To revise sportfishing regulations and associated activities including the commercial collection, sale and use of baitfish.
Substance of final rule:
The purpose of this rule making is to amend the Department of Environmental Conservation’s (department) general regulations governing sportfishing (6 NYCRR Part 10). 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 to the regulations as contained in the Notice of Adoption.
Proposed changes include:
Establish a closed statewide season for sauger.
Modify the statewide regulation for muskellunge by increasing the minimum size limit to 40 inches and adjusting the season opener from the third Saturday in June to the last Saturday in May.
Provide consistency between the proposed statewide muskellunge regulation changes with the existing muskellunge regulations for specific waters including Lake Champlain and St. Lawrence County rivers and streams, as well as for both muskellunge and tiger muskellunge at Chautauqua Lake.
Increase the minimum size limit for muskellunge to 54 inches in the Niagara River, Lake Ontario and St. Lawrence River.
Increase the minimum size limit for walleye at Honeoye Lake from 15 to 18 inches.
Establish year round trout seasons, with catch and release fishing only from October 16th through March 31st, at the following streams in Western New York: Chenunda Creek, Oatka Creek, Clear Creek, Fenton Brook, Prendergast Creek, and waters in Allegany State Park.
Initiate a catch and release season for trout for sections of the Salmon River (Franklin County) and Ninemile Creek (Onondaga County), and extend the catch and release season at Fall Creek (Cayuga Lake).
Establish a special trout regulation of a daily creel limit of five fish with no more than two fish longer than 12 inches, for some waters in Herkimer, Jefferson, Lewis, Oneida, and St. Lawrence Counties, as well as for Little River and Oswegatchie River in St. Lawrence County, and Oriskany Creek in Oneida County.
Establish an all year trout season, with a 12 inch minimum size limit and daily limit of 3 fish, at Hinkley and Prospect Reservoirs in Herkimer and Oneida Counties, North Lake in Herkimer County, and for an additional section of the North Branch Saranac River in Franklin and Clinton Counties.
Establish an all year season, with a 12 inch minimum size limit and daily limit of 3 fish, for both trout and Landlocked salmon at Millsite Lake in Jefferson County.
Apply the current special trout regulation for Pine, Boottree, Town Line, Deer and Horseshoe Ponds (St. Lawrence County) to the entire set of waters that are a part of the Massawepie Easement.
Apply the current trout and salmon special regulations for the Fulton Chain of Lakes to the connected water body Old Forge Pond.
Establish a 15 inch minimum size limit for lake trout and clarify that the statewide regulations apply for other species for Owasco Outlet (Cayuga County).
Modify trout and/or salmon regulations for Star Lake and Trout Lake (St. Lawrence County) by increasing the minimum size limit for trout to 12 inches and reducing the daily creel limit to 3. Include Landlocked salmon as part of the open year round trout season at Star Lake.
Establish an open year round trout season for Sylvia Lake (St. Lawrence County) with a 12 inch minimum size limit and 3 fish daily creel limit, with ice fishing permitted.
Extend Great Lakes tributary Regulations upstream to the section of the Genesee River (Monroe County) from State Route 104 Bridge upstream to the Lower Falls.
Exempt Old Seneca Lake Inlet from the Finger Lakes tributary regulations.
Clarify, in regulation, a definition for “catch and release fishing” as well as define the limitations of handling incidental catch of untargeted species.
Several changes are for the purposes of eliminating special regulations that are no longer warranted, and where the statewide regulations can be applied:
Delete the special minimum size and daily creel limit walleye regulation for Fern Lake (Clinton County), Lake Algonquin (Hamilton County), and Franklin Falls Flow, Lower Saranac Lake and Rainbow Lake in Franklin County, and Tully Lake (Cortland and Onondaga Counties).
Eliminate the special regulations (examples being minimum size limit, daily creel limit, season length and/or method of take) for trout, landlocked salmon and/or lake trout, at several waters including Schoharie Reservoir, Susquehanna River (between Otsego and Goodyear Lakes), Launt Pond (Delaware County), Basswood Pond (Otsego County), Lake Algonquin (Hamilton County), Jennings Park Pond (Hamilton County), Hoosic River and Little Hoosic River (Rensselaer County), Hudson River (Saratoga County), North Branch Saranac River (Clinton and Franklin Counties), Clear and Wheeler Ponds (Herkimer County), Cold Brook (St. Lawrence County), and West Branch of the St. Regis River (St. Lawrence County).
