The management categories are:

• Wild

• Wild Quality

• Wild Premier

• Stocked

• Stocked Extended

Applicable regulations for each stream reach will be selected from the standardized suite of four regulatory strategies, including a statewide regulation for those stream reaches on private lands. The existing complicated regulatory structure for trout streams will be eliminated and replaced in accordance with the Plan as follows:

• eliminate the current statewide creel limit of 5 trout, any size for inland trout streams;

• eliminate unnecessary special regulations on trout stream reaches throughout the state and replace them with one of the regulations identified below according to the management criteria identified in the plan;

o establish a default 5 trout with no more than 2 over 12” creel limit for inland trout streams statewide and for stream reaches categorized as Wild or Stocked;

o establish a 1 trout per day, any size creel limit on stream reaches categorized as Wild Premier;

o establish a 3 trout with no more than 1 over 12" creel limit on stream reaches categorized as Wild-Quality or Stocked-Extended;

o establish a statewide catch and release season for trout in inland trout stream, limited to artificial lures only, from October 16 through March 31;

• Amend Boundary Water Fishing Regulations so that the Delaware River upstream of Lordville and the West Branch of the Delaware River bordering Pennsylvania are regulated as Wild Premier.

• Amend Boundary Water Fishing Regulations so that the Delaware River downstream of Lordville has a one trout any size creel limit. The new statewide catch and release season will apply.

• Repeal the existing catch and release regulation on Wiscoy Creek and regulate that reach as Wild Premier.

• Extend the existing trout catch and release season to all year for any catch and release reaches that have seasonal closures.

• The following streams will contain reaches regulated as Wild Premier:

o DEC Region 4: Delaware River, East Branch Delaware River, West Branch Delaware River.

o DEC Region 7: Old Chenago Canal, Oriskany Creek, West Branch Delaware River.

o DEC Region 9: Clear Creek (Cattaraugus and Wyoming Counties), Clear Creek (Cattaraugus and Chautauqua Counties), Elm Creek, Lime Lake Outlet, Wiscoy Creek.

• The following streams will contain reaches regulated as Wild Quality:

o DEC Region 3: Amawalk Outlet (Muscoot River), Beer Kill West Branch, Callicoon Creek North Branch, Cedar Pond Brook, Esopus Creek, Mongaup Creek, Rochester Creek, Rondout Creek, Wappingers Creek, West Branch Croton River.

o DEC Region 4: Batavia Kill (Delaware County), Bushkill, Bushnellsville Creek, East Brook, East Creek (aka Kinderhook Creek), Emory Brook, Little Hoosic River, Panther Creek, Russel Brook.

o DEC Region 5: Battenkill, True Brook.

o DEC Region 6: Crystal Creek.

o DEC Region 8: Cohocton River, Mill Creek (Steuben County), Neil Creek, Oatka Creek, Spring Creek.

o DEC Region 9: Elm Creek, Elton Creek, Fenton Brook (aka Mud Creek), Flynn (Spring) Brook, Hosmer (Sardinia) Brook, Mansfield Creek, McKinstry Creek, North Branch Wiscoy Creek, The Ram, Trout Brook.

• The following streams will contain reaches regulated as Stocked Extended:

o DEC Region 3: Beaver Kill, Callicoon Creek North Branch, East Branch Croton River, Neversink River, Ramapo River, Wappingers Creek, Willowemoc Creek.

o DEC Region 4: Beaver Kill, Catskill Creek, Kinderhook Creek, West Branch Delaware River.

o DEC Region 5: Battenkill, Cayadutta Creek, Chateaugay River, Hudson River, Kayaderosseras Creek, Mettawee River, North Branch Great Chazy River, Saranac River, Salmon River (Franklin County), Schroon River, West Branch Ausable River.

o DEC Region 6: Mohawk River, West Canada Creek.

o DEC Region 7: Butternut Creek, Chittenango Creek, Limestone Creek, Ninemile Creek, Onondaga Creek, Otselic River, West Branch Limestone Creek.

o DEC Region 8: Cayuta Creek, Cohocton River.

o DEC Region 9: Cattaraugus Creek, East Koy Creek, Genesee River, Goose Creek.

The original Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement, as published in the Notice of Proposed Rule Making, remain valid and do not need to be amended.

As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2024, which is no later than the 3rd year after the year in which this rule is being adopted.

DEC received a total of 211 public comments through e-mail or letters. Comments were grouped thematically (18 total themes) for response.

Theme #1: The statewide catch and release (artificial lures only) season proposed to run from October 16 through March 31 poses a risk to the sustainability of wild trout populations and the quality of the fisheries they support that is either wholly unacceptable or of great concern. Wild trout populations near the New York City metropolitan area, notably in Catskills and the Delaware watershed, are particularly vulnerable. The principle biological concern entails disturbance of spawning trout and losses of incubating eggs due to the disturbance of redds (trout nests) by wading anglers.

