The Department of Environmental Conservation (DEC) is lowering the recreational possession limit for bluefish in accordance with the FMP provisions. Bluefish, coastwide, are overfished based on the last operational stock assessment conducted in 2019. The overfished determination required the ASMFC and MAFMC to decrease the recreational harvest of bluefish by twenty-nine percent. The new possession limits of 3 fish for private anglers and shore-based fishermen, and 5 fish for anglers fishing from for-hire vessels were approved by the ASMFC and MAFMC and are intended to achieve the required reduction in recreational harvest of bluefish.

New York State must remain in compliance with the FMP to avoid the closure of New York State’s bluefish fishery by the federal government and to help protect the status of a vulnerable fishery.

In Table A, Species Striped bass (except the Hudson River north of the George Washington Bridge) through Species Weakfish remains the same.

Species Bluefish is amended to read as follows:

40.1(f) Table A – Recreational fishing.

Species Winter flounder through species Atlantic menhaden remain the same.

Footnote * through footnote **** remain the same.

New footnote ### is added to read as follows:

Subdivision 40.1(g) remains the same.

Subdivision 40.1(h) is amended to read as follows:

(h) Summer flounder [and] scup, and bluefish recreational fishing—special regulations.

Paragraphs 40.1(h)(1) through 40.1(h)(3) remain the same.

New paragraph 40.1(h)(4) is added to read as follows:

(4) Party and charter boat license holders must provide each customer who possesses more than 3 bluefish with a commercially printed, dated original fare receipt, bearing the vessel’s name and the permit number. The customer of any licensed party or charter boat who lands or possesses more than 3 bluefish must possess an original receipt from that party or charter boat.

1. Statutory authority:

Environmental Conservation Law (ECL) § 13-0105 directs that it shall be “the policy of the state that the primary principle in managing the state’s marine fishery resource is to maintain the long-term health and abundance of marine fisheries resources and their habitats, and to ensure that [fisheries] are sustained in usable abundance and diversity for future generations.” The legislature further directed that “the management of the state’s transboundary and migratory species shall be consistent with [all] interjurisdictional management plans, interstate or state-federal.”

ECL § 13-0340 authorizes DEC to adopt regulations governing bluefish including: size limits, catch limits and possession limits, open and closed seasons, and/or other relevant management measures.

2. Legislative objectives:

It is the objective of the above-cited legislation that DEC manages marine fisheries to optimize resource use for recreational and commercial harvesters in a manner that is consistent with federal marine fisheries conservation and management policies including all applicable interstate fishery management plans. These amendments will ensure that New York maintains compliance and consistency with requirements of the Atlantic States Marine Fisheries Commission’s (ASMFC) and the Mid-Atlantic Fishery Management Council’s (MAFMC) Fishery Management Plan (FMP) for bluefish.

3. Needs and benefits:

DEC is adopting this rulemaking on an emergency basis for the preservation of the general welfare. The amendments contained in this rulemaking will ensure that New York State maintains compliance with the requirements of ASMFC’s and MAFMC’s FMP for bluefish. Failure to maintain compliance with the FMP for bluefish may result in the federal closure of New York State’s bluefish fishery.

Bluefish, coastwide, are overfished based on the last operational stock assessment conducted in 2019. The current recreational possession limit is 15 bluefish per day. This amendment will lower the possession limit of recreationally harvested bluefish to 3 fish per day for private anglers and shore based fishers and 5 fish per day for anglers fishing from for-hire vessels. These requirements are intended to achieve a twenty-nine percent reduction to the coast-wide recreational harvest of bluefish, which was identified as a critical measure for the recovery of the stock.

Ultimately, this rule was designed to ensure the continued long-term sustainability of New York State’s bluefish fishery. Sustainable fisheries have a positive effect on employment for both party charter businesses and related industries. Failure to implement this measure to protect New York State’s natural resources may result in the collapse of bluefish stock which would have a severe and adverse impact on both the commercial and recreational fisheries for bluefish, as well as supporting industries that benefit economically from the bluefish fishery.