Eliminate the special brown trout and landlocked salmon regulations (minimum size limit, daily creel limit and season length) at Otsego Lake.
Eliminate the 10 inch minimum size limit for black bass at Lily Pond and Pack Forest Lake in Warren County.
Eliminate the “all year – any size” special regulation for black bass at Cayuta Creek in Tioga County, and adopt a consistent minimum size limit for black bass for sections of the Schoharie Creek at 10 inches.
Eliminate the daily creel limit special regulation for sunfish and yellow perch in Cumberland Bay (Lake Champlain), as well as eliminate the prohibition on the sale of yellow perch taken from Cumberland Bay.
Eliminate the minimum size limit special regulation for lake trout in the Essex Chain of Lakes.
Eliminate the separate special regulation for trout for Ischua Creek, and apply the Cattaraugus County regulation.
Baitfish and non-game fish related proposed changes:
Prohibit the use of fish as bait in newly acquired trout waters: Fish Hole Pond and Balsam Pond in Franklin County, and Clear Pond in Washington County.
Remove the baitfish prohibition on Harlow Lake, Genesee County.
Remove all the currently listed eligible waters for the commercial collection of baitfish: in Clinton County, except Lake Champlain; in Essex County, except Lake Champlain and Lake Flower; in Franklin County, except Lake Flower, Lower Saranac Lake, Raquette River, Tupper Lake and Upper Saranac Lake; in Fulton County; in Hamilton County, except Indian Lake, Lake Pleasant and Long Lake; in Saratoga County, except the Hudson River, Lake Lonely and outlet Lake Lonely to Kayaderosseras Creek, Mohawk River and Saratoga Lake; in Warren County, except the Hudson River; and in Washington County, except the Hudson River and Lake Champlain.
Add madtoms and stonecats to the approved list of fish that may be used, collected and sold as baitfish.
Eliminate “snatching” of burbot in Scomotion Creek (Clinton County).
Eliminate smelt “dipping” in Raquette Lake.
Adjust smelt regulations for Cayuga and Owasco Lakes for consistency with five Western Finger Lakes.
Eliminate the prohibition on taking smelt and suckers with a scap or dip net in Willow Creek (Tompkins County).
Remove the allowance for snatching lake whitefish at Otsego Lake.
Gear and use of gear related proposals:
Streamline what devices may be used for ice fishing to allow for a total of seven devices that may be used to fish through the ice -statewide; as well as allow for a total of 15 devices that may be used to fish through the ice at Lake Champlain.
Eliminate the gear restrictions at Follensby Clear Pond (Franklin County) that permits ice fishing but prohibits the use of tip-ups.
With the exception of the Salmon River, permit the use of floating lures with multiple hooks with multiple hook points, on all Lake Ontario tributaries.
Clarify the definition of floating lures on Lake Ontario tributaries to: “A floating lure is a lure that floats while at rest in water with or without any weight attached to the line, leader, or lure”.
Clarify that the current regulation for the Great Lake tributaries restricting the use of hooks with added weight was not intended to ban the use of small jigs.
Expand the prohibition of weight added to the line, leader, swivels, artificial fly or lures to all Lake Ontario tributaries (i.e. beyond a limited group of tributaries) from September 1 through March 31 of the following year.
Clarify the use of multiple hooks with multiple hook points on Lake Erie tributaries is legal, as well as clarify that the use of flies with up to two hook points is legal on all Great Lake tributaries.
Replace Lake Ontario tributary regulations for St. Lawrence River tributaries in Jefferson and St. Lawrence Counties with statewide terminal tackle restrictions.
Redefine the upstream limit for spearfishing on the Salmon River (Franklin County).
Clarify the description of gear (gill nets) that is allowed for, in the Finger Lakes, for the collection of alewives for personal use as bait.
Reinstate the prohibition on large landing nets (nets larger than 50 inches around the frame or with a handle longer than 20 inches) for Finger Lakes tributaries except for those sections that are specifically identified.
Several additional amendments are included, not as substantive regulation modifications, but to properly establish or clarify an earlier regulation change, better define an existing regulation (by rewording etc.), and/or address regulations that have not changed but are now redundant and covered elsewhere in the regulations including as a result of consolidation.