Additional concerns were expressed about possible increases in trespassing, conflict between anglers and hunters, poaching, and unethical angling behaviors.

Response: Objections to the proposed regulation reprised the scope of concerns previously expressed in written comments about this component of the Trout Stream Management Plan. The arguments were initially considered during plan development and further assessed based on the public comments submitted on the draft Plan in 2020. The detailed biological risk assessment is on page 34 of the final Plan.

Negative impacts to reproductive success are not evident in resident or migratory populations of trout and salmon in New York that have long been managed under an open season by special regulation. This is consistent with research findings and management experience from other states including Pennsylvania and Idaho. Cold temperatures are inherently protective in terms of the resiliency of trout to handling and limiting angler participation. Furthermore, natural reproduction has increased over time in Great Lakes tributaries despite intense fishing pressure concurrent with spawning and egg incubation.

Summertime thermal stresses on trout combined with high angling pressure have a higher potential to impact wild trout populations and individual trout that are sexually mature. An analogously conservative response to unethical summertime anglers would be a statewide season closure in July and August.

Concerning conflict between angler and hunters during the proposed catch and release season, the potential for anglers to be afield does not burden hunters beyond the safety precautions that are already obligatory given the potential presence of other hunters, hikers, birdwatchers, etc. DEC does not prohibit all non-hunting activities during open hunting seasons. Angling should not be uniquely prohibited.

In response to the public concern and opposition expressed, DEC will work with stakeholders to develop and implement a study to evaluate angling pressure during the catch and release season and to determine if it produces negative population level impacts. Comments received were helpful in identifying areas of particular concern. While DEC believes that this regulation can be implemented without compromising the quality of New York’s wild trout populations, management will be informed by the evidence gathered and modifications will be considered if warranted.

Theme #2: Terminal tackle choices should be further restricted (prohibit lures with multiple hook points, prohibit barbed hooks, ban live bait) to minimize handling stress and wounds on released trout. Many comments specifically advocated the prohibition of lures with multiple hook points on the Delaware Tailwaters and tributaries. Others advocated the statewide application of tackle restrictions to all stream reaches managed for wild trout.

Response: At the population level, the published research on the benefits of tackle restrictions is ambiguous at best. Outcomes are influenced by angling technique and water temperature. Severe tackle restrictions risk discouraging many anglers and suggesting DEC bias towards the preferences of a subset of trout anglers. Because common lures including spoons and in-line spinners are typically sold with double or treble hooks, the requirement to replace those hooks in order to fish certain reaches is likely to alienate anglers who do not wish to always fish single hooks. DEC views outreach and education as the best approach to influence tackle selection and ethical angling practices for catch and release fishing while respecting the diversity of techniques favored by trout anglers.

Theme #3: A temporary post-stocking harvest prohibition should be imposed on reaches managed with stocked trout to prevent the rapid harvest of stocked trout.

Response: This issue is addressed on page 17 of the Plan. Substantial losses of stocked trout from stocked reaches by natural predation and outmigration are typical in New York State and elsewhere. Therefore, a harvest prohibition rarely prolongs the survival of stocked trout and puts natural predators ahead of licensed anglers. Very short-term harvest prohibitions associated with specific stocking events minimize this cost but are impractical to implement statewide. Plan strategies aimed at this problem include more frequent stockings within Stocked-Extended reaches and breeding trout with more natural post-stocking dispersal behavior.

Theme #4: Where harvest and/or use of bait is currently allowed under special regulations, the proposed imposition of the catch and release, artificial lures only from October 16- March 31 regulation is an unwarranted loss of a valued fishing experience.

Response: DEC acknowledges that the proposed regulations are stricter than the current regulations on some trout stream reaches. However, DEC believes that the opportunities lost are outweighed by the statewide extent of new fishing opportunities available from October 16 – March 31. The proposed regulations provide ample opportunity for harvest and bait use on trout streams during the April 1- October 15 season.

Theme #5: The Delaware River mainstem reach from Lordville downstream to Callicoon should be categorized as Wild-Premier.

Response: While this reach supports a highly productive seasonal trout fishery, its ecological characteristics do not meet Wild-Premier criteria on a year-round basis. It is a transitional zone shared between trout and coolwater fish species. However, DEC will apply the same angling regulations as proposed for the Wild-Premier category to this reach to protect wild trout.

Theme #6: The daily trout possession limits proposed under this plan are too liberal to sustain wild trout populations especially for tributaries to popular trout waters including the Batten Kill, Esopus Creek, and the Delaware Tailwaters. More restrictive harvest regulations are needed to protect the ecological potential of the system. Catch and release regulations should be more widely imposed.

Response: Creel surveys demonstrate that the harvest of a full possession limit is relatively uncommon. They have also shown that, while many anglers value the option to harvest trout, catch and release is increasingly practiced on a voluntary basis. These factors limit the potential for mandatory catch and release or strict possession limits to increase trout abundance especially on lightly fished waters. Meanwhile, the influence of habitat constraints and natural predators on trout abundance tends to be underappreciated. Research discussed on page 10 of the Plan illustrates the practical limitations of severe harvest restrictions.

