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Part 40 Striped Bass RIS

Regulatory Impact Statement

  1. Statutory authority:
    Environmental Conservation Law ("ECL") section 13-0105 stipulates that the management of the state's anadromous species, such as striped bass, shall be consistent with interstate or state-federal fishery management plans ("FMP"). ECL sections 11-0303 and 13-0339 authorizes the Department of Environmental Conservation ("DEC") to establish by regulation measures for the management of striped bass, including size limits, catch and possession limits, open and closed seasons, closed areas, restrictions on the manner of taking and landing, and other management measures. ECL section 13-0347 establishes additional provisions for striped bass management in the Marine District.
    Regulations adopted by DEC must be consistent with the requirements of applicable fishery management plans adopted by the Atlantic States Marine Fisheries Commission and with applicable provisions of FMPs adopted pursuant to the Atlantic Coastal Fisheries Cooperative Management Act.
    Amending 6 NYCRR Part 40 to open the striped bass fishing season on May 15 (two weeks earlier than it currently opens) is within DEC's authority to regulate the fishery.
  2. Legislative objectives:
    It is the objective of the above-cited legislation that DEC manages marine fisheries in such a way as to protect this natural resource for its intrinsic value to the marine ecosystem and to optimize resource use for commercial and recreational harvesters while remaining compliant with marine fisheries conservation and management policies and interstate fishery management plans.
    Amending 6 NYCRR Part 40 to open the striped bass fishing season on May 15 (two weeks earlier than it currently opens) would offer harvesters the opportunity to catch more fish and fulfill the quota that has been set with the protection of the natural resource for its intrinsic value in mind. Doing so will optimize resource use for harvesters.
  3. Needs and benefits:
    The proposal will open the commercial striped bass season two weeks earlier and require commercial striped bass harvesters to renew their permits two weeks earlier. The earlier opening of the commercial striped bass harvest season will provide increased opportunities for harvesters to catch striped bass when they are in the bays. The commercial quota would remain as specified in the Atlantic States Marine Fisheries Commission ("ASMFC") Fishery Management Plan ("FMP"). The FMP and management measures are designed to promote the long-term sustainability of managed marine species, preserve the States' marine resources, and protect the interests of both commercial and recreational fishermen. All member states must promulgate any regulations necessary to implement the provisions of the FMPs and remain compliant with the FMPs.
  4. Costs:
    The proposed rule does not impose any costs to DEC, local municipalities, or the regulated public.
  5. Local government mandates: The proposed rule does not impose any mandates on local government.
  6. Paperwork: None.
  7. Duplication: The proposed amendment does not duplicate any state or federal requirement.
  8. Alternatives:
    The "No Acton" alternative would mean that New York would not open the commercial striped bass season two weeks earlier and not require commercial striped bass harvesters to renew their permits two weeks earlier. This would deny commercial harvesters increased opportunities to harvest striped bass when the fish are in the bays, and also deny them increased chances of harvesting their yearly quota. This has been rejected because commercial harvesters have been unable to fulfill the quota in 9 of the past 10 years.
  9. Federal standards: The amendment to 6 NYCRR Part 40 is in compliance with the most recently adopted Addendum (Addendum IV to Amendment 6) of the ASMFC FMP for Atlantic Striped Bass.
  10. Compliance schedule:
    Regulated parties will be notified by mail, through appropriate news releases and via DEC's website of the changes to the regulations. Compliance with the proposed regulations is required upon the effective date of the rule.