ENV-46-09-00009-P Proposed Fishery Closures for Hudson River American Shad and Fishery Restrictions for the Delaware River American Shad

11/18/09 N.Y. St. Reg. ENV-46-09-00009-P

NEW YORK STATE REGISTER

VOLUME XXXI, ISSUE 46

November 18, 2009

RULE MAKING ACTIVITIES

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. ENV-46-09-00009-P

Proposed Fishery Closures for Hudson River American Shad and Fishery Restrictions for the Delaware River American Shad

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Amendment of Parts 10, 11, 35, 36 and 40 of Title 6 NYCRR.

Statutory authority:

Environmental Conservation Law, sections 11-0303, 11-0305, 11-0315, 11-0317, 11-0319, 11-1301, 11-1303, 11-1305, 13-0105 and 13-0339

Subject:

Proposed fishery closures for Hudson River American shad and fishery restrictions for the Delaware River American shad.

Purpose:

To protect the Hudson River and Delaware River American shad stocks from further decline.

Text of proposed rule:

Amendment of Part 10 of Title 6 NYCRR.

Part 10 of 6 NYCRR, entitled "Sportfishing" is amended to read as follows:

(Paragraphs 10.1(b)(1) through 10.1(b)(12) remain unchanged)

Existing paragraph 10.1(b)(13) is amended to read as follows:

(b) “Table A. Sportfishing regulations”

	Species	Open Season	Minimum Length	Daily limit
(13)	American Shad - in the Hudson River and tributaries north of the George Washington Bridge	[All year] Possession prohibited	[Any size]	[1]
	American Shad - all other inland waters	All year	Any size	[6]3

(Paragraphs 10.1(b)(14) through 10.1(b)(19) remain unchanged)

Amendment of Part 11 of Title 6 NYCRR.

Part 11 of 6 NYCRR, entitled "More than one species" is amended to read as follows:

(Section 11.1 remains unchanged)

Section 11.2 is amended to read as follows:

11.2. Taking, possessing, sale, offering or exposing for sale or trafficking in certain Hudson River and Delaware River fish.

Subdivision 11.2(a) through paragraph 11.2 (b)(3) remains unchanged.

Addition of paragraph 11.2 (b)(4) reads as follows:

(4) Take or possess American shad in the Hudson River and its tributary waters upstream from the river to the first falls or barrier impassable by fish, from the Federal Dam at Troy south to the Governor Malcom Wilson Tappan Zee Bridge, and the Marine and Coastal District at any time.

Subdivision 11.2(c) through 11.2(d) remains unchanged.

Addition of subdivision 11.2 (e) reads as follows:

(e) Possession and sale of American shad in the Hudson River, and its tributary waters upstream from the river to the first falls or barrier impassable by fish, from the Federal Dam at Troy south to the Governor Malcom Wilson Tappan Zee Bridge, and the Marine and Coastal District.

(1) Any American shad inadvertently taken in the Hudson River, and its tributary waters upstream from the river to the first falls or barrier impassable by fish, from the Federal Dam at Troy south to the Governor Malcom Wilson Tappan Zee Bridge, and the Marine and Coastal District must be returned to the water immediately without unnecessary injury.

(2) It is unlawful for any person to sell, import, traffic in or possess American shad in New York except that fish from other than New York waters that are accompanied by a bill of lading or sale denoting the State of origin.

(3) Any person violating any provision of this subdivision may be subject to license revocation as provided in Part 175 of this Title as well as other applicable penalties as set forth in law.

Addition of subdivision 11.2 (f) reads as follows:

(f) In the Delaware River, and its tributary waters upstream from Port Jervis, no person may:

Addition of paragraph 11.2 (f)(1) reads as follows:

(1) Fish commercially for American shad in the New York waters of the Delaware River and its tributaries at any time. For the purposes of this paragraph, fish commercially means either: the possession, setting, tending, operating or maintaining of nets or other devices for which a license is required pursuant to section 11-1503 of the Environmental Conservation Law; or the sale, offering for sale, exposing for sale or transporting of such fish other than in the boat in which such fish were landed after being taken.

