To revise regulations governing sportfishing and associated activities including use of bait fish.
Substance of proposed rule (Full text is posted at the following State website:www.dec.ny.gov):
The purpose of this rule making is to amend the Department of Environmental Conservation's (department) general regulations governing sportfishing (6 NYCRR Part 10). Following biennial review of the department's fishing regulations, department staff have determined that the proposed amendments are necessary to maintain or improve the quality of the State's fisheries resources. Changes to sportfishing regulations are intended to promote optimum opportunity for public use consistent with resource conservation.
The following is a summary of the amendments that the department is proposing:
• Eliminate catch and release only regulations in Hempstead Lake (Nassau County).
• Eliminate the 15 inch minimum size limit for black bass at Fort Pond and Lake Ronkonkoma (Suffolk County).
• Establish a catch and release, year round, season at Randall Pond (Suffolk County).
• Delete the special walleye regulations for Burden Reservoir (Burden Lake) and Dunham Lake (Rensselaer County).
• Delete the baitfish prohibited regulation for Weed Mines Pond (Columbia County).
• Establish a creel limit of 10 fish for river herring (alewife and blueback herring) for the Delaware River and its West Branch bordering Pennsylvania.
• Ban possession of river herring (alewife and blueback herring) in the Waterford Flight (Lock 2-Guard Gate 2) on the Saratoga County side of the Mohawk River.
• Delete the any size limit regulation for northern pike in Lake Adirondack, Hamilton County.
• Apply the statewide regulation for pickerel, eliminating the any size limit regulation in: Essex, Hamilton, Saratoga, Warren and Washington County waters: Schroon Lake and Paradox Lake.
• Apply the statewide regulation creel limit of 50 fish per day for yellow perch and sunfish for Clinton, Essex, Franklin and Hamilton Counties, as well as for Schroon Lake.
• Add new State land trout waters to bait fish prohibited list for Essex, Hamilton, and Washington Counties.
• Allow ice fishing for rainbow trout in Glen Lake (Warren County).
• Delete special walleye regulation for Muskellunge Lake (Jefferson County).
• Prohibit fishing from March 16 until the opening of walleye season in section of the Oswegatchie River (St. Lawrence County).
• Reduce the minimum size limit for lake trout from 21" to 18" at Lake Bonaparte (Lewis County).
• Delete special regulation that allows for the harvesting of an additional 5 brook trout (under 8 inches in size) to the statewide creel limit.
• Establish a catch and release artificial lures only trout fishing section Chittenango Creek (Madison County).
Several additional amendments are included, not for the purposes of proposing new regulation changes (i.e. substantive regulation modifications) but (1) to establish or clarify an earlier intended change (that was not correctly documented), or (2) to better clarify an existing regulation (by rewording etc.).
• Verify (as intended earlier) that trout fishing in the Amawalk Outlet (Westchester County) is limited to artificial lures only.
• Verify, as intended earlier that the minimum size for landlocked salmon for Upper Chateaugay Lake and Chazy Lake (Clinton County) is 15 inches.
• Establish more generic wording to protect additional hatchery broodstock (i.e. round whitefish) at Little Green Pond in Franklin County.
• Clarify current language to clarify precise location of where fishing is prohibited during the walleye spawning season, for Great Sacandaga Lake tributaries (Hamilton and Franklin Counties).
• Clarify that the lake trout daily limit of 2 fish, and Landlocked salmon daily limit of 3 fish applies to Warren County (as well as Essex) for Schroon Lake.
• Remove a separate and redundant prohibition against the use of alewives and blueback herring as bait in Lake Champlain, Clinton County, Essex County, Franklin County, Warren County, Washington County and Canadarago Lake (Otsego County).
Text of proposed 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: skeeler@gw.dec.state.ny.us
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:
A Programmatic Impact Statement pertaining to these actions is on file with the Department of Environmental Conservation.
