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ENB - Statewide Notices 7/1/2015

Public Notice

Notice of Emergency Adoption to Amend 6 NYCRR Part 10 and Part 40

Pursuant to the Environmental Conservation Law sections 11-0303, 11-1521, 13-0105, 13-0339, and 13-0347, 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 10 and Part 40 pertaining to striped bass.

This rule making will continue to implement current possession and size limits for the striped bass recreational fishery, in both the marine and coastal district, and inland waters, including the Hudson and Delaware Rivers and their tributaries; as well as open season dates for the Hudson River and its tributaries. It will also continue to implement size limits for the marine commercial fishery, open the commercial striped bass season one month earlier and require commercial striped bass harvesters to renew their permits one month earlier, temporarily suspend the commercial harvesters tag allocation requalification process for 2015, and repeal the striped bass party and charter boat permit.

This rule making is necessary to ensure the striped bass harvest rules remain in place when the original rule expires. It will reduce harvest of striped bass and allow New York to remain in compliance with the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Striped Bass.

This notice will be published in issue 26 of the State Register, dated July 1, 2015.

For further information, please contact:

Carol Hoffman
NYS DEC - Marine Resources Headquarters
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0476

Findings Statement for the Final Supplemental Generic Environmental Impact Statement on High-Volume Hydraulic Fracturing.

On June 29, 2015, the New York State Department of Environmental Conservation (NYS DEC), as lead agency, issued findings with respect to whether to authorize a program allowing high-volume hydraulic fracturing (HVHF) in New York State.

The Findings Statement concludes that even with the implementation of an extensive suite of mitigation measures considered by NYS DEC, the significant adverse environmental impacts and potential public health impacts cannot be adequately avoided or minimized to the maximum extent practicable. In light of this conclusion, the NYS DEC has selected the No Action Alternative, which means NYS DEC will not establish a high-volume hydraulic fracturing permitting program; that no individual or site-specific permit applications for wells using high-volume hydraulic fracturing will be processed until further notice; and, that high-volume hydraulic fracturing will be prohibited in New York State.

Document Availability: The Findings Statement is available on NYS DEC's website at: A CD version or a paper version of the Findings Statement, subject to reasonable reproduction costs, may be obtained upon request.

Contact: Eugene J. Leff, NYS DEC, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8044

Data Solicitation for 2016 CWA Section 303(d) List

Section 303(d) of the Federal Clean Water Act (CWA) requires States to compile periodically (every two years) a list of impaired waters that do not meet water quality standards and where designated uses are not fully supported and where a Total Maximum Daily Load (TMDL) plan is necessary to address the impairment. States are scheduled to submit their next Section 303(d) Lists to USEPA by April 1, 2016. To support the development of the Section 303(d) Lists, States are also required to assemble and evaluate existing and readily available water quality related data and information. New York State is currently soliciting and accepting water quality data and information that may be useful in compiling the 2016 Section 303(d) List.

Background: The water quality assessment of New York State's waters is a continuous process. Participation and input from a wide range of state, federal and local agencies and non-governmental water quality partners (watershed groups, lake associations, academic researchers, etc.) is encouraged. New York State Department of Environmental Conservation (NYS DEC) is able to effectively manage the statewide assessment process by focusing the effort on a limited number of specific drainage basins each year. Concentrating on a few basins each year allows NYS DEC to provide ample opportunity for the extensive list of interested groups to provide input and allows for a thorough evaluation of all available data.

Every two years, corresponding to the development of the State's Section 303(d) List, the public is solicited to provide water quality data and information for any waterbody (any basin). This allows for a more comprehensive updating of the List. Some of the solicited data and information may result in changes to the List; other data, it may be determined, will have no impact on the pending List, but will be incorporated into subsequent water quality assessments. Some of the data and information received during the solicitation may not be sufficiently conclusive to make a definitive impairment determination and use of this data and information may also be deferred until the more complete assessment of the corresponding basin is conducted.

In order to be included for consideration in the compiling of the 2016 CWA Section 303(d) List, data and information must be received by September 30, 2015. It is not the intent of this cut off date to exclude additional information. Rather the date is necessary in order to provide adequate time to review data and information, complete water quality assessments, receive and respond to public comment on the assessments, compile a draft Section 303(d) List, public notice the List, and submit a List to the United States Environmental Protection Agency (US EPA) by April 1, 2016.

Data submissions should be accompanied by a completed Waterbody Inventory/Priority Waterbodies List (WI/PWL) Assessment Worksheet (PDF) (214.64 KB) which may also be found at: This worksheet allows for the capture of water quality information based on available data, or based on general observation of conditions and/or local knowledge of designated use support/non support of a waterbody absent specific (numeric) monitoring data. Worksheet information can also be obtained by contacting Sarah Rickard at the NYS DEC - Division of Water, Bureau of Watershed Assessment and Management by mail at 625 Broadway, 4th Floor, Albany, NY 12233-3502, or by phone at (518) 402-8179. Completed WI/PWL worksheets, supporting water quality monitoring data, a copy of the corresponding Quality Assurance/Quality Control (QA/QC), QA/QC results summary and a description of measures used in the collection of data should sent to the address above, or forwarded via e-mail to:

Guidance regarding the use of water quality data and information to conduct assessment and make listing decisions is outlined in the New York State Consolidated Assessment and Listing Methodology. These methodologies are available for review and NYS DEC will accept public comment on these documents throughout the 2016 Section 303(d) List development process. Additional information regarding Section 303(d) List development, including the Consolidated Assessment and Listing Methodology can be found on the NYS DEC website at:

For questions regarding the information in this notice please contact: Sarah Rickard, NYS DEC - Division of Water, 625 Broadway, Albany, NY 12233, Phone: (518) 402-8179, E-mail:

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