Amendment of Part 35 of Title 6 NYCRR.

Part 35 of 6NYCRR, entitled "Licenses" is amended to read as follows:

Existing subdivision 35.1(a) is amended to read as follows: Gear or operation scoop, dip and scap nets 10 feet square or under through gill nets per lineal foot remains the same.

(a) Schedule of license fees for commercial fishing in inland waters

Gear or operation	Residents	Nonresidents of the State
[Gill nets in Hudson and Delaware
Rivers from March 15 to June 15,
600 feet or under]	[10.00]	[100.00]

Gill nets in Chaumont Bay and waters of Jefferson County within one-half mile of the shore between Horse Island and Tibbet's Light, 2,500 feet or under to inboard motor boat over 15 tons in Lakes Erie and Ontario remains the same.

Amendment of Part 36 of Title 6 NYCRR.

Part 36 of 6NYCRR, entitled "Gear and operation of gear" is amended as follows:

Subdivision 36.1(a), paragraphs (1) through (3) remain unchanged.

Paragraph 36.1(a)(4) is rescinded.

[(4) It is unlawful for any person to take American shad for commercial purposes without having in possession either a valid gill net or shad and herring gill net Marine permit. Only one valid licensed gill net per fisher may be used to take American shad.]

Subdivision 36.1(b) through section 36.2 remain unchanged.

Subdivision 36.3(a) is amended to read as follows:

(a) [Shad and] Anadromous alewife and blueback herring may be taken with nets in the Hudson River from March 15th to June 15th. This subdivision is subject to additional emergency restrictions of the department pursuant to section 11-0315 of the Environmental Conservation Law.

Subdivision 36.3(b) through subparagraph 36.3(c)(2)(iii) remain unchanged.

Subparagraph 36.3(c)(2)(iv) is rescinded:

(iv) Gill nets having a stretched mesh equal to 5 2 inches stretched mesh, inside measure, through the net, may be possessed and used in or on that section of the Hudson River between the Rip VanWinkle Bridge and the George Washington Bridge.]

Subparagraph 36.3(c)(2)(v) is renumbered as subparagraph 36.3 (c)(2)(iv).

Subparagraph 36.3(c)(3)(i) remains unchanged.

Subparagraph 36.3(c)(3)(ii) is rescinded.

[(ii) gill nets equal to 5 ½ inches stretched mesh, inside measure, through the net, may be used to take American shad.]

Paragraph 36.3(c)(4) is amended to read as follows:

(4) Escapement period. During the [shad and] anadromous alewife and blueback herring season, from March 15th to June 15th, both dates inclusive, no nets shall be set, placed or drawn or allowed to remain in, or possessed on the waters of the Hudson River below the dam at Troy between 6 a.m. prevailing time on Friday and 6 p.m. prevailing time on the following Saturday; provided, however, that:

Subparagraphs 36.3(c)(4)(i) and 36.3(c)(4)(ii) remain the same.

Subparagraph 36.3(c)(4)(iii) is rescinded.

[(iii) Shad closure. Gill nets equal to 5 ½ inches stretched mesh, inside measure, through the net, may not be set in or possessed on the waters of the Hudson River below the Rip VanWinkle Bridge to the George Washington Bridge between 6 a.m. prevailing time on Wednesday and 6 p.m. prevailing time on the following Saturday.]

Paragraphs 36.3(c)(5) through 36.3(c)(7) remain unchanged.

Amendment of Part 40 of Title 6 NYCRR.

Part 40 of 6 NYCRR, entitled "Marine Fish" is amended as follows:

Existing subdivision 40.1 (f) is amended to read as follows: Species striped bass through black sea bass remain the same. Species American shad is amended to read as follows:

40.1 (f) Table A - Recreational Fishing.

Species	Open Season	Minimum Length	Possession Limit
American shad	[All year] Possession prohibited	[No minimum size limit]	[1]

Species hickory shad through prohibited sharks remain the same.

