D E C banner
D E C banner

Disclaimer

The New York State Department of Environmental Conservation has added a link to a translation service developed by Microsoft Inc., entitled Bing Translator, as a convenience to visitors to the DEC website who speak languages other than English.

Additional information can be found at DEC's Language Assistance Page.

Regulatory Agenda

DEC January 2015 Regulatory Agenda and 5-Year Rule Review

Introduction

Each year, pursuant to SAPA, the department publishes a Regulatory Agenda and 5 Year Review of Rules in the State Register and on its website. This is a listing of the regulations that may be proposed for adoption or amendment within that calendar year, and a review of department rules adopted 5 years previous.

Division of Air Resources

6 NYCRR Part 200, General Provisions. Part 200 is being revised, and is on the Department's 2014 regulatory agenda and will carry into 2015. Part 200 will be amended to incorporate the national emission standards for hazardous air pollutants (NESHAPS) adopted by the US EPA. This rulemaking will not require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact (NESHAPS): Steve Yarrington, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: Air.Regs@dec.ny.gov . Please include the Part number when emailing.

6 NYCRR Part 201, Permits and Registrations. Part 201 will be amended to make certain minor wording changes, correct typographical errors, and other minor corrections to ensure consistent implementation across regions. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Mark Lanzafame, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: Air.Regs@dec.ny.gov . Please include the Part number when e-mailing.

6 NYCRR Part 205. Architectural and Industrial Maintenance (AIM) Coatings. The existing regulation will be revised to include additional and more restrictive volatile organic compound (VOC) limits. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Ona Papageorgiou, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: Air.Regs@dec.ny.gov . Please include the Part number when emailing.

6 NYCRR Part 212, General Process Emission Sources. The existing regulation will be amended to set forth a new procedure for evaluating and reducing community air toxic impacts from stationary sources of air pollution. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Thomas Gentile, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3259. Telephone: 518-402-8402. E-mail: Air.Regs@dec.ny.gov . Please include the Part number when emailing.

6 NYCRR Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines. The regulation will be amended to incorporate revisions California has made to its emission control program to amend the Low Emission Vehicle and Zero Emission Vehicle programs. Additional amendments may be made to clarify the Aftermarket Catalytic Converter provisions. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact Jeff Marshall, P.E., NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3255, Telephone: 518-402-8292. E-mail: Air.Regs@dec.ny.gov . Please include the Part number when emailing.

6 NYCRR Part 222, Distributed Generation. This is a new regulation to establish emission standards for distributed generation. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: John Barnes, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail: Air.Regs@dec.ny.gov . Please include the Part number when emailing.

6 NYCRR Subpart 225-2, Fuel Composition and Use - Waste Oils. The existing regulation will be revised to remove "out-of-date" regulatory references, correct typographical errors, update the waste oil constituent limits, remove "out-of-date" work practices, expand the number of facilities allowed to burn waste oil, and update the rule to compliment Title V criteria. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Mike Jennings, NYS Department of Environmental Conservation, 625 Broadway, Albany NY 12233-3254, Telephone: 518-402-8403. E-mail: Air.Regs@dec.ny.gov . Please include the Part number when emailing.

6 NYCRR Subpart 227-1, Stationary Combustion Installations. The existing regulation will be revised to remove "out-of-date" regulatory references, correct typographical errors, and update the permissible emission rates for particulate matter for both solid and liquid fuels. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Mike Cronin, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254, Telephone: 518-402-8403, E-mail: Air.Regs@dec.ny.gov . Please include the Part number when emailing.

6 NYCRR Part 230, Gasoline Dispensing Sites and Transport Vehicles. The existing rule will be amended to update and clarify testing requirements for gasoline dispensing sites (gas stations) and to conform more closely with new federal requirements and guidance. The regulation will also require prior notification to the department for each test; require new vapor leak detection equipment; and remove Stage II requirements. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Denise Prunier, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: Air.Regs@dec.ny.gov . Please include the Part number when emailing.

6 NYCRR Part 232, Dry Cleaning. The existing regulation that became effective May 15, 1997 will be updated to provide for administrative streamlining and consistency with any new federal requirements. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Eric Wade, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254. Telephone: 518-402-8403. E-mail: Air.Regs@dec.ny.gov . Please include the Part number when emailing.

6 NYCRR Part 235, Consumer Products. The existing regulation will be updated to implement additional Volatile Organic Compound (VOC) product content limits. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Kenneth Newkirk, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8396. E-mail:
Air.Regs@dec.ny.gov . Please include the Part number when emailing.

6 NYCRR Part 246, Mercury Reduction Program for Coal-Fired Electric Utility Steam Generating Units. Part 246 will be amended to update monitoring and reporting requirements. These changes are necessary to achieve parity with the United States Environmental Protection Agency's National Emission Standards for Hazardous Air Pollutants (NESHAP) regulation for electric generating units. This rulemaking will require a Regulatory Flexibility for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Steven DeSantis, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251. Telephone: 518-402-8402. E-mail: steve.desantis@dec.ny.gov . Please include the Part number when e-mailing.

Division of Environmental Permits

6 NYCRR, Part 621, Uniform Procedure Act (UPA). Part 621 was last amended on October 14, 2009. Since that time several statutes and regulations that interface with Part 621 have been changed or amended. The Division of Environmental Permits proposes to update the main text of Part 621. The several minor changes and updates are proposed to align the text with the revised regulations. Also several minor clarifications and corrections are proposed to correct inaccurate references and clarify permitting procedures. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Kent Sanders, NYS Department of Environmental Conservation, 625 Broadway, 4th Floor, Albany, NY 12233-1750. Telephone: 518-402-9168. E-mail: deppermitting@dec.ny.gov . Please include the Part number when emailing.

6 NYCRR Part 617, State Environmental Quality Review Act (SEQR). The Division of Environmental Permits proposes to amend the main text of Part 617. The purpose of the revisions is to streamline the SEQR process without sacrificing meaningful environmental review. The revisions would modify the Type I and Type II lists of actions, as well make other changes to the SEQR process. More information about the expected changes could be found at http://www.dec.ny.gov/permits/83389.html. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Robert Ewing or Kent Sanders, Department of Environmental Conservation, 625 Broadway, 4th Floor, Albany, NY 12233-1750. Telephone: 518-402-9167. E-mail: deppermitting@dec.ny.gov . Please include the Part number when emailing.

Division of Environmental Remediation

6 NYCRR Parts 370, 371, 372, 373, 374, and 376, Hazardous Waste Management Regulations ('FedReg5'). This rule making will incorporate, as appropriate, (1) federal rules from January 2002 to present; (2) changes related to Standards for Hazardous Air Pollutants for Hazardous Waste Combustors (MACT rules) from September 1999 to present; and (3) State-initiated changes, including clarification of language and corrections of errors found in the regulations. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Michelle Ching, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7020. Telephone: 518-402-9553. E-mail: hwregs@dec.ny.gov . Please include 'FedReg5' in the subject line when emailing.

6 NYCRR Parts 370, 371, 372, 373, 374 and 376, Hazardous Waste Management Regulations ('FedReg6'). This rulemaking will incorporate, as appropriate, three federal rules that were adopted between July 31, 2013 and February 7, 2014, which are: (1) Solvent-Contaminated Wipes Rule, published in Federal Register on July 31, 2013, which modifies provisions for laundering and reuse that are currently administered by Program Policy DSW-HW-03-09, 'Regulatory Status of Laundered Industrial Rags and Soiled Clothing;' (2) Carbon Dioxide Sequestration Rule, published in Federal Register on January 3, 2014, which provides a conditional exclusion for carbon dioxide streams in geological sequestration activities; and (3) Electronic Manifest Rule, published in Federal Register on February 7, 2014, which provides the legal and policy framework to authorize use of electronic manifests. Standards for the Management of Used Oil (6 NYCRR Subpart 374-2) will also be amended. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Michelle Ching, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7020. Telephone: 518-402-9553. E-mail: hwregs@dec.ny.gov . Please include 'FedReg6' in the subject line when e-mailing.

6 NYCRR Part 375 (Subparts 375-1 to 375-4, and 375-6), Environmental Remediation Programs. DEC proposes to amend subparts 375-1 to 375-4, and 375-6 to: (1) provide additional direction for issues that have been encountered since the rule was promulgated in December 2006; (2) provide additional guidance on processes so as to promote uniformity and consistency; (3) incorporate soil cleanup objective (SCO) changes, if any, resulting from the statutorily required five-year review; (4) add or revise multiple provisions to clarify issues that have arisen in the Brownfield Cleanup Program (BCP) in the course of implementing the program since 2006; (5) make necessary revisions of provisions applicable to the State Superfund Program, including, but not limited to, possibly clarifying the definition of "significant threat;" (6) encourage the incorporation of sustainable remediation and development techniques into cleanup projects covered by this rule; and (7) correct scrivener's errors that have caused inconsistencies and created confusion, replace accidental omissions, and insert clarifications required for amendments to this regulation. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Michael Ryan, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7011. Telephone: 518-402-9706. E-mail: derweb@dec.ny.gov . Please include 'Part 375' in the subject line when e-mailing.

