ENV-18-12-00010-A Recreational Harvest Regulations for Summer Flounder (Fluke), Scup and Black Sea Bass

8/1/12 N.Y. St. Reg. ENV-18-12-00010-A

NEW YORK STATE REGISTER

VOLUME XXXIV, ISSUE 31

August 01, 2012

RULE MAKING ACTIVITIES

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

NOTICE OF ADOPTION

 

I.D No. ENV-18-12-00010-A

Filing No. 689

Filing Date. Jul. 11, 2012

Effective Date. Aug. 01, 2012

Recreational Harvest Regulations for Summer Flounder (Fluke), Scup and Black Sea Bass

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 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 of emergency rule:

Existing subdivision 40.1(f) of 6 NYCRR is amended to read as follows: Species Striped bass through Atlantic cod remain the same. Species Summer flounder is amended to read as follows:

40.1(f) Table A - Recreational Fishing.

Species	Open Season	Minimum Length	Possession Limit
Summer flounder	May 1 - Sept 30	[20.5]19.5″ TL	[3]4

Species Yellowtail flounder through Winter flounder remain the same. Species Scup (porgy) licensed party/charter boat anglers through Black sea bass are amended to read as follows:

Species	Open Season	Minimum Length	Possession Limit
Scup (porgy) licensed party/charter boat anglers****	[June 8 - Sept. 6] May 1 - Aug. 31 Sept. [7]1 - Oct. [11]31 Nov. 1 - Dec. 31	11″ TL 11″ TL 11″ TL	[10]20 40 20
Scup (porgy) all other anglers	May [24]1 - [Sept. 26]Dec. 31	10.5″ TL	[10]20
Black sea bass	June [13]15 [- Oct. 1 and Nov. 1] - Dec. 31	13″ TL	[10]15

Species American shad through Oyster toadfish remain the same.

Existing paragraph 40.1 (h)(3) of 6 NYCRR is amended to read as follows:

Party and charter boat license holders must provide each customer who possess more than [25]20 scup during the period of September 1st through October 31st with a commercially printed, dated original fare receipt, bearing the vessel's name and permit number. The customer of any party/charter boat who lands or possesses more than [25]20 scup during the period of September 1st through October 31st must possess an original receipt from a licensed party or charter boat.

Final rule as compared with last published rule:

Nonsubstantive changes were made in section 40.1(h)(3).

Text of rule and any required statements and analyses may be obtained from:

Stephen Heins, New York State Department of Environmental Conservation, 205 North Belle Mead Road, Suite 1, East Setauket, New York 11733, [phone], email: [e-mail]

Additional matter required by statute:

Pursuant to the State Environmental Quality Review Act, a negative declaration is on file with the department.

Revised Regulatory Impact Statement

The original Regulatory Impact Statement, as published in the New York State Register on May 2, 2012, remains valid and does not need to be amended. Non-substantive changes were made to the proposed rule. The possession limit triggers for the bonus season requirements for scup anglers aboard a licensed party and charter boat had to be amended from 25 to 20 scup in 6 NYCRR 40.1(h)(3) for consistency with the proposed rule.

Revised Regulatory Flexibility Analysis

The original Regulatory Flexibility Analysis for Small Businesses and Local Governments Statement, as published in the New York State Register on May 2, 2012, remains valid and does not need to be amended. Non-substantive changes were made to the proposed rule. The possession limit triggers for the bonus season requirements for scup anglers aboard a licensed party and charter boat had to be amended from 25 to 20 scup in 6 NYCRR 40.1(h)(3) for consistency with the proposed rule.

Revised Rural Area Flexibility Analysis

The original Rural Area Flexibility Analysis Statement, as published in the New York State Register on May 2, 2012, remains valid and does not need to be amended. The Department of Environmental Conservation has determined that this rule will not impose an adverse impact on rural areas. There are no rural areas within the marine and coastal district. The summer flounder, scup and black sea bass fisheries directly affected by the proposed rule are entirely located within the marine and coastal district, and are not located adjacent to any rural areas of the state. Further, the proposed rule does not impose any reporting, record-keeping, or other compliance requirements on public or private entities in rural areas. Since no rural areas will be affected by the proposed amendments of 6 NYCRR Part 40, a Rural Area Flexibility Analysis is not required.

Revised Job Impact Statement

The original Job Impact Statement, as published in the New York State Register on May 2, 2012, remains valid and does not need to be amended. Non-substantive changes were made to the proposed rule. The possession limit triggers for the bonus season requirements for scup anglers aboard a licensed party and charter boat had to be amended from 25 to 20 scup in 6 NYCRR 40.1(h)(3) for consistency with the proposed rule.

Assessment of Public Comment

DEC received one comment concerning the proposed rule.

Comment: The author was content with the relaxation of summer flounder regulations but believes that the regulations regarding scup and black sea bass are not stringent enough.

DEC response: Changes made to the marine recreational regulations for both species included season expansions and increases in the possession or bag limit. The black sea bass and scup regulations were developed as part of a multi-state (Massachusetts, Rhode Island, Connecticut and New York) cooperative effort to make recreational fishing regulations more contiguous among neighboring states. The portion of the recreational fishing industry that is based out of western Nassau County, Brooklyn, and Queens must compete for business with New Jersey's significantly more relaxed regulations and specifically requested a larger black sea bass trip limit. The regulations proposed in the emergency rule are consistent with harvest limits imposed by the Atlantic States Marine Fisheries Commission.