12/23/09 N.Y. St. Reg. ENV-40-09-00007-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of Subpart 43-2 of Title 6 NYCRR.
Statutory authority:
Environmental Conservation Law, section 13-0309, subdivision 12
Subject:
Atlantic Ocean surfclam management.
Purpose:
To adopt management measures necessary to ensure the long-term sustainability of the surfclam resource and fishery.
Substance of final rule:
The purpose of this rule making is to amend the New York State Department of Environmental Conservation's regulations on Surfclam Management in the New York State (NYS) waters of the Atlantic Ocean (6 NYCRR Subpart 43-2). The proposed regulations are necessary to implement the provisions of Amendment 1 to the Fishery Management Plan (FMP) for the Mechanical Harvest of the Atlantic Surfclam in NYS waters of the Atlantic Ocean.
The only change to the proposed rule making was a non-substantive change to delay the effective date for implementation of the Vessel Monitoring System (VMS) requirements by one year. The effective date for the VMS requirements has been changed from January 1, 2010, as proposed, to January 1, 2011 in the final rule. All VMS requirements will become effective on January 1, 2011.
Final rule as compared with last published rule:
Nonsubstantial changes were made in section 43-2.9(a).
Text of rule and any required statements and analyses may be obtained from:
Debra Barnes, NYSDEC, 205 North Belle Mead Road, Suite 1, East Setauket, New York 11733, (631) 444-0483, email:
dabarnes@gw.dec.state.ny.usAdditional matter required by statute:
Pursuant to the State Environmental Quality Review Act, a negative declaration is on file with the Department.
Revised Regulatory Impact Statement, Revised Regulatory Flexibility Analysis, Revised Rural Area Flexibility Analysis and Revised Job Impact Statement
The text of the proposed rule contains a non-substantive change in subdivision 43-2.9(a) which will delay the effective implementation date for Vessel Monitoring System (VMS) requirements by one year. The original proposed rule, which was published in the State Register on October 7, 2009, (I.D. Number: ENV-40-09-00007-P) established an effective date for the VMS requirements of January 1, 2010. The final rule would change the effective date for VMS requirements from January 1, 2010, as originally proposed, to January 1, 2011. All other VMS requirements will remain as proposed. This change will not impose any negative impact on surfclam industry participants.
The RIS, RFA, RAFA and JIS that were published with the Notice of Proposed Rule Making remain accurate and do not require revision to address this change.
Assessment of Public Comment
The agency received no public comment.
