(8) Catch and release angling (i.e. catching and returning a fish to the water without causing it harm) is only permitted during the open season for a particular fish species. Measuring, weighing and photographing the fish are permitted as long as the fish is not removed from the water for an extended period or handled in a manner that could cause harm. Fish may not be held on a string, or placed in a bucket, tub, livewell, or any other holding device.

Existing clause 10.2(c)(1)(ii)(d) is amended to read as follows:

(d) Use of hooks with added weight is prohibited, except that artificial flies and jigs weighing [of] no more than one-eighth ounce [added weight] are permitted.

Existing paragraph 10.2(h)(2) is amended to read as follows:

(2) Table C- Fishing regulations for Lake Champlain and its tributaries.

Existing subparagraph 10.2(h)(3)(iii) is repealed.

[(iii) Yellow perch taken from Cumberland Bay, and tributaries of Cumberland Bay to their first impassable barrier to fish, must not be sold, traded or bartered, offered for sale, or exposed for sale. Cumberland Bay is defined as that portion of Lake Champlain north and west of a line extending from Cumberland Head Light to the northern tip of Crab Island then westerly to the southerly of two piers at the oil terminal known locally as the Copeland Oil Terminal.]

Existing paragraph 10.2(k)(3) is amended to read as follows:

(1) Ice fishing is permitted for the taking of any species during its open season.

[Five] Seven tip-ups [and two-hand lines] may be used.

10.3 Additional special fishing regulations for certain inland waters.

Existing section 10.4 is amended to read as follows:

10.4 Ice fishing and use of [ice-fishing lines] tip-ups.

(a) For the purposes of this Part, a [n ice-fishing line] tip-up means any device used for fishing through the ice, including but not limited to hand line, tip-up, tip down[s], etc.

(b) General provisions.

(1) No person shall fish through the ice in any water inhabited by trout except those waters specified in this Part.

(2) No person shall [use ice fishing lines] fish through the ice on the frozen waters of the State during the period from May 1st through November 14th except by the use of hand lines.

(3) Fish may be taken through the ice in accordance with open seasons, minimum sizes and daily limits set forth in this Part.

(4) Wherever ice fishing is permitted, no more than seven [ice fishing lines] tip-ups[, with an ice fishing line meaning any device use for ice fishing through the ice (including but not limited to hand line, tip-up, tip down, rod and reel, etc.)] may be used except where specified in this section or other sections of this Part.

(5) No more than 15 tip-ups [ice fishing lines with an ice fishing line meaning any device use for ice fishing through the ice (including but not limited to hand line, tip-up, tip down, rod and reel, etc.)] may be used in Lake Champlain.

(6) No person shall operate tip-ups [ice fishing lines] without being in immediate attendance while the tip-ups [ice fishing lines] are in the water.

(7) No person shall use a [n ice-fishing line] tip-up that has more than five lures or baits or a combination of both.

(8) No person shall use a [n ice-fishing line] tip-up that has more than 15- hook points in any combination of single, double or treble hooks.

General revisions to the State’s regulations governing freshwater sportfishing and related activities (Part 10) are continuously needed to meet the management needs for specific waters as well as part of an effort to accommodate angler and other stakeholder desires. To meet this need the Division of Fish, Wildlife and Marine Resources conducts a biennial revision of regulations governing sportfishing and associated activities. Conducting a review of and proposing amendments to 6NYCRR Part 10, every two years, is responsive and adequate towards meeting the 5 Year Existing Rules review requirement.

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 (department) and the Commissioner, including general authority to adopt regulations. Sections 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 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. 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 11-1319 of the ECL governs possession of fish taken in waters of the State.

