To revise regulations governing sportfishing and associated activities including gear requirements and use of bait fish; and prohibit the sale of trout and salmon eggs.
Substance of proposed rule (full text is posted at the following State website: www.dec.ny.gov)
The purpose of this rule making is to amend the Department of Environmental Conservation's (Department) general regulations governing sportfishing (6 NYCRR Part 10), taking bait (6 NYCRR Part 18), use of bait and bait fish (6 NYCRR Part 19), licenses (6 NYCRR Part 35), and miscellaneous regulations (6 NYCRR Part 180). Following biennial review of the Department's fishing regulations, Department staff have determined that the proposed amendments are necessary to maintain or improve the quality of the State's fisheries resources. Changes to sportfishing regulations are intended to promote optimum opportunity for public use consistent with resource conservation.
The following is a summary of the amendments that the Department is proposing:
Prohibit the act of chumming with fish eggs in order to reduce the harvest of fish (females) specifically for purposes of taking eggs and using them as a method to aggregate and concentrate fish thereby impacting other anglers.
Define “tip-ups” to provided clarity on what constitutes a tip-up including for enforcement of regulations.
Prohibit the sale of trout eggs in order to prevent the harvest of trout for the purposes of selling eggs largely for the use in tributary fisheries by anglers.
Establish a bait fish green list for the purposes of clarifying and defining what bait fish are acceptable for use, and secondly, to identify additional waters where additional species can be used as bait.
Remove American eels from the list of fish that can be spearfished in order to reduce fishing related mortality for American eels.
Clarify that “whitefish” in the Statewide Angling Regulations does not include round whitefish in order to reduce the potential for anglers to keep round whitefish.
Restrict the use of weight on the line, leader, swivels or artificial flys used in the Salmon River Fly Fishing only area in order to reduce snagging of salmonids and to provide consistency to the Great Lakes regulations.
Refine the allowable fishing tackle that may be used in the special regulations fly fishing catch and release areas on the Salmon River in Oswego County in order to offer an unimpeded traditional fly fishing experience.
Extend the winter “catch and release only” black bass season in Suffolk and Nassau Counties to provide additional angling opportunity.
Remove the special regulation for trout in Greenwood Lake Orange County, which is no longer necessary due to the lack of viable trout population and to be consistent with the State of New Jersey.
Remove the special regulation for black bass in Greenwood Lake Orange County, to afford additional protection to the black bass population and to be consistent with the state of New Jersey.
Establish a special regulation for kokanee salmon in Glass Lake in Rensselaer County with a minimum creel limit of three fish and 12 inch minimum size limit in order to reduce harvest and afford protection to the kokanee salmon population.
Establish a three fish creel limit with a minimum size limit of 12 inches for trout in Beardsley Lake in Montgomery and Herkimer Counties, Kyser Lake in Fulton and Herkimer Counties and Stillwater Reservoir in Herkimer County, in order to provide for the harvest of larger size trout in waters capable of growing large fish while providing sufficient protection for these quality fisheries.
Reduce the creel limit on walleye and sauger in Lake Champlain to “3 fish in combination” to provide better protection of walleye and sauger stocks and provide continuity between NY and Vermont regulations.
Provide clarity to the description of the Boquet River portion of the “Additional Lake Champlain Tributary Regulations”.
Prohibit the use of bait fish in waters such as the Henderson Lake in the Town of Newcomb in Essex County, and in the Giant Mountain Wilderness Area in order to prevent more non-native fishes from becoming established which impairs the ability to restore native salmonids.
Prohibit the use of bait fish in Wheeler and Clear Ponds in the Town of Webb in Herkimer County in order to protect these reclaimed brook trout waters from non-native fish introductions.
Add the ponds and streams in the Raquette-Boreal Wilderness Area to the list of waters that restrict the use of bait fish in order to minimize the potential of introducing competing species to these sensitive brook trout ponds.
Remove the special regulations that prohibit fishing in Lake George tributaries (in Essex, Warren and Washington Counties) from October 1 to March 15 at any time and from April 1 to May 15th from 10 p.m. to 5 a.m. as the lack of salmon reproduction no longer warrants this special regulation.
Create a three fish creel limit with a minimum size limit of 12 inches for trout in the ponds contained with the Massawepie Conservation Easement Area in St. Lawrence County (Pine, Boottree, Town Line, Deer and Horseshoe) as well as within Tamarack Pond in St. Lawrence County in order provide for a trophy brook trout water by protecting excessive harvest and to protect these heritage brook trout brood sources.
Eliminate the ice fishing permitted regulation on the Mohawk River (Barge Canal) in Herkimer County as this special regulation is not necessary for allowing ice fishing on this non-trout water.
Create a catch and release, use of artificial lures only regulation in Wheeler and Clear Ponds in the Town of Webb in Herkimer County in order to protect against harvest as a large percentage of the fish are needed for the ongoing heritage brook trout evaluation study.
Eliminate the special regulation for walleye on Lake Bonaparte in Lewis County and on Trout Lake in Lewis County as the 5 year time period effort to establish a walleye population here, including with stocking has expired.
