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 44 – Crabs and Horseshoe Crabs
This rulemaking will repromulgate 6 NYCRR sections 44.2, 44.3, and 44.4, which regulate crabs, horseshoe crabs, and mitten crabs, respectively, 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 proposed 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.
Notice of Public Comment Hearing
A public comment hearing webinar for the proposed rule will be held on April 8, 2025, before Administrative Law Judge (ALJ) Jennifer Ukeritis via electronic webinar as follows and, accordingly, are reasonably accessible to persons with impaired mobility:
Date: April 8, 2025
Time: 6:00 p.m.
Registration Link:
https://meetny-gov.webex.com/weblink/register/r520aea377d7ae87f4d943f9f78fb6616
Meeting Number: 2818 732 9713
Meeting Password: Welcome1
Join by phone: Call 415-527-5035. Enter access code 2818 732 9713 and password 93526631.
Persons wishing to comment on the proposed rulemaking will have the opportunity to make a statement at the public comment hearing webinar. Any person wishing to provide a public statement at the virtual hearing on April 8, 2025 must register in advance of the hearing no later than 4:00 p.m. the previous day. Each speaker will have a limit of two minutes to make their public comment. Additional hearing sessions may be scheduled if more than 60 persons register to speak for this session. Any person may listen to the hearing by phone without pre-registration.
All participants will be muted upon entry into the hearing. The ALJ will call each person who has requested to provide a statement to speak. The ALJ will continue the hearing until everyone wishing to speak has been heard or other reasonable arrangements have been made to include their comments in the record. A two-minute time limit will be set for each speaker to afford all participants an opportunity to be heard. We recommend that lengthy comments be summarized for oral presentation and submitted in writing as provided below. The hearing will be recorded for inclusion in the record.
Language interpretation services shall be made available to persons with limited English proficiency, including American Sign Language, at no cost. Requests must be received 10 calendar days before the meeting, but DEC will make every effort to fulfill requests received closer to the hearing date. Requests can be directed to the NYSDEC Division of Communication, Education, and Engagement by mail (address: NYSDEC, 625 Broadway, Albany, New York 12233-4500), e-mail ([email protected]), or phone (518) 402-8028.
Comment period is open through April 13, 2025.
Written comments can be submitted to:
Christopher Scott
DEC Division of Marine Resources
123 Kings Park Blvd
Kings Park, NY 11754
E-mail: [email protected]
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.
Comment period is open through February 24, 2025.
Written comments can be submitted to:
Caitlin Craig
DEC Division of Marine Resources
123 Kings Park Blvd
Kings Park, NY 11754
E-mail: [email protected]
Emergency Regulations
There are no Emergency Regulations at this time.
Recently Adopted Regulations
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. 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.
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.
6 NYCRR Part 40 – Marine Fish (Scup and Summer Flounder)
This rulemaking adopts new recreational regulations for Scup and Summer Flounder to remain in compliance with the Atlantic States Marine Fisheries Commission (ASMFC) and Mid-Atlantic Fishery Management Council (MAFMC) 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 21, 2024. Effective April 2, 2024.
6 NYCRR Parts 40, 43, 44, 50, 38 – Reporting, Electronic Tracking, and Updates
This rulemaking:
- Clarifies, strengthens, and consolidates regulations requiring the reporting of fishing and purchasing activities by fishermen and seafood dealers, and consolidates the rules ensuring the confidentiality of fishery data collected from fishermen and seafood dealers.
- Adopts 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).
- Requires Party and Charter Boat License holders to submit vessel trip reports online within 48 hours of the end of the fishing trip.
- Amends the location of the Division of Marine Resources Headquarters in regulation to the new address in Kings Park throughout all DMR regulations. Other changes 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.
Assessment of Public Comment (PDF) – full text of assessment of public comment received on this rule
Adopted on July 10, 2024. Effective July 10, 2024.
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.
Adopted on June 26, 2024. Effective June 26, 2024.
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.
Adopted on June 26, 2024. Effective June 26, 2024.
6 NYCRR Part 40 – Marine Fish (Atlantic cod)
This rulemaking amends 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.
Adopted on June 12, 2024. Effective June 12, 2024.
6 NYCRR Part 40 - Marine Fish (Sharks)
This 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.
- Assessment of Public Comment (PDF) – full text of assessment of public comment received on this rule
Adopted on April 17, 2024. Effective April 17, 2024.