Existing subdivision 40.1 (i) is amended to read as follows: Species striped bass through black sea bass remain the same. Species American shad is amended to read as follows:

40.1 (i) Table B - Commercial Fishing.

Species	Open Season	Minimum Length	Possession Limit
American shad	[All year] Possession prohibited	[No minimum length]	[No more than 5 percent of the total weight of all foodfish landed per trip]

Species oyster toadfish through prohibited sharks remain the same.

Addition of subdivision 40.1 (w) reads as follows:

(w) American shad commercial fishing--special regulations.

(1) Any American shad inadvertently taken in New York must be returned to the water immediately without unnecessary injury.

(2) It is unlawful for any person to sell, import, traffic in or possess American shad or American shad products in New York except for fish or products from other than New York waters that are accompanied by a bill of lading or sale denoting the State of origin.

(3) Any person violating any provision of these regulations may be subject to license revocation as provided in Part 175 of this Title as well as other applicable penalties as set forth in law.

Text of proposed rule and any required statements and analyses may be obtained from:

Kathryn Hattala, Environmental Conservation, 21 South Putt Corners Rd., New Paltz, NY 12561, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Additional matter required by statute:

Pursuant to the State Environmental Quality Review Act, a negative declaration is on file with the Department of Environmental Conservation.

This action was not under consideration at the time this agency's regulatory agenda was submitted.

Regulatory Impact Statement

1. Statutory authority:

Environmental Conservation Law (ECL) sections 3-0301, 11-0303, 11-0305, 11-0306, 11-0315, 11-0317, 11-0319, 11-1301, 11-1303, 11-1305, 11-1501, 11-1503, 11-1505, 13-0105 and 13-0339 authorize the Department of Environmental Conservation (department) to establish, by regulation, the open season, size and catch limits, possession and sale restrictions and manner of taking for American shad.

2. Legislative objectives:

It is the objective of the above-cited legislation that the department manages marine fisheries to optimize resource use for commercial and recreational harvesters, consistent with marine fisheries conservation and management policies and interstate Fishery Management Plans (FMPs).

3. Needs and benefits:

The department is adopting amendments to 6 NYCRR Parts 10, 11, 35, 36 and 40 which will implement recreational and commercial fishery closures for American shad in the Hudson River and Marine District and implement a recreational fishery restriction and preclude a commercial fishery on the Delaware River American shad stock. These regulations are necessary to protect American shad and therefore, are a part of the department's stewardship responsibilities over the State's natural resources.

Hudson River American shad

American shad of the Hudson River are anadromous. They spawn in the river, but spend most of their life in the near shore Atlantic Ocean from Virginia to Maine. They are caught by recreational and commercial fishermen while they are in the Hudson and by commercial fishermen while they are in the ocean.

Recently, department staff completed a stock assessment of the Hudson River American shad as part of a coast-wide assessment of American shad stocks under the coordination of the Atlantic States Marine Fisheries Commission (ASMFC). Abundance of Hudson River American shad has declined since the early 1990's and is now at a historic low. Moreover, fish in the spawning stock (adult fish) became smaller and younger, mortality increased to excessive and unacceptable levels, and production of young dropped more than 70 percent to an all time low in 2002. The primary cause of these changes was over-fishing. Through the ASMFC, New York worked toward, and achieved closure of ocean harvest of Hudson shad in ocean commercial fisheries that targeted shad in 2005. This closure substantially reduced losses of Hudson River American shad in known ocean fisheries. In 2008, the department restricted commercial and recreational harvest of American shad from the Hudson River. Neither the ocean closure nor the in river restrictions have helped. Production of young remains low and mortality on adults remains excessive. The few fish produced from 2002 to 2008 are now returning as adults and are what remains to recover the stock. These fish need substantial protection if the Hudson shad stock is to recover. Our analysis indicates that all harvest needs to be eliminated to allow the stock to begin recovery. The department recognizes that this is a serious problem which needs immediate attention.