Regulatory Impact Statement
1. Statutory Authority
Sections 3-0301 of the Environmental Conservation Law (ECL) establishes the general functions, powers and duties of the Department of Environmental Conservation (department) and the Commissioner, including general authority to adopt regulations. Sections 11-0303 and 11-0305 of the ECL authorize the department to provide for the management and protection of the State's fisheries resources, taking into consideration ecological factors, public safety, and the safety and protection of private property. Section 11-0317 of the ECL empowers the department to adopt regulations, after consultation with the appropriate agencies of the neighboring states and the Province of Ontario, establishing open seasons, minimum size limits, manner of taking, and creel and seasonal limits for the taking of fish in the waters of Lake Erie, Lake Ontario, the Niagara River and the St. Lawrence River. Sections 11-1301 and 11-1303 of the ECL empower the department to fix by regulation open seasons, size and catch limits, and the manner of taking of all species of fish, except certain species of marine fish (listed in section 13-0339 of the ECL), in all waters of the State. Section 11-1316 of the ECL empowers the department to designate by regulation waters in which the use of bait fish is prohibited. Section 11-1319 of the ECL governs possession of fish taken in waters of the State.
2. Legislative Objectives
Open seasons, size restrictions, daily creel limits, and restrictions regarding the manner of taking fish are tools used by the department in achieving the intent of the legislation referenced above. The purpose of setting seasons is to prevent over-exploitation of fish populations during vulnerable periods, such as spawning, thereby ensuring a healthy population. Size limits are necessary to maintain quality fisheries and to ensure that adequate numbers survive to spawning age. Creel limits are used to distribute the harvest of fish among many anglers and optimize resource benefits. Regulations governing the manner of taking fish upgrade the quality of the recreational experience, provide for a variety of harvest techniques and angler preferences, and limit exploitation. Catch and release fishing regulations are used in waters capable of sustaining outstanding growth and providing a large population of desirable-sized fish, creating an outstanding opportunity for anglers willing to forego harvesting fish. Prohibiting the use of bait fish in specific waters preserves native fish communities by preventing the introduction of undesirable fish species.
3. Needs and Benefits
Most significant fishery resources in New York State are monitored through annual or periodic survey and inventory by Bureau of Fisheries staff. These fisheries surveys identify particular situations where changes in fishing regulations may be required to maintain the quality of a particular fishery or where significant opportunity for improvement or enhancement of the fishery exists. Additional regulation changes are prompted by the recommendation of users groups or the need to correct or clarify existing regulations. Concepts for regulation amendments that address identified needs are developed by Bureau of Fisheries staff and reviewed with sportsmen's groups at the local, regional, or state-wide level, depending upon the significance of the proposal.
In order to facilitate compliance by the angling public, significant revisions of the department's fishing regulations are currently conducted on a biennial schedule. The proposed amendments are necessary to maintain or improve the quality of the State's fisheries resources. Changes to sportfishing regulations are intended to promote optimum opportunity for public use consistent with resource conservation.
4. Costs
Enactment of the rules and regulations described herein governing fishing will not result in increased expenditures by the State, local governments, or the general public.
5. Local Government Mandates
These amendments of 6 NYCRR will not impose any programs, services, duties or responsibilities upon any county, city, town, village, school district, or fire district.
6. Paperwork
No additional paperwork will be required as a result of these proposed changes in regulations.
7. Duplication
There are no other State or federal regulations which govern the taking of fish.
8. Alternatives
The primary alternative to the proposed regulations would be to retain current fishing regulations. In the absence of the proposed changes, opportunities to enhance the quality or public use and enjoyment of fisheries may be deferred or lost. Some fish populations may decline if the proposed regulations are not enacted in a timely manner. In addition, in a few instances, such as restriction of the use of bait fish, failure to adopt regulations in a timely manner could result in undesirable and irreversible changes in aquatic community structure.
9. Federal Standards
There are no minimum federal standards that apply to the regulation of sportfishing.
10. Compliance Schedule
These regulations, if adopted, will be in effect for the 2010-2012 license year, which begins on October 1, 2010. It is anticipated that regulated persons will be able to immediately comply with these regulations once they take effect.
