The Department of Environmental Conservation (DEC) is requiring: 1) the use of circle hooks when recreationally fishing for striped bass while using bait, and 2) the return of striped bass caught on any unapproved method of take to the water immediately without unnecessary injury, in accordance with Addendum VI to Amendment 6 of the FMP. The striped bass populations coastwide is overfished, and overfishing is occurring, based on the last benchmark stock assessment conducted in 2018. The use of circle hooks by anglers targeting striped bass with bait has been identified as a method to reduce the discard mortality of striped bass in recreational fisheries. Addendum VI to Amendment 6 of the FMP required all ASMFC member states to implement circle hook regulations by January 1, 2021. ASMFC Striped Bass Management Board held a special meeting on March 16, 2021 to address any circle hook exemptions, as well as the definition of bait. As a result of that meeting, ASMFC issued new guidance for implementation of the circle hook requirements. DEC is adopting emergency regulations that require anglers to use circle hooks when fishing for striped bass while using part or whole of any marine/aquatic organisms or terrestrial invertebrates as bait. Circle hooks will not be required when fishing with an artificial lure, whether or not they are tipped with bait as previously described. The regulations also require that striped bass caught on any unapproved method of take must be returned to the water immediately without unnecessary injury.

A new paragraph 10.1(c)(9) is added to read as follows:

(9) A non-offset (inline) circle hook, as defined in 19.1(a)(4) of this Title, is required when fishing for striped bass when using any marine or aquatic organism or terrestrial invertebrate, live or dead, whole or parts thereof. This requirement shall not apply to artificial lures with any marine or aquatic organism or terrestrial invertebrate, live or dead, whole or parts thereof attached. Striped bass caught on any unapproved method of take must be returned to the water immediately without unnecessary injury.

Part 19 of 6 NYCRR is amended to read as follows:

A new paragraph 19.1(a)(4) is added to read as follows:

(4) ‘Non-offset (inline) circle hook’ means a fishing hook designed and manufactured so that the point and barb of the hook are not offset from the plane of the shank and bend, and the point is turned perpendicularly back towards the shank to form a circular or oval shape.

Part 40 of 6 NYCRR is amended to read as follows:

New paragraphs 40.1(a)(11) and (12) are added to read as follows:

(11) ‘Non-offset (inline) circle hook’ means a fishing hook designed and manufactured so that the point and barb of the hook are not offset from the plane of the shank and bend, and the point is turned perpendicularly back towards the shank to form a circular or oval shape.

(12) ‘Artificial lures’ shall mean manmade flies, spinners, spoons, plugs, jigs and other lures, even though there may be some natural substances contained in such lures as, but not limited to, deer hair and feathers.

A new subparagraph 40.1(g)(2)(i) is added to read as follows:

(i) Recreational anglers are required to use a non-offset (inline) circle hook when fishing for striped bass when using any marine or aquatic organism or terrestrial invertebrate, live or dead, whole or parts thereof. This requirement shall not apply to any artificial lure with any marine or aquatic organism or terrestrial invertebrate, live or dead, whole or parts thereof attached. Striped bass caught on any unapproved method of take must be returned to the water immediately without unnecessary injury.

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 §§ 11-0303 and 13-0339 authorize the Department of Environmental Conservation (DEC) to adopt regulations governing Atlantic striped bass including: size limits, catch and possession limits, open and closed seasons, closed areas, restrictions on the manner of taking and landing, and other management measures.

ECL §§ 11-1521 and 13-0347 establish additional provisions for striped bass management in the Hudson River and marine waters, respectively.

2. Legislative objectives:

It is the objective of the above-cited legislation that DEC manages marine fisheries to optimize resource use for fishermen in a manner that is consistent with federal marine fisheries conservation and management policies including all applicable interstate fishery management plans. The proposed rule would ensure that New York State maintains compliance and consistency with requirements of the Atlantic States Marine Fisheries Commission’s (ASMFC) Interstate Fishery Management Plan (FMP) for Atlantic Striped Bass.

3. Needs and benefits:

The proposed new management measures are required by Addendum VI to Amendment 6 of ASMFC’s FMP for Atlantic Striped Bass and are designed to reduce the recreational discard mortality of striped bass. The proposed rule would amend 6 NYCRR Parts 10, 19, and 40 to ensure that New York State maintains compliance with ASMFC’s requirements for striped bass. Failure to maintain compliance with ASMFC’s FMP for Atlantic Striped Bass may result in the federal closure of New York ’s striped bass fishery. FMPs are designed to promote the long-term sustainability of managed marine species, preserve states’ marine resources, and protect the interests of both commercial harvesters and recreational anglers. Additionally, failure to adopt these regulations may result in further population declines in the critical striped bass stock.

