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Marine Resources Proposed, Emergency and Recently Adopted Regulations

Proposed Regulations

State residents, stakeholders, and regulated parties have the opportunity to comment on proposed regulations. Information on how to comment on proposed fish and wildlife regulations is available online.

6 NYCRR Part 44 - Jonah Crab

This rulemaking is necessary to implement the required measures of the Atlantic States Marine Fisheries Commission Jonah Crab Fishery Management Plan.

  • Text of Rule - Underlined wording found in the text of the express terms is material to be added to the regulations. Wording found within brackets [ ] is material to be deleted.
  • Regulatory Impact Statement

This notice was published in issue 48 of the State Register, dated November 28, 2018.

Comments will be accepted from November 28, 2018 through January 28, 2019.

Send comments to:

Kim McKown
NYSDEC - Division of Marine Resources
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733
Phone: 631-444-0454
Email: FW.marine@dec.ny.gov Please insert "Jonah Crab" in the subject line.

Emergency Regulations

No emergency regulations at this time.

Recently Adopted Regulations

6 NYCRR Part 41 - Sanitary Condition of Shellfish Lands

This rulemaking is necessary to prevent the harvest of shellfish from areas that do not meet water quality standard and protect the public health. This rulemaking also increases opportunities for shellfish harvest from areas whose water quality now meets the standards.

  • Text of Proposed Regulation - Underlined wording found in the text of the express terms is material to be added to the regulations. Wording found within brackets [ ] is material to be deleted.

Adopted on November 14, 2018. Effective on November 14, 2018.

6 NYCRR Part 40 - Black Sea Bass

This rulemaking is in response to changes required by the Atlantic States Marine Fisheries Commission's Fishery Management Plan for Black Sea Bass. This notice was notice was adopted by emergency regulation and went into effect on June 20, 2018. Please see Emergency Regulations below.

  • Text of Regulation - Underlined wording found in the text of the express terms is material to be added to the regulations. Wording found within brackets [ ] is the material to be deleted.

Adopted on November 14, 2018. Effective on June 20, 2018.

6 NYCRR Part 44 - Lobster

This rule making is necessary to reduce the economic burden on New York State licensed lobster harvesters who are unable to take lobsters for four months each year due to the closed seasons in Lobster Management Areas (LMA) 4 and 6. Current regulations prevent lobster permit holders who have lobster trap allocations in both LMAs 4 and 6 from fishing when either areas is closed. The closures in LMAs 4 and 6 total four months each year, causing a significant economic hardship for local lobster harvesters. Additionally, New York State lobster permit holders who have trap allocations in LMAs 4 and 6 are subject to more restrictive regulations than those who hold permits in other LMAs that are off other states. Therefore, the protection of the general welfare compels the department to repeal this rule to expand fishing opportunities and ensure the equitable treatment of New York State lobster permit holders.

  • Text of Regulation- Underlined wording found in the text of the express terms is material to be added to the regulations. Wording found within brackets [ ] is material to be deleted.

Adopted on September 5, 2018. Effective on April 26, 2018.

6 NYCRR Part 40 - Tautog

This rulemaking was necessary to satisfy the latest reduction in the harvest of tautog as required by the Atlantic States Marine Fisheries Commission.

Text of Regulation - Underlined wording found in the text of the express terms is material to be added to the regulations. Wording found within brackets [ ] is material to be deleted.

Adopted on August 22, 2018. Effective on March 30, 2018.

6 NYCRR Part 40 - Summer Flounder and Scup

This rulemaking is necessary to make New York's scup and summer flounder regulations less restrictive and is in compliance with the Atlantic State Marine Fisheries Commission and the Mid-Atlantic Fisheries Management Council.

Text of Regulation - Underlined wording found in the text of the express terms is material to be added to the regulations. Wording found within brackets [ ] is material to be deleted.

Adopted on August 22, 2018. Effective on March 30, 2018.

6 NYCRR Part 43 - Non-Atlantic Surfclam

This rule making was necessary to modify the permit requirements for the surfclam fishery in New York State waters outside the Atlantic Ocean. The rule making was filed as a consensus rule making; DEC seeks to reduce the paperwork burden on permit holders and streamline the permitting process.

Text of Regulation - Underlined wording found in the text of the express terms is material to be added to the regulations. Wording found within brackets [ ] is the material to be deleted.

Adopted on May 2, 2018. Effective on May 2, 2018.

6 NYCRR Part 49 - Bay Scallops

This rule making is necessary to clarify the current size limit provisions in regulation for taking of bay scallops. This proposal will amend Section 49.1 to clarify the legal-size limit in regulation for the taking of bay scallops which requires that only those scallops measuring no less than 2 ¼ inches from the middle of the hinge to the middle of the bill and having an annual growth line may be taken. This regulation is needed to eliminate any confusion for commercial and recreational shellfish harvesters. This proposed consensus regulation will not change the size limit for the taking of bay scallops but will only provide clearer language to make it consistent with the legal-size limit established by law in 2005. This rule making ensures adequate protection of juvenile bay scallops to allow them to spawn at least once prior to harvest which is needed to support a sustainable bay scallop population and fishery.

  • Text of Regulation - Underlined wording found in the text of the express terms is material to be added to the regulations. Wording found within brackets [ ] is the material to be deleted.

Adopted on April 25, 2018. Effective on April 25, 2018.

6 NYCRR Parts 44, 50 - Whelk and Crab

This rule making is necessary to promote prudent management strategies for crabs, horseshoe crabs and whelk.

  • Text of Regulation - Underlined wording found in the text of the express terms is material to be added to the regulations. Wording found within brackets [ ] is the material to be deleted.

Adopted on March 28, 2018. Effective on March 28, 2018.

More about Marine Resources Proposed, Emergency and Recently Adopted Regulations:

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    205 N Belle Mead Rd, Suite 1
    East Setauket, NY 11733
    631-444-0430
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