all states' sturgeon fisheries and the possession of Atlantic sturgeon is prohibited in New York. The species was listed as "endangered" in April 2012, pursuant to the federal Endan- gered Species Act of 1973. The shortnose sturgeon is listed as endan- gered, and is therefore also fully protected by the Endangered Species Act of 1973. Abundance of both sturgeon species is increasing, and their status may be upgraded in the future. If so, it will be necessary for New York to have regulatory authority to protect the recovered stocks.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.