NY Env Conserv L § 11-0306 (2021)
2021 New York Laws ENV - Environmental Conservation Article 11 - Fish and Wildlife Title 3 - General Powers and Duties of the Department 11-0306 - The Hudson River Estuary Management Program.

§ 11-0306. The Hudson River estuary management program.1.  There is established a Hudson River estuarine district which shall   include the tidal waters of the Hudson River, including the tidal waters   of its tributaries and wetlands from the federal lock and dam at Troy to   the Verrazzano-Narrows.2. The department shall establish a Hudson  River  estuary  management   program   for   the  Hudson  River  estuarine  district  and  associated   shorelands, with consideration to the remainder of the Hudson River, New   York bight, and the waters around Long Island only as  they  impact  the   Hudson River estuary, in order to protect, preserve and, where possible,   restore and enhance the Hudson River estuarine district.3.  The  commissioner  shall appoint a Hudson River estuary management   advisory committee with whom he or  she  shall  consult  on  regulatory,   policy and other matters affecting the management, protection and use of   the  Hudson  River estuarine district and on the formulation of a Hudson   River estuary management program. Such committee shall  consist  of  not   less  than  eleven  members who represent interests directly involved in   the Hudson River estuarine district and shall include representatives of   commercial fishing, sportsmen, research, conservation,  and  recreation.   For  the  purpose  of  immediate  implementation  of  this  section, the   committee shall consist of the  current  members  of  the  Hudson  River   fishery advisory committee.4.  The  commissioner shall maintain in the department the position of   Hudson River estuary coordinator to  manage  the  Hudson  River  estuary   management  program  and  to  assist  the  commissioner and the advisory   committee in its development and implementation.5. There is established a Hudson River  estuarine  sanctuary  for  the   purpose  of  protecting  areas of special ecological significance within   the Hudson River  estuarine  district  and  associated  shorelands.  The   estuarine  sanctuary  shall  be  managed  as a long-term estuarine field   laboratory for  research  and  education  concerning  the  Hudson  River   ecosystem.  The  estuarine  sanctuary shall be composed initially of the   four sites now within  the  Hudson  River  national  estuarine  research   reserve  (HRNERR).  The department shall adopt the Hudson River national   estuarine research reserve program as a program of  the  department  for   the purpose of operating the estuarine sanctuary. The sanctuary shall be   managed  by  the department in cooperation with the Hudson River estuary   management advisory  committee  and  the  commissioner  shall  have  the   authority  to  designate  additional  sites  for  inclusion  within  the   estuarine sanctuary. The estuarine sanctuary  shall  be  open  to  those   activities  that are compatible with the primary purposes and management   goals of the estuarine sanctuary and its individual sites.6. The department,  in  cooperation  with  the  Hudson  River  estuary   management  advisory  committee, shall report to the chairpersons of the   assembly  committee  on  environmental  conservation  and   the   senate   committee  on  environmental  conservation  on  or  before  March first,   nineteen hundred eighty-eight with an estuary  management  strategy  for   the  development of a continuing fifteen-year estuary management program   for the preservation, protection, restoration  and  enhancement  of  the   Hudson  River estuarine district and associated shorelands including but   not limited to its natural resources, its  fish  and  wildlife  and  the   habitats  within  it.  The estuary management strategy shall include but   not be limited to the following:a. A discussion of how the Hudson  River  estuary  functions  and  the   relative role of different species and an explanation of the role of the   Hudson  River estuary as a distinct ecosystem, as a habitat for fish and   wildlife, as a commercial fishery and as a recreational resource. b. Identification of areas of special ecological  significance  within   the  estuarine  district  and  associated  shoreland  including  but not   limited to spawning, nursery, wintering, feeding  and  foraging  habitat   for  marine,  anadromous,  catadromous, riverine, and freshwater species   and  a description of the annual dynamics of such habitats including the   geochemical, thermodynamic, biological,  hydrodynamic  and  hydrological   states and mechanisms critical to habitat maintenance.c.  