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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 - 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.
  • Regulatory Impact Statement

Comment period is closed.

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.

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.
  • Regulatory Impact Statement

Comment period is closed.

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.
  • Regulatory Impact Statement

Comment period is closed.

Emergency Regulations

6 NYCRR Part 40 - Shortin 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.
  • Regulatory Impact Statement

The Emergency Rule went into effect on July 26, 2022, and will remain in effect for 90 days.

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.
  • Regulatory Impact Statement

The Emergency Rule went into effect on June 27, 2022, and was re-adopted on September 23, 2022 and will remain in effect for 60 days.

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.
  • Regulatory Impact Statement

The Emergency Rule went into effect on June 21, 2022, and was re-adopted on September 14, 2022 and will remain in effect for 60 days.

Recently Adopted Regulations

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 14, 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:

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