4. Costs:

The proposed rule would not impose any costs to DEC or local municipalities. Tackle and sporting goods stores may incur costs associated with shifting demand for non-offset circle hooks. Recreational fishermen may need to purchase circle hooks if they do not already use them. An internet search conducted on September 28, 2020 indicated that the average retail price for a non-offset circle hook is 75 cents per hook, and the average wholesale price is 15 cents per hook.

5. Local government mandates:

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

6. Paperwork:

None.

7. Duplication:

The proposed amendment does not duplicate any state or federal requirement.

8. Alternatives:

“No action” alternative: Under this alternative, New York State would not amend 6 NYCRR Parts 10, 19, and 40. This alternative was rejected because of New York State’s obligations to comply with ASMFC’s FMP for Atlantic Striped bass. Failure to adopt the proposed regulations will result in further declines to a critical fishery stock and the potential federal closure of New York State’s Atlantic striped bass fishery.

“Exemptions for specific bait and tackle types” alternative: The ASMFC Striped Bass Board held a special meeting on March 16, 2021 to address any circle hook exemptions, as well as the definition of bait. As a result of new guidance for implementation, DEC is modifying the express terms of the proposed rule to require anglers to use circle hooks when fishing for striped bass while using part or whole of any marine/aquatic organisms or terrestrial invertebrates as bait. Circle hooks will not be required when fishing with an artificial lure, whether or not they are tipped with bait as previously described.

9. Federal standards:

The amendments to 6 NYCRR Parts 10, 19, and 40 are in compliance with Addendum VI to Amendment 6 of ASMFC’s FMP for Atlantic Striped Bass.

10. Compliance schedule:

DEC is adopting these regulations on an emergency basis. Compliance will be required immediately upon filing with the New York Department of State. The public will be notified of the changes to the regulations through publication in the State Register, through appropriate news releases, and through DEC’s website.

1. Effect of rule:

The Atlantic State Marine Fisheries Commission (ASMFC) facilitates the cooperative management of marine and diadromous fish species among the fifteen Atlantic Coast member states. The principal mechanism for implementation of cooperative management of migratory fish is the ASMFC’s Interstate Fishery Management Plans (FMPs) for individual species or groups of fish. The FMPs are designed to promote the long-term health of these species, preserve resources, and protect the interests of fishers. The proposed rule is necessary to remain in compliance with Addendum VI to Amendment 6 of the Atlantic Striped Bass FMP. Compliance is required to avoid the federal closure of New York State’s striped bass fishery.

The proposed amendments to 6 NYCRR Parts 10, 19 and 40 would require recreational anglers to use circle hooks when they are fishing for striped bass using any marine or aquatic organism or terrestrial invertebrate, live or dead, whole or parts thereof. The proposed rule would affect both the marine and coastal district, and inland waters, including the Hudson and Delaware Rivers and their tributaries.

The proposed rule required by ASMFC and is intended to reduce mortality associated with recreational fisheries for Atlantic striped bass. This rule making may have an impact on recreational fisheries, including private recreational fishers and party and charter boat operators, but the rule is designed and intended to preserve the long-term viability of these fisheries and associated businesses.

In 2020, DEC issued 466 party and charter boat licenses in the marine and coastal district. There were 51 Marine bait licenses sold in 2020. In addition, approximately 200 Hudson River marine permit gear licenses are sold annually; most of these permits are used for taking river herring to be used for striped bass bait.

There were also 420,012 people enrolled in DEC’s Recreational Marine Fishing Registry in 2018, the last year for which data is available. All fishers need to register if they are age 16 and older and are either: (1) fishing for a saltwater fish species in the marine and coastal district while not aboard a party or charter boat; or (2) fishing for a migratory fish of the sea (diadromous species) within the tidal waters of the Hudson River and its tributaries, or within the waters of the Delaware River. 2019 data from the National Marine Fisheries Service, the last year for which data is available, reported 4,002,584 recreational angler trips targeting striped bass in New York State.

The regulations do not apply directly to local governments and would not have any direct effects on local governments.

2. Compliance requirements:

The proposed regulations would not impose any new reporting or recordkeeping requirements on small businesses or local governments.

3. Professional services:

None.

4. Compliance costs:

The proposed rule would not impose any costs on local governments. Tackle and sporting goods stores may incur costs associated with shifting demand for non-offset circle hooks. Recreational fishermen may need to purchase circle hooks if they do not already use them. An internet search conducted on September 28, 2020 indicated that the average retail price for a non-offset circle hook is 75 cents per hook, and the average wholesale price is 15 cents per hook.