Under ECL 11-0303, it is the department's responsibility to act in behalf of the natural resources of the state. To allow for stock recovery, New York will reduce mortality on surviving adults by implementing measures to eliminate all known harvest. In order to accomplish this, the department will implement actions to close all recreational and commercial fisheries that affect the Hudson River American shad stock. Failure of New York to adopt these amendments would jeopardize recovery of the Hudson River American shad stock.

Delaware River American shad

The abundance of adult Delaware River shad has declined during the last ten years, however, production of young remains stable. New York has worked closely with the other Basin States of Pennsylvania and New Jersey to develop a cooperative management strategy for the Delaware River American shad stock. In New York waters, only recreational fishing occurs on the stock. The Basin States determined that a reduction in the current recreational creel limit will assist in focusing attention on the Delaware stock and will serve to educate the user public on current stock condition. Current regulations do not prevent operation of a commercial fishery for American shad in the New York portion of the Delaware River watershed. New York proposes to change regulations to preclude a commercial fishery and decrease adult mortality.

Atlantic States Marine Fisheries Commission

Pursuant to section 13-0371 of the ECL, New York State is a party to the Atlantic States Marine Fisheries Compact which established the Atlantic States Marine Fisheries Commission (ASMFC). The Commission facilitates cooperative management of marine and anadromous fish species among the fifteen member states. The principal mechanism for implementation of cooperative management of migratory fish is ASMFC's Interstate Fishery Management Plans (FMP) for individual species or groups of fish. The FMPs are designed to promote the long-term health of these species, preserve resources and protect the interests of both commercial and recreational fishers.

Confirming New York's actions, the ASMFC has initiated preparation of Amendment III to the Fishery Management Plan (FMP) for Shad and River Herring. This amendment will require reductions in mortality for shad stocks currently in decline such as the Hudson River and Delaware River stocks. However, the new amendment will not be in place until 2010. The department needs to implement measures now to stop the stock's decline.

4. Costs:

(a) Cost to state government:

Minor costs will be incurred by the regulating agency. See below.

(b) Cost to Local government:

There will be no costs to local governments.

(c) Cost to private regulated parties:

Hudson River

Certain regulated parties may experience adverse economic effects due to the closure of the Hudson River commercial American shad fishery. One targeted party is the commercial shad fishers who will lose the ability to harvest shad, incurring an economic loss to these businesses. Over the last five years, an average of 25 commercial shad fishermen on the Hudson River targeted (intentionally fished for) American shad. Most of the fishermen work alone; only a few hire assistants. Furthermore, American shad are now only in the river in harvestable numbers for up to eight weeks each spring. Therefore, commercial shad fishing constitutes by nature a short part-time job that provides supplemental income to fishermen and a few helpers.

Over the last 30 years, the number of weeks of fishing activity and the number of participants in the commercial fishery in the Hudson River has dwindled as the stock abundance has declined. This industry has reached a level where the costs associated with fishing are high in relation to profit, or even meeting costs, for most fishers.

Over the long-term, however, the recovery of a sustainable shad fishery will have a positive effect on small businesses in the Hudson River shad fishery. Any losses during the moratorium will be offset by the restoration of fishery stocks and an increase in yield from well-managed resources. These regulations are designed to rebuild fish stocks for future utilization.

Another possible affected party is a co-occurring (during the same time period shad are present in the river) commercial bait fishery for river herring. However, proposed regulations were designed to allow this activity to continue without change. Thus, herring netters will retain the ability to harvest fish and bait shops to purchase bait as they have in the past. There should be little economic impact to these businesses.

Another targeted party is the recreational shad fishers and charter boat operators who will lose the ability to fish for and harvest shad. Charter boat operators may incur some economic loss due to the closure. It is not known how many charter operators exclusively fish for American shad. Most fishing charters focus on striped bass in the Hudson with a few that advertise trips for American shad. A closure for shad may incur some economic loss to the shad charters, but charters for the more abundant striped bass can continue.