6 NYCRR Part 380, Prevention and Control of Environmental Pollution by Radioactive Materials. This rule making will amend the Part 380 regulations to incorporate federal rule changes. In addition, several corrections and revisions not related to the federal rules will be done, including: clarifying the regulations in a number of areas such as standards for issuance of a Part 380 permit and language in the variance provision; elimination of redundant provisions; and deletion of obsolete provisions. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Sandra Hinkel, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, New York 12233-7255. Telephone: 518-402-9625. E-mail: radregs@dec.ny.gov . Please include 'Part 380' in the subject line when e-mailing.

6 NYCRR Part 384, Cleanup Criteria for Remediation of Sites Contaminated with Radioactive Material. This rule is being developed to adopt applicable sections of the federal Nuclear Regulatory Commission's (NRC) License Termination Rule (LTR), which establishes cleanup criteria for radiologically contaminated sites, and the Timeliness of Decommissioning Rule, which outlines necessary steps for the planning and implementing of site cleanups. Program staff are coordinating adoption of these rules with the New York State Department of Health and the New York City Department of Health and Mental Hygiene to ensure compatibility, as they also are required to adopt applicable sections of these federal rules. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Timothy Rice, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7255. Telephone: 518-402-8579. E-mail: radregs@dec.ny.gov . Please include 'Part 384' in the subject line when e-mailing.

6 NYCRR Part 483, Hazardous Waste Program Fees. This rule making will amend Part 483 to incorporate statutory changes made to the Hazardous Waste Program Fees over the past several years in Environmental Conservation Law section 72-0402. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Laura Zeppetelli, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, New York 12233-7012. Telephone: 518-402-9764. E-mail: derweb@dec.ny.gov . Please include 'Part 483' in the subject line when e-mailing.

6 NYCRR Parts 596, 597, 598, and 599, Chemical Bulk Storage Regulations. In this second phase of rulemaking for revisions to the Chemical Bulk Storage (CBS) regulations, DEC proposes to repeal Parts 596, 597, 598, and 599 and replace them with a new Part 598 to: (1) achieve equivalency with 40 CFR Part 280 (Underground Storage Tank regulations), which is needed in order for the State to receive delegation from U.S. Environmental Protection Agency (EPA) by incorporating new requirements from the federal regulations that the USEPA may promulgate in their current rule making; and (2) incorporate State-initiated changes pertaining to the administration of the CBS program and its consistency with the Petroleum Bulk Storage program, where applicable. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Russ Brauksieck, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, New York 12233-7020. Telephone: 518-402-9553. E-mail: derweb@dec.ny.gov . Please include respective Part numbers in the subject line when e-mailing.

6 NYCRR Part 610, Certification of Onshore Major Facilities [Major Oil Storage Facility (MOSF) Regulations]. DEC proposes to repeal and replace Part 610 to: (1) incorporate appropriate language from the New York State Department of Transportation regulations, 17 NYCRR Parts 30, 31 and 32, that pertains to the administration of the MOSF program, which has been solely handled by DEC since 1985; (2) repeal 17 NYCRR Parts 30, 31 and 32; (3) improve the consistency and clarity of language directing the administration of the MOSF program, which will make explicit in regulation the procedures set forth in DEC Program Policy DER-11, Procedures for Licensing Onshore Major Oil Storage Facilities; and (4) enhance monitoring, maintenance, procedures, and equipment requirements to prevent leaks and spills. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Russ Brauksieck, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, New York 12233-7020. Telephone: 518-402-9553. E-mail: derweb@dec.ny.gov . Please include 'Part 610' in the subject line when e-mailing.

6 NYCRR Part 611, Environmental Priorities and Procedures in Petroleum Cleanup and Removal. DEC proposes to repeal and replace Part 611 to incorporate requirements from Article 12 of the Navigation Law, which prohibits the discharge of petroleum and provides for cleanup and removal of any petroleum discharge. Part 611 needs to be revised to achieve equivalency with 40 CFR Part 280 (Underground Storage Tank regulations), which is needed in order for the State to receive delegation from EPA. First priority is given to minimizing environmental damage and to ensuring a clean environment in the State by preventing petroleum discharges that may result in impacts to lands, waters, or natural resources of the State. This is accomplished by authorizing DEC to respond immediately and to require prompt cleanup and removal of such discharges, or to clean up the discharge if the responsible party is unwilling or unable to do so. The payment of cleanup and removal costs, in addition to resulting direct and indirect damages, is provided through the New York Environmental Protection and Spill Compensation Fund. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Dennis Farrar, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, New York 12233-7020. Telephone: 518-402-9553. E-mail: derweb@dec.ny.gov . Please include 'Part 611'in the subject line when e-mailing.

6 NYCRR Part 613, Petroleum Bulk Storage Regulations. In this second phase of rulemaking for revisions to the Petroleum Bulk Storage (PBS) regulations, DEC proposes to amend Part 613 to: (1) achieve equivalency with 40 CFR Part 280 (Underground Storage Tank regulations), which is needed in order for the State to receive delegation from EPA by incorporating new requirements from the federal regulations that the USEPA may promulgate in their current rule making; and (2) incorporate State-initiated changes pertaining to the administration of the PBS program and its consistency with the CBS program, where applicable. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Russ Brauksieck, New York State Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, New York 12233-7020. Telephone: 518-402-9553. E-mail: derweb@dec.ny.gov . Please include 'Part 613' in the subject line when e-mailing.