Regulatory Flexibility Analysis
The purpose of this rule making is to amend and update the Department of Environmental Conservation's (department) general regulations governing sportfishing. These amendments were developed as a result of the department's biennial review of existing sportfishing regulations. Changes to these regulations are intended to promote optimum opportunity for public use consistent with resource conservation.
The department has determined that the proposed regulations will not impose an adverse impact or any new or additional reporting, record-keeping or other compliance requirements on small businesses or local governments. All reporting or record-keeping requirements associated with sportfishing are administered by the department. Since small businesses and local governments have no management or compliance role in the regulation of sport fisheries, there is no impact upon these entities. Small businesses may, and town or village clerks do issue fishing and sportsman licenses. However, the department's rule making proposal does not change this process.
Fishing guides are the only business entities directly affected and impacted by changes to regulations pertaining to sport fishing. However, the actions proposed in this rule making (e.g. adjustments to season dates, bag limits, minimum size limits, gear restrictions ECT) are not measures that result in an overall loss of angling opportunities or diminish opportunities for taking fish. Therefore, while guide businesses would need to adjust techniques and schedules to comply with the proposed regulations, these businesses should not lose clientele as a result or otherwise be adversely impacted by the changes. In fact, positive impacts are anticipated for these businesses because the proposed regulations would enhance the likelihood that angling opportunities will remain high and sustainable for future anglers and fishing-related businesses.
Based on the above, the department has determined that a regulatory flexibility analysis is not required.
Rural Area Flexibility Analysis
The purpose of this rule making is to amend and update the Department of Environmental Conservation's (department) general regulations governing sportfishing. These amendments were developed as a result of the department's biennial review of existing sportfishing regulations. Changes to these regulations are intended to promote optimum opportunity for public use consistent with resource conservation.
The department has determined that the proposed rules will not impose an adverse impact or any new or additional reporting, record-keeping, or other compliance requirements on public or private entities in rural areas. All reporting or record-keeping requirements associated with sportfishing are administered by the department. The proposed regulations are not anticipated to negatively change the number of participants or the frequency of participation in regulated activities.
Fishing guides are the only entities directly affected and impacted by changes to regulations pertaining to sport fishing. However, the actions proposed in this rule making (e.g. adjustments to season dates, bag limits, minimum size limits, gear restrictions, etc.) are not measures that result in an overall loss of angling opportunities or diminish opportunities for taking fish. Therefore, while guide businesses would need to adjust techniques and schedules to comply with the proposed regulations, these businesses should not lose clientele as a result or otherwise be adversely impacted by the changes. In fact, positive impacts are anticipated for these businesses because the proposed regulations would enhance the likelihood that angling opportunities will remain high and sustainable for future anglers and fishing-related businesses.
Small businesses may, and town or village clerks do issue fishing and sportsman licenses. However, the department's rule making proposal does not change this process.
Since the department's proposed rule making will not impose an adverse impact on public or private entities in rural areas and will have no effect on current reporting, record-keeping, or other compliance requirements, the department has concluded that a rural area flexibility analysis is not required for this regulatory proposal.
Job Impact Statement
The purpose of this rule making is to amend and update the Department of Environmental Conservation's (department) general regulations governing sportfishing. These amendments were developed as a result of the department's biennial review of existing sportfishing regulations. Changes to these regulations are intended to promote optimum opportunity for public use consistent with resource conservation.
Fishing guides are the only business entities directly affected and impacted by changes to regulations pertaining to sport fishing. However, the actions proposed in this rule making (e.g. adjustments to season dates, bag limits, minimum size limits, gear restrictions, etc.) are not measures that result in a overall loss of angling opportunities or diminish opportunities for taking fish. Therefore, while guide businesses would need to adjust techniques and schedules to comply with the proposed regulations, these businesses should not lose clientele as a result or otherwise be adversely impacted by the changes, and no fishing guide jobs should be lost. In fact, positive impacts are anticipated for these businesses because the proposed regulations would enhance the likelihood that angling opportunities will remain high and sustainable for future anglers and fishing-related businesses.
Based on the above, the department has concluded that the proposed regulatory changes will not have an adverse impact on jobs or employment opportunities in New York, and that a job impact statement is not required.
