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

2025 Regular Session

Gives DEC broad authority to regulate fluke/summer flounder through rules on size, catch limits, seasons, areas, gear, permits, and trade, aligned with ASMFC and federal plans.

SUBSTITUTED BY S10042

Overview

Bill: A 11361

Session: 2025-2026

Jurisdiction: New York

Committee: Environmental Conservation (introduced at the request of the Department of Environmental Conservation)

Purpose: Extend the authority of the NYS Department of Environmental Conservation (DEC) to manage fluke-summer flounder through regulations.

What the bill does

Amends Environmental Conservation Law § 13-0340-b (Fluke - summer flounder) to extend DEC regulatory authority.

DEC would be able to fix by regulation measures for the management of fluke/summer flounder, including:

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

The new language specifies that these regulations must be:

Not less restrictive than current requirements in the relevant environmental law
Consistent with applicable fishery management plans adopted by:
The Atlantic States Marine Fisheries Commission (ASMFC)
Federal fishery management plans under the Magnuson-Stevens Fishery Conservation and Management Act (as codified at 16 U.S.C. § 1800 et seq.)

Who is affected

Primary: Areas under DEC jurisdiction responsible for management of fluke/summer flounder.

Stakeholders include:

Commercial and recreational fishers targeting fluke/summer flounder
Fish buyers, processors, and handlers (due to new/updated permit, reporting, and sale requirements)
Gear manufacturers and suppliers (to the extent gear restrictions or permit conditions affect operations)
State agencies and regional fisheries management bodies (ASMFC and federal programs) due to alignment with regional and national plans

Key provisions and changes

Regulatory authority expansion: DEC gains authority to establish comprehensive management measures for fluke/summer flounder via regulation.

Scope of measures: The bill covers management controls across biological, operational, and commercial dimensions (sizes, quotas, seasons, areas, gear, permits, reporting, and trade controls).

Consistency and preemption: Regulations must be at least as stringent as current state requirements and must align with ASMFC plans and Federal fishery management plans.

Effective date: The act takes effect immediately upon enactment.

Procedural and timeline aspects

Status: Introduced May 13, 2026; referred to Environmental Conservation.

Legislative actions: Explanations indicate subsequent committee and rule actions, with a substitution later in May 2026 (S10042) and standard reporting and readings on May 21, 2026, before moving to third reading and final passage processes.

Immediate effect: Provisions state that the act takes effect immediately, allowing DEC to begin implementing or adjusting regulations without delay.

Potential impact

Administrative: Provides DEC with a clearer and broader toolset to manage fluke/summer flounder, potentially enabling faster or more granular responses to stock status, bycatch, and habitat concerns.

Conservation and stock management: By ensuring alignment with ASMFC and federal plans, the bill supports coordinated regional management to sustain fluke stocks.

Economic and fishery implications: Could affect catch limits, seasonal windows, gear use, and reporting requirements for both commercial and recreational sectors; impact magnitudes would depend on subsequent DEC regulations issued under this expanded authority.