Division of Fish, Wildlife, and Marine Resources

6 NYCRR Part 1, Section 1.40, Hunting wild turkey. Authority: ECL 11-0903, 11-0905. These amendments are needed to change season dates, boundaries, and bag limits for the fall wild turkey hunting season. Modification of hunting regulations is needed due to changes in wild turkey populations and improved understanding of the environmental conditions that influence those changes in different regions of New York State. It is not anticipated that this amendment will require a Regulatory Flexibility Analysis for small businesses or a Rural Area Flexibility Analysis. Contact: Vicky Wagenbaugh, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754, Telephone: 518-402-8879. E-mail: vicky.wagenbaugh@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 6, Section 6.2, Mink, muskrat, raccoon, opossum, weasel, red fox, gray fox, skunk, coyote, fisher, bobcat and pine marten trapping seasons and bag limits. Authority: ECL 11-1101, 11-1103. These amendments are needed to implement certain aspects of a fisher management plan expected to be adopted in early 2015. Additional amendments to this section are needed to clarify specifications for legal sizes and placement of traps for certain species. It is not anticipated that this amendment will require a Regulatory Flexibility Analysis for small businesses or a Rural Area Flexibility Analysis. Contact: Vicky Wagenbaugh, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754, Telephone: 518-402-8879. E-mail: vicky.wagenbaugh@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 10 - Sportfishing Regulations. Every two years the Department makes needed adjustments to the freshwater sportfishing regulations for the purposes of keeping the regulations up to date and current with management needs (including individual waters) and to provide for angling opportunity. The amendment of these regulations is necessary to adjust for meeting management needs, and to include appropriate adjustments to seasons, creel limits, and size limits. These regulations were initially scheduled to be amended in 2014, but will now be amended in 2015. This amendment will not require a Regulatory Flexibility Analysis for Small Businesses or a Rural Area Flexibility Analysis. Contact: Shaun Keeler, New York State Department of Environmental Conservation, Bureau of Fisheries, 625 Broadway, Albany, NY 12233. Telephone: 518-402-8928. E-mail: shaun.keeler@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR, Part 10 - Sportfishing Regulations. These amendments pertain to the management of diadromous fishes in the Hudson and Delaware Rivers, and management of marine fishes in the Hudson River. They are needed to remain in compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission or as directed in the Federal Sustainable Fisheries Act for such species. They also comply with the requirements of Environmental Conservation Law regarding the management of anadromous species. The purpose of these regulations is to protect and to maintain the health of these fish stocks. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: steve.heins@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR, Part 11 - More Than One Species. These amendments pertain to the management of diadromous fishes for taking, possessing, sale, or trafficking in the Harlem or East Rivers and the Hudson River. They are needed to remain in compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission or as directed in the Federal Sustainable Fisheries Act for such species. They also comply with the requirements of Environmental Conservation Law regarding the management of anadromous species. The purpose of these regulations is to protect and to maintain the health of these fish stocks. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: steve.heins@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR, Part 18 - Taking Bait. These amendments pertain to the management of diadromous fishes to take as bait for sport fishing via the use of fishing devices. They are needed to remain in compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission or as directed in the Federal Sustainable Fisheries Act for such species. They also comply with the requirements of Environmental Conservation Law regarding the management of anadromous species. The purpose of these regulations is to protect and to maintain the health of these fish stocks. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: steve.heins@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR, Part 19 - Use of Bait, Fish for Bait, and Bait Fish. These amendments pertain to the management of diadromous fishes used for bait in the Delaware and Hudson Rivers. They are needed to remain in compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission or as directed in the Federal Sustainable Fisheries Act for such species. They also comply with the requirements of Environmental Conservation Law regarding the management of anadromous species. The purpose of these regulations is to protect and to maintain the health of these fish stocks. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: steve.heins@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR, Part 35 - Licenses. The Department will propose to establish new reporting requirements for certain inland commercial fishery license holders, consistent with those in Part 40 for the same regulated species. The Department also seeks a reduction in the number of types of licenses issued and an increase in the fees charged for certain licenses. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: steve.heins@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR, Part 36 - Gear and Operation of Gear. These amendments pertain to the management of diadromous fishes in the Hudson and Delaware Rivers and are needed to maintain compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission (ASMFC) or as directed in the Federal Sustainable Fisheries Act for such species. They also comply with the requirements of Environmental Conservation Law regarding the management of anadromous species. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: steve.heins@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 37 - Sale of certain Lake Ontario fishes prohibited. Statutory Authority: ECL 11-0317 and 11-0325. The amendment of these regulations is necessary to provide additional protection to American eel in Lake Ontario and the St. Lawrence River. This amendment may not require a Regulatory Flexibility Analysis for Small Businesses and Local Government or a Rural Area Flexibility Analysis. Contact: Steve LaPan, New York State Department of Environmental Conservation, Cape Vincent Fisheries Research Station, Cape Vincent, NY 13618. Telephone: 315-654-2147. E-mail: steven.lapan@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 40 - Marine Fish. The Department proposes to amend regulations pertaining to the management of marine and diadromous fishes, including sharks, to maintain compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission (ASMFC), with the requirements of Environmental Conservation Law or pursuant to the Federal Sustainable Fisheries Act for such species. Proposed amendments will also provide compliance with National Marine Fisheries Service requirements and other federal laws. The Department proposes to amend the regulations to define what methods are allowed for recreational anglers to take fish. The Department proposes to amend reporting and record keeping requirements for State licensed harvesters; and to create a definition for proof of residency and establish the requirement for providing such proof of residency when obtaining marine license and permits. The Department will seek to amend the striped bass and summer flounder commercial fishing special regulations to replace qualifications for permits with an acceptable substitute for 50 percent of earned income and tax records and make changes to striped bass commercial fishing permit reissuance and striped bass commercial permit tag provisions. New regulations will be proposed to make changes in the summer flounder commercial fishing special regulations to add language for re-qualification similar to that in the striped bass commercial fishing special regulations. The Department seeks to adopt regulations to establish a commercial eel permit with reporting requirements statewide, and to extend coverage by the general provisions of this part to include Rockland and Putnam Counties and ensure that commercial possession is covered statewide. The proposed amendments will adopt changes to the shipping, labeling and packing requirements to require harvester's fishing vessel trip report numbers on labels for quota managed species and adopt regulations to clarify provision for records retention by food fish shippers and dealers. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: steve.heins@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 41 - Sanitary Condition of Shellfish Lands. As necessary, the Department will amend regulations that specify the classification (certified or uncertified) of shellfish lands. This is necessary to protect public health by designating lands that do not meet bacteriological water quality criteria as uncertified or closed to shellfish harvesting. Shellfish lands that meet the water quality criteria are designated as certified (open) for the taking of shellfish. Shellfish are defined in law as oysters, scallops, and all kinds of clams and mussels. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Karen Graulich, New York State Department of Environmental Conservation, Bureau of Marine Resources, Shellfisheries Section, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0475. E-mail: karen.graulich@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 42 - Sanitary Control over Shellfish. The Department proposes to amend regulations pertaining to the sanitary, record keeping, and reporting requirements and to require Vibrio control plans and introduce educational requirements, as necessary, to protect public health and allow for the modification of any conditions placed on permit activities after the permit has been issued for shellfish harvesters and shippers needed to comply with the guidelines of the National Shellfish Sanitation Program (NSSP), the federal regulations regarding interstate shipment of shellfish, and the Environmental Conservation Law. The proposed regulations will modify the descriptions of allowable activities under each category of shellfish shipper permits and the harvester permit consistent with the NSSP and the Environmental Conservation Law and amend and clarify descriptions of shellfish harvest areas to clearly delineate geographical sites where shellfish are harvested. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Susan Ritchie, New York State Department of Environmental Conservation, Bureau of Marine Resources, Shellfisheries Section, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0494. E-mail: susan.ritchie@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 43 - Surfclam/Ocean Quahog Fishery Management. The Department seeks to amend regulations pertaining to the management of surfclams and ocean quahogs that are consistent with the provisions of fishery management plans adopted by the Department and allow for the orderly implementation of any changes to the Environmental Conservation Law for the surfclam fishery. All amendments may describe changes to permit requirements and eligibility, harvest limits, gear restrictions, record keeping, and reporting requirements. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Jennifer O'Dwyer, New York State Department of Environmental Conservation, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0489. E-mail: jennifer.odwyer@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 44 - Lobsters and Crabs. The Department proposes to amend regulations pertaining to the management of lobsters, decapod crabs and horseshoe crabs to maintain the health of such species and to prevent the introduction of exotic crustacean species. These proposed regulations will comply with fishery management plans developed by the Atlantic State Marine Fisheries Commission (ASMFC) for the species and with requirements of the Environmental Conservation Law. The proposed regulations will include general provisions consistent with those found in Part 40. The proposed amendments will allow for flexibility in the type of vent used in crab traps, mandatory use of terrapin excluder devices on crab traps and establish open crab dredge seasons and areas. Rule makings will be proposed to clarify current language and remove unnecessary regulations. Horseshoe crabs regulations will be proposed to allow more control over the harvest and storage of horseshoe crabs. Rules will also be developed to prohibit the importation, possession and use of Asian horseshoe crabs. ASMFC will be developing an Addendum to the lobster management plan to scale the size of the Southern New England lobster fishery to the size of the resource. Lobster regulations will be developed based on the details of the Addendum. Rules will be proposed to prohibit the liberation of non-local crustaceans into New York's marine district. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Kim McKown, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0454. E-mail: kim.mckown@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 45 - Transplanting of Shellfish. The Department proposes to amend regulations pertaining to the transplanting of shellfish that are necessary to provide adequate protection of public health and comply with the guidelines and minimum requirements of the National Shellfish Sanitation Program. The proposed regulations will amend requirements for permits, transplanting of shellfish, relay area certification, and establish requirements for recordkeeping and reporting. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Debra Barnes, New York State Department of Environmental Conservation, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0483. E-mail: debra.barnes@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 48 - Marine Hatcheries, On-Bottom and Off-Bottom Culture of Marine Plant and Animal Life. The Department proposes to amend regulations pertaining to the sale of cultured food fish and other cultured food products for consumption or resale. The proposed regulations will amend requirements for marking and identification of cultivation products in commercial markets, requirements for permits, and record keeping and reporting requirements. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Wade Carden, New York State Department of Environmental Conservation, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0481. E-mail: wade.carden@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 49 - Shellfish Management. The Department seeks to adopt regulations for the management of hard clams, soft or steamer clams and razor clams. The management measures include provisions for size limits, catch and possession limits, open and closed seasons, closed areas, restrictions on the manner of taking and landing, requirements for permits and eligibility, record keeping and identification requirements, requirements on the amount and type of fishing effort and gear, and requirements relating to transportation, possession and sale. The Department seeks to amend regulations pertaining to the possession of oysters of less than legal size which is needed to ensure enforceability and compliance with the minimum size requirements for harvest of wild (natural) oysters in the marine district. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Debra Barnes, New York State Department of Environmental Conservation, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0483. E-mail: debra.barnes@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 50 - Miscellaneous Marine Species. The Department seeks to adopt new regulations for the protection and management of various other marine species. The immediate need is for the adoption of regulations for the protection and management of whelks (also known as conch, Busycon spp). These regulations will include size limits, reporting requirements for harvesters and dealers, specifications for marking and placement of whelk fishing gear, trap limits and other regulations necessary to manage the whelk fishery. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government but no Rural Flexibility Analysis. Contact: Kim McKown, New York State Department of Environmental Conservation, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0454. E-mail: kim.mckown@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Subchapter G (Fish and Wildlife Management Areas and Facilities), Parts 51-113. Statutory Authority: ECL 11-0303, 11-2101, 11-2106. These amendments are needed to simplify public use regulations pertaining to the wildlife management areas, cooperative fish and wildlife management areas, and several state parks. They are also needed to ensure that public use activities on WMAs are consistent with the requirements of the Pittman-Robertson Law, a key source of federal funding for the acquisition and management of WMAs. It is not anticipated that this amendment will require a Regulatory Flexibility Analysis for small businesses or a Rural Area Flexibility Analysis. Contact: Vicky Wagenbaugh, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754, Telephone: 518-402-8879. E-mail: vicky.wagenbaugh@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 59, State Boat-Launching Sites, Fishing-Access Sites and Fishing Rights Areas. Statutory Authority ECL 9-1709 and 11-2101. These amendments are needed to establish regulations that would strengthen efforts to prevent the introduction and spread of aquatic invasive organisms by watercraft using State owned access sites administered by the Division of Fish, Wildlife and Marine Resources. These amendments may require a Regulatory Flexibility Analysis for Small businesses as well as a Rural Area Flexibility Analysis. Contact: Ed Woltmann, NYS Department of Environmental conservation, Division of Fish Wildlife and Marine Resources, 625 Broadway, Albany, NY 12233-4753, Telephone 518-402-8893. ed.woltmann@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 151, Propagation and Sale of Fur-bearing Animals. Amendment of Part 151 is necessary to bring the regulations current with changes to ECL 11-1907, which became effective in April 2012. The statutory language now states that the department shall not issue any new licenses after April 1, 2012. The regulatory changes will provide for continued licensing of currently licensed individuals and will prohibit the issuance of new licenses. This amendment may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments but not a Rural Area Flexibility Analysis. Contact: Joseph Therrien, New York State Department of Environmental Conservation, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY 12233-4752. Telephone: 518-402-8985. E-mail: joseph.therrien@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 153, Preserve Licenses. Amendment of Part 153 is necessary to bring the regulations current with changes to multiple Sections of the ECL. The statutory language has removed the requirement for marking domestic game species with a department provided tag and has extended the shooting season authorized for shooting preserve licenses. The regulatory changes will remove the carcass tagging requirements in Section 153.1 and will extend the shooting season in Section 153.2. In addition, the requirement for submission of an annual report will be removed from Section 153.1. This amendment will not require a Regulatory Flexibility Analysis for Small Businesses and Local Governments or a Rural Area Flexibility Analysis. Contact: Joseph Therrien, New York State Department of Environmental Conservation, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY 12233-4752. Telephone: 518-402-8985. E-mail: joseph.therrien@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 174 Sale of Live Birds. Amendment of Part 174 is necessary to simplify the regulatory language and to clearly state for what purposes a license is required. Part 174 will be repealed in its entirety and a new Part 174 will be written. Changes will also include the removal of the records retention requirement in 174.3(c). This amendment may require a Regulatory Flexibility Analysis for Small Businesses but not a Rural Area Flexibility Analysis. Contact: Joseph Therrien, New York State Department of Environmental Conservation, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY 12233-4752. Telephone: 518-402-8985. E-mail: joseph.therrien@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 175, Special Licenses and Permits - Definitions and Uniform Procedures. This amendment is necessary to update and enhance the regulation for administrative and enforcement procedures. We need to include provisions for additional statutory amendments that have occurred since the regulations were last amended, and to clarify standards and criteria for agency actions on applications and licenses. This amendment may require a Regulatory Flexibility Analysis for Small Businesses but not a Rural Area Flexibility Analysis. Contact: Joseph Therrien, New York State Department of Environmental Conservation, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY 12233-4752. Telephone: 518-402-8985. E-mail: joseph.therrien@dec.ny.gov . Please include the Part number when emailing.

