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

2025 Regular Session Introduced by Chris Burdick and 2 co-sponsors

Gives NY DEC temporary authority through 2029 to regulate Atlantic bonito and false albacore with rules on size, catch, seasons, gear, and permits.

ADVANCED TO THIRD READING CAL.385

Basic Information

Title: Establishes the authority of the Department of Environmental Conservation to manage Atlantic bonito and false albacore

Sponsor: Assembly Members Schiavoni (primary), with co-sponsors Chris Burdick, Karines Reyes, Tommy John Schiavoni

Session/Jurisdiction: New York, 2025-2026

Introduced: March 20, 2026

Status: Advanced to third reading as of April 23, 2026

Effective Date: Immediate

Purpose and Intent

To authorize the New York Department of Environmental Conservation (DEC) to regulate the management of two Atlantic pelagic species—Atlantic bonito (Sarda sarda) and false albacore (Euthynnus alletteratus)—within state waters.

The bill aligns New York’s authority with broader regional and federal fishery management frameworks by enabling state-level rules that complement applicable interstate and federal management plans.

Key Provisions (What the Bill Would Do)

New DEC Regulatory Authority (Sec. 13-0340-h): Adds a new section defining the DEC’s ability to regulate Atlantic bonito and false albacore.

Regulatory Tools (up to December 31, 2029): The DEC may establish by regulation:

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
Rules on fishing effort and gear
Transportation, possession, and sale requirements

Conditions on Regulations:

Regulations must be no less restrictive than existing requirements in the applicable state fishery laws.
Regulations must be consistent with:
Applicable fishery management plans adopted by the Atlantic States Marine Fisheries Commission (ASMFC)
Applicable federal fishery management plans under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.)

Temporal Scope: The authority to fix these management measures is valid through December 31, 2029. (The bill language specifies the deadline by which DEC may set such measures.)

Who/What Would Be Affected

Species: Atlantic bonito (Sarda sarda) and false albacore (Euthynnus alletteratus)

Stakeholders: NY-based commercial and recreational fishers, fish buyers/markets, seafood processors, and any entities involved in the taking, landing, transportation, possession, and sale of these species within the state.

Regulatory Framework: DEC regulatory agencies and permit/recordkeeping systems would implement and enforce the measures, in coordination with ASMFC and federal fishery plans.

Procedural and Timeline Considerations

The act creates a temporary, targeted regulatory authority window through the end of 2029, during which the DEC can establish management rules.

Must be implemented in a manner consistent with both:

ASMFC plans (regional framework)
Federal fishery management plans (Magnuson-Stevens Act)

Immediate effectiveness upon enactment.

Practical Implications

Provides New York with explicit legal authority to tailor conservation and sustainable fishery practices for these two pelagic species within state waters.

Aims to harmonize state rules with multi-jurisdictional and federal frameworks to prevent overfishing while enabling orderly harvest and trade.

May result in transitional regulatory development through 2029, after which measures could be extended, revised, or sunset based on subsequent needs and fishery status.

Bill