Marine Resources Regulatory Revisions
Proposed, Emergency and Recently Adopted Regulations
Proposed Regulations
State residents, stakeholders, and regulated parties have the opportunity to comment on proposed regulations. Information on how to comment on proposed fish and wildlife regulations is available online.
6 NYCRR Part 40 - Commercial Scup
This rulemaking is necessary to implement the required measures to remain consistent with National Oceanic and Atmospheric Administration Fisheries regulations.
- Text of Rule - Underlined wording found in the text of the express terms is material to be added to the regulations. Wording found within brackets [ ] is material to be deleted.
- Regulatory Impact Statement
This notice was published in issue 18 of the State Register, dated May 1, 2019.
Comments will be accepted from May 1, 2019 through July 1, 2019.
Send comments to:
Gina Fanelli
NYSDEC - Division of Marine Resources
205 North Belle Mead Road, Suite 1
East Setauket, NY 11733
Phone: 631-444-0476
Email: gina.fanelli@dec.ny.gov
Emergency Regulations
6 NYCRR Part 40 - Commercial Scup
This rulemaking is necessary to implement the required measures to remain consistent with National Oceanic and Atmospheric Administration Fisheries regulations.
- Text of Rule - Underlined wording found in the text of the express terms is material to be added to the regulations. Wording found within brackets [ ] is material to be deleted.
- Regulatory Impact Statement
This notice was published in issue 18 of the State Register, dated May 1, 2019.
Comments will be accepted from May 1, 2019 through July 1, 2019.
Send comments to:
Gina Fanelli
NYSDEC - Division of Marine Resources
205 North Belle Mead Road, Suite 1
East Setauket, NY 11733
Phone: 631-444-0476
Email: gina.fanelli@dec.ny.gov
Recently Adopted Regulations
6 NYCRR Part 44 - Jonah Crab
This rulemaking is necessary to implement the required measures of the Atlantic States Marine Fisheries Commission Jonah Crab Fishery Management Plan.
- Text of Rule - Underlined wording found in the text of the express terms is material to be added to the regulations. Wording found within brackets [ ] is material to be deleted.
Adopted on June 5, 2019. Effective on June 5, 2019.
6 NYCRR Part 40 - Striped Bass
This rulemaking proposes to open the commercial striped bass season two weeks earlier. There will be no changes to the commercial striped bass quota.
- Text of Rule - Underlined wording found in the text of the express terms is material to be added to the regulations. Wording found within brackets [ ] is material to be deleted.
Adopted on May 15, 2019. Effective on May 15, 2019.
6 NYCRR Part 41 - Sanitary Condition of Shellfish Lands
This rulemaking is necessary to prevent the harvest of shellfish from areas that do not meet water quality standard and protect the public health. This rulemaking also increases opportunities for shellfish harvest from areas whose water quality now meets the standards.
- Text of Proposed Regulation - Underlined wording found in the text of the express terms is material to be added to the regulations. Wording found within brackets [ ] is material to be deleted.
Adopted on November 14, 2018. Effective on November 14, 2018.
6 NYCRR Part 40 - Black Sea Bass
This rulemaking is in response to changes required by the Atlantic States Marine Fisheries Commission's Fishery Management Plan for Black Sea Bass. This notice was notice was adopted by emergency regulation and went into effect on June 20, 2018. Please see Emergency Regulations below.
- Text of Regulation - Underlined wording found in the text of the express terms is material to be added to the regulations. Wording found within brackets [ ] is the material to be deleted.
Adopted on November 14, 2018. Effective on June 20, 2018.
