Fish, Wildlife and Marine Resources Proposed, Emergency and Recently Adopted Regulations
Proposed Regulations
How to Comment on Proposed Fish, Wildlife and Marine Resources Regulations
Part 40, Section 40.1 - Marine Fish - Open Seasons, Size and Catch Limits (Summer Flounder Fluke, Scup 'Porgy', Black Sea Bass)
This rulemaking is necessary to maximize recreational angler opportunities for popular finfish species while staying in compliance with the ASMFC and MAFMC.
- Text of Proposed Regulation - Underlines contained in the text of the express terms denote new material. Brackets [ ] indicate material to be deleted.
- Regulatory Impact Statement
Comments will be accepted from May 15, 2013 through July 28, 2013.
Send comments to:
Stephen Heins
NYSDEC
205 North Belle Mead Road, Suite 1
East Setauket, NY 11733
or e-mail comments to: Proposed Rulemaking Part 40 - Marine Fish - Open Seasons, Size and Catch Limits (Summer Flounder 'Fluke, Scup 'Porgy', Black Sea Bass)
Part 173 - Falconry Regulations
This rulemaking is necessary to implement changes to New York State's falconry regulations.
- Text of Proposed Regulation - Underlines contained in the text of the express terms denote new material. Brackets [ ] indicate material to be deleted.
- Regulatory Impact Statement
Comments will be accepted from March 20, 2013 through May 6, 2013.
Send comments to:
Joseph Therrien
NYSDEC
625 Broadway
Albany, NY 12233-4752
or e-mail comments to: Proposed Rulemaking Part 73 - Falconry Regulations
Part 180, Section 180.9 - Miscellaneous Regulations (Bighead Carp)
This rulemaking is necessary to repeal the current exemption for the sale of bighead carp.
- Text of Proposed Regulation - Underlines contained in the text of the express terms denote new material. Brackets [ ] indicate material to be deleted.
- Regulatory Impact Statement
Comments will be accepted from March 6, 2013 through April 22, 2013.
Send comments to:
Shaun Keeler
NYSDEC
625 Broadway
Albany, NY 12233
or e-mail comments to: Proposed Rulemaking Part 180, Section 180.9 - Miscellaneous Regulations (Bighead Carp)
Emergency Regulations
Part 40, Section 40.1 - Marine Fish - Open Seasons, Size and Catch Limits (Summer Flounder Fluke, Scup 'Porgy', Black Sea Bass)
This rulemaking is necessary to maximize recreational angler opportunities for popular finfish species while staying in compliance with the ASMFC and MAFMC.
- Text of Emergency Adoption Regulation - Underlines contained in the text of the express terms denote new material. Brackets [ ] indicate material to be deleted.
- Regulatory Impact Statement
Emergency Adoption on April 29, 2013. Effective: April 29, 2013 through July 27, 2013.
Expired Emergency Regulations
Part 2, Section 2.30 - Migratory Game Birds (Snow Goose)
This rulemaking was necessary to revise regulations governing hunting of Snow Geese in New York.
- Text of Emergency Regulation (Expired) - Underlines contained in the text of the express terms denote new material. Brackets [ ] indicate material to be deleted.
Emergency Regulation Expired: April 22, 2013.
Part 40, Section 40.1 - Marine Fish - Open Seasons, Size and Catch Limits (Black Sea Bass)
This rulemaking was necessary to delay the closing of the recreational black sea bass season, extending the season 59 days and to reduce the minimum size.
- Text of Emergency Regulation (Expired) - Underlines contained in the text of the express terms denote new material. Brackets [ ] indicate material to be deleted.
Emergency Regulation Expired: March 24, 2013.
Part 10, Section 10.2 - Sportfishing Regulations - Boundary Water Fishing Regulations (Salmon River)
This rulemaking was necessary to prevent salmon mortality due to drought conditions and to improve returns to the Salmon River Hatchery to meet egg quota.
- Text of Emergency Regulation (Expired) - Underlines contained in the text of the express terms denote new material. Brackets [ ] indicate material to be deleted.
Emergency Regulation Expired: December 12, 2012.
Recently Adopted Regulations
Parts 1 and 4 - Single Species and Species Management Areas (White-tailed Deer and Black Bear)
This rulemaking was necessary to implement strategies of the recently adopted Management Plan for White-tailed Deer in New York State.
