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Proposed Regulations

DEC's Proposed, Emergency, and Recently Adopted Regulations

This page lists the rules and regulations that have been proposed by the New York State Department of Environmental Conservation (DEC), and on emergency and recently adopted regulations that have been adopted by the Department. Details for each proposal or adoption can be found on web pages for each division that are linked from the left column of this page. Please check back often as this page will be updated whenever new regulations are proposed.

Underlines contained in the text of proposed regulations denote new material. Brackets [ ] indicate material to be deleted.

Proposed Regulations Available for Public Comment

  1. Part 10 - Sportfishing Regulations and Part 40 - Marine Fish (Striped Bass) - This rulemaking is necessary to reduce fishing mortality of striped bass to promote stable fish populations, and to remain in compliance with the ASMFC FMP.Comments will be accepted through May 18, 2015.

Proposed Regulations Pending (Public Comment Period Closed)

  1. Part 44, Section 44.1 - Lobsters - This rulemaking is necessary to implement ASMFC American Lobster Fishery Management Plan Addendum XVII and allow the lobster stock to rebuild.
  2. Part 1, Sections 1.11 and 1.24 - Deer Hunting Seasons; Special Seasons for Deer of Either Sex in Suffolk County - This rulemaking is necessary to expand and simplify deer hunting seasons and regulations in Suffolk County.
  3. Part 40 - Marine Fish - Open Seasons, Size and Catch Limits (Winter Flounder) - This rulemaking is necessary to extend the recreational winter flounder fishing open season from April 1 - May 30 to March 1 - December 31.
  4. Part 40, Section 40.7 - Coastal Sharks - Open Seasons, Size and Catch Limits - This rulemaking is necessary to make state regulations consistent with federal rules and maintain compliance with the ASMFC Interstate FMP for coastal sharks.
  5. Part 212 - Process Operations - DEC is proposing to repeal and replace Part 212 to streamline and update its provisions.
  6. Parts 595-599, 612-614, 370, 374-2 - Bulk Storage of Petroleum and Chemicals; and Management of Used Oil - These regulations are being revised to reflect changes in State laws and federal laws and regulations.
  7. Parts 701 and 703 - Class I and Class SD Waters - This rulemaking is necessary to meet the "swimmable" goal of the federal Clean Water Act.
  8. High-Volume Hydraulic Fracturing (HVHF): Parts 52 and 190: Lands and Forests, Fish, Wildlife and Marine Resources; Parts 550-556 and 560: Mineral Resources; Sub-parts 750-1 and 750-3: Water Resources - DEC filed a Notice of Continuation under the State Administrative Procedure Act that extends the rulemaking process for ninety days.

Emergency Regulatory Actions

  1. Part 10 - Sportfishing Regulations and Part 40 - Marine Fish (Striped Bass) - adopted March 17, 2015; expires June 15, 2015. This rulemaking is necessary to reduce fishing mortality of striped bass to promote stable fish populations, and to remain in compliance with the ASMFC FMP.
  2. Part 44, Section 44.1 - Lobsters - adopted January 30, 2015; expires April 29, 2015. This rulemaking is necessary to implement ASMFC American Lobster Fishery Management Plan Addendum XVII and allow the lobster stock to rebuild.
  3. Part 49, Section 49.1 - Bay Scallops (Argopecten irradians) - adopted March 27, 2015; expires June 25, 2015. This rulemaking is necessary to provide additional harvesting opportunities to commercial bay scallop harvesters due to extreme winter conditions this year.

Recently Adopted Regulations (Previous Twelve Months)

  1. Parts 10, 18, 19 and 35 - Sportfishing Regulations;Taking Bait; Use of Bait, Fish for Bait, and Bait Fish; Licenses - adopted March 11, 2015; effective April 1, 2015. This rulemaking was necessary to revise sportfishing regulations and associated activities including the commercial collection, sale and use of baitfish.
  2. Part 189 - Chronic Wasting Disease - adopted February 11, 2015. This rulemaking was necessary to prevent importation of chronic wasting disease infectious material from the State of Ohio into New York.
  3. Part 570 - Liquefied Natural Gas - effective February 26, 2015. The addition of Part 570 to 6 NYCRR establishes a permitting program for the safe siting, construction and operation of liquefied natural gas (LNG) facilities and transportation of LNG in New York State.
  4. Parts 10, 11, 19, 36, 37 and 40 - Sportfishing, Use of Bait, Gear, Prohibited Sale of Certain Fish, and Marine Fish (American eel) - adopted December 10, 2014. This rulemaking was necessary to reduce fishing mortality of American eel in order to promote stable fish populations, and to remain in compliance with the ASMFC.
  5. Part 41, Section 41.3 - Sanitary Condition of Shellfish Lands - adopted September 24, 2014. This rulemaking was necessary to reclassify underwater lands to prohibit the harvest of shellfish.
  6. Part 227-3 - Nitrogen Oxides (NOx) Emissions Budget and Allowance Program, Part 237 - Acid Deposition Reduction NOx Budget Trading Program, Part 238 - Acid Deposition Reduction SO2 Budget Trading Program, and Part 200 - General Provisions - effective October 5, 2014. The Department promulgated Parts 227-3, 237, and 238 to reduce the amount of NOx and SO2 emitted from large, fossil fuel-fired stationary sources.
  7. Part 200.1 - Definitions - effective September 17, 2014. The definition of "nonattainment area" was revised, keeping New York's Designation status up-to-date with the official designation status contained in Section 81.333 of Title 40 of the Code of Federal regulations.
  8. Part 1 - Single Species and Part 2 - More Than One Species (Hunting with Crossbows) - adopted August 27, 2014. This rulemaking was necessary to authorize use of a crossbow during certain big and small game hunting seasons.
  9. Part 1, Section 1.31 - Hunting Black Bear - adopted August 6, 2014. This rulemaking was necessary to expand bear hunting opportunities and increase harvests to help stabilize or reduce populations.
  10. Part 575 Prohibited and Regulated Invasive Species - adopted July 28, 2014; effective March 10, 2015. The purpose of this rulemaking is to to help control invasive species, a form of biological pollution, by reducing the introduction of new and spread of existing populations, thereby having a positive impact on the environment. The final regulations will be published in the State Register September 10, and become effective 6 months thereafter.
  11. Part 40, Section 40.1 - Marine Fish - Open Seasons, Size and Catch Limits (Summer Flounder {Fluke}, and Black Sea Bass) - adopted July 23, 2014. This rulemaking was necessary to maximize recreational angler opportunities for popular finfish species while staying in compliance with the ASMFC.
  12. Part 482-2 - Operating Program Fees - effective June 18, 2014. This regulation establishes the fee to be paid by all facilities that are subject to the requirements of Title V of the Federal Clean Air Act (Act).
  13. Part 59, Section 59.4, Part 190, Section 190.24 - Aquatic Invasive Species Control at State Boat Launching and Fishing Access Sites - adopted June 4, 2014. This rulemaking was necessary to prevent boats carrying visible invasive species from launching at DEC facilities or leaving these facilities.
  14. Part 180, Section 180.12 - Eurasian Boar - adopted April 23, 2014. This rulemaking was necessary to prohibit the taking of Eurasian boars by hunting or trapping in order to support eradication efforts of USDA and DEC.

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