Marine Resources Regulatory Revisions
Proposed, Emergency and Recently Adopted Regulations
State residents, stakeholders, and regulated parties have the opportunity to comment on proposed regulations. Comments must be made in writing and must be submitted according to the instructions provided for each proposal. Address your comments to the agency representative whose name and address appears below.
Proposed Regulations
To submit your comments on a proposed rule, use the mailing address or email provided with each proposal listed.
6 NYCRR Part 40 - Marine Fish (Striped Bass)
This rulemaking is required to ensure that New York maintains compliance and consistency with requirements of the Atlantic States Marine Fisheries Commission's (ASMFC) Interstate Fishery Management Plan (FMP) for Atlantic striped bass. The FMP requires that states adopt a prohibition on the use of gaffs when fishing for striped bass during the recreational season. This rulemaking also removes the commercial tag price cap and updates federal reporting requirements.
- Text of Proposed Regulation (PDF) - Underlines contained in the text denote new material. Brackets [ ] indicate material to be deleted.
- Regulatory Impact Statement (PDF) - provides background and additional information.
Comment period is open through May 22, 2023.
Written comments can be submitted to:
Caitlin Craig
DEC Division of Marine Resources
123 Kings Park Blvd.
Kings Park, NY 11754
Email: caitlin.craig@dec.ny.gov
6 NYCRR Parts 10 and 40 - Shad and Cobia
This rulemaking is required to maintain New York's consistency with fishery management plans for transboundary and migratory species as required by Environmental Conservation Law (ECL) § 13-0105. This rule making will implement Atlantic States Marine Fisheries Commission (ASMFC) requirements for recreational American Shad and Cobia.
- Text of Proposed Regulation (PDF) - Underlines contained in the text denote new material. Brackets [ ] indicate material to be deleted.
- Regulatory Impact Statement (PDF) - provides background and additional information.
Comment period is open through May 8, 2023.
Written comments can be submitted to:
John Maniscalco
DEC Division of Marine Resources
123 Kings Park Blvd.
Kings Park, NY 11754
Email: john.maniscalco@dec.ny.gov
6 NYCRR Part 39 and Part 175 - Special licenses and permits; Marine Resources licenses and permits - Uniform Procedures
This rulemaking adds Part 39 and amends Part 175 to clarify the processes for issuance and management of marine resources and special fish and wildlife licenses and permits. In addition, the proposed Part 39 establishes the process by which the Department may temporarily suspend a shellfish dealer permit where violations by the permit holder present a danger to human health.
Comment period is closed.
Emergency Regulations
6 NYCRR Part 40 - Marine Fish (Striped Bass)
This rulemaking is required to ensure that New York maintains compliance and consistency with requirements of the Atlantic States Marine Fisheries Commission's (ASMFC) Interstate Fishery Management Plan (FMP) for Atlantic striped bass. The FMP requires that states adopt a prohibition on the use of gaffs when fishing for striped bass during the recreational season. This rulemaking also removes the commercial tag price cap and updates federal reporting requirements.
- Text of Proposed Regulation (PDF) - Underlines contained in the text denote new material. Brackets [ ] indicate material to be deleted.
- Regulatory Impact Statement (PDF) - provides background and additional information.
The Emergency Rule went into effect on March 7, 2023, and will remain in effect for 90 days.
Recently Adopted Regulations
6 NYCRR Part 40 - Shortfin Mako
This rulemaking will prohibit possession of shortfin mako (Isurus oxyrinchus) in New York's recreational and commercial fisheries. This rulemaking must be adopted as soon as possible for New York to remain in compliance with Atlantic States Marine Fisheries Commission (ASMFC) requirements by closing New York waters to shortfin mako harvest.
- 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 14, 2022. Effective on July 26, 2022.
6 NYCRR Part 41 - Sanitary Conditions of Shellfish Lands (2022)
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.
Adopted on November 16, 2022. Effective on June 27, 2022.
6 NYCRR Part 40 - Marine Fisheries - Black Sea Bass and Scup
This rulemaking adopts new recreational regulations for black sea bass and scup to remain in compliance with the Atlantic States Marine Fisheries Commission (ASMFC) and Mid-Atlantic Fishery Management Council (MAFMC) fishery management plans.
- 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 November 9, 2022. Effective on June 21, 2022.
6 NYCRR Part 40 - Marine Fisheries - Summer Flounder
This rulemaking adopts less restrictive recreational harvest recreational fishing requirements for summer flounder.
- 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 21, 2022. Effective on April 28, 2022.
6 NYCRR Part 50 - Whelk
The rule establishes a minimum size limit of five and one-half inches shell length or three inches shell width, requires the use of bait bags, establishes gear marking, buoy line, pot size and daytime hauling requirements and restrict the placement of whelk pots near navigation channels. In addition, the 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.
Adopted on May 11, 2022. Effective on May 11, 2022.
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.
Adopted on April 13, 2022. Effective on December 8, 2021.
More about Marine Resources Regulatory Revisions:
- Part 40 Shortfin Mako - Express Terms - Express Terms of Rulemaking of 6YNCRR Part 40 Shortfin Mako.
- Part 41 Sanitary Condition of Shellfish Lands (Spring 2022) - Express Terms - This is the full text of the changes to Part 41 - Sanitary Condition of Shellfish Lands.
- Part 40 Marine Fish - Recreational Black Sea Bass and Scup - Express Term - Part 40 Marine Fish - Black Sea Bass and Scup - Express Terms
- Part 40 Marine Fish - Recreational Summer Flounder - Express Terms - The full text of the regulatory changes for the bay scallop size limits.
- Part 50 Whelk - Express Terms - Proposed Regulations for Part 44 - Jonah Crab - Express Terms
- Part 41 - Sanitary Condition of Shellfish Lands (2021) - Express Terms - Proposed Regulation for 6NYCRR Part 40 - Marine Fish - Recreational Scup