A  plan  for  the  development  and  operation of the Hudson River   estuarine sanctuary which shall include criteria for  the  identifcation   of additional areas of special ecological significance and for additions   to  the  Hudson River estuarine sanctuary and a program of education and   research which shall be consistent with the purposes of subdivision five   of this section.d. A status report  on  the  populations  and  relative  abundance  of   species that have potential or existing recreational or commercial value   or  that  play  a  key role in the functioning of the estuary and on the   diversity of species in the estuarine district,  including  a  plan  for   maintaining an accurate evaluation of populations and relative abundance   and diversity on an annual basis.e.  Evaluation  of the impact of the uses of water on the Hudson River   estuarine district including present and future demands  for  water  and   their  impact  on the balance of fresh and salt water in the estuary and   the role of the location of the salt front in the estuary.f. Identification of areas of potential ecological significance  which   may require rehabilitation.g.  A status report on the levels of toxicants in and their effects on   important  estuarine  indicator  species  and  for  species  that   have   potential or existing recreational or commercial value.h. Identification of the anthropogenic activities and the conservation   and management problems that pose an existing or potential threat to the   resources and the functioning of the estuary.i.  An  inventory  of ownership and tenancy of underwater lands in the   estuarine district.j. Recommendations for developing the economic potential of the Hudson   River fishery and maintaining its traditional commercial fishery.k.  Recommendations  for  implementation  of  a  fifteen-year  estuary   management  program  including a list of tasks that must be accomplished   to implement the purposes stated in this  subdivision  and  address  the   findings  and  implement  the  recommendations of the estuary management   strategy.l.  Evaluation  of  the  existing  resources  and  authority  of   the   department   to  implement  the  estuary  management  program  including   research, information and data needs and legislative, administrative and   regulatory recommendations and the potential role of private sources and   institutions.7. On or before  January  first,  nineteen  hundred  eighty-nine,  the   commissioner   shall  present  the  department's  Hudson  River  estuary   management program at a public hearing. This  public  hearing  shall  be   advertised  in official newspapers in each county along the Hudson River   corridor from the city of New York to Albany  and  Rensselaer  counties.   The  program  and  public  comments  regarding it shall be included in a   report on the program to be filed with the chairperson of  the  assembly   environmental  conservation  committee and the chairperson of the senate   committee on  environmental  conservation  on  or  before  March  first,   nineteen hundred eighty-nine.8.  On  or  before  the first day of March of each year, commencing on   March first, nineteen hundred ninety, the commissioner shall  prepare  a   report   detailing  the  progress  of  the  estuary  management  program    including but not limited to consideration of those  matters  listed  in   subdivision  six  of  this section as well as any planned or anticipated   regulatory or policy changes which may affect  the  estuarine  district.   The  commissioner  shall  present  the  department's  annual report at a   special public meeting for the purpose of  public  review  and  to  hear   public  comment on the annual report. The report shall be filed with the   chairpersons of the assembly committee on environmental conservation and   the senate committee on conservation and recreation.9.  The  commissioner  shall  consult  with  the  advisory   committee   regularly  and  in  a  timely  fashion in the preparation of the estuary   management strategy, the estuary  management  program  and  his  or  her   yearly  report  to  the legislature regarding any planned or anticipated   regulatory or policy changes which will affect the  estuarine  district.   The  commissioner shall include in his or her reports to the legislature   the comments, recommendations and observations of the advisory committee   and a discussion of the consulting role that was played by the  advisory   committee.10.  The advisory committee shall consult with department personnel on   matters affecting the Hudson River estuary on a regular basis and report   to the commissioner on or before the first day of December of each  year   on its activities and concerns.11.  Any  agreement or negotiated settlement which existed between the   commissioner and the previously existing Hudson River  fishery  advisory   committee,  whose  membership  will  comprise  the  Hudson River estuary   management advisory committee for the immediate purposes of implementing   this section, shall be binding between the commissioner and  the  Hudson   River estuary management advisory committee.