Better clarify the fishing hours for Great Lake Tributaries by replacing the word “night” with “one-half hour after sunset to one-half hour before sunrise”.
Clarify that the purpose of the 15 inch size limit exemption on Irondequoit Creek (entire), Lindsey Creek, Skinner Creek (Oswego County and Jefferson County) and the Black River (Jefferson County) is intended to only allow for the harvest of stocked brown trout greater than 9 inches, while retaining the 15 inch minimum size limit for other species.
Eliminate the listing of pink salmon in the Great Lakes section of the regulations.
Correct a wording discrepancy in NYCRR documents to clarify that both artificial lures with multiple hooks/hook points and artificial flies may be used in the special catch-and-release sections of Chautauqua and Eighteen Mile Creek.
Eliminate redundancy in the Finger Lakes tributary regulations pertaining to seasonal angling restrictions and restrictions on night fishing.
Clarify the wording for the Whey Pond (Franklin County) special trout regulation that dates back to and references a previous regulation that has since been eliminated.
Clarify language in regulation referencing the Barge Canal in an existing Finger Lake tributary regulation.
Clarify the ending location of the special black bass regulation on the Chemung River, by correcting the wrong Route (road) number that is currently listed.
Correct a reference, for the definition of artificial flies (for Great Lakes tributaries) that directs the reader to the wrong section of the regulations.
Adjust the Finger Lakes regulations (as contained in an existing table) to clarify: which regulations apply for Honeoye Lake; that the tiger muskellunge special regulation only applies to Otisco Lake; and that the alewife prohibition only applies to Honeoye and Skaneateles Lakes.
Delete a conflicting regulation for trout for a section of Oneida Creek (Oneida County) to clarify which of two conflicting trout season regulations should apply to this section of Oneida Creek.
Delete special trout regulations that have not changed but are now redundant and covered elsewhere in the regulations including as a result of consolidation in the regulations; Crane Pond, and Upper Saranac Lake in Franklin County, Lansing Kill in Oneida County, and Stillwater Reservoir in Herkimer County.
Provide consistency with the lists of approved and identified baitfish (i.e. “Green List”) by adding the previously omitted Eastern Silvery Minnow to the list of baitfish that can be commercially collected and sold (in addition to the existing listing of the Eastern Silvery Minnow on the list of baitfish that can be used as bait by anglers).
Final rule as compared with last published rule:
Nonsubstantive changes were made in sections 10.1(c)(1), (7), 10.2(h)(2), (3), 10.3(b)(22), (25), (26), (33), (45), 10.4 and 10.5(b)(10).
Text of rule and any required statements and analyses may be obtained from:
Shaun Keeler, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233, (518) 402-8928, email: shaun.keeler@dec.ny.gov
Additional matter required by statute:
A Programmatic Impact Statement pertaining to these actions is on file with the Department of Environmental Conservation.
Revised Regulatory Impact Statement
A revised Regulatory Impact Statement is not needed, as the original Regulatory Impact Statement, as published in the Notice of Proposed Rule Making, remains valid. It does not need to be amended.
Revised Regulatory Flexibility Analysis
A revised Regulatory Flexibility Analysis for Small Businesses and Local Governments statement is not needed. The original Regulatory Flexibility Analysis for Small Businesses and Local Governments statement, as published in the Notice of Proposed Rule Making, remains valid and does not need to be amended.
Revised Rural Area Flexibility Analysis
A revised Rural Area Flexibility Analysis is not needed. The original Rural Area Flexibility Analysis Statement, as published in the Notice of Proposed Rule Making, remains valid and does not need to be amended.
Revised Job Impact Statement
A revised Job Impact Statement is not needed. The original Job Impact Statement, as published in the Notice of Proposed Rule Making, remains valid and does not need to be amended.
Initial Review of Rule
As a rule that does not require a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2020, which is no later than the 5th year after the year in which this rule is being adopted.
Assessment of Public Comment
Proposal: Increase the statewide minimum size limit for muskellunge to 40 inches and lengthen the season by three weeks, with an earlier season opening date being the last Saturday in May; increase the minimum size limit for muskellunge to 54 inches in the Niagara River, Lake Ontario and the St. Lawrence River.
Comment: In regard to the downsizing of the size limit to a minimum 40 inches for muskellunge in New York, with the St. Lawrence muskellunge population having decreased drastically because of the fish kill, the size limit for muskellunge should be left at what it currently is.