Create a special trout regulation, with a creel limit of five fish, with no more than two fish longer than 12 inches on the Lansing Kill in Oneida County, for the purposes of protecting the valuable larger trout and thereby maintaining a large trout quality fishery.
Eliminate the special regulation prohibiting smelt fishing in Portaferry Lake in St. Lawrence County as no smelt runs have been reported in many years.
Extend the catch and release section for trout of West Canada Creek in Herkimer and Oneida counties in order to expand the area with this angling opportunity, increase the number of fish available to anglers and to reduce overcrowding on West Canada Creek.
Extend the current year round catch and release season for trout on the West Branch St. Regis in St. Lawrence County to all year, thereby increasing angling opportunity.
Eliminate the special regulation requiring catch and release fishing for trout on the South Branch of the Grass River in St. Lawrence County and replace with the statewide regulation as with the lack of larger fish and lack of heavy fishing pressure a special regulation is not warranted.
Modify the wording for the area in Jefferson County that is exempt from the 50 fish limit on yellow perch and sunfish, in order to clarify and reduce confusion.
Modify the wording for the area in Jefferson County that is exempt from the statewide black bass catch and release season, in order to clarify and reduce confusion.
Eliminate the special regulation requiring catch and release fishing for trout on Allen Pond in St. Lawrence County and replace it with a three fish creel limit and 12 inch minimum size limit, which will provide sufficient protection to this quality trout fishery and allow for the harvest of trout.
Remove the special regulation for lake trout on Woodhull Lake in Herkimer County as surveys have indicated that the lake trout have no limitations on reaching larger sizes and a special regulation is not warranted.
Establish a special regulation for Ellicott Creek in Erie County in order to provide anglers the opportunity to harvest trout within Amherst State Park.
Text of proposed rule and any required statements and analyses may be obtained from:
Shaun Keeler, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233, (518) 402-8920, e-mail: sxkeeler@gw.dec.state.ny.us
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:
A Programmatic Impact Statement is on file with the Department of Environmental Conservation.
Regulatory Impact Statement
1. Statutory Authority
Sections 3-0301 of the Environmental Conservation Law (ECL) establishes the gerneral functions, powers and duties of the Department of Environmental Conservation (Department) and the Commissioner, including general authority to adopt regulations. Sections 11-0303 and 11-0305 of the Environmental Conservation Law (ECL) authorize the Department to provide for the management and protection of the State's fisheries resources, taking into consideration ecological factors, public safety, and the safety and protection of private property. Section 11-0317 of the ECL empowers the Department to adopt regulations, after consultation with the appropriate agencies of the neighboring states and the Province of Ontario, establishing open seasons, minimum size limits, manner of taking, and creel and seasonal limits for the taking of fish in the waters of Lake Erie, Lake Ontario, the Niagara River and the St. Lawrence River. Sections 11-1301 and 11-1303 of the ECL empower the Department to fix by regulation open seasons, size and catch limits, and the manner of taking of all species of fish, except certain species of marine fish (listed in section 13-0339 of the Environmental Conservation Law), in all waters of the state. Section 11-1316 of the Environmental Conservation Law empowers the Department of Environmental Conservation to designate by regulation waters in which the use of bait fish is prohibited. Section 11-1319 of the Environmental Conservation Law prohibits the sale of trout and salmon.
2. Legislative Objectives
Open seasons, size restrictions, daily creel limits, and restrictions regarding the manner of taking fish are tools used by the Department in achieving the intent of the legislation referenced above. The purpose of setting seasons is to prevent over-exploitation of fish populations during vulnerable periods, such as spawning, thereby ensuring a healthy population. Size limits are necessary to maintain quality fisheries and to ensure that adequate numbers survive to spawning age. Creel limits are used to distribute the harvest of fish among many anglers and optimize resource benefits. Regulations governing the manner of taking fish upgrade the quality of the recreational experience, provide for a variety of harvest techniques and angler preferences, and limit exploitation. Catch-and-release fishing regulations are used in waters capable of sustaining outstanding growth and providing a large population of desirable-sized fish, creating an outstanding opportunity for anglers willing to forego harvesting fish.
3. Needs and Benefits
Most significant fishery resources in New York State are monitored through annual or periodic survey and inventory by Bureau of Fisheries staff. These fisheries surveys identify particular situations where changes in fishing regulations may be required to maintain the quality of a particular fishery or where significant opportunity for improvement or enhancement of the fishery exists. Additional regulation changes are prompted by the recommendation of users groups or the need to correct or clarify existing regulations. Concepts for regulation amendments that address identified needs are developed by Bureau of Fisheries staff and reviewed with sportsmen's groups at the local, regional, or state-wide level, depending upon the significance of the proposal.
In order to facilitate compliance by the angling public, significant revisions of the Department's fishing regulations are currently conducted on a biennial schedule. The proposed amendments are necessary to maintain or improve the quality of the State's fisheries resources. Changes to sportfishing regulations are intended to promote optimum opportunity for public use consistent with resource conservation.
4. Costs
Enactment of the rules and regulations described herein governing fishing will not result in increased expenditures by the State, local governments, or the general public.
