Department of Environmental Conservation

D E C banner

ENB - Statewide Notices 10/26/2016

Public Notice

Pursuant to the Environmental Conservation Law sections 13-333, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC has filed a Notice of Adoption to amend 6 NYCRR Part 40 pertaining to Atlantic menhaden fishing limits. The Division of Marine Resources (DMR) seeks to adopt an amendment to correct an oversight in Part 40 that fails to include the species Atlantic menhaden in subdivision 40.1(i) Table B - Commercial Fishing. Subdivision (i) is a table that lists specific fish species and their related open seasons, minimum lengths, and trip limits for commercial fishing. Subparagraph 40.1(x)(2)(iii), the regulation that establishes trip limits for Atlantic menhaden, refers to subdivision (i), but menhaden is not currently included in the table. This amendment will add Atlantic menhaden to the list of species in subdivision 40.1(i) Table B-Commercial Fishing and resolve the discrepancy between subparagraph 40.1(x)(2)(iii) and subdivision 40.1(i). This rule making does not change any fishing limits.

This notice will be published in issue 43 of the State Register on October 26, 2016.

For further information, please contact:

Stephen W. Heins
NYS DEC - Division of Marine Resources
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0430
E-mail: steve.heins@dec.ny.gov


Notice of Proposed 2017 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 hereby gives notice of the following:

The New York State Department of Environmental Conservation (NYS DEC) is proposing to establish the 2017 annual harvest limit for surfclams taken by mechanical means from the certified waters of the Atlantic Ocean at 184,558 industry standard bushels which would maintain the level of harvest (total allowable catch) that was established for 2016. NYS DEC completed its most recent 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. As a result the annual harvest limit for 2013 was reduced to 225,000 bushels, which represented 4.33% of the surfclam population biomass. The harvest limit remained at 225,000 bushels through 2015. The harvest limit for 2016 was decreased from 225,000 bushels to 184,558 bushels after considering the most recent surfclam population assessment (survey) data, prior survey data, harvest reports and other biological and statistical information.

Pursuant to the 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 184,558 industry standard bushels represents 3.5 percent of the surfclam population biomass based on the 2012 surfclam survey and 4.3 percent of the estimated biomass based on an extrapolated rate of decline from previous surveys. This level of harvest 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 2017 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 2017 Atlantic Ocean surfclam annual harvest limit will be accepted by mail, email, or fax until close of business Wednesday, November 9, 2016.

Comments and questions should be sent to:

Jennifer O'Dwyer
NYS DEC - Division of Marine Resources
205 North Belle Mead Road, Suite 1
East Setauket, NY 11733
Fax: (631) 444-0496
E-mail: jennifer.odwyer@dec.ny.gov


State Pollutant Discharge Elimination System (SPDES) General Permit For Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4)

Permit No. GP-0-17-002, Updated Sample Local Law For Stormwater Management And Erosion & Sediment Control and Draft Greenwood Lake Watershed Phosphorus TMDL Implementation Plan

The New York State Department of Environmental Conservation (NYS DEC) is making the draft renewal of the SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (GP-0-17-002), Fact Sheet and supporting documents available for public review.

Pursuant to Section 402 of the Clean Water Act, operators of small municipal separate storm sewer systems, located in urbanized areas and those additionally designated by New York State, are unlawful unless they are authorized by a National Pollutant Discharge Elimination System permit or by a state permit program. New York State Pollutant Discharge Elimination System is an NPDES-approved program with permits issued in accordance with the Environmental Conservation Law.

Only those small MS4 operators who develop and implement a stormwater management program (SWMP) and obtain permit coverage in accordance with this SPDES general permit are authorized to discharge stormwater from their small MS4 under this SPDES general permit.

This project is an Unlisted Action under the State Environmental Quality Review Act. A Negative Declaration is on file for SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (GP-0-17-002). A coordinated review was not performed in accordance with 6NYCRR Part 617.6(b)(4).

The NYS DEC is also making two versions of the recently updated Sample Local Law for Stormwater Management and Erosion & Sediment Control (draft dated October 21, 2016) and the Draft Greenwood Lake Watershed Phosphorus TMDL Implementation Plan available for public review and comment. Both documents are referenced in the draft renewal of the MS4 General Permit.

NYS DEC worked with the NYS Department of State through the Community Risk & Resiliency Act (CRRA) Model Law effort to prepare the "Draft Sample Local Law for Stormwater Management and Erosion and Sediment Control, October 21, 2016." This sample law provides updates to reflect the current requirements of the Construction General Permit and proposed draft MS4 renewal. There are two versions of the Draft Sample Local Law. When finalized, the MS4 renewal will require MS4 Operators to adopt the basic version that includes, among other changes, green infrastructure practices as required in the New York State Stormwater Management Design Manual. Although not required, MS4 Operators are encouraged to consider the second version which provides additional resiliency provisions that allow communities to require a more detailed green infrastructure site planning process and consider riparian buffers and other sensitive natural resources.

The NYS DEC has drafted the "Greenwood Lake Watershed Phosphorus TMDL Implementation Plan". The Draft Implementation plan includes strategies to reduce the regulated sources of Phosphorus in New York State and to reduce unregulated sources through voluntary action on the part of Greenwood Lake watershed stakeholders. The Town of Warwick, Village of Greenwood Lake, NYSDOT and Orange County are all stakeholders and regulated MS4 Operators, and are specifically identified as requiring phosphorus reductions.

Copies of the draft MS4 General Permit, Fact Sheet, Sample Local Laws for Stormwater Management and Erosion & Sediment Control, Greenwood Lake Watershed Phosphorus TMDL Implementation Plan and other supporting documents (i.e. forms, maps, etc.) are available on DECs "Public Review Documents" website at: http://www.dec.ny.gov/chemical/41392.html.

Written comments on the draft general permit and other documents referenced above must be submitted to the contact listed below by close of business on December 2, 2016.

Contact: Steve McCague, NYS DEC - Division of Water, 625 Broadway - 4th Floor, Albany, NY 12233-3505; E-mail: Stormwater_info@dec.ny.gov. If submitting comments by e-mail, please include "Comments on the Draft Renewal of the 2017 MS4 GP" in the subject line.


  • Contact for this Page
  • ENB
    NYS DEC
    Division of Environmental Permits
    625 Broadway, 4th Floor
    Albany, NY 12233-1750
    518-402-9167
    Send us an email
  • This Page Covers
  • Page applies to all NYS regions