Statewide - Notice of Proposed Rule Making to amend 6 NYCRR Part 40 Marine Fish, Part 43 Surf Clam and Ocean Quahog Fishery Management, Part 44 Lobsters and Crabs, and Part 50[...]

Public Notice

Pursuant to the Environmental Conservation Law section 13-0342 the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC has published a Notice of Proposed Rule Making to amend 6 NYCRR Part 40 Marine Fish, Part 43 Surf Clam and Ocean Quahog Fishery Management, Part 44 Lobsters and Crabs, and Part 50 Miscellaneous Marine and adopt a new Part 38 Fishery Data Management.

These amendments pertain to the following:

• NYS DEC seeks to propose amendments to 6 NYCRR to clarify, strengthen, and consolidate regulations requiring the reporting of fishing and purchasing activities by fishermen and seafood dealers, and to consolidate the rules ensuring the confidentiality of fishery data collected from fishermen and seafood dealers.
• NYS DEC also seeks to adopt 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 (FMP).
• NYS DEC seeks to propose a rule that will require Party and Charter Boat License holders to submit vessel trip reports online within 48 hours of the end of the fishing trip.
• Lastly, NYS DEC seeks to amend the location of the Division of Marine Resources Headquarters in regulation to the new address in Kings Park throughout all DMR regulations. Other changes will include updating references to the Bureau of Marine Resources to the Division of Marine Resources.

The Notice of Proposed Rulemaking is available in the December 20, 2023, issue of the State Register. Written public comments will be accepted by the NYS DEC through 5:00 p.m. March 7, 2024.

Availability of Documents for Review:

Information concerning the proposed rulemaking, and supporting rulemaking documents can be accessed from NYSDEC's rulemaking web site at: https://www.dec.ny.gov/regulatory/regulations/proposed-emergency-recently-adopted-regulations#public.

Written Comments:

The public is invited to submit written comments on the proposed rulemaking through 5:00 p.m. March 7, 2024. Written comments can be submitted as follows:

1) By e-mail to: [email protected]. Please include "Comments on Proposed Part 38: Reporting" in the subject line of the email; or
2) By mail to the NYS DEC - Division of Marine Resources, 123 Kings Park Boulevard, Kings Park, NY 11754, Attn: Maureen Davidson

Public Comment Hearing:

A public comment hearing for the proposed rulemaking will be held before an Administrative Law Judge (ALJ) via electronic webinar as follows. The electronic webinar format is reasonably accessible to persons with impaired mobility:

Date: February 27, 2024
Time: 2:00 p.m.
Location: via electronic webinar

Instructions on how to "join" the hearing webinar, how to provide an oral statement, and how to register for the webinar may be accessed at the proposed regulations webpage at: https://www.dec.ny.gov/regulatory/proposed-emergency-recently-adopted-r….

Persons who wish to receive the instructions by mail or telephone may call NYS DEC at (518) 402-9003. Please provide your first and last name, address, and telephone number and reference the Part 38 Reporting public comment hearing.

NYS DEC will provide interpreter services for hearing impaired persons, and language interpreter services for individuals with difficulty understanding or reading English, at no charge uponwritten request submitted no later than February 22, 2024. The written request must be addressed to ALJ Elizabeth Phillips, NYS DEC - Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, NY 12233-1550 or emailed to ALJ Phillips at [email protected]with the subject line "Part 38, Reporting."