2. Legislative Objectives

Open seasons, size restrictions, daily creel limits, and restrictions regarding the manner of taking fish are tools used by the department in achieving the intent of the legislation referenced above. The purpose of setting seasons is to prevent over-exploitation of fish populations during vulnerable periods, such as spawning, thereby ensuring a healthy population. Size limits are necessary to maintain quality fisheries and to ensure that adequate numbers survive to spawning age. Creel limits are used to distribute the harvest of fish among many anglers and optimize resource benefits. Catch and release fishing regulations are used in waters capable of sustaining outstanding growth and providing a large population of desirable-sized fish, creating an outstanding opportunity for anglers willing to forego harvesting fish.

Regulations governing the manner of taking fish upgrade the quality of the recreational experience, provide for a variety of harvest techniques and angler preferences, limit exploitation, and guard against unethical practices such as “snagging”.

3. Needs and Benefits

Most significant fishery resources in New York State are monitored through annual or periodic surveys and inventories, conducted by Bureau of Fisheries staff and DEC partners such as Cornell University and SUNY ESF. These fisheries surveys identify particular situations where changes in fishing regulations may be required to maintain the quality of a particular fishery or where significant opportunity for improvement or enhancement of the fishery exists. Additional regulation changes are prompted by the recommendation of user groups or the need to correct or clarify existing regulations. Concepts for regulation amendments that address identified needs are developed by Bureau of Fisheries staff and reviewed with sportsmen’s groups at the local, regional, or state-wide level, depending upon the significance of the proposal.

The proposed amendments are necessary to maintain or improve the quality of the State’s fisheries resources, including as described above (#2 Legislative Objectives Section). Changes to sportfishing regulations are intended to promote optimum opportunity for public use consistent with resource conservation.

In order to facilitate compliance by the angling public, significant revisions of the department’s fishing regulations are currently conducted on a biennial schedule.

The modifications contained here were actually intended to be included in the last Sportfish rule making which was finalized and filed on February 23, 2015, but inadvertently left out. The changes contained and proposed here are as follows:

1. Addition of a definition of “Catch & Release” (C & R) fishing. Catch and Release has been described in the DEC Fishing Regulations Guide for some time now, but has yet to be established in regulation;

2. Elimination of a separate special regulation allowing for the taking of sauger on Lake Champlain. This will be consistent with the statewide closure for sauger which was established effective 4/1/15;

3. Removal of a prohibition on the sale of yellow perch taken from Cumberland Bay on Lake Champlain. With the previous removal of the separate creel limit for yellow perch and panfish for Cumberland Bay, the accompanying section pertaining to restrictions on sale of yellow perch is no longer necessary;

4. Re-establishment of a definition of “tip-up”, as the current definition for the equipment that can be used for ice fishing (entitled as “ice fishing devices) is not included as a method of take currently provided for by a fishing license, whereas tip-ups are;

5. Clarification of the wording pertaining to the maximum weight allowed for artificial flies and jigs used for fishing Great Lake tributaries;

6. Replacement of the special regulation, for trout, of “five fish with no more than two fish longer than 12 inches”, with the statewide regulation, for the group of waters where the use of baitfish is prohibited in Herkimer, Lewis, Oneida and St. Lawrence Counties;

7. Adjustment of the daily fishing hours at Spring Creek on the Caledonia State Fish Hatchery by half an hour, from the current 7:30 AM to 3:30 PM, to 8:00 AM to 4:00 PM.

4. Costs

Enactment of the rules and regulations described herein governing fishing 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.

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 taking of freshwater sportfish.

8. Alternatives

A no-action alternative would prevent these modifications, from becoming established in regulation. Not promulgating these changes would not likely provide for the improvements in fish communities and increases in sportfishing opportunity that these modifications are intended to support. Secondly, the no-action alternative will result in the discrepancy that exists for the above seven items, between the Freshwater Fishing Regulations Guide and the current regulations (NYCRR), as a result of an earlier filing error.

9. Federal Standards

There are no minimum federal standards that apply to the regulation of sportfishing.

10. Compliance Schedule

These regulations, if adopted, will become effective immediately upon filing. It is anticipated that regulated persons will be able to immediately comply with these regulations once they take effect.