6 NYCRR Part 177 - Sporting License Issuance and Use. Amend current regulations to update proof of qualifications for certain licenses to be consistent with updated procedures and potential changes necessary to issue sporting licenses as part of a statewide, shared services electronic licensing system that is currently under development. It is not anticipated that this amendment will require a Regulatory Flexibility Analysis for small businesses or a Rural Area Flexibility Analysis. Contact: Mary Bailey, New York State Department of Environmental Conservation, Division of Fish, Wildlife, and Marine Resources, 625 Broadway, Albany, NY 12233-4750, Telephone: 518-402-8869. E-mail: mary.bailey@dec.ny.gov . Please include the Part number when emailing.

6 NYCRR Part 180 Miscellaneous Regulations. Amend 180.9(c) by removing permit fee, Re-write to authorize possession of dangerous fish only for education and exhibition at Zoos accredited by the Association of Zoos and Aquariums and for scientific research. Contact: Joseph Therrien, New York State Department of Environmental Conservation, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY 12233-4752. Telephone: 518-402-8985. E-mail: joseph.therrien@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 180.1 - Wildlife Dangerous to Health or Welfare. Amendment of Part 180.1 or promulgation of a new regulation is necessary to address statutory requirements of Environmental Conservation Law 11-0512 and 11-0103(6)(e)(5). The statutory language in ECL 11-0512 and 11-0103(6)(e)(5) provides the opportunity for the private possession of animals that are or should be considered too dangerous for possession outside bona fide zoological gardens. In addition, the proposed amendments to Part 180.1 will provide a list of species that have been found to be too dangerous to the public or to the fish and wildlife resources of the state to be possessed in any facility except a bona fide zoological garden certified by the American Zoological Association. This amendment may require a Regulatory Flexibility Analysis for Small Businesses but not a Rural Area Flexibility Analysis. Contact: Joseph Therrien, New York State Department of Environmental Conservation, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY 12233-4752. Telephone: 518-402-8985. E-mail: joseph.therrien@dec.ny.gov . Please include the Part number when emailing.

6 NYCRR Part 182 Endangered and Threatened Species of Fish and Wildlife; Species of Special Concern; Incidental Take Permits. Repeal Section 182.14 to remove license fee and application language for sale of articles made from crocodilian species; Rewrite Section 182.8 or, add new Section allowing exception for the sale of crocodilian and vicuna articles manufactured from legal sources. Rewrite 182.8 to: clearly distinguish between live animals, raw carcasses or parts and worked or manufactured articles containing pieces or parts form endangered or threatened species; and to define requirements of license application including proof of acquisition and provenance. Add new Section listing the prohibitions on sale of articles made in whole or in part from ivory and rhinoceros horn and clearly list the application requirements for sale of such articles. This amendment may require a Regulatory Flexibility Analysis for Small Businesses but not a Rural Area Flexibility Analysis. Contact: Joseph Therrien, New York State Department of Environmental Conservation, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY 12233-4752. Telephone: 518-402-8985. E-mail: joseph.therrien@dec.ny.gov . Please include the Part number when emailing.

6 NYCRR Part 183 -License-Issuing Officers. Amend current regulations address procedures for evaluation and prioritization of applicants that wish to become license-issuing officers (agents) for DEC. It is not anticipated that this amendment will require a Regulatory Flexibility Analysis for small businesses or a Rural Area Flexibility Analysis. Contact: Mary Bailey, New York State Department of Environmental Conservation, Division of Fish, Wildlife, and Marine Resources, 625 Broadway, Albany, NY 12233-4750, Telephone: 518-402-8869. E-mail: mary.bailey@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 184 Wildlife Rehabilitation. Amendment of Part 184 will reduce the number of license classes from six down to one, will remove the requirement for submitting two character references with license applications, and will remove the requirement for interview of new licensees by regional staff. Changes will be made to incorporate the prohibitions of the proposed dangerous animal regulations and the Chronic Wasting Disease Regulations as to possession of prohibited species for rehabilitative care. ). This amendment may require a Regulatory Flexibility Analysis for Small Businesses but not a Rural Area Flexibility Analysis. Contact: Joseph Therrien, New York State Department of Environmental Conservation, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY 12233-4752. Telephone: 518-402-8985. E-mail: joseph.therrien@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 186, Deer Feeding. Statutory Authority: ECL 3-0301, and 11-0325. A new regulation is needed to strengthen and clarify laws relating to the feeding of deer based on a recent finding in Sullivan County Court. Additionally, the Department will propose regulations pertaining to deer feeding in the context of the use of the 4-Poster Tickicide device. It is not anticipated that this new rule will require a Regulatory Flexibility Analysis for small businesses or a Rural Area Flexibility Analysis. Contact: Vicky Wagenbaugh, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754, Telephone: 518-402-8879. E-mail: vicky.wagenbaugh@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 189, Chronic Wasting Disease. Statutory Authority: ECL 3-0301, 11-0325, and 11-1905. These amendments are needed to strengthen the existing regulation pertaining to importation, transportation, possession and disposal of live or dead Cervids (or parts of those animals) as necessary to prevent the introduction or spread of Chronic-wasting Disease in New York. It is not anticipated that this amendment will require a Regulatory Flexibility Analysis for small businesses or a Rural Area Flexibility Analysis. Contact: Vicky Wagenbaugh, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754, Telephone: 518-402-8879. E-mail: vicky.wagenbaugh@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Part 190.24, Use of State Lands- Boat Launching Sites. Statutory Authority ECL 1-0101, 3-0301, and 9-0105. These amendments are needed to establish regulations that would strengthen efforts to prevent the introduction and spread of aquatic invasive organisms by watercraft using State owned access sites administered by the Division of Lands and Forests, the Division of Operations, or both. These amendments may require a Regulatory Flexibility Analysis for Small businesses as well as a Rural Area Flexibility Analysis. Contact: Ed Woltmann, NYS Department of Environmental conservation, Division of Fish Wildlife and Marine Resources, 625 Broadway, Albany, NY 12233-4753, Telephone 518-402-8893. ed.woltmann@dec.ny.gov. Please include the Part number when emailing.

6 NYCRR Parts 662, 663, 664, 665 - Amendments to these regulations would be done as one package.

  • Repeal Part 662 Freshwater Wetlands - Interim Permits. Provided standards for the issuance of permits prior to the filing of final freshwater wetlands maps. Inasmuch as all maps outside of the Adirondack Park are now final, this regulation is obsolete.
  • Amend Part 663 Freshwater Wetland Permit Requirements and Part 665 Local Government Implementation of the Freshwater Wetlands Act and Statewide Minimum Land-Use Regulations for Freshwater Wetlands. Amendments needed to clarify specific aspects, update language regarding third party mitigation, and remove outdated references and procedures.
  • Amend Part 664 Freshwater Wetlands Maps and Classification. Amendments to clarify specific aspects to define the meaning of approximate wetland boundary shown on regulatory maps.
  • Repeal Part 647-Freshwater Wetlands Appeals Board - Rules of Procedure. Provided rules for the Freshwater Wetlands Appeals Board that was abolished in 2012.
    Contact: Roy Jacobson, NYS Department of Environmental Conservation, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY, 12233. Telephone 518-402-8853. E-mail: roy.jacobson@dec.ny.gov. Please include the Part number when emailing.

