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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 - 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.
  • Regulatory Impact Statement

Comment period is open through July 18, 2022.

Written comments can be sent to:

Rachel Sysak
NYSDEC Division of Marine Resources
123 Kings Park Blvd.
Kings Park, NY 11754
Email: rachel.sysak@dec.ny.gov

Emergency Regulations

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 21, 2022, and will remain in effect for 90 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 27, 2022, and will remain in effect for 90 days.

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.
  • Regulatory Impact Statement

The Emergency Rule went into effect on April 28, 2022, and will remain in effect for 90 days.

Recently Adopted Regulations

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.

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.

More about Marine Resources Regulatory Revisions:

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  • Contact for this Page
  • Division of Marine Resources
    123 Kings Park Blvd.
    (Nissequogue River State Park)
    Kings Park, New York 11754
    631-444-0430
    Send us an email
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