DEC Announces Finalized Marine Crustacean Regulation
Changes Made Following Public Review of Proposed Regulations
New York State Department of Environmental Conservation (DEC) Commissioner Denise M. Sheehan today announced the adoption of amendments to DEC=s marine crustacean regulations. The changes are necessary in order for New York to comply with requirements of Interstate Fishery Management Plans (FMPs) adopted by the Atlantic States Marine Fisheries Commission (AMSFC). In addition, the amendments will ensure that management regulations are consistent with the status and needs of marine crustacean stocks, and will decrease user conflicts.
The proposed regulations were issued in March 2006. The public was encouraged to submit comments on the regulations to DEC by May 8, 2006. DEC reviewed all comments received and considered them while finalizing the regulations.
DEC adopts marine crustacean regulations in an effort to maintain healthy and sustainable fisheries, while at the same time working to balance the protection of our natural resources with the enhancement of the State's fishing industries.
The amendments announced today include the following:
 | Increase the circular vent size on lobster pots. The action will bring New York's regulations into compliance with the ASMFC American Lobster FMP circular vent requirement; |
| Clarify the lobster trap tag regulations and link them with criteria established in the ASMFC American Lobster FMP. These changes will help permit holders understand and comply with the trap tag regulations, and will also keep New York in compliance with the ASMFC American Lobster FMP; |
| Establish criteria for authorizing a lobster permit holder to tend another permit holder's gear in the event of a "temporary emergency." Environmental Conservation Law (ECL) 13-0329(6) directs DEC to develop these criteria; |
| Revise reporting requirements to include lobster bait gillnet permit holders. The action clarifies reporting requirements and ensures that all harvests of marine resources are reported; |
| Revise regulations to allow horseshoe crabs harvested for bio-medical purposes to be sold as bait. This action responds to requests for flexibility from the fishing industry and will also decrease horseshoe crab mortality; |
| Establish criteria to close areas to commercial horseshoe crab hand harvest. This action responds to concerns about declines in shorebird populations, in particular red knot, and a potential decrease in food availability due to horseshoe crab harvest. It is also expected to decrease user conflicts, particularly in public recreation and education areas; |
| Establish regulations for marking crab pots. These amendments will benefit both crab permit holders and law enforcement agents by facilitating gear owner identification, and will thereby help prevent vandalism of gear. Buoying is optional, and will have the same benefit as pot marking. Where buoys are used, they must be visible during the day and night and be affixed with sinking line to decrease conflicts with the boating public and increase boating safety; |
| Restrict the placement of lobster and crab pots in relation to designated navigation channels. These amendments are intended to decrease conflicts with the boating public and increase safety; |
| Establish or clarify regulations on the construction of escape panels in crab and lobster pots, thus ensuring that lost pots will not continue to kill marine organisms; |
| Establish regulations on the use of terrapin excluder devices in crab pots. The proposed action will decrease mortality of Diamondback Terrapin in areas where DEC is concerned about their population status; and |
| Establish minimum size limits for blue crabs. The proposed size limits are consistent with New Jersey, and similar to other east coast states. A minimum size will decrease the harvest of immature blue crabs and may allow more blue crabs to reach maturity and reproduce. |
The new regulations are effective upon publication in the State Register today, June 14, 2006. The text of the new rule can be downloaded from the DEC website at www.dec.state.ny.us/website/dfwmr/propregs/ . Further information is available at the above address, or by calling (631)444-0444.
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 (FMPs) for individual species or groups of fish, including American lobster and horseshoe crab. Under the provisions of the Atlantic Coastal Fisheries Cooperative Management Act, ASMFC determines if states have implemented provisions of FMPs in a timely manner.
The National Marine Fisheries Service's Commercial Fishery Landings Statistics estimate that New York's lobster industry harvested 996,000 pounds of lobsters during 2004, with a value of more than $3.7 million. New York's lobster industry was ranked third in monetary value for marine fishery harvest in the State during 2004. The blue crab industry in New York harvested more than 885,000 pounds of blue crab in 2004 which totaled approximately $270,000 in value.
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