Proposed, Emergency, and Recently Adopted Regulations
State residents, stakeholders, and regulated parties have the opportunity to comment on proposed regulations. Comments must be made in writing and must be submitted according to the instructions provided for each proposal. Address your comments to the agency representative whose name and address appears below.
Proposed Regulations
To submit your comments on a proposed rule, use the mailing address or email provided with each proposal listed.
To submit your comments on a proposed rule, use the mailing address or email provided with each proposal listed.
6 NYCRR Part 40 – Marine Fish (Cobia)
This rulemaking allows New York to close the commercial Cobia fishery by written notice to license holders should the Atlantic States Marine Fisheries Commission (ASMFC) determine that the coastwide commercial Cobia harvest quota has been reached. This rule maintains New York’s compliance with the ASMFC fishery management plan.
Text of Proposed Regulation (PDF) - Underlines contained in the text denote new material. Brackets [ ] indicate material to be deleted.
Regulatory Impact Statement (PDF) - provides background and additional information.
Comment period is open through May 6, 2024.
Written comments can be submitted to:
Jesse Hornstein
NYS Department of Environmental Conservation
123 Kings Park Blvd
Kings Park, NY 11754
E-mail: [email protected]
6 NYCRR Part 40 – Marine Fish (Atlantic cod)
This rulemaking will amend recreational fishing regulations for Atlantic cod, including to shorten the open season from all year to September 1 – May 31, increase the minimum length from 21 inches to 23 inches, and decrease the possession limit from 10 fish per day to 5 fish to remain consistent with federal rule.
Text of Proposed Regulation (PDF) - Underlines contained in the text denote new material. Brackets [ ] indicate material to be deleted.
Regulatory Impact Statement (PDF)- provides background and additional information.
Comment period is open through April 10, 2024.
Written comments can be submitted to:
John Maniscalco
NYS Department of Environmental Conservation
123 Kings Park Blvd
Kings Park, NY 11754
E-mail: [email protected]
Public Comment Hearing
A public comment hearing for the proposed rulemaking will be held before an Administrative Law Judge (ALJ) via electronic webinar. Detailed instructions for registering for the public comment hearing can be found here.
Date: April 4, 2024
Time: 2:00 p.m.
Link to Register: https://meetny.webex.com/weblink/register/rbd7a97834741973695c27a897b77…
6 NYCRR Parts 40, 43, 44, 50, 38 – Reporting, Electronic Tracking, and Updates
This rulemaking will:
- Clarify, strengthen, and consolidate regulations requiring the reporting of fishing and purchasing activities by fishermen and seafood dealers, and to consolidate the rules ensuring the confidentiality of fishery data collected from fishermen and seafood dealers.
- Adopt regulations requiring the use of electronic vessel tracking devices in the lobster and Jonah crab fisheries in federal waters, as required by the Atlantic State Marine Fisheries Commission (ASMFC) in its most recent addendum to the pertinent fishery management plans (FMPs).
Require Party and Charter Boat License holders to submit vessel trip reports online within 48 hours of the end of the fishing trip.
Amend the location of the Division of Marine Resources Headquarters in regulation to the new address in Kings Park throughout all DMR regulations. Other changes will include updating references to the Bureau of Marine Resources to the Division of Marine Resources.
Text of Proposed Regulation (PDF) - Underlines contained in the text denote new material. Brackets [ ] indicate material to be deleted.
Regulatory Impact Statement (PDF) - provides background and additional information.
Comment period is closed.
6 NYCRR Part 44 - Lobsters and Crabs (Jonah Crab)
This rulemaking will define the Jonah Crab directed trap fishery and establish bycatch limits. These amendments are intended to protect Jonah Crab and are consistent with requirements of the Atlantic States Marine Fisheries Commission (ASMFC) Jonah Crab fishery management plan (FMP).
Text of Proposed Regulation (PDF) - Underlines contained in the text denote new material. Brackets [ ] indicate material to be deleted.
Regulatory Impact Statement (PDF) - provides background and additional information.
Comment period is closed.
6 NYCRR Part 40 - Marine Fish (Sharks)
The proposed rulemaking amends gear restrictions for recreational shore anglers to enhance law enforcement's ability to protect sharks. These amendments will establish maximum hook sizes and maximum metal leader lengths for shore anglers, limits the deployment of baited hooks to rod and reel only for shore anglers, and prohibits chumming near shore. The proposed rulemaking also adds new handling and release methods for all sharks to improve both shark and angler safety.
