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Bill

A 11440

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

2025 Regular Session

DEC gains authority until 12/31/2029 to regulate whelk and conch with measures like size, catch limits, seasons, permits, and reporting.

REPORTED REFERRED TO RULES
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Bill Summary · A 11440

Purpose and intent

  • Extend the authority of the New York Department of Environmental Conservation (DEC) to manage whelk and conch (Busycon and Busycotypus spp.) through regulatory measures.
  • Align state regulation with interstate/federal fishery management frameworks to ensure sustainable harvesting.

Key provisions

  • Authority extension: The DEC is authorized, until December 31, 2029, to establish regulatory measures for whelk and conch.
  • Regulatory tools: The DEC may set, by regulation, comprehensive management measures including:
    • 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
    • Limits on fishing effort and gear
    • Transportation, possession, and sale requirements
  • Consistency requirements: Regulations must be:
    • Not more restrictive than existing state law
    • Consistent with applicable fishery management plans adopted by the Atlantic States Marine Fisheries Commission (ASMFC)
    • Consistent with federal fishery management plans under the Federal Fishery Conservation and Management Act (Magnuson-Stevens Act)

Who is affected

  • Whelk and conch harvesters and licensees in New York, including commercial fishers who take or land Busycon and Busycotypus spp.
  • Businesses involved in the transportation, sale, and distribution of whelk and conch within New York and interstate commerce.
  • Entities subject to DEC permitting, reporting, and recordkeeping requirements related to whelk and conch.

Procedural and timeline aspects

  • Effective date: The act takes effect immediately upon enactment.
  • Sunset/extension: The regulatory authority for whelk and conch is explicitly limited to December 31, 2029, unless further legislative action extends it.
  • Legislative path: The bill was introduced by the Rules Committee upon the request of Assembly Member Lunsford and the DEC, referred to the Environmental Conservation Committee, and then reported to Rules.

Practical implications

  • Potential for updated state-specific regulations on whelk and conch within the 2029 window, including market and harvest controls.
  • Regulatory alignment with ASMFC and federal fishery management plans aims to ensure cohesive interstate and federal conservation efforts.
  • Businesses should anticipate possible permit requirements, reporting obligations, and gear/effort restrictions if and when DEC enacts regulations.

Compiled from official sources — confirm details with the bill’s official record.

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