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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, 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. Parts 10, 11, 19, 36, 37 and 40 - Sportfishing, Use of Bait, Gear, Prohibited Sale of Certain Fish, and Marine Fish (American eel) - This rulemaking is necessary to reduce fishing mortality of American eel in order to promote stable fish populations, and to remain in compliance with the ASMFC. Comments will be accepted through September 1, 2014.
  2. 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. Comments will be accepted through November 4, 2014.

Proposed Regulations Pending (Public Comment Period Closed)

  1. Part 1, Section 1.31 - Hunting Black Bear - This rulemaking is necessary to expand bear hunting opportunities and increase harvests to help stabilize or reduce populations.
  2. Part 1 - Single Species and Part 2 - More Than One Species (Hunting with Crossbows) - This rulemaking is necessary to authorize use of a crossbow during certain big and small game hunting seasons.
  3. Part 41, Section 41.3 - Sanitary Condition of Shellfish Lands - This rulemaking is necessary to reclassify underwater lands to prohibit the harvest of shellfish.
  4. Part 570, Liquefied Natural Gas - The Department proposed the addition of Part 570 to 6 NYCRR to establish a permitting program for the safe siting, construction, and operation of liquefied natural gas (LNG) facilities and transportation of LNG in New York State as required in Article 23, Title 17 of the Environmental Conservation Law.
  5. Part 575 Prohibited and Regulated Invasive Species - 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.
  6. 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.

Recently Adopted Regulations (Previous Twelve Months)

  1. 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.
  2. 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).
  3. 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.
  4. 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.
  5. Part 41, Sanitary Condition of Shellfish Lands - adopted January 29, 2014. This rulemaking was necessary to reclassify underwater lands to prohibit the harvest of shellfish.
  6. Part 242, CO2 Budget Trading Program - effective January 1, 2014. The Department has adopted the revisions to Part 242, CO2 Budget Trading Program and Part 200, General Provisions. The revisions to Part 242 implement the reduction in the CO2 emissions cap and other updates to the Regional Greenhouse Gas Initiative.
  7. Part 40, Section 40.1 - Marine Fish - Open Seasons, Size and Catch Limits (Atlantic Menhaden) - adopted October 16, 2013. This rulemaking was necessary to implement Amendment 2 of the Atlantic States Marine Fisheries Commission (ASMFC) Atlantic Menhaden Fishery Management Plan (FMP) to decrease harvest by 20 percent in order to end overfishing on the stock and remain in compliance with the plan.
  8. Part 40, Section 40.1 - Marine Fish - Open Seasons, Size and Catch Limits (Summer Flounder Fluke, Scup 'Porgy', Black Sea Bass) - adopted July 24, 2013. This rulemaking was necessary to maximize recreational angler opportunities for popular finfish species while staying in compliance with the ASMFC and MAFMC.
  9. Part 240 - Transportation Conformity - adopted September 4, 2013. The Department has adopted the repeal of existing Part 240, Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Laws and has replaced it with a new Part 240. The Department has also simultaneously revised Part 200 in relation to the new Part 240.

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