Subdivision 19.2(b) is amended to read as follows:

(b) Except as provided for in subdivisions (c) and (d) of this section, the following fish, or parts thereof, provided they meet the fish health inspection requirements as contained in Part 188 of this Title, shall not be used as bait for fishing except in the waters [bodies] and their tributaries up to the first barrier impassable by fish as identified in this subdivision:

Paragraphs 19.2(b)(1) and 19.2(b)(2) are amended to read as follows:

(1) Alewife (Alosa pseudoharengus): Canandaigua Lake; Cannonsville Reservoir; Cayuga Lake; Cayuta Lake; Conesus Lake; Hemlock Lake; Canadice Lake; Waneta Lake; Hudson River [and tidal portion of Hudson River tributaries]downstream from the Federal Dam at Troy to the Battery at the southern tip of Manhattan Island [(Albany, Rensselaer, Greene, Columbia, Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester Counties)]; Keuka Lake; Otsego Lake; Otisco Lake; Owasco Lake; Lake Ontario; Lake Erie; Lamoka Lake; Pepacton Reservoir; Seneca Lake; St. Lawrence River[and tributaries to the first barrier impassable by fish]; Niagara River[and tributaries to the first barrier impassable by fish]; Mohawk River; and all waters in Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester Counties).

(2) Rainbow smelt (Osmerus mordax): Canandaigua Lake; Cayuga Lake; Lake; Cayuta Lake; Hemlock Lake; Canadice Lake; Honeoye Lake; Conesus Lake; First, Second, Third, Fourth, and Fifth Lakes of the Fulton Chain; Keuka Lake; Owasco Lake; Lake Champlain; Lamoka Lake; Lake Ontario; Lake Erie; Seneca Lake; Star Lake (St. Lawrence County); Waneta Lake; the St. Lawrence River[ and tributaries to the first barrier impassable by fish]; and the Niagara River[and tributaries to the first barrier impassable by fish].

Paragraphs 19.2(b)(3) remains the same.

(3) Mummichog (Fundulus heteroclitus): Hudson River [and tidal portion of Hudson River tributaries] downstream from the Federal Dam at Troy to the Battery at the southern tip of Manhattan Island [(Albany, Rensselaer, Greene, Columbia, Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester Counties)];and all waters in Nassau and Suffolk Counties.

Paragraphs 19.2(b)(4) and 19.2(b)(5) are amended to read as follows:

(4) Blueback herring (Alosa aestivalis) and Atlantic menhaden (Brevoortia tyrannus): Hudson River [and tidal portion of Hudson River tributaries]downstream from the Federal Dam at Troy to the Battery at the southern tip of Manhattan Island [(Albany, Rensselaer, Greene, Columbia, Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester Counties)]; and the Mohawk River[ and tributaries to the first barrier impassable by fish].

(5) American eel (Anguilla rostrata): Delaware River[and tributaries to the first barrier impassable by fish], 6 inch minimum size limit; and the Hudson River [and tidal portion of Hudson River tributaries] downstream from the Federal Dam at Troy to the Battery at the southern tip of Manhattan Island[(Albany, Rensselaer, Greene, Columbia, Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester Counties)], between 6 and 14 inches.

Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR), Part 35 "LICENSES" is amended as follows:

Clause 35.3(c)(3)(iii)(a) is amended to read as follows:

(a) retail sale of bait fish; receipt required. When engaging in the retail sale of bait fish, the seller shall issue a receipt to the purchaser pursuant to subdivision (f) of this section. The receipt shall be retained by the purchaser while in possession of the bait fish, and shall be valid for [seven]ten days from the date of the retail sale, including the date of sale;

Clause 35.4(b)(3)(iii)(a) is amended to read as follows:

(a) retail sale of bait fish; receipt required. When engaging in the retail sale of bait fish, the seller shall issue a receipt to the purchaser pursuant to subdivision (d) of this section. The receipt shall be retained by the purchaser while in possession of the bait fish, and shall be valid for [seven]ten days from the date of the retail sale, including the date of sale;

Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR), Part 59 "STATE BOAT-LAUNCHING SITES, FISHING-ACCESS SITES AND FISHING RIGHTS AREAS" is amended as follows:

Subdivision 59.1(d) is amended as follows:

(d) No person shall use any boat-launching site, or any fishing-access site from which boats may be launched, or any adjacent waters within 100 feet from the shore of a boat-launching ramp or ramp area, including offshore and inshore approaches, for any purpose other than the launching and [hauling]retrieval of boats, fishing and, where provided, ice fishing access, unless a written permit is obtained from the Department.

