Statewide - Notice of Emergency Adoption to amend 6 NYCRR Part 40 Marine Fish (Scup and Summer Flounder)

Public Notice

Pursuant to the Environmental Conservation Law sections 11-0303, 13-0105, 13-0340-b, and 13-0340-e the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC - Division of Marine Resources (DMR) is filing a Notice of Emergency Adoption to amend 6 NYCRR Part 40 Marine Fish (Scup and Summer Flounder).

This is a readoption of an Emergency Rulemaking that has been in effect since April 2, 2024. A Notice of Proposed Rulemaking with the same text was published in the April 17, 2024, New York State Register. 

These emergency regulations increase the minimum size limit for Scup from 10.5 to 11 inches for private boat and party/charter anglers. They also increase the minimum size limit, decrease the possession limit, and extend the season for Summer Flounder. The minimum size for Summer Flounder is increasing from 18.5 inches in length to 19 inches from the new season start date of May 4 through August 1 and 19.5 inches from August 2 through the new season end date of October 15. The possession limit is decreasing from 4 fish to 3 fish.

NYS DEC is adopting these changes to maintain compliance with Atlantic States Marine Fisheries Commission (ASMFC) and Mid-Atlantic Fishery Management Council (MAFMC) management plans for Scup and Summer Flounder.

This notice will be published in issue 29 of the State Register, dated July 17, 2024.