N.Y. Environmental Conservation Law § 13-0105: Marine fisheries conservation and management

§ 13-0105. Marine fisheries conservation and management.

1. (a) It is the policy of the state that the primary principle in

managing the state's marine fishery resource is to maintain the

long-term health and abundance of marine fisheries resources and their

habitats, and to ensure that the resources are sustained in usable

abundance and diversity for future generations. Utilization and

allocation of available resources will be administered consistent with

the restoration and maintenance of healthy stocks and habitats. The

state shall actively manage its marine fisheries and shall endeavor to:

protect and conserve habitats; restore habitats in areas where they have

been degraded; and maintain water quality at a level that will foster

occurrence and abundance of marine resources. The state shall optimize

the benefits of resource use so as to provide valuable recreational

experiences and viable business opportunities for commercial and

recreational fisheries.

(b) The marine fisheries conservation and management policy shall be

carried out through achievement of the following objectives:

(1) the state shall strive to obtain the best possible scientific

information through research and monitoring of the resources;

(2) the state shall use the best available scientific information in

managing the resources;

(3) the state recognizes that an informed public is integral to the

management system and shall inform and involve constituents in

management decisions;

(4) the management of the state's transboundary and migratory species

shall be consistent with any interjurisdictional management plans,

interstate or state-federal;

(5) in the event that fishery conservation and management require

actions that result in resource allocation impacts, the state shall

endeavor to assure such allocation impacts are distributed equitably

among user groups, giving priority to existing fisheries within the

state;

(6) the state shall minimize waste and reduce discard mortality of

marine fishery resources;

(7) the state shall investigate and encourage the development of

aquaculture of economically important species, both to relieve pressure

on and enhance wild stocks and to provide economic opportunity;

(8) the state shall encourage and, when feasible, provide access to

the state's marine fishery resources consistent with marine fisheries

conservation and management policy; and

(9) the state recognizes that adequate law enforcement services are

integral to the success of any marine resource management program and

shall endeavor to provide the necessary law enforcement services to

ensure the protection of the resources and compliance of users with laws

and regulations designed to manage and allocate those resources.

2. Prior to proposing regulations for the management of marine fish,

mollusks (Phylum mollusca) or crustaceans (Class crustacea) found in the

marine and coastal district, the department shall identify recreational

and commercial fisheries interests which may be affected by the proposed

regulations and directly consult with such interests. Such consultation

may include, as appropriate, the conduct of meetings with invited

representatives of fisheries interests, public information meetings,

public hearings, direct mailings of information and public comment

solicitations, and publication of proposals and comment solicitations in

trade publications, and other measures. Such consultation shall include

a meeting with the marine resources advisory council. No consultation

shall be required prior to proposing emergency regulations.

3. (a) In reviewing proposed regulations, the council may request

comments from harvesters of marine fisheries and the commercial and

recreational fishing industries.

(b) The council shall express its advice to the department as the

result of a vote of the membership on a recommendation that the proposed

regulations be adopted, not adopted, or adopted with specified

revisions.

(c) In making its final decision on such regulations, the department

shall be guided by the recommendations of the marine resources advisory

council and, consistent with the marine fisheries conservation and

management policy set forth in subdivision one of this section and the

requirements of subparagraph three of paragraph (b) of subdivision one

of this section, shall endeavor to incorporate such recommendations in

the final rulemaking. The department's assessment of public comment

published in the state register shall set forth the council's

recommendations and an explanation of the department's final decision in

regard to such recommendations and the requirements of this section.