The purpose of this rule making is to amend and update the Department of Environmental Conservation’s (department) general regulations governing sportfishing. These amendments were developed as a result of the department’s review of existing sportfishing regulations for needed and desired changes. Changes to these regulations are intended to promote optimum opportunity for public use consistent with resource conservation.

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. All reporting or record-keeping requirements associated with sportfishing are administered by the department. Since small businesses and local governments have no management or compliance role in the regulation of sport fisheries, there is no impact upon these entities. Small businesses may, and town or village clerks do issue fishing licenses. However, the department’s rule making proposal does not change this process.

Fishing guides, and tackle/baitfish shops (to some extent), are the only business entities directly affected and impacted by changes to regulations pertaining to sport fishing. However, the actions proposed in this rule making (e.g. adjustments to season dates, bag limits, minimum size limits, gear restrictions etc.) are not measures that result in an overall loss of angling opportunities or diminish opportunities for taking fish. Therefore, guide businesses should not lose clientele as a result or otherwise be adversely impacted by the changes. In fact, positive impacts are anticipated for these businesses because the proposed regulations would enhance the likelihood that angling opportunities will remain high and sustainable for future anglers and fishing-related businesses. The proposed changes do not contain any changes specific to the use of baitfish. Therefore commercial baitfish operators will not be adversely effected.

Based on the above, the department has determined that a regulatory flexibility analysis is not required.

Finally, Chapter 524 of the New York Laws of 2011 is not applicable as this proposed rule making does not establish or modify a violation or a penalty associated with a violation.

The purpose of this rule making is to amend and update the Department of Environmental Conservation’s (department) general regulations governing sportfishing. These amendments were developed as a result of the department’s review of existing sportfishing regulations. Changes to these regulations are intended to promote optimum opportunity for public use consistent with resource conservation.

The department has determined that the proposed rules 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. All reporting or record-keeping requirements associated with sportfishing are administered by the department. The proposed regulations are not anticipated to negatively change the number of participants or the frequency of participation in regulated activities.

Fishing guides, and tackle/baitfish shops (to some extent), are the only business entities directly affected and impacted by changes to regulations pertaining to sport fishing. However, the actions proposed in this rule making (e.g. adjustments to season dates, bag limits, minimum size limits, gear restrictions etc.) are not measures that result in an overall loss of angling opportunities or diminish opportunities for taking fish. Therefore, guide businesses should not lose clientele as a result or otherwise be adversely impacted by the changes. In fact, positive impacts are anticipated for these businesses because the proposed regulations would enhance the likelihood that angling opportunities will remain high and sustainable for future anglers and fishing-related businesses. The proposed changes do not contain any changes specific to the use of baitfish. Therefore commercial baitfish operators will not be adversely effected.

Small businesses may, and town or village clerks do issue fishing licenses. However, the department’s rule making proposal does not change this process.

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 sportfishing. These amendments were developed as a result of the department’s biennial review of existing sportfishing regulations. Changes to these regulations are intended to promote optimum opportunity for public use consistent with resource conservation.

Fishing guides, and tackle/baitfish shops (to some extent), are the only business entities directly affected and impacted by changes to regulations pertaining to sport fishing. However, the actions proposed in this rule making (e.g. adjustments to season dates, bag limits, minimum size limits, gear restrictions etc.) are not measures that result in an overall loss of angling opportunities or diminish opportunities for taking fish. Therefore, guide businesses should not lose clientele as a result or otherwise be adversely impacted by the changes, and no jobs are expected to be lost. The proposed changes do not contain any changes specific to the use of baitfish. Therefore commercial baitfish operators will not be adversely effected, and therefore there should not be any job impacts. In fact, positive impacts are anticipated for these businesses because the proposed regulations would enhance the likelihood that angling opportunities will remain high and sustainable for future anglers and fishing-related businesses.

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.