Marine District

American shad are caught and sold as by-catch from a variety of fisheries conducted in the Marine District. Since 1995, American shad bycatch has made up less than one tenth of a percent of the total food fish landed in New York's Marine District. The loss of this minimal level of landings should not incur much economic impact. No known recreational fishery for American shad exists in the Marine District.

Delaware River

Adoption of Delaware regulations should not be controversial. Department staff met several times with recreational anglers and fishing guides of the Delaware Valley and discussed possible regulation changes. Few anglers harvest more than the proposed three American shad. Guides will still be able to operate their businesses with no impact. Commercial fishing for American shad has not occurred in the New York portion of the Delaware River since the late 1930s.

(d) Costs to the regulating agency for implementation and continued administration of the rule:

The department will incur limited costs associated with both the implementation and administration of these rules, including the costs relating to notifying recreational and commercial harvesters and other support industries of the new rules.

5. Local government mandates:

The proposed rule does not impose any mandates on local government.

6. Paperwork:

None.

7. Duplication:

The proposed amendment does not duplicate any state or federal requirement.

8. Alternatives:

The department considered the following significant alternatives and rejected them for the reasons set forth below:

Hudson River American shad stock:

(1) Further reduce but allow harvest of American shad from the recreational and commercial fishery. New York placed restrictions on the Hudson's recreational and commercial fisheries in 2008. No sign of recovery occurred in 2008, even with reduced harvest on the stock. This option was rejected because it puts the stock at unacceptable risk of survival. The current record low stock level and persistent record low production of young would make it impossible for the spawning stock to compensate for any unfavorable environmental conditions during spawning if harvest continued. This would lead to continued loss of production and certain stock decline. Department staff believes that maintaining the stock at current low levels would be inconsistent with a sustainable fishery. In 2005, the department enacted commercial fishing trip limits for American shad in the Marine waters as required by the ASMFC. American shad landings were limited to five percent of the total food fish landings of each trip. Any further reduction in the Marine District would approximate the total closure now proposed.

(2) No Action (no amendment to regulations).

The "no action" alternative would leave current regulations in place and continue to jeopardize the Hudson American shad stock status. This would put New York in a position of allowing continued excessive mortality as defined in the ASMFC Shad Fishery Management Plan and allowing the potential demise of the Hudson River American shad. This result would be contrary to the objectives of ECL 11-0303 to effectively manage the fish resources of New York State. For this reason, this alternative was rejected.

Delaware River American shad stock:

(1) Further reduce harvest of American shad from the recreational fishery to a no harvest, or catch and release, fishery only. New York works cooperatively with the other Basin States to manage anadromous fish stocks in the Delaware River. Pennsylvania and New Jersey have already started the process for regulation change. Basin States agreed that currently, a no harvest option was not yet warranted given the stable juvenile production.

(2) No Action (no amendment to regulations).

The "no action" alternative would leave current regulations in place. New York works cooperatively with the other Basin States to consistently manage anadromous stocks in the Delaware River. Pennsylvania and New Jersey have already started the process for regulation change. If New York were to retain the six fish daily creel, it would create inconsistency in border water regulations, confusion for anglers and law enforcement.

9. Federal standards:

The amendments to Parts 10, 11, 35, 36, and 40 are in compliance with the ASMFC Fishery Management Plan for American shad.

10. Compliance schedule:

The regulations will take effect following a 45 day public comment period and publishing in the State Register. Regulated parties will be notified of the changes to the regulations by mail, through appropriate news releases and via the department's website.

Regulatory Flexibility Analysis

1. Effect of Rule:

Hudson River: The amendments to 6 NYCRR Parts 10, 11, 35, 36 and 40 close all recreational and commercial fisheries for American shad in the Hudson River and the Marine District. Because this rule making addresses recreational and commercial fishing, the businesses that will be directly affected are commercial shad fishers and recreational charters. These regulations do not apply directly to local governments, and will not have any direct effects on local governments.

