ENV-28-16-00002-A Regulations Governing the Recreational Harvest of Black Sea Bass

9/21/16 N.Y. St. Reg. ENV-28-16-00002-A

NEW YORK STATE REGISTER

VOLUME XXXVIII, ISSUE 38

September 21, 2016

RULE MAKING ACTIVITIES

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

NOTICE OF ADOPTION

 

I.D No. ENV-28-16-00002-A

Filing No. 834

Filing Date. Sept. 02, 2016

Effective Date. Sept. 21, 2016

Regulations Governing the Recreational Harvest of 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 11-0303, 13-0105 and 13-0340-f

Subject:

Regulations governing the recreational harvest of black sea bass.

Purpose:

To reduce recreational black sea bass harvest in New York State.

Text or summary was published

in the July 13, 2016 issue of the Register, I.D. No. ENV-28-16-00002-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, New York State Department of Environmental Conservation, 205 North Belle Mead Road, Suite 1, East Setauket, NY 11733, [phone], email: [e-mail]

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 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

DEC received two comments from a single individual regarding the proposed rulemaking.

Comment: The disparity in regulations, particularly the minimum size limit, between New York’s commercial (11 inches) and recreational (15 inches) black sea bass fisheries is not equitable.

DEC Response: The fishery data systems accounting for how many black sea bass are taken by commercial harvesters and by recreational harvesters are very different. Commercial harvesters and the dealers that buy their catch are both required to report their landings and purchases, respectively. This allows for careful monitoring of commercial harvest. There are also only approximately 1,000 food fish license holders in New York. Lastly, the commercial minimum size limit for most species is set by the federal government.

In contrast, there are hundreds of thousands of marine recreational anglers who may choose to fish for black sea bass. Controlling and monitoring the harvest of this many anglers is very difficult. States are given some individual flexibility with respect to how they constrain recreational harvest to satisfy federally mandated limits. In New York, the much larger recreational minimum size is a result of state managers working with marine recreational fishing interests to optimize the minimum size, season, and possession limit to suit New York’s fishery while constraining harvest.

Comment: Black sea bass are locally overabundant. More restrictions on recreational harvest are unnecessary.

DEC Response: Recreational harvest over the past few years and regional surveys do suggest that the black sea bass population in New York is healthy and abundant. However, the coast-wide catch limits are set by the federal government which takes into account the abundance of black sea bass from North Carolina to Massachusetts. New York State must abide by the federal limits and adopt measures that constrain harvest. If New York were to not adopt these regulations that reduce the recreational black sea bass harvest in 2016, the State would be out of compliance with ASMFC and NMFS requirements and subject to a federal closure of the recreational and commercial black sea bass fisheries. A new population assessment for black sea bass is scheduled to be completed for the end of 2016. If this assessment confirms the great abundance of this species, it will allow for greater harvest and a smaller minimum size in the near future.