- Text of Proposed Regulation (PDF) - Underlines contained in the text denote new material. Brackets [ ] indicate material to be deleted.
- Regulatory Impact Statement (PDF) - provides background and additional information.
Comment period is closed.
Emergency Regulations
Recently Adopted Regulations
6 NYCRR Part 41 - Sanitary Condition of Shellfish Lands & Part 47 - Certification of Shellfish Lands
The proposed rule is necessary for the preservation of the public health. ECL section 13-0307 requires that the Department examine shellfish lands and certify those that are in such sanitary condition that shellfish may be taken and used as food; all other lands must be designated as uncertified. Shellfish harvested from areas that do not meet the bacteriological standards for certified shellfish lands have an increased potential to cause illness in shellfish consumers. Closing areas that do not meet criteria for certified shellfish lands protects the public health. This regulation will also clarify descriptions for enforcement purposes, update definitions and certification requirements for shellfish lands.
- Text of Proposed Regulation (PDF) - Underlines contained in the text denote new material. Brackets [ ] indicate material to be deleted.
- Regulatory Impact Statement (PDF) - provides background and additional information.
Adopted on November 29, 2023. Effective July 11, 2023.
6 NYCRR Part 10 - Sportfishing & Part 40 - Marine Fish (Striped Bass Size Limit)
This rulemaking is required to adopt new recreational slot size for Atlantic Striped Bass in marine waters south of the George Washington Bridge and in the Delaware River and its West Branch bordering Pennsylvania, from 28 to 35 inches to 28 to 31 inches as required by emergency action taken by the Atlantic States Marine Fisheries Commission (ASMFC) Atlantic Striped Bass Management Board on May 2, 2023.
- Text of Proposed Regulation (PDF) - Underlines contained in the text denote new material. Brackets [ ] indicate material to be deleted.
- Regulatory Impact Statement (PDF) - provides background and additional information.
Adopted on November 8, 2023. Effective July 5, 2023.
6 NYCRR Part 42 - Shellfish Control
This rule making is necessary to bring New York State regulations into compliance with the National Shellfish Sanitation Program (NSSP) Guide for the Control of Molluscan Shellfish 2019 Revision (Model Ordinance). The proposed rulemaking would benefit regulated permit holders by making it easier to understand safe shellfish handling requirements.
- Text of Proposed Regulation (PDF) - Underlines contained in the text denote new material. Brackets [ ] indicate material to be deleted.
- Regulatory Impact Statement (PDF) - provides background and additional information.
Adopted on November 1, 2023. Effective November 1, 2023.
6 NYCRR Part 40 - Marine Fish (Black Sea Bass & Scup)
This rulemaking is necessary for New York State to implement and remain in compliance with recent Atlantic States Marine Fisheries Commission (ASMFC) changes to recreational Scup and Black Sea Bass harvest. ASMFC and Mid-Atlantic Fishery Management Council (MAFMC) require recreational harvest reductions for Scup and Black Sea Bass after multiple years exceeding the recreational harvest limit for both species coastwide.
- Text of Proposed Regulation (PDF) - Underlines contained in the text denote new material. Brackets [ ] indicate material to be deleted.
- Regulatory Impact Statement (PDF) - provides background and additional information.
Adopted on September 6, 2023. Effective May 1, 2023
6 NYCRR Parts 10 and 40 - Shad and Cobia
This rulemaking is required to maintain New York's consistency with fishery management plans for transboundary and migratory species as required by Environmental Conservation Law (ECL) § 13-0105. This rule making will implement Atlantic States Marine Fisheries Commission (ASMFC) requirements for recreational American Shad and Cobia.
- Text of Proposed Regulation (PDF) - Underlines contained in the text denote new material. Brackets [ ] indicate material to be deleted.
- Regulatory Impact Statement (PDF) - provides background and additional information.
Adopted on August 16, 2023. Effective August 16, 2023.
6 NYCRR Part 40 - Marine Fish (Striped Bass)
This rulemaking is required to ensure that New York maintains compliance and consistency with requirements of the Atlantic States Marine Fisheries Commission's (ASMFC) Interstate Fishery Management Plan (FMP) for Atlantic striped bass. The FMP requires that states adopt a prohibition on the use of gaffs when fishing for striped bass during the recreational season. This rulemaking also removes the commercial tag price cap and updates federal reporting requirements.
- Text of Proposed Regulation (PDF) - Underlines contained in the text denote new material. Brackets [ ] indicate material to be deleted.
- Regulatory Impact Statement (PDF) - provides background and additional information.
Adopted on July 26, 2023. Effective March 7, 2023.