Office of Hearings and Mediation Services

6 NYCRR Part 622, Uniform Enforcement Hearing Procedures. The Office of Hearings and Mediation Services proposes to clarify procedures governing default procedures and motions for order without hearing, and make various typographical, technical and related corrections throughout. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses, and a Rural Regulatory Flexibility Analysis. Contact: James T. McClymonds, Chief Administrative Law Judge, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, First Floor, Albany, New York 12233-1550. E-mail: james.mcclymonds@dec.ny.gov. Please include the Part number when e-mailing.

6 NYCRR Part 624, Permit Hearing Procedures. The Office of Hearings and Mediation Services proposes to amend procedures governing issues conferences and interim appeals to the Commissioner from issues rulings by the Administrative Law Judges, to clarify the procedures governing motion practice, to establish procedures governing trade secrets and other confidential information in adjudicatory hearings, to revise certain definitions and to make various typographical, technical and related corrections. This rulemaking may require a Regulatory Flexibility Analysis for Small Businesses, and a Rural Regulatory Flexibility Analysis. Contact: Louis A. Alexander, New York State Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, 14th Floor, Albany, New York 12233-1010. E-mail: louis.alexander@dec.ny.gov. Please include the Part number when e-mailing.

Division of Lands and Forests

6 NYCRR Part 592, Conservation Easements. Addition of a New Part. These regulations will provide guidance and a process for the Department to follow when modifying or extinguishing a conservation easement. A Regulatory Flexibility Analysis and a Rural Area Flexibility Analysis are not required for this rulemaking. Contact: Robert Burgher, NYS Department of Environmental Conservation, Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4256. Telephone (518) 402-9442. E-mail: robert.burgher@dec.ny.gov. Please include the Part number when e-mailing.

6 NYCRR, Aquatic Invasive Species Prevention. Addition of a New Part. These regulations will define "reasonable precautions" that a person shall take prior to launching a watercraft or floating dock into a public water body. A Regulatory Flexibility Analysis and a Rural Area Flexibility Analysis are not required for this rulemaking. Contact: Leslie Surprenant, NYS Department of Environmental Conservation, Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4250. Telephone: (518) 402-8980.
E-mail: leslie.surprenant@dec.ny.gov. Please include the Part number when e-mailing.

6 NYCRR Part 195, Permits for the Erection and Maintenance of Signs, Advertising Structures and Devices in the Adirondack and Catskill Parks. These regulations will allow a modest increase in the size of signs and the distance of signs from businesses. A Regulatory Flexibility Analysis and a Rural Area Flexibility Analysis are not required for this rulemaking. Contact: Peter J. Frank, NYS Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, NY 12233-4254. Telephone: (518) 473-9518. E-mail: peter.frank@dec.ny.gov. Please include the Part number when e-mailing.

6 NYCRR Part 190, Use of State Lands. Amend Section 190.13, Wilderness Areas in the Adirondack Park. These regulations will protect the natural resources in the Saint Regis Canoe Area from overuse by applying restrictions to group size, camping, campfires and other activities. A Regulatory Flexibility Analysis and a Rural Area Flexibility Analysis are not required for this rulemaking. Contact: Peter J. Frank, NYS Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, NY 12233-4254.
Telephone: (518) 473-9518. E-mail: peter.frank@dec.ny.gov. Please include the Part number when e-mailing.

6 NYCRR Part 196, Operation of Motorized Vehicles, Vessels, Aircraft and Motorized Equipment in the Forest Preserve. Amend Section 196.7, Operation of Bicycles in the Adirondack Forest Preserve. This regulation will update existing Section 196.7 implemented by Adirondack Park State Land Master Plan guidelines for bicycle use. A Regulatory Flexibility Analysis and a Rural Area Flexibility Analysis are not required for this rulemaking. Contact: Peter J. Frank, NYS Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, NY 12233-4254. Telephone: (518) 473-9518. E-mail: peter.frank@dec.ny.gov. Please include the Part number when e-mailing.

6 NYCRR Part 190, Use of State Lands. Amend existing Section 190.10, Unique Areas. The amended regulation will address public safety and environmental issues at the Department managed Croton Gorge Unique Area. A Regulatory Flexibility Analysis and a Rural Area Flexibility Analysis are not required for this rulemaking. Contact: Jeffrey Wiegert, NYS Department of Environmental Conservation, 21 South Putt Corners Road, New Paltz, NY 12561. Telephone: (845) 256-3084. E-mail: jeffrey.wiegert@dec.ny.gov. Please include the Part number when e-mailing.

6 NYCRR Part 190, Lower Salmon River State Forest. Adopt a new section. These regulations are needed to control public use on lands to be acquired by the Department along the Salmon River in Oswego County. Because of the uniqueness of the area and its uses, specific regulations for the state forest will be developed that are not addressed in the existing Part 190 general regulations. A Regulatory Flexibility Analysis and a Rural Area Flexibility Analysis are not required for this rulemaking. Contact: Daniel Bishop, NYS Department of Environmental Conservation, Region 7 Sub-Office, 1285 Fisher Avenue, Cortland, NY 13045-1090. Telephone: 607-753-3095. E-mail: daniel.bishop@dec.ny.gov. Please include the Part number when e-mailing.

6 NYCRR Part 190, Use of State Lands. Adoption of a new Section 190.36, Submerged Heritage Preserves in Lake George and Lake Champlain. These regulations are needed to protect underwater resources, such as shipwrecks and other submerged archaeological sites that are of recreational, aesthetic, and educational value, as well as regulate access to these sites, and create safe diving conditions. A Regulatory Flexibility Analysis and a Rural Area Flexibility Analysis are not required for this rulemaking. Contact: Charles Vandrei, NYS Department of Environmental Conservation, Bureau of State Land Management, 625 Broadway, Albany, NY 12233-4255. Telephone: (518) 402-9428. E-mail: charles.vandrei@dec.ny.gov. Please include the Part number when e-mailing.

DEC is proposing to replace its current Emerald Ash Borer Emergency Quarantine Order with a permanent regulation, to slow the spread of this invasive, exotic, tree-killing insect and increase protection for currently-uninfested areas and communities. NYS Department of Agriculture and Markets is expected to simultaneously propose an identical regulation to replace their current Emerald Ash Borer quarantine regulation (Part 141). A Regulatory Flexibility Analysis and a Rural Area Flexibility Analysis are not required for this rulemaking. Contact: Bruce Williamson, NYS Department of Environmental Conservation, Bureau of Private Land Services, 625 Broadway, Albany, NY 12233-4253. Telephone: (518) 402-9425. E-mail: bruce.williamson@dec.ny.gov. Please include the Part number when e-mailing.

6 NYCRR Part 199, Taxation of Forest Land. Amend Part 199, Taxation of Forest Land. A 2008 legislative amendment to Real Property Tax Law Section 480-a requires and directs the Department to amend its regulations implementing the Forest Tax Law to include "participation in a forest certification program ... recognized in the regulations of the Department." Additional amendments to the regulations will be considered to address concerns expressed and problems raised over the last 47 years by program participants and landowners who would like to participate, as well as to streamline and reduce DEC's administrative workload associated with this growing program. A Regulatory Flexibility Analysis and Rural Area Flexibility Analysis is not required for this rulemaking. Contact: Bruce Williamson, NYS Department of Environmental Conservation, Bureau of Private Land Services, 625 Broadway, Albany, NY 12233-4253. Telephone: (518) 402-9425. E-mail: bruce.williamson@dec.ny.gov. Please include the Part number when e-mailing.