The statewide daily possession limit of 5 trout with no more than 2 longer than 12 inches proposed in this plan is more restrictive than the existing statewide regulation of 5 trout any size. The still more conservative harvest restrictions proposed for Wild-Quality and Wild-Premier management categories recognize the more intensive fishing pressure on these better-known waters and are meant to restrain excessive harvest by harvest-oriented individuals when the combination of circumstance and skill create such an opportunity.

Theme #7: The existing special regulations on a given stream reach are preferable to the regulations proposed. (Comments advocating continuation of closed fishing season are assessed under theme #1).

Response: The existing suite of special regulations was needlessly complex, and many regulations were not rigorously evaluated. They created an unrealistic perception of the ability to fine tune trout fisheries through regulations. The proposed suite of regulations provides a comprehensive approach that balances flexibility and simplicity. During implementation, DEC will strive to learn and adjust to unanticipated problems.

Theme #8: Amawalk Outlet and Cedar Pond Brook in DEC Region 3 contain thriving wild trout populations. The regulations proposed for the reaches categorized as Stocked are inadequate. These reaches may qualify as Wild-Quality.

Response: Both reaches were surveyed in 2020 and, because the results support the comments submitted, they have been recategorized as Wild-Quality.

Theme #9: Elm Creek in DEC Region 9 does not meet the access standard for the Wild-Premier management category.

Response: Elm Creek does not meet the access standard. The Wild-Premier reach has been recategorized as Wild-Quality.

Theme #10: Important Delaware tailwaters spawning areas should be excluded from the proposed statewide catch and release season and regulations adopted to discourage fishing when water temperatures exceed 70°F.

Response: DEC will evaluate the impact of the catch and release season and consider modifications to the regulation based on the results. DEC actively discourages trout fishing during stressful summertime water conditions. Outreach strategies include annual e-mail reminders to The Fishing Line subscribers (150,822 subscribers as of January 27, 2021) and a new infographic (https://www.dec.ny.gov/docs/fish_marine_pdf/summertroutflyr.pdf).

Theme #11: The possession limit of 3 trout with no more than 1 longer than 12 inches is too restrictive.

Response: The 3/1 limit applies to Wild-Quality and Stocked-Extended stream reaches. During the meetings held in 2017 to hear the angling public’s desires for trout stream management, we consistently heard that we should strive to provide more opportunity to catch wild trout and that we should strive to prolong fishing opportunity afforded by stocked trout. This regulation contributes to achieving these objectives especially on streams that receive substantial fishing pressure. The more liberal possession limit of 5 trout with no more than 2 longer than 12 inches applies to the vast majority of trout stream reaches in New York State.

Theme #12: The proposed prohibition of bait during the catch and release trout season on the Delaware River and East Branch will discourage children and families from participating in the fishery.

Response: DEC recognizes the importance of providing a diversity of fishing opportunities including opportunities for newcomers to the sport. In cool weather, live bait can enhance success. However, DEC also recognizes the value of managing under a consistent set of regulations. While the use of bait is not always incompatible with a catch and release regulation, DEC does not believe it should be applied statewide.

Theme #13: DEC should consider a prohibition of commercially operated drift boats on the Delaware tailwaters.

Response: DEC recognizes the importance of providing a diversity of fishing opportunities for trout anglers. A prohibition on commercially operated drift boats would restrict the opportunities available. DEC has no plans to impose such a prohibition.

Theme #14: Specified reaches of Peakskill Hollow Brook, Stonehill River, Hoosic River, Kinderhook Creek, and Camden Creek contain thriving wild trout populations and should be considered for recategorization as Wild-Quality.

Response: DEC currently lacks the data to support these recategorizations. However, DEC will prioritize investigation and re-survey of these waters.

Theme #15: Clear Creek in DEC Region 9 should not be categorized and regulated as Wild-Premier.

Response: Clear Creek meets all the criteria for the Wild-Premier category.

Theme #16: Sandburg Creek in DEC Region 3 should be categorized and regulated as Stocked-Extended.

Response: Sandburg Creek does not meet the minimum public access criteria for the Stocked-Extended category.

Theme #17: East Creek in DEC Region 4 is usually considered the main stem of Kinderhook Creek to the Massachusetts border – the regulation is therefore confusing.

Response: The reach in question is listed as East Creek rather than Kinderhook Creek in New York State records. Because it is widely known as Kinderhook Creek, the regulation has been amended to read “East Creek (aka Kinderhook Creek).”

Theme #18: One fishing regulation should apply to the Carmans River above the C-gate dam within Southaven County Park. The existing September 30 closure of the regular fishing season should be changed to match the October 15 statewide closure.

Response: DEC will change the date to October 15 as suggested. DEC will implement the proposed regulations but will reexamine how the reaches are categorized following the completion of biological surveys scheduled for 2021.