§ 11-0306 — The Hudson River estuary management program

New York § 11-0306

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 3: General Powers and Duties of the Department
• Art. 11: Fish and Wildlife

Text

§ 11-0306. The Hudson River estuary management program.\n 1. There is established a Hudson River estuarine district which shall\ninclude the tidal waters of the Hudson River, including the tidal waters\nof its tributaries and wetlands from the federal lock and dam at Troy to\nthe Verrazzano-Narrows.\n 2. The department shall establish a Hudson River estuary management\nprogram for the Hudson River estuarine district and associated\nshorelands, with consideration to the remainder of the Hudson River, New\nYork bight, and the waters around Long Island only as they impact the\nHudson River estuary, in order to protect, preserve and, where possible,\nrestore and enhance the Hudson River estuarine district.\n 3. The commissioner shall appoint a Hudson River estuary management\nadvisory committee with whom he or she shall consult on regulatory,\npolicy and other matters affecting the management, protection and use of\nthe Hudson River estuarine district and on the formulation of a Hudson\nRiver estuary management program. Such committee shall consist of not\nless than eleven members who represent interests directly involved in\nthe Hudson River estuarine district and shall include representatives of\ncommercial fishing, sportsmen, research, conservation, and recreation.\nFor the purpose of immediate implementation of this section, the\ncommittee shall consist of the current members of the Hudson River\nfishery advisory committee.\n 4. The commissioner shall maintain in the department the position of\nHudson River estuary coordinator to manage the Hudson River estuary\nmanagement program and to assist the commissioner and the advisory\ncommittee in its development and implementation.\n 5. There is established a Hudson River estuarine sanctuary for the\npurpose of protecting areas of special ecological significance within\nthe Hudson River estuarine district and associated shorelands. The\nestuarine sanctuary shall be managed as a long-term estuarine field\nlaboratory for research and education concerning the Hudson River\necosystem. The estuarine sanctuary shall be composed initially of the\nfour sites now within the Hudson River national estuarine research\nreserve (HRNERR). The department shall adopt the Hudson River national\nestuarine research reserve program as a program of the department for\nthe purpose of operating the estuarine sanctuary. The sanctuary shall be\nmanaged by the department in cooperation with the Hudson River estuary\nmanagement advisory committee and the commissioner shall have the\nauthority to designate additional sites for inclusion within the\nestuarine sanctuary. The estuarine sanctuary shall be open to those\nactivities that are compatible with the primary purposes and management\ngoals of the estuarine sanctuary and its individual sites.\n 6. The department, in cooperation with the Hudson River estuary\nmanagement advisory committee, shall report to the chairpersons of the\nassembly committee on environmental conservation and the senate\ncommittee on environmental conservation on or before March first,\nnineteen hundred eighty-eight with an estuary management strategy for\nthe development of a continuing fifteen-year estuary management program\nfor the preservation, protection, restoration and enhancement of the\nHudson River estuarine district and associated shorelands including but\nnot limited to its natural resources, its fish and wildlife and the\nhabitats within it. The estuary management strategy shall include but\nnot be limited to the following:\n a. A discussion of how the Hudson River estuary functions and the\nrelative role of different species and an explanation of the role of the\nHudson River estuary as a distinct ecosystem, as a habitat for fish and\nwildlife, as a commercial fishery and as a recreational resource.\n b. Identification of areas of special ecological significance within\nthe estuarine district and associated shoreland including but not\nlimited to spawning, nursery, wintering, feeding and foraging habitat\nfor marine, anadromous, catadromous, riverine, and freshwater species\nand a description of the annual dynamics of such habitats including the\ngeochemical, thermodynamic, biological, hydrodynamic and hydrological\nstates and mechanisms critical to habitat maintenance.\n c. A plan for the development and operation of the Hudson River\nestuarine sanctuary which shall include criteria for the identifcation\nof additional areas of special ecological significance and for additions\nto the Hudson River estuarine sanctuary and a program of education and\nresearch which shall be consistent with the purposes of subdivision five\nof this section.\n d. A status report on the populations and relative abundance of\nspecies that have potential or existing recreational or commercial value\nor that play a key role in the functioning of the estuary and on the\ndiversity of species in the estuarine district, including a plan for\nmaintaining an accurate evaluation of populations and relative abundance\nand diversity on an annual basis.\n e. Evaluation of the impact of the uses of water on the Hudson River\nestuarine district including present and future demands for water and\ntheir impact on the balance of fresh and salt water in the estuary and\nthe role of the location of the salt front in the estuary.\n f. Identification of areas of potential ecological significance which\nmay require rehabilitation.\n g. A status report on the levels of toxicants in and their effects on\nimportant estuarine indicator species and for species that have\npotential or existing recreational or commercial value.\n h. Identification of the anthropogenic activities and the conservation\nand management problems that pose an existing or potential threat to the\nresources and the functioning of the estuary.\n i. An inventory of ownership and tenancy of underwater lands in the\nestuarine district.\n j. Recommendations for developing the economic potential of the Hudson\nRiver fishery and maintaining its traditional commercial fishery.\n k. Recommendations for implementation of a fifteen-year estuary\nmanagement program including a list of tasks that must be accomplished\nto implement the purposes stated in this subdivision and address the\nfindings and implement the recommendations of the estuary management\nstrategy.\n l. Evaluation of the existing resources and authority of the\ndepartment to implement the estuary management program including\nresearch, information and data needs and legislative, administrative and\nregulatory recommendations and the potential role of private sources and\ninstitutions.\n 7. On or before January first, nineteen hundred eighty-nine, the\ncommissioner shall present the department's Hudson River estuary\nmanagement program at a public hearing. This public hearing shall be\nadvertised in official newspapers in each county along the Hudson River\ncorridor from the city of New York to Albany and Rensselaer counties.\nThe program and public comments regarding it shall be included in a\nreport on the program to be filed with the chairperson of the assembly\nenvironmental conservation committee and the chairperson of the senate\ncommittee on environmental conservation on or before March first,\nnineteen hundred eighty-nine.\n 8. On or before the first day of March of each year, commencing on\nMarch first, nineteen hundred ninety, the commissioner shall prepare a\nreport detailing the progress of the estuary management program\nincluding but not limited to consideration of those matters listed in\nsubdivision six of this section as well as any planned or anticipated\nregulatory or policy changes which may affect the estuarine district.\nThe commissioner shall present the department's annual report at a\nspecial public meeting for the purpose of public review and to hear\npublic comment on the annual report. The report shall be filed with the\nchairpersons of the assembly committee on environmental conservation and\nthe senate committee on conservation and recreation.\n 9. The commissioner shall consult with the advisory committee\nregularly and in a timely fashion in the preparation of the estuary\nmanagement strategy, the estuary management program and his or her\nyearly report to the legislature regarding any planned or anticipated\nregulatory or policy changes which will affect the estuarine district.\nThe commissioner shall include in his or her reports to the legislature\nthe comments, recommendations and observations of the advisory committee\nand a discussion of the consulting role that was played by the advisory\ncommittee.\n 10. The advisory committee shall consult with department personnel on\nmatters affecting the Hudson River estuary on a regular basis and report\nto the commissioner on or before the first day of December of each year\non its activities and concerns.\n 11. Any agreement or negotiated settlement which existed between the\ncommissioner and the previously existing Hudson River fishery advisory\ncommittee, whose membership will comprise the Hudson River estuary\nmanagement advisory committee for the immediate purposes of implementing\nthis section, shall be binding between the commissioner and the Hudson\nRiver estuary management advisory committee.\n