ENV-26-16-00002-P To Amend 6 NYCRR Part 40 Pertaining to Recreational Party and Charter Boat Regulations for Striped Bass  

  • 6/29/16 N.Y. St. Reg. ENV-26-16-00002-P
    NEW YORK STATE REGISTER
    VOLUME XXXVIII, ISSUE 26
    June 29, 2016
    RULE MAKING ACTIVITIES
    DEPARTMENT OF ENVIRONMENTAL CONSERVATION
    PROPOSED RULE MAKING
    NO HEARING(S) SCHEDULED
     
    I.D No. ENV-26-16-00002-P
    To Amend 6 NYCRR Part 40 Pertaining to Recreational Party and Charter Boat Regulations for Striped Bass
    PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
    Proposed Action:
    This is a consensus rule making to amend Part 40 of Title 6 NYCRR.
    Statutory authority:
    Environmental Conservation Law, sections 11-0303, 13-0105, 13-0336, 13-0339 and 13-0347
    Subject:
    To amend 6 NYCRR Part 40 pertaining to recreational party and charter boat regulations for striped bass.
    Purpose:
    To allow filleting of striped bass aboard party and charter boats.
    Text of proposed rule:
    6 NYCRR Paragraph 40.1(g)(1) is amended to read as follows:
    (1) Except as provided in [subparagraph (4)(v)] paragraphs (4) and (5) of this subdivision, it is unlawful for any person to possess striped bass from which the head or tail has been removed or that have been otherwise cleaned, cut, filleted or skinned so that the total length or identity cannot be determined; except that it is not unlawful if such fish is being prepared for immediate consumption or storage at a domicile or place of residence.
    Paragraphs 40.1(g)(4) and (5) are adopted to read as follows:
    (4) Any person who holds a valid Marine and Coastal District Party and Charter Boat License issued pursuant to Environmental Conservation Law 13-0336 may fillet striped bass taken on the permitted party or charter vessel identified on his or her license under the following conditions:
    (i) fish may be filleted for customers only;
    (ii) only fish which are legally possessed may be filleted;
    (iii) striped bass may only be filleted prior to customers leaving the vessel or the dock area prior to customers departing the area;
    (iv) it is unlawful to mutilate any striped bass carcass to the extent that the total length or species of fish cannot be determined;
    (v) all striped bass carcasses must be retained (unmixed with any other material) in a separate container readily available for inspection until such time as the vessel has docked and all passengers from that trip have left the vessel and the dock area. Any such carcasses are included in the possession limit; and
    (vi) all striped bass carcasses from any previous trip must be disposed of prior to any person beginning to fish on a subsequent trip;
    (vii) all Marine and Coastal District Party and Charter Boat License holders must provide each customer who possesses striped bass fillets with a commercially printed, dated original fare receipt, bearing the boat’s name and the owner or operator’s Party and Charter Boat License number. Any customer of a party or charter boat operated by a Marine and Coastal District Party and Charter Boat License holder who is in possession of striped bass fillets must possess an original dated receipt from that party or charter vessel.
    (5) Violators of any of the provisions of this subdivision are subject to the penalties established pursuant to the provisions of article 71 of the Environmental Conservation Law and may be subject to license revocation pursuant to Part 175 of this Title.
    Text of proposed rule and any required statements and analyses may be obtained from:
    Carol Hoffman, NYSDEC, Marine Resources, 205 North Belle Mead Road, Suite 1, East Setauket, NY 11733, (631) 444-0476, email: carol.hoffman@dec.ny.gov
    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:
    The action is subject to SEQR as an Unlisted Action and a Short EAF was completed. The Department has determined that an EIS is not required and has issued a negative declaration. The EAF and negative declaration are available upon request.
    Consensus Rule Making Determination
    This proposed rulemaking reinstates a provision in 6 NYCRR Section 40.1 that was inadvertently repealed in 2015. Prior to 2015, DEC regulations allowed party and charter boat license holders, while on board their vessels, to fillet striped bass for their customers. It was not DEC’s intention to remove this provision. The proposed rule will ensure that party and charter boat businesses may continue to provide this service for their customers.
    No person is likely to object to the rule because it simply reinstates a provision that was unintentionally repealed. There are no anticipated adverse impacts, and there are no costs to DEC, local municipalities, or the regulated public.
    Job Impact Statement
    DEC has determined that this rule making will not have substantial adverse impact on jobs and employment opportunities. Therefore, a Job Impact Statement is not required.
    This proposed rule will amend 6 NYCRR Part 40 to reinstate a provision that was inadvertently removed by a rule change that was adopted in 2015. Prior to 2015, DEC regulations allowed the filleting of striped bass aboard marine and coastal district party and charter boats. DEC issued 488 party and charter boat licenses in 2015. The proposed rule will ensure that party and charter boat businesses may continue to provide this service for their customers.

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