Fish, Wildlife and Marine Resources Proposed, Emergency and Recently Adopted Regulations

Proposed Regulations

Part 40 - Marine Fish (Tautog)

This rulemaking is necessary to reduce harvest of tautog in order to remain in compliance with the ASMFC and allow for the overfished stock to recover.

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
How to Comment on Proposed Fish, Wildlife and Marine Resources Regulations

Comments will be accepted from January 18, 2012 through March 5, 2012.

Send comments to:
Stephen W. Heins
NYSDEC
205 N Belle Meade Rd, Suite 1
East Setauket, NY 11733

or e-mail comments to: Proposed Rulemaking Part 40 - Marine Fish (Tautog)

Part 41 - Sanitary Condition of Shellfish Lands

This rulemaking is necessary to reclassify underwater lands to prohibit the harvest of shellfish.

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
How to Comment on Proposed Fish, Wildlife and Marine Resources Regulations

Comments will be accepted from November 30, 2011 through January 14, 2012.

Send comments to:
Gina Fanelli
NYSDEC
205 N Belle Meade Rd, Suite 1
East Setauket, NY 11733

or e-mail comments to: Proposed Rulemaking Part 41 - Sanitary Condition of Shellfish Lands

Emergency Regulations

Part 40 - Marine Fish (Tautog)

This rulemaking is necessary to reduce harvest of tautog in order to remain in compliance with the ASMFC and allow for the overfished stock to recover.

Text of Emergency Adopted 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 December 30, 2011. Effective: December 30, 2011.

Part 41 - Sanitary Condition of Shellfish Lands

This rulemaking is necessary to reclassify underwater lands to prohibit the harvest of shellfish.

Text of Emergency Adopted 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 November 9, 2011. Effective: November 9, 2011.

Recently Adopted Regulations

Part 41 - Sanitary Condition of Shellfish Lands (Hempstead Bay, Nicoll Bay, Three Mile Harbor, Hog Creek, West Creek)

This rulemaking was necessary to reclassify underwater lands to prohibit the harvest of shellfish.

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 19, 2011. Effective: January 19, 2011.

Part 1, Section 1.40 - Hunting Wild Turkey

This rulemaking was necessary to establish a spring youth turkey hunting season on Long Island that coincides with the youth turkey hunt in upstate NY.

Text of Adopted Regulation - Underlines contained in the text of the express terms denote new material. Brackets [ ] indicate material to be deleted.

Adopted on: February 16, 2011. Effective: February 16, 2011.

Part 41 - Sanitary Condition of Shellfish Lands (Towns of Southold, Southampton, Riverhead, Brookhaven and Oyster Bay)

This rulemaking was necessary to reclassify shellfish lands to allow the harvest of shellfish during all or part of the year.

Text of Adopted Regulation - Underlines contained in the text of the express terms denote new material. Brackets [ ] indicate material to be deleted.

Adopted on: March 16, 2011. Effective: March 16, 2011.

Part 41 - Sanitary Condition of Shellfish Lands (Towns of North Hempstead and Oyster Bay)

This rulemaking was necessary to reclassify shellfish lands to allow the harvest of shellfish throughout the year.

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 1, 2011. Effective: June 1, 2011.

Parts 10, 19, 35, and 188 - Sportfishing Regulations; Use of Bait, Fish for Bait, and Bait Fish; Licenses; and Fish Health Inspection Requirements

This rulemaking was necessary to provide some allowances for the transportation of uncertified bait fish by anglers, and adjust the baitfish "green" list.

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 29, 2011. Effective: June 29, 2011.

Part 40 - Marine Fish (Summer Flounder or Fluke)

This rulemaking was necessary to maximize recreational angler opportunities for summer flounder 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 July 27, 2011. Effective: July 27, 2011.

Part 1, Section 1.31 - Hunting Black Bear

This rulemaking was necessary to expand the areas open for bear hunting and establish a uniform bear hunting season in New York's Southern Zone.

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 3, 2011. Effective: August 3, 2011.

Part 40 - Marine Fish (Black Sea Bass)

This rulemaking was necessary to remain in compliance with the Interstate Fishery Management Plan (FMP) for black sea bass as adopted by the Atlantic States Marine Fisheries Commission (ASMFC), which allows recreational anglers to achieve the harvest level provided by the 2011 quota, yet prevent anglers from exceeding the assigned black sea bass quota.

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 10, 2011. Effective: August 10, 2011.

Part 50, Section 50.1 - Miscellaneous Marine Species (Whelk, Conch)

This rulemaking was necessary to adopt a new 6 NYCRR Part 50, Section 50.1 Miscellaneous Marine Species, to establish the Commissioner's authority to halt the harvesting of carnivorous gastropods in areas where elevated levels of marine biotoxins have been detected in shellfish.

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 17, 2011. Effective: August 17, 2011.

Part 2, Sections 2.3 and 2.4 - More Than One Species and Part 170, Section 170.6 - Miscellaneous Licenses (Hunting with Crossbows)

This rulemaking was necessary to authorize use of a crossbow during certain big game hunting seasons, and to eliminate the modified archer permit.

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 24, 2011. Effective: August 24, 2011.

Part 40 - Marine Fish and Part 44 - Lobsters and Crabs

This rulemaking was necessary to update the reporting requirements for commercial fishermen, party/charter vessel businesses and food fish & crustacea dealers.

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 24, 2011. Effective: August 24, 2011.

Part 2, Sections 2.25 - Hunting Upland Game Birds (Youth Pheasant Hunting

This rulemaking was necessary to establish a youth pheasant hunting season on Long Island prior to the start of the regular pheasant season.

