2023 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.