Contact: Gabrielle DeMarco (518) 402-8000
DEC Announces Proposed Marine Fishing Regulation Changes
Public Encouraged to Comment on Draft Regulations until January 2, 2006
New York State Department of Environmental Conservation (DEC) Acting Commissioner Denise M. Sheehan today announced proposed revisions to DEC's marine commercial and recreational fishing regulations. The proposed changes incorporate revisions that are needed to meet compliance requirements of the Atlantic States Marine Fisheries Commission's Interstate Fishery Management Plans (FMP's) and to achieve consistency with federal regulations for cooperatively managed fisheries. Several changes to commercial fishing measures are proposed to address recommendations of the Marine Resources Advisory Council.
"Every year, modifications in our marine fishing regulations help us protect and preserve our important fisheries," Commissioner Sheehan said. "New York State will continue to work to provide anglers with the best possible opportunities while also working to balance protection of our natural resources and the enhancement of our fishing industries."
The proposed changes include the following:
 | Atlantic Cod and Haddock - Decrease the recreational minimum size limits for Atlantic cod and haddock to 22" and 19", respectively, to be consistent with federal regulations and those of neighboring states; |
| Winter Flounder Recreational Fishing Regulations - Increase minimum length to 12", decrease possession limit to 10 and reduce the open season for recreational winter flounder fishing so that it runs from April 1 to May 30 each year, all as required by Amendment 1 to the ASMFC Winter Flounder FMP. The season previously ran from the 3rd Saturday in March to June 30 each year and September 15 to November 30 each year; |
| Black Sea Bass - Increase the recreational Black Sea Bass fishing season to year-round, eliminating the current Dec. 1 to Dec. 31 closure; |
| Oyster Toadfish - Implement new recreational and commercial minimum size limit of 10", possession limit of 3 recreational and 25 commercial, and implement a closed season from May 15 to July 15 for oyster toadfish; |
| Commercial Trip Limit Definition - Clarify the existing trip limit definition and add language that allows the Department to establish weekly or biweekly limits for scup and weekly limits for fluke. The trip limit definition outlines how much fish a commercial fisherman is allowed per day. Under the draft regulations, the definition would be revised to offer an alternative to a daily trip limit (i.e. a weekly or bi-weekly limit instead); |
| Marine Party and Charter License Holders - Require all licensed Party and Charter license holders to carry an on-board observer and to report catch and effort information when requested by authorized representatives of DEC or National Marine Fisheries Service (NMFS). Upon notice by DEC, require all licensed Party and Charter Boats to submit Fishing Vessel Trip Reports for each for-hire trip; |
| Commercial Foodfish License Decal - Implement a requirement that all commercial Foodfish License holders display a DEC-issued decal while commercial fishing; |
| Sharks - Revise Federal Register citation for shark regulations to incorporate by reference the National Marine Fisheries Service's new shark regulations, and maintain consistency with the federal shark fishing regulations. The federal shark regulations cover open and closed seasons, minimum size limits, catch limits and more for many different species of sharks. These federal regulations were updated in 2003 and DEC's draft regulations would ensure that State regulations are consistent with the amended federal regulations; |
| Summer Flounder, bluefish, black sea bass and spiny dogfish commercial regulations - eliminate duplicate text in the existing summer flounder, bluefish, black sea bass and spiny dogfish commercial regulations, to reflect changes in quota periods, to correct internal text references and to allow flexibility for quota management; |
| Winter Flounder - Eliminate the registry and independent reporting for the commercial winter flounder fyke net fishery; |
| Winter flounder and Scup - Increase minimum mesh size requirements for winter flounder ( 6' diamond and 6.5" square) and scup (5" diamond for 75 meshes forward of the terminus of the cod end, or throughout the net if the net is less than 125 meshes in length) trawls, as required by the ASMFC's FMP's for these species; and |
| Striped Bass - Increase by-catch limit for striped bass caught in commercial trawl gear from 7 to 21. |
The proposed revisions are available for public comment until January 2, 2006. Comments may be mailed to: NYSDEC, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 Belle Mead Road, Suite #1, East Setauket, NY 11733, or can be e-mailed to fwmarine@gw.dec.state.ny.us. On any e-mail sent to this address, please include subject head "Comments on Marine Fish Proposed Regulations."
Further information on the proposed changes is available at the above address, or by calling 631-444-0436, and copies of the text of the proposed rule can be downloaded from the DEC website at www.dec.state.ny.us/website/dfwmr/propregs/part40text.html .
New York State participates in the cooperative management of migratory marine fisheries under the Interstate Fishery Management Program of the Atlantic States Marine Fisheries Commission (ASMFC). Under that program, ASMFC adopts Interstate Fisheries Management Plans (FMP's) for individual species or groups of fish. Under the provisions of the Atlantic Coastal Fisheries Cooperative Management Act (ACFCMA), ASMFC determines if states have implemented provisions of FMP's in a timely manner. If ASMFC determines a state to be in non-compliance with an FMP, the Commission notifies the U.S. Secretary of Commerce. If the Secretary concurs in the non-compliance determination, the Secretary promulgates and enforces a complete prohibition on all fishing for the species in the waters of the non-compliant state until the state comes into compliance with the FMP.
The National Marine Fisheries Service's Marine Recreational Fishing Statistics Survey estimated that over a half-million anglers made more than 4.6 million fishing trips in New York's marine waters in 2004. The most popular species in New York marine anglers' catch are striped bass, bluefish, fluke and porgy, with estimated 2004 catches of 1.7 million, 3.2 million, 3.4 million, and 3.9 million fish caught, respectively. A 2001 study by the New York Sea Grant Institute estimated that New York's marine recreational fishing industry annually contributes a total of over $1.3 billion to the State's economy and supports 21,000 jobs.
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