Establishes the authority of the department of environmental conservation to manage Atlantic bonito and false albacore

2025 Regular Session Introduced by Siela Bynoe and 2 co-sponsors

New York DEC gains temporary authority to regulate Atlantic bonito and false albacore through 12/31/2029, aligning rules with ASMFC/MSA frameworks and existing laws.

REFERRED TO ENVIRONMENTAL CONSERVATION

Purpose and intent

Establishes the authority of the New York Department of Environmental Conservation (DEC) to regulate and manage Atlantic bonito (Sarda sarda) and false albacore (Euthynnus alletteratus).

The DEC is empowered to develop regulatory measures for these species to ensure sustainable management, aligned with regional and federal fishery management frameworks.

Key provisions and changes

New statutory provision added: Section 13-0340-h (Atlantic bonito and false albacore).

Time-limited regulatory authority: The DEC may fix by regulation management measures through December 31, 2029.

Regulatory scope includes:

Size limits
Catch and possession limits
Open and closed seasons
Closed areas
Restrictions on methods of taking and landing
Permit requirements and eligibility
Recordkeeping requirements
Requirements regarding fishing effort and gear
Transportation, possession, and sale requirements

Condition on regulations:

Regulations must be no less restrictive than existing requirements within the Environmental Conservation Law (ECL) and must be consistent with:
Applicable fishery management plans adopted by the Atlantic States Marine Fisheries Commission (ASMFC)
Applicable provisions of fishery management plans under the federal Magnuson-Stevens Fishery Conservation and Management Act (MSA; 16 U.S.C. § 1800 et seq.)

Affected parties and scope

State: New York

Regulatory body: New York Department of Environmental Conservation

Beneficiaries: Recreational and commercial fishers targeting Atlantic bonito and false albacore, as well as conservation interests seeking sustainable management of these species.

The measures must coordinate with regional and federal management frameworks, implying alignment with ASMFC plans and MSA-driven plans.

Procedural and timeline aspects

Effective date: The act takes immediate effect upon enactment.

Sunset/expiration: DEC’s regulatory authority under this section is expressly limited to December 31, 2029, unless further legislative action extends or modifies it.

Legislative process: Referred to the Senate Committee on Environmental Conservation for consideration.

Practical implications

States a clear mechanism for New York to regulate these species beyond general conservation rules, enabling targeted management during the specified period.

Ensures consistency with broader interstate and federal management regimes, reducing the risk of conflicting regulations.

Provides flexibility for DEC to respond to stock status, bycatch concerns, and regional fishery dynamics through targeted rules (e.g., gear restrictions or season adjustments).

If you’d like, I can map these provisions to current NY ECL language or compare them to ASMFC and MSA management plans for these species.

Bill