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 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.
Comment period is open through July 21, 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 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.
Comment period is open through June 23, 2025.
Written comments can be submitted to:
Zachary Schuller
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 closed.
Emergency Regulations
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. 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 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.
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.