Division of Materials Management

6 NYCRR, Part 325, Rules and Regulations Relating to the Application of Pesticides and Part 326, Registration and Classification of Pesticides. Part 325 will be amended, in part, to clarify and update existing regulations. Part 326 will be amended, in part, to clarify and update existing regulations and will include the federal requirements regarding removal of residues from pesticides containers prior to disposal or refilling. Part 325 and 326 will also be amended to include the federal requirements for the Worker Protection Standard (WPS). This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Scott Menrath, NYS Department of Environmental Conservation, Division of Materials Management, 625 Broadway, Albany, New York 12233-7254. Telephone: 518-402-8748. E-mail: pestmgmt@dec.ny.gov. Please include the Part number when e-mailing.
6 NYCRR, Part 325, Rules and Regulations Relating to the Application of Pesticides. Part 325 will be amended to adopt regulations on the use of pesticides classified by the USEPA as exempt from the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act. These pesticides are commonly known as 25(b) or minimum risk pesticides. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Anthony Lamanno, NYS Department of Environmental Conservation, Division of Materials Management, 625 Broadway, Albany, New York 12233-7254. Telephone: 518-402-8727. E-mail: pestcomp@dec.ny.gov. Please include the Part number when e-mailing.
6 NYCRR Part 360 Series, Solid Waste Management Facilities. This rulemaking will include technical amendments and clarifications, as well as legal and policy developments. Changes to all portions of the Part 360 series are expected, including Parts 364 and 369. The rulemaking will also incorporate solid waste management activities, technologies or waste streams that are not currently specifically addressed within existing Part 360, including automobile dismantlers, pharmaceutical waste, dredge materials, biohazard incident waste, and yellow grease. The information contained in the current Part 360 will be subdivided into different parts to better organize solid waste topics, and to make future revisions to specific topics less burdensome. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Melissa Treers, NYS Department of Environmental Conservation, Division of Materials Management, 625 Broadway, Albany, New York 12233-7260. Telephone: 518-402-8678. E-mail: SolidWasteRegulations@dec.ny.gov. Please include the Part number when e-mailing.
6 NYCRR Part 367, Returnable Beverage Containers. This rulemaking will incorporate revisions to the statute that specifically changed and, in some cases, change the Part 367 regulations that were promulgated in 1983; reflect changes in the way the industry and the regulated community now complies with these regulations; and include changes that will lead to improved compliance and enforcement. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Jennifer Kruman, NYS Department of Environmental Conservation, Division of Materials Management, 625 Broadway, Albany, New York 12233-7253. Telephone: 518-402-8706. E-mail: nybottle@dec.ny.gov . Please include the Part number when e-mailing.

6 NYCRR Part 368, Product Stewardship and Labeling. This rulemaking will rename and include changes to the existing Recycling Emblem regulations in 6 NYCRR Part 368 to be consistent with national labeling guidelines for recycling terms. It will also include developing regulations for mercury-added consumer products labeling, and product stewardship requirements for E-Waste, Cell Phones and Rechargeable Batteries - all resulting from legislation for these specific materials. This rulemaking will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Peter Pettit, NYS Department of Environmental Conservation, Division of Materials Management, 625 Broadway, Albany, New York 12233-7253. Telephone: 518-402-8706. E-mail: pswr@dec.ny.gov . Please include the Part number when e-mailing.

Division of Operations

6 NYCRR 623: Use of Environmental Education Centers. The Department is proposing to revise 6 NYCRR 623: Use of Environmental Education Centers to include Reinstein Woods Environmental Education Center, update appropriate uses of the education centers, and make the regulations consistent with relevant sections of Part 190: Use of State Lands. This rulemaking will not require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Tom Shimalla, NYS Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-5256. Telephone: 518-402-8043. E-mail: edcenterregs@dec.ny.gov . Please include the Part number when emailing.

SAPA Section 207 -- 5-Year Rule Review

The following rules were adopted by the New York State Department of Environmental Conservation (Department or DEC) during 2010, and pursuant to SAPA Section 207 have been reviewed. Comments on the rules that are being amended this year should be directed to the contact person listed in the main body of the Regulatory Agenda. Comments on any rules that are not being changed at this time will be accepted for 45 days from the date of publication in the State Register and should be directed to the regulatory coordinator for the appropriate program, as listed below the rules.

Division of Air Resources

6 NYCRR Part 200, General Provisions. Statutory Authority: Environmental Conservation Law Sections 1-0101, 1-0303, 3-0301, 3-0303, 11-0303, 11-0305, 11-0535, 13-0105, 15-0109, 15-1903, 16-0111, 17-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 19-0306, 19-0311, 19-0319, 19-0323, 24-0103, 25-0102, 34-0108, 49-0309, 70-0109, 71-2103, 71-2105, 72-0303; Energy Law Sections 3-101, 3-103; Public Authorities Law Sections 1850, 1851, 1854, 1855; Federal Clean Air Act Sections 160-169, 171-193 [42 U.S.C. 7470-7479; 7501-7515]. Part 200 will be revised, and is on the Department's 2014 regulatory agenda.

6 NYCRR Part 202, Emissions Verification. Defines acceptable procedures for performing emissions testing and sampling. Annual emission statements provide an accurate accounting of all emissions from major stationary sources, and assist the state in tracking progress towards attainment and maintaining the national ambient air quality standards for the criteria pollutants. Statutory Authority: Environmental Conservation Law Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0302, 19-0303, 19-0305, 19-0311, 71-2103, 71-2105 and 72-0303. Part 202 was amended in 2010. No further amendments will be made at this time.

6 NYCRR Part 204, NOx Budget Trading Program. Defined the ozone season cap-and-trade program for New York to reduce NOx emissions from large, stationary, fossil fuel-fired boilers and electricity generating units. Statutory Authority: Environmental Conservation Law Sections 1-0101, 19-0103, 19-0105, 19-0301, 19-0303, and 19-0311. Part 204 was repealed in 2010.

6 NYCRR Part 212, General Process Emission Sources. Statutory Authority: Environmental Conservation Law Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 19-0311, 71-2103 and 71-2105. The 2010 revision of Part 212 was for the purpose of adding Section 212.12, Hot Mix Asphalt Production Plants. The purpose of this section is to control emissions of oxides of nitrogen from hot mix asphalt plants. These regulations has ongoing requirements and therefore will not be amended at this time.

6 NYCRR Part 215, Open Fires. Statutory Authority: Environmental Conservation Law Sections 1-0101, 3-0301, 9-0105, 9-1103, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 70-0107, 71-2103, 71-2105. This regulation will not be amended at this time.

6 NYCRR Part 217, Motor Vehicle Emissions. Environmental Conservation Law (ECL) Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 19-0320, 71-2103, and 71-2105. This regulation was revised in 2010 to amend existing Subparts 217-1 and 217-4, and to include a new Subpart 217-6. The revisions ended the New York Transient Emissions Short Test (NYTEST) and updated the New York Vehicle Inspection Program (NYVIP). No further amendments will be made at this time.

6 NYCRR Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines. Environmental Conservation Law Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 71-2103, 71-2105, and section 177 of the federal Clean air Act (42 USC 7507). This regulation was revised in 2010 to incorporate revisions California made to its zero emission vehicle program. Additional changes are being considered for 2015.

6 NYCRR Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines. Environmental Conservation Law Sections 1-0101, 1-0303, 3-0301, 19-0103, 19-0105, 19-0107, 19-0301, 19-0303, 19-0305, 71-2103, 71-2105, and section 177 of the federal Clean air Act (42 USC 7507). This regulation was revised in 2010 to incorporate revisions California made to its low emission vehicle (LEV) program to amend its greenhouse gas (GHG) emission standards. Additional changes are being considered for 2015.

6 NYCRR Part 227-2 Reasonably Available Control Technology (RACT) For Major Facilities of Oxides Of Nitrogen (NOx) Statutory Authority: Environmental Conservation Law Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 19-0311. Part 227-2 was amended in 2010. Additional amendments will not be made at this time.

6 NYCRR Part 228, Surface Coating Processes. Statutory Authority: Environmental Conservation Law Sections 3-0301, 19-0301, 19-0303. Part 228 was amended in 2013. Additional amendments will not be made at this time.

6 NYCRR Part 231, New Source Review for New and Modified Facilities. Statutory Authority: Environmental Conservation Law Sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-01017, 19-0301, 19-0302, 19-0303, 19-0305; Federal Clean Air Act Sections 160-169, 171-193 [42 U.S.C. 7470-7479; 7501-7515]. Part 231 was amended in 2011. No further amendments will be made at this time.

6 NYCRR Part 237, Acid Deposition Reduction NOx Budget Trading Program. Defined the non-ozone season cap-and-trade program for New York to reduce NOx emissions from large, stationary, fossil fuel-fired electricity generating units. Statutory Authority: Environmental Conservation Law Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, and 19-0303. Part 237 was repealed in 2014.

6 NYCRR Part 238, Acid Deposition Reduction SO2 Budget Trading Program. Defined the annual cap-and-trade program for New York to reduce SO2 emissions from large, stationary, fossil fuel-fired electricity generating units. Statutory Authority: Environmental Conservation Law Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, and 19-0303. Part 238 was repealed in 2014.

6 NYCRR Part 239, Portable Fuel Container Spillage Control. Statutory Authority: Environmental Conservation Law Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0303, 19-0305, 17-2103 and 71-2105. Part 239 was amended in 2009 to include a more broad set of standards which were consistent with the Federal Rule 40 CFR part 59. Part 239 is part of a suite of actions undertaken by the State to control VOC emissions. VOCs are precursors, with nitrogen oxides in the formation of ozone. This regulation will not be amended this year as the current regulations limit the VOCs of this category to a level where the emissions are controlled to a reasonable level.

6 NYCRR Part 241, Asphalt Pavement and Asphalt Based Surface Coating, 6 NYCRR Part 211, General Prohibitions, 6 NYCRR Part 205, Architectural and Industrial Maintenance (AIM) Coatings, and 6 NYCRR Part 200, General Provisions. Adopted asphalt pavement VOC limitations and asphalt based surface coating VOC content and labeling requirements, and updated VOC lists. Statutory Authority: Environmental Conservation Law Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 71-2103 and 71-2105. These regulations will not be amended at this time.