- Text of Adopted Regulation - Underlines contained in the text of the express terms denote new material. Brackets [ ] indicate material to be deleted.
- Assessment of Public Comment - DEC assessment of public input on amendments to 6NYCRR Part 1 Single Species (various sections on Hunting Deer and Bear) and Section 4.1 (Wildlife Management Unit descriptions).
Adopted on July 11, 2012. Effective: July 11, 2012.
Parts 42, 48 and 49 - Sanitary Control Over Shellfish; Marine Hatcheries, On-Bottom and Off-Bottom Culture of Marine Plant and Animal Life; and Shellfish Management
This rulemaking was necessary to authorize the sale and shipment of cultivated bay scallops and oysters of less than legal size for consumption and resale.
- Text of Adopted Regulation - Underlines contained in the text of the express terms denote new material. Brackets [ ] indicate material to be deleted.
Adopted on July 25, 2012. Effective: July 25, 2012.
Part 40 - Marine Fish (Summer Flounder 'Fluke', Scup, Black Sea Bass)
This rulemaking was necessary to maximize recreational angler opportunities for popular finfish species while staying in compliance with the ASMFC and MAFMC.
- Text of Adopted Regulation - Underlines contained in the text of the express terms denote new material. Brackets [ ] indicate material to be deleted.
Adopted on August 1, 2012. Effective: August 1, 2012.
Parts 10 and 35 - Sportfishing Regulations
This rulemaking was necessary to revise sportfishing regulations and associated activities including snakeheads caught by angling and commercial bait collection.
- Text of Adopted Regulation - Underlines contained in the text of the express terms denote new material. Brackets [ ] indicate material to be deleted.
Adopted on August 1, 2012. Effective: October 1, 2012.
Part 41 - Sanitary Condition of Shellfish Lands
This rulemaking was necessary to reclassify underwater lands to prohibit the harvest of shellfish. These areas include portions of the following areas: Cutchogue Harbor (Town of Southold), Bellport Bay, Port Jefferson Harbor (Town of Brookhaven), Northwest Harbor (Town of East Hampton), North Sea Harbor and Davis Creek (Town of Southampton), South Oyster Bay (Town of Oyster Bay), Western Long Island Sound (Towns of North Hempstead and Oyster Bay) and Cold Spring Harbor (Towns of Oyster Bay and Huntington). Portions of these areas do not meet the bacteriological water quality standards for a certified shellfish land.
- Text of Adopted Regulation - Underlines contained in the text of the express terms denote new material. Brackets [ ] indicate material to be deleted.
Adoption on August 8, 2012. Effective: August 8, 2012.
Part 40 - Marine Fish (Tautog)
This rulemaking was necessary for New York State to remain in compliance with the Atlantic State Marine Fisheries Commission's fishery management plan for tautog, to reduce fishing effort and allow the tautog stock to recover, and to allow New York State recreational anglers and commercial fishermen to utilize a valuable marine resource.
- Text of Adopted Regulation - Underlines contained in the text of the express terms denote new material. Brackets [ ] indicate material to be deleted.
Adopted on August 15, 2012. Effective: August 15, 2012.
Parts 10, 11, 18, 19, 35, 36, and 40 - Sportfishing Regulations; More Than One Species; Taking Bait; Use of Bait, Fish for Bait, and Bait Fish; Licenses; Gear and Operation of Gear; and Marine Fish
This rulemaking was necessary to restrict the current fishery in the Hudson River and all its tributaries and to close the fisheries in all other waters of New York State that have anadromous runs of river herring. These include the Delaware River, all streams in the Bronx, Kings, Manhattan, Nassau, Richmond, Suffolk, and Queens Counties, and Westchester County streams that empty into the East River or Long Island Sound.
- Text of Adopted Regulation - Underlines contained in the text of the express terms denote new material. Brackets [ ] indicate material to be deleted.
Adopted on September 5, 2012. Effective: September 5, 2012.
Part 44, Sections 44.1 and 44.7 - Lobsters and Crabs
This rulemaking was necessary to implement ASMFC American Lobster Fishery Management Plan Addendum XVII and remain in compliance with ASMFC.
- Text of Adopted Regulation - Underlines contained in the text of the express terms denote new material. Brackets [ ] indicate material to be deleted.
Adopted on November 21, 2012. Effective: November 21, 2012.
Revised Part 155, Section 155.1 - Transporting Black Bass Raised in Private Hatcheries
This revised proposed rulemaking was necessary to expand the sale of black bass for human consumption purposes.
