7/24/13 N.Y. St. Reg. ENV-20-13-00006-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, 13-0105, 13-0340-b, 13-0340-e and 13-0340-f
Subject:
Recreational harvest regulations for summer flounder (fluke), scup and black sea bass.
Purpose:
To maximize recreational angler opportunities for popular finfish species while staying in compliance with the ASMFC and MAFMC.
Text or summary was published
in the May 15, 2013 issue of the Register, I.D. No. ENV-20-13-00006-EP.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Stephen Heins, Department of Environmental Conservation, 205 N. Belle Mead Rd., Suite 1, East Setauket, NY 11733, (631) 444-0435, email:
swheins@gw.dec.state.ny.usAdditional matter required by statute:
Pursuant to the State Environmental Quality Review Act, a negative declaration is on file with the department.
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2016, which is no later than the 3rd year after the year in which this rule is being adopted.
Assessment of Public Comment
The department received very limited comments which required little response. One commenter was not satisfied with the half inch reduction in the minimum size limit of summer flounder. New York was only able to liberalize its regulations because we were allowed to use under-utilized summer flounder from other states to augment our allowable harvest. New York is currently working with the Atlantic States Marine Fisheries Commission to provide a more permanent solution to the inequality in recreational summer flounder regulations along the Atlantic Coast.
Another commenter felt that the more restrictive black sea bass regulations, particularly the 8 fish possession limit, would not encourage anglers to target black sea bass, especially on For-Hire vessels. The 8 fish possession limit is part of a harvest reduction and combined with days removed from the season make up the regulatory option supported by New York’s Marine Resource Advisory Council.
