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.
6 NYCRR Part 41- Sanitary Conditions of Shellfish
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.
Comment period is open through October 27, 2025.
Written comments can be submitted to:
Cassidy Mullin
DEC Division of Marine Resources
123 Kings Park Blvd
Kings Park, NY 11754
E-mail: [email protected]
Emergency Regulations
6 NYCRR Part 41- Sanitary Conditions of Shellfish
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. This rulemaking will remain in effect for 90 days.
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.
Recently Adopted Regulations
6 NYCRR Part 40- Marine Fish (Coastal Sharks)
This rulemaking prohibits all take and possession of Oceanic Whitetip shark and clarifies that the Department may manage commercial shark harvest limits by directive. This rule will bring New York into compliance with the Atlantic States Marine Fisheries Commission (ASMFC) fishery management plans.
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 27, 2025. Effective August 27, 2025.
6 NYCRR Part 40- Marine Fish (Cobia)
This rulemaking adopts new recreational regulations for Cobia to remain in compliance with the Atlantic States Marine Fisheries Commission (ASMFC) fishery management plans.
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 27, 2025. Effective April 8, 2025.
6 NYCRR Part 36- Gear and Operation of Gear & Part 40- Marine Fish (American Eel)
This rulemaking proposes new regulations for commercial American Eel pots. This rule will bring New York into compliance with the Atlantic States Marine Fisheries Commission (ASMFC) American Eel 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.
Adopted on June 4, 2025. Effective June 4, 2025.
6 NYCRR Part 44 – Crabs and Horseshoe Crabs
This rulemaking repromulgates 6 NYCRR sections 44.2, 44.3, and 44.4, under the statutory authority of ECL sections 13-0105 and 3-0301. These regulations were previously promulgated pursuant to ECL section 13-0331(7), which expired on December 31, 2024.
The rule is necessary to protect Crabs and Horseshoe Crabs from overharvest, comply with interstate fishery management plans, and prevent the significant economic impacts associated with a federal closure of the State’s Horseshoe Crab and Jonah Crab fisheries.
- 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.
- Assessment of Public Comment (PDF) – full text of assessment of public comment received on this rule
Adopted on May 7, 2025. Effective May 7, 2025.
6 NYCRR Part 41 – Sanitary Condition 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 October 16, 2025. Effective May 29, 2024.
6 NYCRR Part 10 - Sportfishing & Part 40 - Marine Fish (Atlantic Striped Bass)
This rulemaking adopts new recreational regulations for Atlantic Striped Bass to remain in compliance with the Atlantic States Marine Fisheries Commission (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.
Adopted on September 18, 2024. Effective May 1, 2024.
