Statewide - Notice of Proposed Rule Making to amend 6 NYCRR Part 40, Marine Fish (Atlantic Cod)

Public Notice

Pursuant to the Environmental Conservation Law section 13-0105, 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 Proposed Rule Making to amend 6 NYCRR Part 40, Marine Fish (Atlantic Cod).

The proposed amendment to 6 NYCRR Part 40 will 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. While New York is not required to adopt these federal changes, inconsistent and less restrictive regulations in state waters (when compared with those in federal waters) will create angler confusion and enforcement challenges and will reduce the effectiveness of the federal management measures.

The Notice of Proposed Rulemaking is available in the January 24, 2024, issue of the State Register. Written public comments will be accepted by NYS DEC through 5:00 p.m. April 10, 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-recent….

Written Comments:

The public is invited to submit written comments on the proposed rulemaking through 5:00 p.m. April 10, 2024.

Written comments can be submitted as follows:

1) By e-mail to [email protected]. Please include "Comments on Proposed Part 40: Atlantic Cod" 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: John Maniscalco

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: April 4, 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 40 Atlantic Cod 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 upon written request submitted no later than March 21, 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 40, Atlantic Cod."