In the last five years, an average of 20 Hudson River commercial fishermen targeted American shad. Although the season March 15th to June 15th spans 13 weeks, shad are only harvested for approximately eight weeks prior to fish spawning, as the market is for female shad roe (eggs). Because shad are only in the river for a limited time in harvestable quantities, all commercial shad operations are part-time businesses of short duration. New York will implement measures to close all commercial fisheries in New York waters to eliminate all known directed harvest on the Hudson stock.

The American shad commercial fishery has provided only part-time employment for fishers since the 1970's. The number of weeks of fishing activity and the number of participants in the commercial fishery in the Hudson River has dwindled as the stock abundance has declined. Over the last five years, an average of 25 commercial fishermen targeted American shad. This industry has reached a level where the costs associated with fishing are high in relation to profit, or even meeting costs, for most fishers.

The number of fishing charter vessels that operate in the Hudson River, New York for American shad is not known. The proposed closure will result in some reduction for fishing charters, however, this closure is not expected to change charter boat activities as others species, such as striped bass, are available. Moreover, most fishing charters are for striped bass.

Marine waters: So that regulations for fisheries of American shad are consistent, all rules will apply to New York's Marine District, American shad are currently landed as by-catch. Landing in marine waters are minimal and have not exceeded one-tenth of a percent of all food fish landed in the state for the past 15 years.

Delaware River: This rule making proposes a reduction for recreational fishing. The only businesses that may be affected are recreational charters or guides. The American shad fishery is mostly catch and release, with few fish harvested. Since the proposed rule reduces the number of shad that can be harvested, but does not eliminate harvest or fishing, charters and guides will not be greatly affected.

In the long-term, the maintenance of sustainable shad populations and fisheries will have a positive effect on small businesses in the fisheries in question. Any short-term losses in participation and sales will be offset by the restoration of fishery stocks and an increase in yield from well-managed resources. These regulations are designed to protect the stock to continue to rebuild stocks for future utilization.

2. Compliance Requirements:

The proposed rule is in compliance with the Atlantic States Marine Fisheries Commission Interstate Fisheries Management Plan (ISFMP) for Shad and River Herring.

3. Professional Services:

None.

4. Compliance Costs:

There are no initial capital costs that will be incurred by a regulated business or industry to comply with the proposed rule.

5. Economic and Technological Feasibility:

The proposed regulations do not require any expenditure on the part of affected businesses in order to comply with the changes.

There is no additional technology required for small businesses, and this action does not apply to local governments.

6. Minimizing Adverse Impact:

The promulgation of this regulation is necessary in order for the department to protect and restore New York's American shad stock. The regulations are intended to protect the resource.

Ultimately, the maintenance of long-term sustainable fisheries will have a positive effect on employment for the fisheries in question, as well as wholesale and retail outlets and other support industries. Failure to take actions to protect the shad population could cause the collapse of the stock and subsequent end of the fisheries. These regulations are being adopted in order to provide the appropriate level of protection to sustain the resource.

7. Small Business and Local Government Participation:

The department consulted the Hudson River Estuary Management Advisory Committee (HREMAC) and the Marine Resources Advisory Council regarding the proposed action. The HREMAC is comprised of representatives from recreational and commercial fishing interests, local government, educational and research institutions in the Hudson River Valley. The Committee supported the need to eliminate fishing mortality on the Hudson shad stock and encouraged the department to continue to implement the recovery plan for American shad. However, the HREMAC did not come to a consensus on this issue. The Marine Council, comprised of representatives from recreational and commercial fishing interests, and an educational institution on Long Island, voted 9-2 to support the proposed fishery closures. The department also held public information meetings for the general public and affected commercial and recreational fishermen regarding the fishery closure issues. The department has and will provide a notice of the rule making to affected fishers through mailings, newspapers and other media outlets. Local governments were not contacted because the rule does not affect them.