Response: A decrease in the minimum size limit for muskellunge is not being proposed for the St. Lawrence River. The proposed change is for increasing the minimum size limit from 48 to 54 inches. This should provide additional protection for muskellunge in the St. Lawrence River.
Proposal: Define the limitations of handling the incidental catch of untargeted species.
Comment: Since there are circumstances where fish must be removed from the water, the second sentence of the proposed language should be modified to “Such fish may not be handled for any purpose other than removing the hook and placing the fish back into the water.”
Response: The meaning of both the suggested language modification and the currently proposed language of “Such fish may not be removed from the water or otherwise handled for any purpose other than removing the hook and placing the fish back into the water” is essentially the same. Both provide for removing fish from the water to unhook a fish. The DEC proposed language, however, better conveys the intent and desire for unhooking the fish in the water, when this is able to done.
Proposal: Increase the minimum size limit for walleye at Honeoye Lake from 15 to 18 inches.
Comment: Changing the size limit from 15 to 18 inches is going to significantly decrease the amount of fisherman traveling to Honeoye Lake to fish walleyes. The Lake’s make-up makes it extremely hard to target walleye. Combine that variable with the change in size limit will considerably discourage fisherman from supporting local businesses and the boat launch which will decrease revenue for NYS.
Response: The current 15” minimum size limit was placed on Honeoye Lake walleye in 2000 to increase harvest and allow for better and more rapid growth by reducing the over abundant population. This regulation resulted in a reduction in the walleye population. However, recent survey data suggest that growth rates have not improved despite the lower population density and that harvest may be too great resulting in a lower population of walleye with associated lower catch rates. By reinstating the 18” minimum size limit for walleye in Honeoye Lake it is hoped that harvest will decline slightly thus allowing the population to grow which will eventually lead to higher catch rates of harvestable fish. This should increase the amount of interest in walleye fishing on Honeoye Lake. DEC biologists did not see any evidence that interest in walleye fishing decreased when the size limit was at 18" prior to 2000. This change would also simplify the regulations for anglers by making the size limit for walleye consistent across all of the Finger Lakes.
Proposal: Establish a special trout regulation of a daily creel limit of five fish with no more than two fish longer than 12 inches, in Herkimer, Jefferson, Lewis, Oneida, and St. Lawrence counties; as well as Little River and Oswegatchie River (St. Lawrence County) and Oriskany Creek (Oneida County).
Comment: The daily limit of “five trout, but only 2 trout over 12 inches” in certain counties should be three or four fish over 12 inches.
Response: By stocking larger two year old brown trout, DEC has increased the catch of larger trout in the spring. Some anglers have complained that these large hatchery brown trout are so easily caught that they should be afforded additional protection over what they would receive under a standard five fish limit. DEC feels that it is important to allow anglers the opportunity to creel fish as long as fish populations remain strong. Reducing the creel limit for these larger trout will still allow some fish to be creeled, but it will also hopefully allow some of them to remain in the creek later into the season to possibly be caught multiple times before being creeled. The catch of larger trout may also be distributed among more anglers if only two over 12 inches may be kept.
Comment: Establishing a special trout regulation of a daily creel limit of five fish with no more than two fish longer than 12 inches, in Herkimer, Jefferson, Lewis, Oneida and St. Lawrence counties, as well as the Little River and Oswegatchie River (St. Lawrence County) and Oriskany Creek (Oneida County) will have a negative effect on the Adirondack fishing experience and local economy with no clear ecological benefit. The potential catch (i.e. 5 trout limit, any size) is what entices some fishermen to put in the effort it takes to fish Adirondack ponds and seek Adirondack fishing experience. The proposed regulation reduces this experience. In managing the State’s trout fisheries there should be such regulations (i.e. 5 fish with no more than 2 over 12 inches) on waters near high population centers that receive a high level of fishing pressure to ensure the resource is shared by most people, but limiting regulations should not be the norm for the state.
Response: Establishing the special trout regulation of a daily creel limit of five fish with no more than two fish longer than 12 inches has largely been utilized on larger waters, including those stocked with two year old brown trout, including for reasons cited in the response to the preceding comment. In response to the comment received the Department will not apply this special regulation to all of the waters in the counties that had been identified, and will not apply this regulation to many of the small Adirondack waters, particularly those that provide for a unique Adirondack fishing experience.
