To revise regulations governing sportfishing and associated activities including use of bait fish.
Text or summary was published
in the September 16, 2009 issue of the Register, I.D. No. ENV-37-09-00003-P.
Final rule as compared with last published rule:
No changes.
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: sxkeeler@gw.dec.state.ny.us
Additional matter required by statute:
A programmatic environmental impact statement is on file with the Department of Environmental Conservation.
Assessment of Public Comment
Comment: The regulation allowing for the taking of 5 brook trout, in addition to the statewide creel limit of 5 trout, should not be eliminated as it is not hurting the populations. When the economy is tight and license fees are increased, creel limits should not be reduced if biology is not negatively impacted. The regions where this regulation is in place have an extreme amount of small brooks and streams compared to the rest of the state that carry a great number of small trout.
Response: The department has found that many of its constituents are confused by this regulation. Established many years ago, this special regulation appears to have served little purpose, and there is no evidence that it has done much to increase angling opportunity. To benefit from this really involves angling on smaller tributaries, many of which are not heavily utilized for this purpose. Feedback from anglers, including information obtained from the 2007 Statewide Angler Survey has indicated that there are too many special regulations, and there is a need to address the resulting related complexities (e.g. interpretation). In addition, adding a bonus of five brook trout to the statewide creel limit for trout is inconsistent with current initiatives for supporting brook trout populations in times of diminishing habitat and competition with non-native fish species. This resource has come under additional stress and the department wishes to provide brook trout with a better layer of protection.
Comment: On the regulation allowing for the taking of 5 brook trout (in addition to the statewide creel limit of 5 trout) these small trout have a high mortality rate when caught and released, so letting them die is a waste of the resource.
Response: Five brook trout can still be creeled, without this special regulation, and once they have, an angler should stop fishing for trout, as is the case with other streams with the statewide reg, and there would be no additional mortality.
Comment: Young anglers have the skill to catch these small fish (versus larger fish) and often wish to keep and eat them.
Response: Even with dropping the bonus fish, young anglers will be able to creel up to five trout each.
Comment: Stopping fishing along the banks of the Oswegatchie River prior to May is wrong as people look forward to fishing for panfish, and its not fair to place further restrictions on anglers, "including the hook and sinker man" because of the reduced numbers of game fish.
Response: There has been an increase in the illegal harvest of walleye in this section of the Oswegatchie River during the closed (spawning) season, and this regulation will help prevent the illegal harvest of spawning walleyes. Results of the 2007 Statewide Angler Survey indicate that walleye are the third most sought after fish species by anglers, warranting efforts to protect valuable spawners. The closure affects only a small section of the river and will be in effect from March 16 to the first Saturday in May. Fishing above the dam will still be open year round. This regulation is widely used across New York State to protect spawning walleye.
Comment: The section of Chittenango Creek proposed for catch and release only should not be changed to catch and release only as it is a favorite area for adults to take children and to catch fish to take home for supper. For an aging group of sportsmen with mobility limiting illnesses, this area is very convenient to access, rather than a long painful trek.
Response: The two adjacent stocked sections of Chittenango Creek total 19.3 miles in length. There are four State-owned or easement angler parking areas within the 19.3 miles of stocked water. These parking areas are located on Olmstead Road, Emhoff Road, NYS Route 13 just south of Emhoff Road and on Nine Road. Three of these parking areas are outside the proposed 1.8 mile catch and release section. Fishing access to the entire 19.3 miles of stocked water is very good. There are numerous pull offs along Route 13 which are used extensively by anglers. Upstream from Route 13, good access exists in the Village of Cazenovia, Rippleton Road, Thompson Road, East Road and Nine Road.
The department currently owns 2.9 equivalent miles of Public Fishing Rights on Chittenango Creek and a total of approximately 20 miles of the creek are currently assessable to trout fishermen. Madison County also has a number of other trout streams where harvest is allowed.
Comment: On establishing the proposed section of Chittenango Creek as a catch and release section only, it doesn't seem right to take a prime section of this stream and to hand it over to some elitists so they can pursue "trophy fishing" at the expense of the regular people.
Response: Even with the establishment of a limited catch and release section there is an abundance of additional stream fishing that allows for harvest and the use of natural baits. This is a 1.8 mile section and approximately 20 miles of the creek are currently available and accessible to anglers. There is much angler support for establishing this catch and release section. The department strives to obtain a balance between being responsive to requests, such as for catch and release sections, and still ensuring adequate opportunities for all anglers.
Comment: A section better suited as a catch and release section on Chittenango Creek would be the section from south of and through the Village of Chittenango, including that it would put pressure on anglers to comply, and it would make for better public relations with parts of the public who are non supportive of the sport of angling.
Response: There are no public fishing rights in the Village of Chittenango. A catch and release section in the Village of Chittenango is less conducive for establishing a special regulated section of stream with unique fishing opportunity as it has less aesthetically appealing, being that most of that section lies within a urban business district.
Comment: The proposal to allow the use of alewives as bait in Lake Champlain and several counties including Franklin County should not be allowed as this is not an indigenous species. If blueback herring is not an indigenous species, I also urge you not to allow it to be used as bait.
Response: The regulation does not propose this. It simply removes a separate prohibition against the use of alewives and blueback herring as bait in Lake Champlain and several counties because it is now redundant and not needed as a result of the baitfish regulations that were put into place in 2008.