6 NYCRR Part 243, 6 NYCRR Part 244 and 6 NYCRR Part 245, Clean Air Interstate Rule (CAIR). The New York State components of the regional cap and trade programs that primarily apply to large electricity generating units to mitigate transport of NOx and SO2 to reduce ozone and fine particulate formation in the Eastern United States. Statutory Authority: Environmental Conservation Law Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, and 19-0303. These regulations will not be amended at this time.

6 NYCRR Part 247, Outdoor Wood Boilers. Statutory Authority: Environmental Conservation Law Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 71-2103, and 71-2105. Part 247 was adopted in 2010 to establish PM emission limits as well as siting and stack height requirements for new outdoor wood boilers (OWBs). This regulation will not be amended at this time.

6 NYCRR Part 249, Best Available Retrofit Technology (BART). Statutory Authority:
Environmental Conservation Law Sections 1-0101, 3-0301, 19-0103, 19-0105, 19-0301, 19-0302, 19-0303, 19-0305, 71-2103, and 71-2105. This regulation codifies a federal program, pursuant to EPA's regional haze rule, for controlling emissions (oxides of nitrogen, sulfur dioxide, and particulate matter) that cause visibility impairment in federal parks. This regulation will not be amended at this time.

Contact: Jen Masa, New York State Department of Environmental Conservation, Division of Air Resources, 625 Broadway, Albany, NY 12233-3258. Telephone: 518-402-8401. E-mail: air.regs@dec.ny.gov Please include the Part number when emailing.

Division of Environmental Permits

6 NYCRR Part 617.20 Appendixes A-C, Statutory Authority Environmental Conservation Law, Article 8. This rule amends the environmental assessment forms. The purpose of the rule is to update the environmental assessment forms. This rule was finalized on January 25, 2013. No further amendments will be made at this time.

Contact: Kent Sanders, New York State Department of Environmental Conservation, Division of Environmental Permits, 625 Broadway, Albany, NY 12233. Telephone: 518-402-9178. E-mail: kent.sanders@dec.ny.gov. Please include the Part number when emailing.

Division of Fish, Wildlife, and Marine Resources

6 NYCRR Section 180.3: Definition of firearms. Statutory Authority: ECL 11-0303. Provided a clear definition of an "airgun" for the purpose of implementing hunting laws allowing their use on small game and certain upland game birds. No amendments planned for 2015 as definitions are still relevant and in effect. Contact: Vicky Wagenbaugh, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754, Telephone: 518-402-8879. E-mail: vicky.wagenbaugh@dec.ny.gov

6 NYCRR Section 2.25: Pheasant Hunting. Statutory authority: ECL 11-0303, 11-0901, 11-0903, and 11-0905. Adjusted pheasant hunting seasons and bag limits to increase hunting opportunity. The regulations were amended in 2011 to allow for a youth pheasant hunt on Long Island. No amendments are planned for 2015 as regulations are still relevant and in effect. Contact: Vicky Wagenbaugh, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754, Telephone: 518-402-8879. E-mail: vicky.wagenbaugh@dec.ny.gov

6 NYCRR Sections 6.2 and 6.3: Trapping Regulations. Statutory authority: ECL 11-0303, 11-1101, and 11-1103. Amended trapping season dates and reform several general trapping regulations. Several amendments are planned for 2015, otherwise regulations are still relevant and in effect. Contact: Vicky Wagenbaugh, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754, Telephone: 518-402-8879. E-mail: vicky.wagenbaugh@dec.ny.gov

6 NYCRR Part 189: Chronic wasting disease. Statutory authority: ECL 3-0301 and 11-0325. Updated chronic wasting disease regulations to protect New York whitetail deer population, including: decommissioning the CWD containment area; rescinding the provisions related to "sale of feed" in 6 NYCRR 189.3 (h); amending 6 NYCRR 189.8 (Taxidermy) to require that taxidermy logs be kept on hand for a two year period; Adding moose as a species that would be regulated if a new containment area is identified. Regulations were amended in 2011 and 2012 to restrict the importation of deer carcasses when Maryland and Pennsylvania were found to be CWD positive states, respectively. Amendments are expected to be proposed in 2015 in order to strengthen the existing regulation pertaining to importation, transportation, possession and disposal of live or dead Cervids (or parts of those animals) as necessary to prevent the introduction or spread of Chronic-wasting Disease in New York. Contact: Vicky Wagenbaugh, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754, Telephone: 518-402-8879. E-mail: vicky.wagenbaugh@dec.ny.gov


6 NYCRR Part 187: Black Bear Feeding and Training of Dogs on Black Bears. Statutory authority: ECL 11-0521, 11-0903, and 11-0928. Amended black bear regulations to clarify and expand restrictions on the feeding of black bears in order to reduce conflicts between bears and people, which prompted changing regulations concerning the use of bait in training dogs to hunt black bears. No amendments are planned for 2015 as all regulations are still relevant and in effect. Contact: Vicky Wagenbaugh, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754, Telephone: 518-402-8879. E-mail: vicky.wagenbaugh@dec.ny.gov

6 NYCRR Sections 1.30 and 6.3: Deer Management Assistance Permits (DMAP), and Trapping Regulations (pelt seals for beaver), respectively. Statutory authority: ECL 11-0903 and 11-1103. Reduce costs associated with Deer Management Assistant Permits and measuring beaver harvest. These regulatory changes were made to reduce Conservation Fund expenditures by lowering the cost of implementing Deer Management Assistance Permits (DMAP) by changing the reporting requirements, and ending the requirement for trappers to use pelt seals for beaver. No amendments are planned for 2015 as all regulations are still relevant and in effect. Contact: Vicky Wagenbaugh, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754, Telephone: 518-402-8879. E-mail: vicky.wagenbaugh@dec.ny.gov

6 NYCRR Part 182: Endangered and Threatened Species of Fish and Wildlife. Statutory authority: ECL - 11-0535. Clarify process and procedures for handling endangered and threatened species in New York. A process to amend and update the Endangered and Threatened Species list has been initiated, but it is not expected that amendments will be made for 2015. Contact: Vicky Wagenbaugh, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754, Telephone: 518-402-8879. E-mail: vicky.wagenbaugh@dec.ny.gov

6 NYCRR Sections 2.30 and 180.10: Migratory game bird hunting and game harvest reporting. Statutory authority: 11-0303, 11-0307, 11-0903, 11-0905, 11-0909, 11-0911, and 11-0917. Regulations conformed migratory game bird hunting regulations to changes in the ECL and clarified and simplified game harvest reporting requirements in order to improve overall compliance with harvest reporting. These regulations were amended in 2013 to allow for an extended Snow Goose season in accordance with federal and flyway management plans for this species. No amendments are planned for 2015 as all regulations are still relevant and in effect. Contact: Vicky Wagenbaugh, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754, Telephone: 518-402-8879. E-mail: vicky.wagenbaugh@dec.ny.gov

6 NYCRR Part 59 State Boat-Launching Sites, Fishing Access Sites and Fishing rights Areas; Part 190 Use of State Lands; Part 19 Use of Bait, Fish for Bait, and Bait Fish; Part 35 Licenses: Statutory Authority ECL 3-0301, 9-0105, 9-1709, 11-0303, 11-0305, 11-0317, 11-1301, 11-1303, 11-0325, 11-1316, 11-2101. Amendments to Parts 59 and 190 allowed people to fish at boat launch and waterway access sites so long as fishing did not interfere with the launch or retrieval of boats, use of boarding docks by boaters, or navigation to and from the launch ramp. No amendments are planned for 2015. Contact: Edward Woltmann, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4753, Telephone: 518-402-8893, E-mail ed.woltmann@dec.ny.gov Amendments to Parts 19 and 35 facilitate use of bait fish by anglers by extending the period of time that purchased bait fish may be used as well as adjusting the list of identified waters where bait fish may be used. Use of bait fish by anglers was reviewed through the implementation of a survey conducted in 2013. No amendments are planned for 2015. Contact: Shaun Keeler, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4753, Telephone: 518-402-8928, E-mail: shaun.keeler@dec.ny.gov

6 NYCRR Part 10 - Sportfishing Regulations. Statutory Authority: ECL 11-0303, 11-0305, 11-0317, 11-1301, 11-1303, 11-1316, and 11-1319. These regulations are amended biannually for the purposes of adjusting the regulations pertaining to the management of freshwater sportfish including appropriate adjustments to freshwater fishing seasons and allowable creel limits & size limits, as well as for gear requirements, the use of baitfish and other requirements related to freshwater angling. The review process also results in eliminating special regulations that are no longer warranted. This rule was amended through the establishment of subsequent sportfishing rules for the 2010 licensing year (effective October 1, 2010), as well as for the 2012 licensing year. Contact: Shaun Keeler, NYS Department of Environmental Conservation, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY 12233-4753, Telephone 518-402-8928. E-mail: shaun.keeler@dec.ny.gov

6 NYCRR Part 10 Sportfishing; Part 11 More Than One Species; Part 35 Licenses; Part 36 Gear and Operation of Gear; and Part 40 Marine Fish. Statutory Authority: ECL sections 11-0303, 11-0305, 11-0315, 11-0317, 11-0319, 11-1301, 11-1303, 11-1305, 13-0105, 13-0339 and 13-0371. The rule closed all commercial and recreational fisheries for American shad in the Hudson River and marine district, and reduced the recreational creel limit for the Delaware stock to protect the Hudson River and Delaware River stocks of American shad. The rule remains in effect to continue to provide protection to the American shad stocks. Contact: Kathy Hattala, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 21 South Putt Corners Road, New Paltz, NY 12561. Telephone: 845-2563071. E-mail: kathy.hattala@dec.ny.gov