Text of Adopted Regulation - Underlines contained in the text of the express terms denote new material. Brackets [ ] indicate material to be deleted.

Adopted on October 26, 2011. Effective: October 26, 2011.

Part 189, Sections 189.3 and 189.7 - Chronic Wasting Disease

This rulemaking amendment was necessary to prevent importation of chronic wasting disease infectious material from the State of Maryland 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 11, 2012. Effective: January 11, 2012.

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.
Part 1, Section 1.31 - Hunting Black Bear - Express Terms Adopted August 3, 2011 - Adopted Rule for 6NYCRR Part 1, Section 1.31 - Hunting Black Bear - Express Terms Adopted August 3, 2011.
Part 1, Section 1.40 - Hunting Wild Turkey - Express Terms Adopted February 16, 2011 - Adopted Rule for 6NYCRR Parts 1, Section 1.40, Hunting Wild Turkey - Express Terms Adopted February 16, 2011.
Part 2, Section 2.25 Hunting Upland Game Birds - Express Terms (Youth Pheasant Hunting) Adopted October 26, 2011 - Adopted Rule for 6NYCRR Part 2, Section 2.25 Hunting Upland Game Birds - Express Terms (Youth Pheasant Hunting)Adopted October 26, 2011.
Part 2, Sections 2.3 and 2.4 - More Than One Species and Part 170, Section 170.6 - Miscellaneous Licenses - Express Terms (Hunting with Crossbows) Adopted August 24, 2011 - Adopted Rule for 6NYCRR Part 2, Sections 2.3 and 2.4 - More Than One Species, and Part 170, Section 170.6 - Miscellaneous Licenses - Express Terms (Hunting with Crossbows) Adopted August 24, 2011.
Parts 10, 19, 35 and 188 - Sportfishing Regulations; Use of Bait, Fish for Bait, and Bait Fish; Licenses; and Fish Health Inspection Requirements - Express Terms Adopted June 29, 2011 - Adopted Rule Making for 6NYCRR Parts 10, 19, 35 and 188, Sportfishing Regulations; Use of Bait, Fish for Bait, and Bait Fish; Licenses; and Fish Health Inspection Requirements - Express Terms Adopted June 29, 2011.
Part 40, Marine Fish - Express Terms (Tautog) - Emergency Adoption for 6NYCRR Part 40, Marine Fish - Express Terms (Tautog).
Part 40, Marine Fish - Regulatory Impact Statement (Tautog) - Emergency Adoption for 6NYCRR Part 40, Marine Fish - Regulatory Impact Statement (Tautog).
Part 40, Marine Fish - Express Terms (Black Sea Bass) Adopted August 10, 2011 - Adopted Rule for 6NYCRR Part 40, Marine Fish - Open Seasons, Size and Catch Limits - Express Terms (Black Sea Bass) Adopted August 10. 2011.
Part 40, Marine Fish - Express Terms (Summer Flounder or Fluke) Adopted July 27, 2011 - Adopted Rule for 6NYCRR Part 40, Marine Fish - Open Seasons, Size and Catch Limits - Express Terms (Summer Flounder or Fluke) Adopted July 27, 2011.
Part 40, Marine Fish and Part 44, Lobsters and Crabs - Express Terms Adopted August 24, 2011 - Adopted Rule for 6NYCRR Part 40, Marine Fish and Part 44, Lobsters and Crabs - Express Terms Adopted August 24, 2011.
Part 41, Sanitary Condition of Shellfish Lands - Express Terms - Emergency Adopted Rule for 6NYCRR Part 41, Sanitary Condition of Shellfish Lands - Express Terms.
Part 41, Sanitary Condition of Shellfish Lands - Regulatory Impact Statement - Emergency Adopted Rule for 6NYCRR Part 41, Sanitary Condition of Shellfish Lands - Regulatory Impact Statement.
Part 41, Sanitary Condition of Shellfish Lands (Towns of North Hempstead and Oyster Bay) - Express Terms Adopted June 1, 2011 - Adopted Rule for 6NYCRR Part 41, Sanitary Condition of Shellfish Lands (Towns of North Hempstead and Oyster Bay) - Express Terms Adopted June 1, 2011.
Part 41, Sanitary Condition of Shellfish Lands (Towns of Southold, Southampton, Riverhead, Brookhaven and Oyster Bay) - Express Terms Adopted March 16, 2011 - Adopted Rule for 6NYCRR Part 41, Sanitary Condition of Shellfish Lands (Towns of Southold, Southampton, Riverhead, Brookhaven and Oyster Bay) - Express Terms Adopted March 16, 2011.
Part 41 - Sanitary Condition of Shellfish Lands (Hempstead Bay, Nicoll Bay, Three Mile Harbor, Hog Creek, West Creek) - Express Terms Adopted January 19, 2011 - Adopted Rule for 6NYCRR Part 41, Sanitary Condition of Shellfish Lands (Hempstead Bay, Nicoll Bay, Three Mile Harbor, Hog Creek, West Creek) - Express Terms Adopted January 19, 2011.
Part 50, Section 50.1 - Miscellaneous Marine Species - Express Terms (Whelk, Conch) Adopted August 17, 2011 - Adopted Rule for 6NYCRR Part 50, Section 50.1 Miscellaneous Marine Regulations (Whelk, Conch) - Express Terms Adopted August 17, 2011.
Part 189, Sections 189.3 and 189.7 - Chronic Wasting Disease - Express Terms Adopted January 11, 2012 - Adopted Rule for 6NYCRR Part 189, Sections 189.3 and 189.7, Chronic Wasting Disease Prohibitions - Express Terms Adopted January 11, 2012.