Part 19, Sect. 2 - Use of Bait, Fish for Bait, and Bait Fish; Part 35, Sect. 3 and 4 - Licenses; Part 59, Sect. 1 - State Boat Launching Sites, Fishing-Access Sites and Fishing Rights Areas; and Part 190, Sect. 24 - Use of State Lands - Reg. Impact State.
Regulatory Impact Statement
1. Statutory Authority
Section 3-0301 of the Environmental Conservation Law (ECL) establishes the general functions, powers and duties of the Department of Environmental Conservation (DEC or department) and the Commissioner, including general authority to adopt regulations. Sections 9-0105, 11-0303 and 11-0305 of the ECL authorize the department to provide for the management and protection of the State's fisheries resources, taking into consideration ecological factors, public safety, and the safety and protection of private property. Section 9-0105 of the ECL exercises care, custody, and control of several preserves, parks and other State lands. Sections 11-1301 and 11-1303 of the ECL empower the department to fix by regulation open seasons, size and catch limits, and the manner of taking of all species of fish, except certain species of marine fish (listed in section 13-0339 of the ECL), in all waters of the State. Section 11-0317 of the ECL empowers the department to adopt regulations, after consultation with the appropriate agencies of the neighboring states and the Province of Ontario, establishing open seasons, minimum size limits, manner of taking, and creel and seasonal limits for the taking of fish in the waters of Lake Erie, Lake Ontario, the Niagara River and the St. Lawrence River. Section 11-1316 of the ECL empowers the department to designate by regulation waters in which the use of bait fish is prohibited. The Commissioner of the Department of Environmental Conservation, pursuant to ECL sections 3-0301, 11-0303, and 11-0305, has authority to protect the fish and wildlife resources of New York State. Environmental Conservation Law section 11-0325 provides the department the authority to take action necessary to protect fish and wildlife from dangerous diseases.
Section 11-2101 of the ECL empowers the department to adopt regulations for the use of State-owned boat-launching sites and State-owned boat-access sites.
2. Legislative Objectives
Placing restrictions on the possession, sale and use of bait is part of comprehensive effort towards protecting against the spread of pathogens from the movement of fish between water bodies. Putting in place restrictions on the use of bait fish that can be used throughout the State (i.e. establishing a green list) is an effort to protect against: the spread of disease, introduction of exotics, and use of rare fish species (e.g. members of the minnow family) as bait. The authority for these actions (i.e. to protect fish and wildlife from dangerous diseases) is cited above. Also cited above are the sections of the ECL that provide the authority to provide for the management and protection of the State's fisheries resources: fix by regulation open seasons, size and catch limits, regulate the manner of taking of all species of fish (except certain species of marine fish) including restricting the use of bait fish. The management amendments proposed here will reduce earlier restrictions established for the use of bait fish as well as allow for the additional use of bait fish in some waters, both while still safeguarding the resource from dangerous diseases.
Expanding upon the activities that can be provided for at State-owned boat-launching sites and State-owned boat-access sites is within the authority of the department to adopt regulations for the use of these sites, and will provide angling opportunity and benefit angler use of these State boat-launch and State boat-access sites.
3. Needs and Benefits
Adding to the list of waters where certain bait fish species may be used (Part 19) will provide for additional opportunities for anglers to use bait fish, a common practice in freshwater fishing. It has been a common practice of anglers to use smelt and/or alewife at these specific waters, and allowing their use presents no danger to the fishery. Amending Part 35 will accommodate anglers using bait fish by extending the time period that required receipts are valid and purchased bait fish can be possessed. This will enable anglers to hold and utilize bait longer including over two consecutive weekends.
Pertaining to the use of DEC boat launch facilities, use of these facilities for fishing and for ice fishing access are currently not permitted under department regulations. Originally prohibited to avoid conflicts with boaters, many of these boat launch and fishing access sites have sufficient space to allow for both uses without conflict. Use of these sites for ice fishing access is also restricted, despite the fact that conflicts with boaters would not occur during the ice fishing season. This amendment will allow for fishing and for ice fishing access at DEC boat launch facilities. Secondly, the department's ability to post sites against fishing should it be determined that it is incompatible with the primary use of the site as a boating access facility is provided for.
4. Costs
Enactment of the rules and regulations described herein will not result in increased expenditures by the State, local governments, or the general public.
5. Local Government Mandates
These amendments of 6 NYCRR will not impose any programs, services, duties or responsibilities upon any county, city, town, village, school district, or fire district, nor will this rule, pursuant to Executive Order 17, impose any mandates upon local governments.
6. Paperwork
No additional paperwork will be required as a result of these proposed changes in regulations.
7. Duplication
There are no other State or federal regulations which govern the use of bait fish in New York or pertain to allowable uses of State boat launch sites.
8. Alternatives
The primary alternative to the proposed regulations would be to retain current regulations pertaining to the use of bait fish and the use of State-owned boat-launching sites and State-owned boat-access sites. In the absence of the proposed changes, opportunities to enhance the quality or public use and enjoyment of fisheries may be deferred or lost.
9. Federal Standards
There are no minimum federal standards that apply to the regulation of bait fish or use of State boat launch sites.
10. Compliance Schedule
These regulations, if adopted, will be in effect upon adoption.