Rural Area Flexibility Analysis

1. Types and estimated numbers of rural areas:

Hudson River: Five of the nine Hudson Valley counties fall into the rural area category: Columbia, Greene, Putnam, Rensselaer and Ulster Counties. The proposed regulations will affect individuals who are currently licensed to operate fishing gear to catch American shad in the Hudson River. Some of the affected individuals are residents of other areas in down State New York, lower Hudson Valley counties and Long Island.

Delaware River: Two of the Delaware River counties are rural: Delaware and Sullivan Counties, along with the Town of Deerpark in Orange County.

2. Reporting, recordkeeping and other compliance requirements; and professional services:

No recordkeeping is required for the proposed regulation.

3. Costs:

There will be no initial capital or annual costs to comply with the new regulations.

4. Minimizing adverse impact:

The promulgation of this regulation is necessary in order for the Department of Environmental Conservation (department) to protect and restore the Hudson River American shad stock and the Delaware River American shad stock. The regulations are intended to protect the resource. The unavoidable adverse economic and social impacts associated with closure of the fishery will be ultimately off set by the recovery of the stock. The future maintenance of long-term sustainable fisheries will have a positive effect on employment for the fisheries in question, as well as wholesale and retail outlets and other support industries. These regulations are being adopted in order to provide the appropriate level of protection and allow for stock recovery.

5. Rural area participation:

The department met with affected parties at four public meetings to inform them of the American shad stock status and to discuss the restrictions necessary to protect the stock and to reduce mortality on the stock. The department has maintained a regular dialogue with several of these fishermen regarding the issues. Moreover, the department has and will continue to provide notice to affected fishers through mailings, newspapers and other media outlets, including those in rural counties and towns.

Job Impact Statement

1. Nature of impact:

Hudson River: The American shad commercial fishery has only provided part-time employment for fishers since the 1970's. These commercial fishing operations are very small businesses that operate for a short-time (up to eight weeks) each year. Most fishermen work alone. Only a few hire short-term assistants. The number of weeks of fishing activity and the number of participants in the commercial fishery in the Hudson River has dwindled as the stock abundance has declined. This industry has reached a level where the costs associated with fishing are high in relation to profit, or even meeting costs, for most fishers.

The number of fishing charter vessels that operate in the Hudson River, New York for American shad is not known. The proposed closure will result in some reduction for fishing charters, however, this closure is not expected to change charter boat activities as others species, such as striped bass are available. Moreover, most fishing charters are for striped bass.

Delaware River: Only a recreational fishery exists for American shad on the Delaware. Associated businesses include charter or guide services comprised of single individuals. The total number of guides that operate in New York waters in unknown, but suspected to be very low (less than five). The American shad fishery is mostly catch and release, with few fish harvested. Since the proposed rule reduces the number of shad that can be harvested, but does not eliminate harvest or fishing, charters and guides will not be greatly affected.

2. Categories and numbers affected:

For the past five years, approximately 20 individuals, from Hudson Valley counties, targeted (intentionally fished for) shad for harvest in the commercial river fishery. An additional 6 to 10 individuals harvested shad as a by-catch while seeking river herring. In the Marine District, American shad are caught as by-catch by individuals fishing for other species. Allowed harvest of American shad is limited to five percent of each trip's total catch. In 2008, New York's American shad landings totaled 20,102 pounds, or less than 0.01 percent of the total landings of marine food fish for the most recent year for which data are available.

3. Regions of adverse impact:

Hudson River: The recreational fishery occurs from Troy south to approximately Kingston; the commercial fishery occurs south of Catskill to Nyack. The by-catch fishery occurs in ocean water of the Marine District along Long Island.

Delaware River: The recreational fishery occurs from Port Jervis to Hancock NY.

4. Minimizing adverse impact:

The department's intent of the proposed rule is to provide protection to the long-term health of the stock so that restoration efforts will provide for a sustainable fishery for future years. In the long-term, the maintenance of a sustainable fishery will have a positive effect on employment for the American shad fishery.

5. (IF APPLICABLE) Self-employment opportunities:

Not applicable.