New York 2025-2026 Regular Session

New York Assembly Bill A11440

Caption

Extends the authority of the department of environmental conservation to manage whelk and conch

Summary

This bill extends the New York State Department of Environmental Conservation’s temporary authority to regulate the management of whelk and conch fisheries. Under current law, the department may adopt regulations governing these species through December 31, 2026; the bill changes that sunset date to December 31, 2029. The authority covers a broad range of fishery management tools, including size limits, catch and possession limits, open and closed seasons, closed areas, permit requirements, recordkeeping, gear restrictions, and rules on transportation, possession, and sale. The bill does not create a new regulatory program so much as continue an existing one. It preserves DEC’s ability to respond to fishery conditions and align state rules with regional and federal fishery management plans, including those adopted by the Atlantic States Marine Fisheries Commission and under the federal Fishery Conservation and Management Act. The measure takes effect immediately, allowing the department to maintain continuity in managing these shellfish fisheries without a lapse in authority.

Impact

The bill amends subdivision 6 of section 13-0330 of the Environmental Conservation Law by extending DEC’s sunset authority for whelk and conch management from 2026 to 2029. As a result, the department may continue issuing regulations affecting commercial and recreational harvest, permits, reporting, gear, and sales for Busycon and Busycotypus species, so long as those rules remain at least as restrictive as state law and consistent with applicable interstate and federal fishery plans. The practical effect is to preserve existing regulatory oversight for fishers, dealers, and related businesses in the shellfish sector.

Sentiment

The available context suggests the bill is routine and broadly supportive, with no recorded opposition in the provided materials. It was introduced at the request of the Department of Environmental Conservation, which indicates agency support for continuing the authority. The absence of committee transcript debate or recorded votes suggests the measure may be viewed as a technical extension of existing management powers rather than a controversial policy change.

Contention

No specific points of contention are reflected in the provided record. If any concerns exist, they would likely center on the scope of DEC’s regulatory discretion over catch limits, seasons, permits, and sales, and on how those rules affect commercial harvesters and seafood businesses. However, the bill text and context do not show organized opposition, amendments, or debate over those issues.

Companion Bills

No companion bills found.

Previously Filed As

NY S10071

Extends the authority of the department of environmental conservation to manage whelk and conch to December 31, 2029.

NY A11381

Extends the authority of the department of environmental conservation to manage sharks

NY S10061

Extends the authority of the department of environmental conservation to manage sharks.

NY A08281

Extends the authority of the department of environmental conservation to manage blackfish.

NY S07862

Extends the authority of the department of environmental conservation to manage blackfish.

NY A11355

Extends the authority of the department of environmental conservation to manage winter flounder

NY A11361

Extends the authority of the department of environmental conservation regarding the management of fluke-summer flounder

NY A11347

Extends the authority of the department of environmental conservation to manage scup

NY S10072

Extends the authority of the department of environmental conservation to manage winter flounder to 12/31/2029.

NY S10040

Extends the authority of the department of environmental conservation to manage black sea bass.

Similar Bills

No similar bills found.