- Text of Adopted Regulation - Underlines contained in the text of the express terms denote new material. Brackets [ ] indicate material to be deleted.
Adopted on January 2, 2013. Effective: January 2, 2013.
Part 189 - Chronic Wasting Disease
This rulemaking was necessary to prevent importation of chronic wasting disease infectious material from the State of Pennsylvania into New York.
- Text of Adopted Regulation - Underlines contained in the text of the express terms denote new material. Brackets [ ] indicate material to be deleted.
Adopted on January 30, 2013. Effective: January 30, 2013.
Part 2, Section 2.20, Part 6, Sections 6.2 and 6.4 - More Than One Species (Bobcat)
This rulemaking was necessary to make existing bobcat hunting and trapping seasons uniform and to establish new bobcat hunting and trapping season in the southern tier.
- Text of Adopted Regulation - Underlines contained in the text of the express terms denote new material. Brackets [ ] indicate material to be deleted.
- Assessment of Public Comment - DEC assessment of public input on amendments to 6NYCRR Part 2, Section 2.20, Part 6, Sections 6.2 and 6.4 - More Than One Species (Bobcat)
Adopted on June 12, 2013. Effective: June 12, 2013.
Part 2, Section 2.30 - Migratory Game Birds (Snow Goose)
This rulemaking was necessary to revise regulations governing hunting of Snow Geese in New York.
- Text of Adopted Regulation - Underlines contained in the text of the express terms denote new material. Brackets [ ] indicate material to be deleted.
Adopted on June 12, 2013. Effective: June 12, 2013.
Part 44 - Lobsters and Crabs
This rulemaking was necessary to implement ASMFC American Lobster Fishery Management Plan Addendum XVII and remain in compliance with ASMFC.
- Text of Adopted Regulation - Underlines contained in the text of the express terms denote new material. Brackets [ ] indicate material to be deleted.
Adopted on June 12, 2013. Effective: June 12, 2013.
More about Fish, Wildlife and Marine Resources Proposed, Emergency and Recently Adopted Regulations :
- How to Comment on Fish, Wildlife and Marine Resources Proposed Regulations - Help in interpreting and commenting on proposed changes to existing and new Fish, Wildlife and Marine Resources regulations.
- Parts 1 and 4 - Single Species and Species Management Areas (White-tailed Deer and Black Bear) - Express Terms Adopted July 11, 2012 - 6NYCRR Parts 1 and 4, Single Species and Species Management Areas (White-tailed Deer and Black Bear) - Express Terms - Adopted July 11, 2012.
- Part 2, Section 2.20 and Part 6, Sections 6.2 and 6.4 - More Than One Species (Bobcat) Express Terms Adopted June 12, 2013 - 6NYCRR Part 2, Section 2.20 and Part 6, Sections 6.2 and 6.4 - More Than One Species (Bobcat)- Express Terms - Adopted June 12, 2013.
- Part 2, Section 2.30 - Migratory Game Birds - Express Terms (Snow Goose) Adopted June 12, 2013 - 6NYCRR Part 2, Section 30 Migratory Game Birds - Express Terms (Snow Goose) - Adopted June 12, 2013.
- Part 10, Section 10.2 - Sportfishing Regulations - Express Terms Expired December 12, 2012 - Emergency Adopted Rule for 6NYCRR Part 10, Section 10.2, Sportfishing Regulations - Boundary Water Fishing Regulations - Express Terms (Salmon River) - Expired December 12, 2012.
- Parts 10, 11, 18, 19, 35, 36, and 40 - Sportfishing Regulations; More Than One Species; Taking Bait; Use of Bait, Fish for Bait, and Bait Fish; Licenses; Gear and Operation of Gear; and Marine Fish - Express Terms Adopted September 5, 2012 - Parts 10, 11, 18, 19, 35, 36, and 40 - Sportfishing Regulations; More Than One Species; Taking Bait; Use of Bait, Fish for Bait, and Bait Fish; Licenses; Gear and Operation of Gear; and Marine Fish - Express Terms - Adopted September 5, 2012.
- Parts 10 and 35, Sportfishing Regulations and Licenses - Express Terms Adopted August 1, 2012 - 6NYCRR Parts 10 and 35, Sportfishing Regulations and Licenses - Express Terms - Adopted August 1, 2012.
