6/22/16 N.Y. St. Reg. ENV-50-15-00002-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of Part 40 of Title 6 NYCRR.
Statutory authority:
Environmental Conservation Law, sections 11-0303 and 13-0340-f
Subject:
Management of black sea bass.
Purpose:
Redefine the term trip limit to allow two fishers aboard a single vessel to possess and land the trip limit for black sea bass.
Text or summary was published
in the December 16, 2015 issue of the Register, I.D. No. ENV-50-15-00002-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Karen Graulich, DEC Marine Resources, 205 N. Belle Mead Rd. - Suite 1, East Setauket, NY 11733, (631) 444-5636, email:
karen.graulich@dec.ny.govAdditional matter required by statute:
The action is subject to SEQR as an Unlisted action and a Short EAF was completed. The Department has determined that an EIS need not be prepared and has issued a negative declaration. The EAF and negative declaration are available upon request.
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2019, which is no later than the 3rd year after the year in which this rule is being adopted.
Assessment of Public Comment
We received five comments through email. Two comments were in support of the proposed changes to the regulations, citing safety as well as the economic and environmental benefits that would result from the change.
Two other commenters misunderstood the proposed changes. One expressed concern about changes to the black sea bass size limit and a year-round commercial season, neither of which are part of the proposed regulatory changes. This commenter also submitted a second email requesting information comparing recreational and commercial black sea bass management. The other commenter suggested a reduction in the recreational black sea bass size limit from 14 to 12 inches. Again, the proposed changes have nothing to do with changing the size limit or the recreational black sea bass fishery.
The fifth commenter did not include any comments or text in the email other than the subject line “Comments for Part 40, Section 13-0303 and 13-0340-f - Management of Black Sea Bass”.