5. Local Government Mandates
These amendments of 6 NYCRR will not impose any programs, services, duties or responsibilities upon any county, city, town, village, school district, or fire district.
6. Paperwork
No additional paperwork will be required as a result of these proposed changes in regulations.
7. Duplication
There are no other state or federal regulations which govern the taking of fish.
8. Alternatives
The primary alternative to the proposed regulations would be to retain current fishing regulations. In the absence of the proposed changes, opportunities to enhance the quality or public use and enjoyment of fisheries may be deferred or lost. Some fish populations may decline if the proposed regulations are not enacted in a timely manner.
9. Federal Standards
There are no minimum federal standards that apply to the regulation of sportfishing.
10. Compliance Schedule
These regulations, if adopted, will be in effect for the 2008–2009 license year, which begins on October 1, 2008. It is anticipated that regulated persons will be able to immediately comply with these regulations once they take effect.
Regulatory Flexibility Analysis
The purpose of this rule making is to amend and update the Department of Environmental Conservation's (Department) general regulations governing sportfishing. These amendments were developed as a result of the Department's biennial review of existing sportfishing regulations. Changes to these regulations are intended to promote optimum opportunity for public use consistent with resource conservation.
The Department has determined that the proposed regulations will not impose an adverse impact or any new or additional reporting, record-keeping or other compliance requirements on small businesses or local governments. All reporting or record-keeping requirements associated with sportfishing are administered by the Department. Since small businesses and local governments have no management or compliance role in the regulation of sport fisheries, there is no impact upon these entities. Small businesses may, and town or village clerks do issue fishing and sportsman licenses. However, the Department's rule making proposal does not change this process.
Fishing guides are the only business entities directly affected and impacted by changes to regulations pertaining to sport fishing. However, the actions proposed in this rule making (e.g. adjustments to season dates, bag limits, minimum size limits, gear restrictions ECT) are not measures that result in a overall loss of angling opportunities or diminish opportunities for taking fish. Therefore, while guide businesses would need to adjust techniques and schedules to comply with the proposed regulations, these businesses should not lose clientele as a result or otherwise be adversely impacted by the changes. In fact, positive impacts are anticipated for these businesses because the proposed regulations would enhance the likelihood that angling opportunities will remain high and sustainable for future anglers and fishing-related businesses.
Based on the above, the Department has determined that a regulatory flexibility analysis is not required.
Rural Area Flexibility Analysis
The purpose of this rule making is to amend and update the Department of Environmental Conservation's (Department) general regulations governing sportfishing. These amendments were developed as a result of the Department's biennial review of existing sportfishing regulations. Changes to these regulations are intended to promote optimum opportunity for public use consistent with resource conservation.
The Department has determined that the proposed rules will not impose an adverse impact or any new or additional reporting, record-keeping, or other compliance requirements on public or private entities in rural areas. All reporting or record-keeping requirements associated with sportfishing are administered by the Department. The proposed regulations are not anticipated to negatively change the number of participants or the frequency of participation in regulated activities.
Fishing guides are the only entities directly affected and impacted by changes to regulations pertaining to sport fishing. However, the actions proposed in this rule making (e.g. adjustments to season dates, bag limits, minimum size limits, gear restrictions ECT) are not measures that result in a overall loss of angling opportunities or diminish opportunities for taking fish. Therefore, while guide businesses would need to adjust techniques and schedules to comply with the proposed regulations, these businesses should not lose clientele as a result or otherwise be adversely impacted by the changes. In fact, positive impacts are anticipated for these businesses because the proposed regulations would enhance the likelihood that angling opportunities will remain high and sustainable for future anglers and fishing-related businesses.
Small businesses may, and town or village clerks do issue fishing and sportsman licenses. However, the Department's rule making proposal does not change this process.
Since the Department's proposed rule making will not impose an adverse impact on public or private entities in rural areas and will have no effect on current reporting, record-keeping, or other compliance requirements, the Department has concluded that a rural area flexibility analysis is not required for this regulatory proposal.
Job Impact Statement
The purpose of this rule making is to amend and update the Department of Environmental Conservation's (Department) general regulations governing sportfishing. These amendments were developed as a result of the Department's biennial review of existing sportfishing regulations. Changes to these regulations are intended to promote optimum opportunity for public use consistent with resource conservation.
Fishing guides are the only business entities directly affected and impacted by changes to regulations pertaining to sport fishing. However, the actions proposed in this rule making (e.g. adjustments to season dates, bag limits, minimum size limits, gear restrictions ECT) are not measures that result in a overall loss of angling opportunities or diminish opportunities for taking fish. Therefore, while guide businesses would need to adjust techniques and schedules to comply with the proposed regulations, these businesses should not lose clientele as a result or otherwise be adversely impacted by the changes, and no fishing guide jobs should be lost. In fact, positive impacts are anticipated for these businesses because the proposed regulations would enhance the likelihood that angling opportunities will remain high and sustainable for future anglers and fishing-related businesses.
Based on the above, the Department has concluded that the proposed regulatory changes will not have an adverse impact on jobs or employment opportunities in New York, and that a job impact statement is not required.