Existing subdivisions 59.1(e) through 59.1(l) are renumbered as subdivisions 59.1(f) through 59.1(m), and new subdivision 59.1(e) is amended to read as follows:

Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR), Section 190 "USE OF STATE LANDS" is amended as follows:

Section 190.24(a) is repealed and a new section 190.24(a) is adopted to read as follows:

[(a) No person shall use any boat launching site or any adjacent waters within 100 feet from the shore of a boat launching or ramp area for any purpose other than hauling, launching, or loading of boats.]

1. Statutory Authority

Section 3-0301 of the Environmental Conservation Law (ECL) establishes the general functions, powers and duties of the Department of Environmental Conservation (DEC or department) and the Commissioner, including general authority to adopt regulations. Sections 9-0105, 11-0303 and 11-0305 of the ECL authorize the department to provide for the management and protection of the State's fisheries resources, taking into consideration ecological factors, public safety, and the safety and protection of private property. Section 9-0105 of the ECL exercises care, custody, and control of several preserves, parks and other State lands. Sections 11-1301 and 11-1303 of the ECL empower the department to fix by regulation open seasons, size and catch limits, and the manner of taking of all species of fish, except certain species of marine fish (listed in section 13-0339 of the ECL), in all waters of the State. Section 11-0317 of the ECL empowers the department to adopt regulations, after consultation with the appropriate agencies of the neighboring states and the Province of Ontario, establishing open seasons, minimum size limits, manner of taking, and creel and seasonal limits for the taking of fish in the waters of Lake Erie, Lake Ontario, the Niagara River and the St. Lawrence River. Section 11-1316 of the ECL empowers the department to designate by regulation waters in which the use of bait fish is prohibited. The Commissioner of the Department of Environmental Conservation, pursuant to ECL sections 3-0301, 11-0303, and 11-0305, has authority to protect the fish and wildlife resources of New York State. Environmental Conservation Law section 11-0325 provides the department the authority to take action necessary to protect fish and wildlife from dangerous diseases.

Section 11-2101 of the ECL empowers the department to adopt regulations for the use of State-owned boat-launching sites and State-owned boat-access sites.

2. Legislative Objectives

Placing restrictions on the possession, sale and use of bait is part of comprehensive effort towards protecting against the spread of pathogens from the movement of fish between water bodies. Putting in place restrictions on the use of bait fish that can be used throughout the State (i.e. establishing a green list) is an effort to protect against: the spread of disease, introduction of exotics, and use of rare fish species (e.g. members of the minnow family) as bait. The authority for these actions (i.e. to protect fish and wildlife from dangerous diseases) is cited above. Also cited above are the sections of the ECL that provide the authority to provide for the management and protection of the State's fisheries resources: fix by regulation open seasons, size and catch limits, regulate the manner of taking of all species of fish (except certain species of marine fish) including restricting the use of bait fish. The management amendments proposed here will reduce earlier restrictions established for the use of bait fish as well as allow for the additional use of bait fish in some waters, both while still safeguarding the resource from dangerous diseases.

Expanding upon the activities that can be provided for at State-owned boat-launching sites and State-owned boat-access sites is within the authority of the department to adopt regulations for the use of these sites, and will provide angling opportunity and benefit angler use of these State boat-launch and State boat-access sites.

3. Needs and Benefits

Adding to the list of waters where certain bait fish species may be used (Part 19) will provide for additional opportunities for anglers to use bait fish, a common practice in freshwater fishing. It has been a common practice of anglers to use smelt and/or alewife at these specific waters, and allowing their use presents no danger to the fishery. Amending Part 35 will accommodate anglers using bait fish by extending the time period that required receipts are valid and purchased bait fish can be possessed. This will enable anglers to hold and utilize bait longer including over two consecutive weekends.