- Part 40, Section 40.1 - Marine Fish - Open Seasons, Size and Catch Limits - Express Terms (Summer Flounder 'Fluke', Scup 'Porgy', Black Sea Bass) - Emergency Adopted Rule and Proposed Rule Making for 6NYCRR Part 40, Section 40.1 - Marine Fish - Open Seasons, Size and Catch Limits - Express Terms (Summer Flounder 'Fluke', Scup 'Porgy', Black Sea Bass).
- Part 40, Section 40.1 - Marine Fish - Open Seasons, Size and Catch Limits - Regulatory Impact Statement (Summer Flounder 'Fluke', Scup 'Porgy', Black Sea Bass) - Emergency Adopted Rule and Proposed Rule Making for 6NYCRR Part 40, Section 40.1 - Marine Fish - Open Seasons, Size and Catch Limits - Regulatory Impact Statement (Summer Flounder 'Fluke', Scup 'Porgy', Black Sea Bass).
- Part 40, Section 40.1 - Marine Fish - Open Seasons, Size and Catch Limits (Black Sea Bass) - Express Terms Expired March 24, 2013. - Emergency Adopted Rule for 6NYCRR Part 40, Marine Fish - Open Seasons, Size and Catch Limits (Black Sea Bass) - Express Terms.
- Part 40, Marine Fish - Express Terms (Summer Flounder 'Fluke', Scup, Black Sea Bass) Adopted August 1, 2012 - 6NYCRR Part 40, Marine Fish - Open Seasons, Size and Catch Limits - Express Terms (Summer Flounder 'Fluke', Scup, Black Sea Bass) - Adopted August 1, 2012.
- Part 40, Marine Fish - Express Terms (Tautog) Adopted August 15, 2012 - 6NYCRR Part 40, Marine Fish - Express Terms (Tautog) - Adopted August 15, 2012.
- Part 41, Sanitary Condition of Shellfish Lands - Express Terms Adopted August 8, 2012 - 6NYCRR Part 41, Sanitary Condition of Shellfish Lands - Express Terms - Adopted August 8, 2012.
- Parts 42, 48 and 49 - Sanitary Control Over Shellfish; Marine Hatcheries, On-Bottom and Off-Bottom Culture of Marine Plant and Animal Life; and Shellfish Management - Express Terms Adopted July 25, 2012 - 6NYCRR Parts 42, 48 and 49 - Sanitary Control Over Shellfish; Marine Hatcheries, On-Bottom and Off-Bottom Culture of Marine Plant and Animal Life; and Shellfish Management - Express Terms - Adopted July 25, 2012.
- Part 44 - Lobsters and Crabs - Express Terms Adopted June 12, 2013 - 6NYCRR Part 44, Lobsters and Crabs - Express Terms - Adopted June 12, 2013.
- Part 44, Sections 44.1 and 44.7 - Lobsters and Crabs - Express Terms Adopted November 21, 2012 - 6NYCRR Part 44, Sections 44.1 and 44.7 Lobsters and Crabs - Express Terms - Adopted November 21, 2012.
- Part 155, Section 155.1 - Transporting Black Bass Raised in Private Hatcheries - Revised Express Terms Adopted January 2, 2013 - 6NYCRR Part 155, Section 155.1 - Transporting Black Bass Raised in Private Hatcheries - Express Terms - Adopted January 2, 2013.
- Part 173 - Falconry - Express Terms - Proposed Rule Making for 6NYCRR Part 173 - Falconry Regulations - Express Terms.
- Part 173 - Falconry - Regulatory Impact Statement - Proposed Rule Making for 6NYCRR Part 173 - Falconry Regulations - Regulatory Impact Statement.
- Part 180, Section 180.9 - Miscellaneous Regulations (Bighead Carp) - Express Terms - Proposed Rule Making for 6NYCRR Part 180, Section 180.9 - Miscellaneous Regulations (Bighead Carp) - Express Terms.
- Part 180, Section 180.9 - Miscellaneous Regulations (Bighead Carp) - Regulatory Impact Statement - Proposed Rule Making for 6NYCRR Part 180, Section 180.9 - Miscellaneous Regulations (Bighead Carp) - Regulatory Impact Statement.
- Part 189 - Chronic Wasting Disease - Express Terms Adopted January 30, 2013 - 6NYCRR Part 189, Chronic Wasting Disease - Express Terms - Adopted January 30, 2013.





