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 38- Marine Fisheries Data Management & Part 40- Marine Fish (Striped Bass)
This rule amends part 40 to allow the transfer of commercial Striped Bass tags, establishes the commercial Striped Bass transfer program in regulation, and specifies program requirements. Additionally, this rule moves Striped Bass specific reporting requirements from Part 40 to Part 38, updates reporting requirements to be consistent with the policies set forth under the new commercial Striped Bass tag transfer program, and amends the Striped Bass Commercial Harvester permit renewal deadline from April 15 to February 15 (to commence in 2027).
- 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 virtual public comment hearing webinar for the proposed rule will be held on March 24, 2026, before Administrative Law Judge (ALJ) Timothy MacPherson via WebEx electronic webinar as follows and accordingly is reasonably accessible to persons with impaired mobility:
Date: March 24, 2026
Time: 2:00 p.m.
Registration Link:
https://meetny-gov.webex.com/weblink/register/r28885b0a9b96278db7e0bc9e07138442
Meeting Number: 2819 720 2787
Meeting Password: Marine1
Join by phone: Call 415-527-5035 and enter Access code: 2819 720 2787 and Password: 6274631
Persons wishing to comment on the proposed rulemaking at the virtual hearing on March 24, 2026 must register to speak no later than 4:00 p.m. on March 23, 2026. The ALJ may limit the amount of time each speaker has to comment to ensure that all individuals have an opportunity to be heard. 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 registered to speak in the order in which they registered. 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. We recommend that lengthy comments be summarized for oral presentation and submitted in writing as provided below. Equal weight will be given to oral and written comments. 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 March 30, 2026.
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 currently no emergency regulations in effect.
Recently Adopted 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.
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 December 24, 2025. Effective August 6, 2025.
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.