6 NYCRR Part 44 - Lobster
This rule making is necessary to reduce the economic burden on New York State licensed lobster harvesters who are unable to take lobsters for four months each year due to the closed seasons in Lobster Management Areas (LMA) 4 and 6. Current regulations prevent lobster permit holders who have lobster trap allocations in both LMAs 4 and 6 from fishing when either areas is closed. The closures in LMAs 4 and 6 total four months each year, causing a significant economic hardship for local lobster harvesters. Additionally, New York State lobster permit holders who have trap allocations in LMAs 4 and 6 are subject to more restrictive regulations than those who hold permits in other LMAs that are off other states. Therefore, the protection of the general welfare compels the department to repeal this rule to expand fishing opportunities and ensure the equitable treatment of New York State lobster permit holders.
- Text of Regulation- Underlined wording found in the text of the express terms is material to be added to the regulations. Wording found within brackets [ ] is material to be deleted.
Adopted on September 5, 2018. Effective on April 26, 2018.
6 NYCRR Part 43 - Non-Atlantic Surfclam
This rule making was necessary to modify the permit requirements for the surfclam fishery in New York State waters outside the Atlantic Ocean. The rule making was filed as a consensus rule making; DEC seeks to reduce the paperwork burden on permit holders and streamline the permitting process.
Text of Regulation - Underlined wording found in the text of the express terms is material to be added to the regulations. Wording found within brackets [ ] is the material to be deleted.
Adopted on May 2, 2018. Effective on May 2, 2018.
6 NYCRR Part 49 - Bay Scallops
This rule making is necessary to clarify the current size limit provisions in regulation for taking of bay scallops. This proposal will amend Section 49.1 to clarify the legal-size limit in regulation for the taking of bay scallops which requires that only those scallops measuring no less than 2 ¼ inches from the middle of the hinge to the middle of the bill and having an annual growth line may be taken. This regulation is needed to eliminate any confusion for commercial and recreational shellfish harvesters. This proposed consensus regulation will not change the size limit for the taking of bay scallops but will only provide clearer language to make it consistent with the legal-size limit established by law in 2005. This rule making ensures adequate protection of juvenile bay scallops to allow them to spawn at least once prior to harvest which is needed to support a sustainable bay scallop population and fishery.
- Text of Regulation - Underlined wording found in the text of the express terms is material to be added to the regulations. Wording found within brackets [ ] is the material to be deleted.
Adopted on April 25, 2018. Effective on April 25, 2018.
More about Marine Resources Regulatory Revisions:
- Part 40 Striped Bass Express Terms - The full text of the regulatory changes for 6 NYCRR Part 40 - Striped Bass
- Part 40 Striped Bass RIS - 6NYCRR Part 40 - Striped bass - Regulatory Impact Statement
- Part 44 Jonah Crab - Express Terms - Proposed Regulations for Part 44 - Jonah Crab - Express Terms
- Part 44 - Jonah Crab - Regulatory Impact Statement - Regulatory Impact Statement for Part 44 - Jonah Crab
- Part 40 - Commercial Scup - Regulatory Impact Statement - Proposed Regulation for Part 40 - Commercial Scup - Regulatory Impact Statement
- Part 40- Commercial Scup - Express Terms - Proposed Regulations for 6NYCRR Part 40 - Commercial Scup - Express Terms.
- Part 41 - Sanitary Condition of Shellfish Lands Express Terms - Proposed Regulations for 6NYCRR Part 41 - Sanitary Condition of Shellfish Lands - Express Terms
- Part 40 - Black Sea Bass- Express Terms - Changes to the recreational saltwater fishing limits.
- Part 44 Lobster Express Terms - Proposed Rule Making for 6NYCRR Part 44 Lobster - Express Terms
- Part 40 Tautog Express Terms - Proposed regulations for 6NYCRR Part 40 - Tautog - Express Terms
- Part 40 Summer Flounder and Scup Express Terms - Proposed Regulation for 6NYCRR Part 40 - Summer Flounder and Scup - Express Terms
- Part 43 - Non-Atlantic Surfclam - Express Terms - Text of the proposed rulemaking for Part 43 Non-Atlantic Surfclams.
- Part 49 Bay Scallops - Express Terms - The full text of the regulatory changes for the bay scallop size limits.