4. Costs:

There are no new costs to state and local governments from this action. The department will incur limited costs associated with both the implementation and administration of these rules, including the costs relating to notifying recreation fishers, party and charter boat operators, and other recreational fishing associated businesses of the new rules.

5. Local government mandates:

The proposed rule does not impose any mandates on local governments.

6. Paperwork:

None.

7. Duplication:

The amendment does not duplicate any state or federal requirement.

8. Alternatives:

“No action” alternative – This option would leave in place current bluefish regulations and would not lower the recreational possession limit. This option was rejected because it would result in overharvest of the bluefish stock and because these regulations are necessary for New York State to comply with ASMFC and MAFMC’s FMP for bluefish. Failure to adopt these measures could result in the federal closure of New York State’s bluefish fishery.

9. Federal standards:

The amendments are in compliance with federal standards.

10. Compliance schedule:

These regulations are being adopted by emergency rule making and therefore will take effect immediately upon filing with Department of State. Regulated parties will be notified of the changes to the regulations through publication in the State Register, appropriate news releases, and through DEC’s website.

1. Effect of rule:

This rule making will reduce the harvest of bluefish in New York by implementing more restrictive possession limits for recreational bluefish harvesters. The proposed amendment approved by the Atlantic States Marine Fisheries Commission and the Mid-Atlantic Fishery Management Council contains the following provisions: 1) lowers the possession limits for private anglers and shore-based fishers from 15 fish per day to 3 fish per day, and 2) lowers the possession limit for anglers fishing from for-hire vessels from 15 fish per day to 5 fish per day.

Based on 2019 figures, there are approximately 519 party and charter license holders in New York State that may be impacted by this rule. There are also retail and wholesale marine bait and tackle shop businesses operating in New York. Data available from 2019 New York State Vessel Trip Reports shows that there were 4,671 party/charter fishing trips that caught and kept bluefish, but these statistics do not include federally permitted commercial vessels operating out of New York State. The National Oceanic and Atmospheric Administration’s Marine Recreational Information Program estimates that there were 1,510,696 recreational trips targeting bluefish in New York in 2019. The proposed amendment decreases the amount of bluefish that can be kept by recreational fishers. This could result in a loss of revenue for some party-charter businesses and bait and tackle shops.

Ultimately, these regulations are designed to reduce the harvest of bluefish to allow the stock to recover and maintain the sustainability of an important recreational and commercial fishery.

2. Compliance requirements:

None.

3. Professional services:

None.

4. Compliance costs:

There are no initial capital costs that will be in incurred by a regulated business or industry that complies with the proposed rule.

5. Economic and technological feasibility:

The proposed regulations do not require any expenditure on the part of affected businesses in order to comply with the changes. The proposed regulations may decrease the income of party and charter businesses, marinas, and marine bait and tackle shops that depend heavily upon the recreational bluefish fishery.

There are no associated economic or technological hardships identified for local governments.

6. Minimizing adverse impact:

This rule making is the minimum necessary to remain in compliance with ASMFC’s and MAFMC’s FMP for bluefish. It is critical to remain in compliance with FMPs for bluefish to avoid the federal closure of New York State’s bluefish fishery.

This rule was designed to ensure the continued long-term sustainability of New York State’s bluefish fishery. Sustainable fisheries have a positive effect on employment for both party charter businesses and related industries. Failure to implement this measure to protect New York State’s natural resources may result in the collapse of bluefish stock which would have a severe and adverse impact on both the commercial and recreational fisheries for bluefish, as well as supporting industries that benefit economically from the bluefish fishery.

7. Small business and local government participation:

New York State recreational harvesters had an opportunity to comment on the measures being adopted in this rule making during the Marine Resources Advisory Council (MRAC) Meeting on January 21, 2020. The MRAC was first made aware that bluefish regulations would need to be more restrictive in 2020 during the November 19, 2019 meeting. The MAFMC and ASMFC Bluefish Board met on December 10, 2019 and approved the recreational measures included in this rulemaking as a coastwide measure but allowed for states to submit Conservation Equivalent measures.

