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

2025 Regular Session Introduced by Erik Bottcher

Extends DEC authority to regulate whelk and conch through 12/31/2029, enabling rules on size, catch, seasons, gear, permits, and reporting aligned with ASMFC and federal plans.

RETURNED TO SENATE

Purpose and Intent

The bill extends the New York Department of Environmental Conservation’s (DEC) regulatory authority to manage whelk and conch (specifically Busycon and Busycotypus spp.).

The authority would apply through December 31, 2029, expanding the existing sunset date for DEC’s management powers.

Aim: align state regulations with regional/federal fishery management frameworks to ensure compliant, consistent management of these species.

Key Provisions

Section amended: Subdivision 6 of section 13-0330 of the Environmental Conservation Law (as amended by chapter 320 of the laws of 2023).

Core authority retained and extended:

The DEC may adopt regulations to manage whelk and conch through December 31, 2029.

Regulatory scope includes (but is not limited to):

Size limits (e.g., minimum/maximum shell or meat size).
Catch and possession limits ( quotas or per-angler limits).
Open and closed seasons.
Closed areas (marine protected areas or other restricted zones).
Restrictions on methods of taking and landing (gear and techniques).
Permit requirements and eligibility criteria.
Recordkeeping requirements (logging of harvest data, etc.).
Requirements regarding fishing effort and gear (limits on effort, types of gear, etc.).
Transportation, possession, and sale requirements.

Standards for regulations:

DEC regulations must be at least as restrictive as state law’s baseline requirements.
Regulations must be consistent with:
Compliance requirements of 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.).

Who Would Be Affected

Primary: DEC and the fishing communities that harvest whelk and conch in New York waters.

Potentially affected parties include:

Commercial harvesters and dealers (permits, reporting, and sale rules).
Recreational/commercial license holders (season dates, gear restrictions, size/catch limits).
Gear manufacturers and suppliers (changes to allowed gear or methods).
Interstate and federal partners involved in ASMFC and federal management plans.

Procedural and Timeline Details

Effective Date: Immediate upon enactment. The act states take effect immediately.

Sunset/End Date: The extended authority lasts through December 31, 2029.

Legislative pathway: Referred to the Senate Committee on Environmental Conservation; sponsored by Sen. Bottcher (at the request of DEC), with a co-sponsor listed.

Practical Implications

Enables DEC to implement or modify regulations to manage whelk and conch in alignment with regional and federal management plans.

Provides a framework to adjust regulations as fisheries conditions change (e.g., stock status, recreational demand, market dynamics) while ensuring consistency with ASMFC and federal policies.

Aims to prevent overfishing and maintain sustainable populations by enabling a comprehensive regulatory toolkit (size, catch limits, seasons, gear restrictions, and reporting).

If you’d like, I can add a quick comparison to existing state management for other mollusks or provide a timeline of the related ASMFC/federal compliance requirements to give further context.

Bill