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ENB - Statewide Notices 10/17/2012

Public Notice

Pursuant to the Environmental Conservation Law sections 11-0303, 13-0105 and 13-0329-16 the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Notice of Emergency Adoption to amend 6 NYCRR Part 44 pertaining to lobster regulations. This rule making will maintain the current mandatory V-notching of legal size egg-bearing female lobsters captured by lobster permit holders in Lobster Conservation Management Area (LMA) 4, as adopted by emergency adoption on July 11, 2012. A V-notch is a triangular cut on the tail fin of a legal size female egg-bearing lobster that takes several molts to disappear. It is illegal to harvest a lobster that has been marked thusly. The V-notch protects female lobsters from harvest for two years.

This rule making is necessary to reduce lobster harvest by 10% and to remain in compliance with the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for the American Lobster. It also establishes rules that require permit holders who fish in more than one LMA to abide by the most restrictive V-notch rules of the LMAs listed on their permit.

This notice will be published in issue 43 of the State Register, dated October 24, 2012.

For further information, please contact:

Kim McKown
NYS DEC -Marine Resources Headquarters
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0454
E-mail: kamckown@gw.dec.state.ny.us


Notice of Proposed 2013 Atlantic Ocean Surfclam Annual Harvest Limit

Pursuant to Environmental Conservation Law Section 13-0309 and Subpart 43-2 of Title 6 of the New York Codes Rules and Regulations, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC is proposing to establish the 2013 annual harvest limit for surfclams taken by mechanical means from the certified waters of the Atlantic Ocean at 225,000 industry standard bushels which would decrease the level of harvest (total allowable catch) by 25% from the 300,000 industry bushel limit that was established from 2009 through 2012. NYS DEC completed a surfclam population assessment (survey) in the New York State waters of the Atlantic Ocean in 2012. The results of the survey reported a surfclam population estimate (biomass or volume) of 5.2 million industry standard bushels, a decrease of 24% since the 2008 survey. Additionally, the total number of clams decreased to 470 million clams in 2012 representing about a 40% decline since the 2008 survey. The overall recruitment and percentage of sub-legal sized clams from the Atlantic Ocean for this survey was about 6% which is a decrease from the 2008 estimate of 10%.

Pursuant to NYS DEC's Fishery Management Plan for the Atlantic Ocean Surfclam Fishery and 6 NYCRR Part 43-2, the annual harvest limit shall not exceed 5 percent of the fully recruited biomass based on the most recent surfclam population assessment (survey) for the Atlantic Ocean. The proposed harvest limit of 225,000 industry standard bushels represents 4.33 percent of the surfclam population biomass based on the 2012 surfclam survey. Therefore, after considering the most recent surfclam population assessment (survey) data, prior survey data, catch reports submitted by harvesters and other biological and statistical information, NYS DEC is proposing to establish the annual harvest limit at 225,000 industry bushels, which is necessary in order to protect the long-term sustainability of the resource and economic viability of the surfclam fishery. NYS DEC will announce the annual harvest limit for 2013 no later than November 15 for an effective date of January 1 after taking into consideration public comment and any other relevant fishery related information.

Written comments on the proposed 2013 Atlantic Ocean surfclam annual harvest limit will be accepted by the contact listed below by mail, email, or fax until close of business, Wednesday, October 31, 2012. Additionally, if you would like to receive a copy of the surfclam data from the 2012 surfclam survey, please submit a written request to NYS DEC.

For further information, please contact:

Jennifer O'Dwyer
NYSDEC - Marine Resources Headquarters
205 North Belle Mead Road, Suite 1
East Setauket, NY 11733
Phone: (631) 444-0489
Fax: (631) 444-0496
E-mail: jlodwyer@gw.dec.state.ny.us


New York State Department of Environmental Conservation's New York Environmental Leaders Program Open Enrollment Period

The New York State Department of Environmental Conservation (NYS DEC) is accepting applications for the New York Environmental Leaders Program (NYEL). The open enrollment period began on September 1, 2012 and applications will be accepted until October 31, 2012.

NYEL, which is entering its fifth year of operation, provides recognition and incentives to New York State companies and organizations that can demonstrate the use of pollution prevention practices, beyond compliance performance, or sustainable business practices as a result of their participation in NYEL. Detailed information about NYEL can be found on the NYS DEC's website at: http://www.dec.ny.gov/chemical/939.html.

Those accepted as members in NYEL are considered a priority for relevant NYS DEC assistance. In addition, NYEL members have access to a NYEL contact, within the NYS DEC. The NYEL contact will be available to assist with communication between the member and the NYS DEC, and to help members garner assistance in their environmental goals from the New York State Pollution Prevention Institute (http://www.nysp2i.rit.edu/). NYEL members are also able to use the NYEL logo to promote their green practices and receive recognition from the NYS DEC for their outstanding achievements.

NYEL provides flexibility to prospective applicants by offering two membership tiers, the entry tier and the leadership tier. In addition, NYEL is open to a wide array of organizations including businesses, especially manufacturers, as well as organizations such as schools, hospitals, and local governments. For more information on which tier best fits your organization, please visit the NYS DEC's website at: http://www.dec.ny.gov/chemical/939.html.

If your organization is interested in becoming a NYEL member during this open enrollment period, a NYEL application form for the tier your facility intends to apply for must be completed and returned by October 31, 2012. Interactive versions of the NYEL Entry Tier Application and NYEL Leadership Tier Application forms are available for download on the NYS DEC's website at: http://www.dec.ny.gov/chemical/939.html. Also, if you have any colleagues that you think may be interested in NYEL, please forward them this information.

If you have any questions, require any additional information, or experience problems down loading the applications, please do not hesitate to contact John Vana at (518) 402-9469 or E-mail: jmvana@gw.dec.state.ny.us.

Contact: John Vana, NYS DEC - Division of Environmental Permits, 625 Broadway, Albany, NY 12233-1750, Phone: (518) 402-9467, E-mail: jmvana@gw.dec.state.ny.us.


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