Proposal: Establish a “No Kill” (Catch and Release fishing only) section of Ninemile Creek in Onondaga County.
Comment: The proposed Catch and Release section should not be established at Nine Mile Creek as kid’s fish there and should have the option to eat the fish they catch.
Response: Historically, nearly the entire length of the proposed Trout No-Kill section of Nine Mile Creek has been inaccessible to the public. A recent agreement reached between NYSDEC and the private entity, which owns most of the land within this section, opened up this reach to legal angling for the first time in decades. Area trout anglers have been asking for a Trout No-Kill regulation on Nine Mile Creek for some time and this location provided the opportunity to satisfy this request without taking away any long standing trout harvest opportunities. Further, this proposed regulation only pertains to the harvest of trout and would still allow kids and other anglers to harvest other species of fish present in this reach, pursuant to Statewide Angling Regulations. This reach represents only 15% of the total trout stocked section of Nine Mile Creek between Otisco Lake and Onondaga Lake thus ample opportunities to harvest trout on this stream are still available to anglers of all ages.
Proposal: Eliminate the special regulation for Hoosic River, making it subject to the statewide trout regulation (only difference is that the special regulation provides for a 9 inch minimum size limit for trout).
Comment: The special regulation for the Hoosic River should be retained as the extended date of October 15th provides for some excellent additional fly fishing opportunity. It fished well this October and the fishery is just fine with the extended date.
Response: The season ending dates are the same for both the special regulation and the statewide regulation, that being October 15th.
Proposal: Establish a year round trout season, with catch and release fishing only from October 16 through March 31, for the waters in Allegany State Park.
Comment: Continue to keep the year round fishing as proposed, but allow for the keeping of three trout if caught in Science, Quaker or Red House Lakes. They are stocked trout and there is little evidence that they survive until April 1.
Response: The proposed special regulation for a year round trout season for the waters in Allegany State Park specifically excluded Quaker and Red House Lakes. The existing special regulation for Quaker and Red House already allows for a year round season and year round harvest (daily creel limit of 5 trout, with no more than two longer than 12 inches). Statewide regulations apply to Science Lake and due to its small size and placement on upper Quaker Run, DEC biologists feel that separate regulations for Science Lake are not justified. Trout may be stocked in the lake just prior to April 1 if conditions allow, thus there may be a short period prior to April 1 when the proposed regulation would apply before a limit of trout can be kept.
Proposal: Establish an open year-round trout (i.e. brown, rainbow, and brook trout) season for Sylvia Lake (St. Lawrence County) with a 12 inch minimum size limit and three fish daily creel limit, with ice fishing permitted.
Comment: The size regulations should be the same as neighboring Lake Bonaparte, 9 inches for trout and 18 inches for lake trout.
Response: A 12 inch minimum size limit for Sylvia is preferred because stocked trout are known to achieve this size one year after stocking. The lake currently receives 3,000 nine inch rainbow trout yearlings in the spring. No change for the minimum size for the wild lake trout has been proposed by the Department. It remains at 21 inches.
Comment: The establishment of an ice fishing season for both trout and lake trout may stress already limited trout populations in this lake. The status of the native lake trout is unknown and due to increasing numbers of bass and already increasing fishing during the spring/summer the implementation of ice fishing will be putting unneeded stress on the ecosystem of the lake which is already under stresses from increased human populations/pollution as well as invasive species. The risk of more invasives as well as increased pollution seems an unnecessary risk to native populations. Summer traffic is taking its toll on this small lake and adding another 3 to 4 months of fishing is a concern. Other concerns include: Sylvia Lake has hidden springs/weak ice, inconsistent ice depth, difficult access for emergency vehicles, pollution, human waste and garbage in ice/water, property vandalism, and break-ins. In addition, there may be hidden costs such as plowing and trash collection at the launch site.
Response: Sylvia Lake is classified as a trout water. To allow for ice fishing even for the warmwater species like rock bass and sunfish, a regulation change was needed. A 2011 survey showed a stable but slow growing wild lake trout population. The minimum size limit for lake trout will remain at 21 inches. Our current stocking policy will remain at 3,000, nine-inch rainbow trout annually. There is very limited public access that is mostly used by the residents of the lake. Considering the access limitations, including that no snow removal is in place for the small access site, DEC does not anticipate that there will be a significant increase in angler effort, nor that there will be resulting negative impacts from the minimum increase in human presence.
