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 41 - Sanitary Conditions of Shellfish Lands (2021)
This rulemaking is necessary for the preservation of the public health. ECL section 13-0307 requires that the Department examine shellfish lands and certify those that are in such sanitary condition that shellfish may be taken and used as food; all other lands must be designated as uncertified. Shellfish harvested from areas that do not meet the bacteriological standards for certified shellfish lands have an increased potential to cause illness in shellfish consumers. Closing areas that do not meet criteria for certified shellfish lands protects the public health. This regulation will also clarify descriptions for enforcement purposes.
- 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 will be published in issue 49 of the State Register, dated December 8, 2021.
Comment period is open through February 7, 2022.
Send comments to:
Zachary Schuller
NYS DEC - Division of Marine Resources
123 Kings Park Boulevard
Kings Park, NY 11754
Phone: (631) 380-3314
E-mail: zachary.schuller@dec.ny.gov Subject: Shellfish Closures
6 NYCRR Part 50 - Whelk
The rule would establish a minimum size limit of five and one-half inches shell length or three inches shell width, require the use of bait bags, establish gear marking, buoy line, pot size and daytime hauling requirements and restrict the placement of whelk pots near navigation channels. In addition, the proposed rule clarifies that marine and coastal district food fish and crustacea dealers and shippers license holders must report purchases of marine food fish, crustacea, horseshoe crabs and whelks from harvesters consistent with requirements currently in place in 6 NYCRR Parts 40 and 44.
- 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 will be published in issue 16 of the State Register, dated April 21, 2021.
Comment period is closed.
Emergency Regulations
6 NYCRR Part 41 - Sanitary Conditions of Shellfish Lands (2021)
This rulemaking is necessary for the preservation of the public health. ECL section 13-0307 requires that the Department examine shellfish lands and certify those that are in such sanitary condition that shellfish may be taken and used as food; all other lands must be designated as uncertified. Shellfish harvested from areas that do not meet the bacteriological standards for certified shellfish lands have an increased potential to cause illness in shellfish consumers. Closing areas that do not meet criteria for certified shellfish lands protects the public health. This regulation will also clarify descriptions for enforcement purposes.
- 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 will be published in issue 49 of the State Register, dated December 8, 2021.
Recently Adopted Regulations
6 NYCRR Part 10, Part 19 & Part 40 - Striped Bass Circle Hooks Revision
The rule would require the use of circle hooks while recreationally fishing for striped bass when using bait.
- 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 July 14, 2021. Effective on April 21, 2021.
6 NYCRR Part 41 - Sanitary Condition of Shellfish Lands (2020)
This rulemaking is necessary to prevent the harvest of shellfish from areas that do not meet water quality standards and to protect the public health. This rulemaking also increases opportunities for shellfish harvest from areas whose water quality now meets the standards.
- 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 February 24, 2021. Effective on October 1, 2020.
6 NYCRR Part 40 - Marine Fish - Commercial Tautog Tagging Program
The proposed rule amends management strategies for tautog, to require commercial tautog tagging.
- 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 January 27, 2021. Effective on March 25, 2020.
6 NYCRR Part 40 - Marine Fish - Cooperative Multi-State Possession and Landing Program
This rulemaking establishes a Cooperative Multi-State Possession and Landing Program that will allow eligible commercial fishermen to: (1) possess weekly limits for quota-managed species for multiple cooperating states (NY, CT, RI) onboard the vessel simultaneously while fishing, transiting or landing, and (2) in one trip, land their weekly limits with the cooperating states.
- 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 December 9, 2020. Effective on January 14, 2020.
6 NYCRR Part 40 Marine Fish - Recreational Bluefish
This rulemaking amends recreational fishing limits for bluefish. This rule sets limits at 3 fish per day for private anglers and shore-based fishers and 5 fish per day for anglers fishing from for-hire vessels.
- 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 September 30, 2020. Effective on May 8, 2020.
6 NYCRR Part 10 Sportfishing Regulations & Part 40 Marine Fish: Striped Bass
This rulemaking amends the current commercial and recreational size limit restrictions for Atlantic striped bass to remain in compliance with the Atlantic States Marine Fisheries Commission's (ASMFC) FMP for Atlantic Striped Bass. The new management measures adopted by ASMFC require that Atlantic striped bass fish removals be reduced by at least 18 percent, as specified in Addendum VI to Amendment 6 of ASMFC's FMP for Atlantic Striped Bass.
- 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 August 19, 2020. Effective on March 31, 2020.
6 NYCRR Part 40 - Marine Fish - Shark, Squid, Cod
This rulemaking amends management strategies for sharks, squid and Atlantic cod. Specifically, the rule (1) increases the recreational size limit for shortfin mako sharks from 54" Fork Length (FL) for both sexes to 71" FL for males and 83" FL for females; (2) prohibits both the commercial and recreational possession of blacknose sharks; (3) sets commercial possession limit for Atlantic cod at 50 pounds per day; (4) decreases the commercial size limit for Atlantic cod from 22" to 19" and decreases the recreational minimum size for Atlantic cod from 22" to 21"; (5) allows commercial trip and possession limits for Illex and longfin squid to be established by future directives from the Department.
- 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 July 22, 2020. Effective on March 3, 2020.
More about Marine Resources Regulatory Revisions:
- 6 NYCRR Part 41 - Sanitary Condition of Shellfish Lands (2021) - Express Terms - Proposed Regulation for 6NYCRR Part 40 - Marine Fish - Recreational Scup
- 6 NYCRR Part 41 - Sanitary Condition of Shellfish Lands (2021) RIS - Part 40 Marine Fish - Multi-State Possession Limit - Regulatory Impact Statement
- Part 50 Whelk - Express Terms - Proposed Regulations for Part 44 - Jonah Crab - Express Terms
- Part 50 Whelk - Regulatory Impact Statement - The full text of the regulatory changes for 6 NYCRR Part 40 - Striped Bass
- 6 NYCRR Part 10, 19 & 40 - Striped Bass Circle Hooks Revision - Express Terms - Proposed Regulation of 6YNCRR Part 40 - Marine Fish - Sharks, Squid, Cod - Regulatory Impact Statement.
- Part 40 Marine Fish - Commercial Tautog Tagging - Express Terms - The full text of the regulatory changes for the bay scallop size limits.
- Part 40 Marine Fish - Multi-State Possession Limit - Express Terms - Part 40 Marine Fish - Multi-State Possession Limit - Express Terms
- Part 40 Marine Fish - Recreational Bluefish - Express Terms - Proposed Regulation for Part 40 - Commercial Scup - Regulatory Impact Statement
- Part 10 Sportfishing Regulations & Part 40 Marine Fish: Striped Bass - Express Terms - Proposed Regulations for 6NYCRR Part 41 - Sanitary Condition of Shellfish Lands - Express Terms
- Part 40 Marine Fish (Sharks, Squid, Cod) - Proposed regulations for 6NYCRR Part 40 - Marine Fish - Shark, Squid, Cod
- Part 40- Commercial Scup - Express Terms - Proposed Regulations for 6NYCRR Part 40 - Commercial Scup - Express Terms.
- Part 41 Sanitary Condition of Shellfish Lands (2020) - Express Terms - This is the full text of the changes to Part 41 - Sanitary Condition of Shellfish Lands.
- Part 41 - Sanitary Condition of Shellfish Lands (2020) - Regulatory Impact Statement - Text of the Regulatory Impact Statement for Part 41 Sanitary Condition of Shellfish Lands.