6 NYCRR Part 40 Marine Fish. Statutory authority: ECL sections 11-0303, 13-0105, and 13-0340-f. This rule proposed to reduce the recreational fishing season for black sea bass from year round to June 1 through June 30 and September 1 through September 30. This action was necessary for New York to comply with the Atlantic State Marine Fisheries s Commission's (ASMFC) recommendations for black sea bass. However, ASMFC modified its black sea bass management measures; this rule was withdrawn and never adopted. This rule has since been modified in 2010, 2011, 2012, 2013 and 2014 to meet the requirements of the black sea bass fishery management plan as ASMFC seeks to provide for the long-term health of this species and to comply with federal regulations. Contact: Stephen Heins, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 205 North Belle Mead Road, Suite 1, East Setauket, NY 17733. Telephone: 631-444-0435. E-mail: steve.heins@dec.ny.gov

6 NYCRR Part 40 Marine Fish. Statutory authority: ECL sections 11-0303, 13-0105, and 13-0340-c. This rule reduced the winter flounder commercial fishing possession to no more than 50 pounds and the winter flounder recreational fishing possession to no more than 2 fish. This action was necessary to protect this species from further depletion by reducing fishing mortality. The rule will be amended in 2015 to extend the recreational fishing season from April 1 through May 30, to March 1 through December 31. Contact: Stephen Heins, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 205 North Belle Mead Road, Suite 1, East Setauket, NY 17733. Telephone: 631-444-0435. E-mail: steve.heins@dec.ny.gov

6 NYCRR Part 40 Marine Fish and Part 44 Lobster and Crabs. Statutory authority: ECL sections 11-0303, 11-1303, 13-0105, 13-0329, 13-0338, 13-0339-a, and 13-0340-a. This rule making allowed recreational anglers to fish for and land Atlantic cod in New York in accordance with federal rules for the Georges Bank cod fishery and reduced the recreational minimum size limit for haddock from 19 inches to 18 inches. This rule also added a section 40.7 Coastal Sharks to Part 40 that identified which shark species are allowed to be taken in the commercial and recreational fisheries and which species are prohibited, and specified management measures to control shark fishing. This rule will be amended in 2014/2015 to make New York's shark regulations consistent with federal shark regulations. This rule also reduced the recreational possession of weakfish to one fish per angler per day, reduced the commercial daily trip limit to 100 pounds, reduced the commercial bycatch limit to 100 pounds during closed seasons, and specified a 100 undersized fish per trip allowance for the finfish trawl fishery. This rule also increased the size of lobster trap escape vents to correspond to the increased minimum size limit which became effective January 1, 2010. The provisions of this rule are necessary to make New York State regulations for Atlantic cod and haddock consistent with federal rules; to protect the coastal shark populations, maintain a sustainable shark fishery, and for New York to remain in compliance with the Atlantic State Marine Fisheries Commission (ASMFC) fishery management plan (FMP) for coastal sharks; to reduce fishing pressure on the depleted weakfish stock; and to ensure that lobster trap escape vent dimensions are compliant with the ASMFC lobster FMP. Contact: Stephen Heins, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 205 North Belle Mead Road, Suite 1, East Setauket, NY 17733. Telephone: 631-444-0435. E-mail: steve.heins@dec.ny.gov

6 NYCRR Part 40 Marine Fish. Statutory authority: ECL sections 13-0105, 13-0340-b, 13-0340-e and 13-0340-f. This rule increased the recreational season for summer flounder and removed the 17-day mid-season closure established in 2009. This rule reduced the bonus season and the bonus season possession limit for scup for recreational anglers fishing from party and charter boats licensed by DEC. The bonus season is a brief time period when the possession limit for scup is increased to some level, higher than the daily trip limit, but only for anglers aboard party and charter boats licensed by DEC. This rule also reduced the fishing season for black sea bass from all year long to May 22 through October 11 and from November 1 through December 31. All these provisions of this rule were necessary to prevent New York State recreational anglers from exceeding the assigned scup and black sea bass quotas for 2010 and for New York State to remain in compliance with the Atlantic States Marine Fisheries fishery management plan for summer flounder, scup and black sea bass. This rule has since been modified in 2011, 2012, 2013 and 2014 to meet the requirements of the summer flounder, black sea bass, and scup fishery management plan as ASMFC seeks to provide for the long-term health of these species and to comply with federal regulations. Contact: Stephen Heins, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 205 North Belle Mead Road, Suite 1, East Setauket, NY 17733. Telephone: 631-444-0435. E-mail: steve.heins@dec.ny.gov

6 NYCRR Part 41 - Sanitary Condition of Shellfish Lands. Statutory Authority: ECL 13-0307 and 13-0319. This rule making closed portions of shellfish growing areas in Hempstead Bay, Nicoll Bay, Three Mile Harbor, Hog Creek and West Creek for the harvest of shellfish based on recent analyses of bacteriological water quality data from these areas. Shellfish harvested from growing areas that fail to meet bacteriological water quality standards may cause illness in those individuals who consume them. Bacteriological water quality testing is an ongoing task; shellfish lands will be classified as necessary based on the results of the water quality studies. Part 41 will be amended as needed. Contact: William Hastback, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 205 North Belle Mead Road, Suite 1, East Setauket, NY 17733. Telephone: 631-444-0492. E-mail: william.hastback@dec.ny.gov

6 NYCRR Part 41 - Sanitary Condition of Shellfish Lands. Statutory Authority: ECL 13-0307 and 13-0319. This rule making classified portions of shellfish growing areas in Hashamomuck Pond, Mattituck Creek, Flanders Bay, Shinnecock Canal, Patchogue Bay, and Oyster Bay Harbor as seasonally certified (open for limited times of year) for the harvest of shellfish based on recent analyses of bacteriological water quality data from these areas. The reclassification of these areas will result in a financial benefit for commercial fisherman and increased opportunities for recreational shellfish harvesters. Bacteriological water quality testing is an ongoing task; shellfish lands will be classified as necessary based on the results of the water quality studies. Part 41 will be amended as needed. Contact: William Hastback, NYS Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 205 North Belle Mead Road, Suite 1, East Setauket, NY 17733. Telephone: 631-444-0492. E-mail: william.hastback@dec.ny.gov

Division of Lands and Forests

6 NYCRR Part 190, Use of State Lands. Environmental Conservation Law sections,
1-0101(3)(b), 3-0301(1)(b), 3-0301(2)(m), 9-0105(1), 9-0105(3), 45-0111(6) and 45-0117(2)(n). This regulation is needed since it protects the public safety and the natural resources on the Zoar Valley Multiple Use Area, including the Zoar Valley Unique Area. No amendments to this regulation are planned for the coming year, since implementation has been satisfactory. There is no need for the Department to modify this regulation.

6 NYCRR Part 190, Use of State Lands. Environmental Conservation Law sections,
1-0101(3)(b), 3-0301(1)(b), 9-0105(1), 3-0301(2)(m) and 9-0105(3). This regulation is needed since it protects public safety and the natural resources on the Salmon River Falls Unique Area. No amendments to this regulation are planned for the coming year since implementation has been satisfactory. There is no need for the Department to modify this regulation.

6 NYCRR Part 190, Use of State Lands, Hemlock- Canadice State Forest. Environmental Conservation Law sections, 1-0101(1), 1-0101(3)(b), 3-0301(1)(b), 3-0301(2)(m), 3-0301(2)(v), 9-0105(1) and 9-0105(3). This emergency rulemaking was adopted for the preservation of public health, safety and general welfare, because of the need to protect water quality and allow responsible public use of Hemlock-Canadice Lakes and the lands surrounding the lakes immediately upon State acquisition. Once the permanent regulation became effective, the emergency rulemaking was allowed to expire.

6 NYCRR Part 190, Use of State Lands, Hemlock- Canadice State Forest. Environmental Conservation Law sections, 1-0101(1), 1-0101(3)(b), 3-0301(1), 3-0301(1)(b), 3-0301(2)(m), 3-0301(2)(v), 9-0105(1) and 9-0105(3). This regulation is needed to control public use and safety and to protect watershed values and natural resources. No amendments to this regulation are planned for the coming year since implementation has been satisfactory. There is no need for the Department to modify this regulation.

Contact: Linda Kashdan-Schrom, NYS Department of Environmental Conservation, Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4250 Telephone: (518) 402-9405
E-mail: linda.kashdan@dec.ny.gov Please include the Part number when emailing.

This review was compiled, edited and submitted by:

Pamela S. Hadad-Hurst
New York State Department of Environmental Conservation
625 Broadway
Albany, NY 12233-1010
Telephone 518-402-8549
E-mail: pamela.hadadhurst@dec.ny.gov

The NYS Department of Environmental Conservation Regulatory Agenda was published in the January 7, 2015 issue of the State Register.

Last updated 1/7/2015