NY Env Conserv L § 13-0105 (2021)
2021 New York Laws ENV - Environmental Conservation Article 13 - Marine and Coastal Resources Title 1 - General Provisions 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.