MRAC supported the coastwide measures as presented in this regulatory package at their January 21, 2020 meeting.

8. For rules that either establish or modify a violation or penalties associated with a violation:

Pursuant to the State Administrative Procedure Act (SAPA) § 202-b(1-a)(b), a cure period is not included in the rule because of the potential adverse impact on the resource. Cure periods for the illegal taking of fish or wildlife are neither desirable nor recommended. Immediate compliance is required to ensure that the general welfare of the public and the resource are both protected.

9. Initial review of the rule, pursuant to SAPA § 207 as amended by L. 2012, ch. 462:

DEC will conduct an initial review of the rule within three years as required by SAPA § 207(1)(b).

DEC has determined that this rule will not impose any adverse impacts on rural areas. This rule making only affects the Marine and Coastal District of the State; there are no rural areas within the Marine and Coastal District. The bluefish fishery is entirely located within the Marine and Coastal District and is not located adjacent to any rural areas of the State. The proposed rule will not impose any reporting, record keeping, or other compliance requirements on public or private entities in rural areas. Since no rural areas will be affected by the proposed amendments, DEC has determined that a Rural Area Flexibility Analysis is not required.

1. Nature of impact:

This rule making will reduce the harvest of bluefish in New York by implementing more restrictive possession limits for recreational bluefish harvesters. The proposed amendment approved by the Atlantic States Marine Fisheries Commission and the Mid-Atlantic Fishery Management Council will adopt the following provisions: lower the possession limits for private anglers and shore-based fishers to 3 fish, and lower the possession limit for anglers fishing from for-hire vessels to 5 fish.

2. Categories and numbers affected:

In 2019, there were 519 licensed party and charter businesses in New York State. There were also retail and wholesale marine bait and tackle shop businesses operating in New York. Data available from 2019 New York State Vessel Trip Reports show that there were 4,671 party/charter fishing trips that caught and kept bluefish in 2019. These statistics do not include federally permitted commercial vessels operating out of New York State.

3. Regions of adverse impact:

The bluefish fishery is located entirely within the Marine and Coastal District of New York State.

4. Minimizing adverse impact:

New York State recreational harvesters had an opportunity to comment on the measures being adopted in this rule making during the Marine Resources Advisory Council (MRAC) Meeting on January 21, 2020. The MRAC was first made aware that bluefish regulations would need to be more restrictive in 2020 during the November 19, 2019 meeting. The MAFMC and ASMFC Bluefish Board met on December 10, 2019 to vote on, and ultimately approved, the recreational measures included in this rulemaking as a coastwide measure but allowed for states to submit Conservation Equivalent measures. MRAC supported the coastwide measure as presented in this regulatory package at their January 21, 2020 meeting over other alternatives.

Ultimately, the maintenance of long-term sustainable fisheries will have a positive effect on employment for the fisheries in question, including party and charter boat fisheries, as well as wholesale and retail bait and tackle shops and other support industries for recreational fisheries.

5. Self-employment opportunities:

Party and charter boat businesses, bait and tackle shops, and marinas are, for the most part, small businesses, owned and often operated by a single owner. The recreational fishing industry is mostly self-employed. This rule will likely have a negative effect upon opportunities for businesses related to the recreational harvest of bluefish. However, failing to adopt this rulemaking and comply with the ASMFC and MAFMC requirements could lead to a complete closure of New York’s bluefish fishery.

Ultimately, this rule was designed to ensure the continued long-term sustainability of New York State’s bluefish fishery. Sustainable fisheries have a positive effect on employment for both party charter businesses and related industries. Failure to implement this measure to protect New York State’s natural resources may result in the collapse of bluefish stock which would have a severe and adverse impact on both the commercial and recreational fisheries for bluefish, as well as supporting industries that benefit economically from the bluefish fishery.

6. Initial review of the rule, pursuant to SAPA § 207 as amended by L. 2012, ch. 462:

DEC will conduct an initial review of the rule within three years as required by SAPA § 207(b).