Pertaining to the use of DEC boat launch facilities, use of these facilities for fishing and for ice fishing access are currently not permitted under department regulations. Originally prohibited to avoid conflicts with boaters, many of these boat launch and fishing access sites have sufficient space to allow for both uses without conflict. Use of these sites for ice fishing access is also restricted, despite the fact that conflicts with boaters would not occur during the ice fishing season. This amendment will allow for fishing and for ice fishing access at DEC boat launch facilities. Secondly, the department's ability to post sites against fishing should it be determined that it is incompatible with the primary use of the site as a boating access facility is provided for.

4. Costs

Enactment of the rules and regulations described herein will not result in increased expenditures by the State, local governments, or the general public.

5. Local Government Mandates

These amendments of 6 NYCRR will not impose any programs, services, duties or responsibilities upon any county, city, town, village, school district, or fire district, nor will this rule, pursuant to Executive Order 17, impose any mandates upon local governments.

6. Paperwork

No additional paperwork will be required as a result of these proposed changes in regulations.

7. Duplication

There are no other State or federal regulations which govern the use of bait fish in New York or pertain to allowable uses of State boat launch sites.

8. Alternatives

The primary alternative to the proposed regulations would be to retain current regulations pertaining to the use of bait fish and the use of State-owned boat-launching sites and State-owned boat-access sites. In the absence of the proposed changes, opportunities to enhance the quality or public use and enjoyment of fisheries may be deferred or lost.

9. Federal Standards

There are no minimum federal standards that apply to the regulation of bait fish or use of State boat launch sites.

10. Compliance Schedule

These regulations, if adopted, will be in effect upon adoption.

The purpose of this rule making is to amend and update the Department of Environmental Conservation's (department) general regulations governing State-administered boat launching sites and State boat access sites to allow for fishing; allow for additional uses of bait fish in select waters, and to ease current restrictions pertaining to use of bait fish. Changes to these regulations are intended to promote additional opportunity for public use consistent with resource conservation and without jeopardizing the resource.

The department has determined that the proposed regulations will not impose an adverse impact or any new or additional reporting, record-keeping or other compliance requirements on small businesses or local governments. Since small businesses and local governments have no management or compliance role in the regulation of state boat launches or with where bait fish are allowed to be used, there is no impact upon these entities. While this amendment includes changes to receipt requirements for the possession of bait fish, this will not result in any additional reporting or record keeping.

Based on the above, the department has determined that a Regulatory Flexibility Analysis is not required.

The purpose of this rule making is to amend and update the Department of Environmental Conservation's (department) general regulations governing State-administered boat launch sites and State boat access sites to allow for fishing; allow for additional uses of bait fish in select waters, and to ease current restrictions pertaining to use of bait fish. Changes to these regulations are intended to promote additional opportunity for public use consistent with resource conservation and without jeopardizing the resource.

The department has determined that the proposed regulations will not impose an adverse impact or any new or additional reporting, record-keeping or other compliance requirements on public or private entities in rural areas. While this amendment includes changes to receipt requirements for the possession of bait fish, this will not result in any additional reporting or record keeping. The proposed regulations are not anticipated to negatively change the number of participants or the frequency of participation in regulated activities. Rather, positive impacts are anticipated for these businesses because the proposed regulations would enhance angling opportunities as well as fishing-related businesses.

Since the department's proposed rule making will not impose an adverse impact on public or private entities in rural areas and will have no effect on current reporting, record-keeping, or other compliance requirements, the department has concluded that a Rural Area Flexibility Analysis is not required for this regulatory proposal.

The purpose of this rule making is to amend and update the Department of Environmental Conservation's (department) general regulations governing State-administered boat launch sites and State boat access sites to allow for fishing; allow for additional uses of bait fish in select waters, and to ease current restrictions pertaining to use of bait fish. Changes to these regulations are intended to promote additional opportunity for public use consistent with resource conservation and without jeopardizing the resource.

The proposed regulations are not anticipated to negatively change the number of participants or the frequency of participation in regulated activities. No loss of jobs is expected. Rather, positive impacts are anticipated for these businesses because the proposed regulations would enhance angling opportunities as well as fishing-related businesses.

Since the department's proposed rule making will not impose an adverse impact on public or private entities in rural areas and will have no effect on current reporting, record-keeping, or other compliance requirements, the department has concluded that a rural area flexibility analysis is not required for this regulatory proposal.

Based on the above, the department has concluded that the proposed regulatory changes will not have an adverse impact on jobs or employment opportunities in New York, and that a Job Impact Statement is not required.