5. Economic and technological feasibility:

There is no additional technology required for small businesses, and this action would not apply to local governments. Non-offset circle hooks are readily available on the wholesale market to tackle and sporting goods stores.

6. Minimizing adverse impact:

The promulgation of this regulation is necessary for New York State to comply with the FMP for Atlantic striped bass. The regulations are intended to protect the striped bass resource and avoid the adverse impacts that would be associated with the federal closure of the fishery due to non-compliance with the FMP. Additionally, failure to implement these changes would result in continued population decline which could lead to a moratorium on the harvest of striped bass. A moratorium would have a severe adverse impact on the fishery, as well as its supporting industries which provide jobs and employment opportunities. Ultimately, the maintenance of long-term sustainable fisheries will have a positive effect on employment, as well as wholesale and retail outlets and other support industries. These regulations are being proposed to reduce fishing mortality of striped bass and allow for continued harvest consistent with the capacity of the resource to sustain such effort.

7. Small business and local government participation:

Addendum VI to Amendment 6 of ASMFC’s FMP for Striped Bass was published on October 30, 2019. This provided the public with notice of the striped bass circle hook requirements that would be required to be in place for the 2021 fishing season. DEC held Marine Resources Advisory Council (MRAC) meetings on July 14, September 15, November 17, 2020, and March 23, 2021 to gain their input on the potential regulation changes. DEC also held a meeting with the Hudson River Estuary Management Advisory Committee on September 10, 2020. DEC notified anglers of proposed regulatory changes in the 2020 and 2021 DEC Freshwater Fishing Guides. On July 6, 2020 DEC alerted fishers of proposed regulatory changes in the DEC Saltwater Fishing and Boating Newsletter. Copies were distributed via e-mail. Cornell Cooperative Extension initiated a recreational striped bass outreach and education program, which includes the proposed regulatory changes. The 2019 season newsletter for the Hudson River Cooperative Angler Program was sent out to program participants and other interested Hudson River striped bass anglers in April 2020 and included a section defining and explaining non-offset circle hooks and the benefits in their use. DEC staff participated in a Hudson River Striped Bass seminar, which presented information about striped bass management in the river and on the coast. The presentation explained the definition of a non-offset circle hook as well as best handling practices when fishing for striped bass. DEC staff attended the World Fishing and Outdoor Expo in Suffern, NY in March 2020, where public education materials regarding striped bass and best handling practices were also distributed.

DEC will continue to provide notice to affected fishers through email communications, newspapers and other media outlets.

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

Pursuant to SAPA 202-b(1-a)(b), no such cure period is included in this 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 the general welfare of the public and the resource is protected.

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

DEC would conduct an initial review of the proposed rule within three years, as required by SAPA § 207.

1. Types and estimated numbers of rural areas:

There are no rural areas within, or directly adjacent to, the marine and coastal district. All or portions of eight Hudson River counties are considered rural areas of New York State: Albany, Columbia, Dutchess, Greene, Putnam, Orange, Rensselaer, and Ulster counties. All or portions of three Delaware River counties are also considered rural areas: Delaware, Orange, and Sullivan counties. The proposed regulations would affect individuals who participate in the Atlantic striped bass fishery and may also have an indirect effect on supporting industries.

2. Reporting, recordkeeping and other compliance requirements; and professional services:

There are no reporting or recordkeeping requirements associated with the proposed rule making. Furthermore, the rule making would not require the use of professional services for compliance.

3. Costs:

There would be no initial capital or annual costs for local governments to comply with the proposed regulations. Tackle and sporting goods stores may incur costs associated with shifting demand for non-offset circle hooks. Recreational fishermen may need to purchase circle hooks, if they do not already use them. An internet search conducted on September 28, 2020 indicated that the average retail price for a non-offset circle hook was 75 cents per hook, and the average wholesale price was15 cents per hook.

4. Minimizing adverse impact:

The promulgation of this regulation is necessary for New York State to comply with the FMP for Atlantic striped bass. The regulations are intended to protect the striped bass resource and avoid the adverse impacts that would be associated with the federal closure of the fishery due to non-compliance with the FMP. Additionally, failure to implement these changes would result in continued population decline which could lead to a moratorium on the harvest of striped bass. A moratorium would have a severe adverse impact on the fishery, as well as its supporting industries. Ultimately, the maintenance of long-term sustainable fisheries will have a positive effect on employment, as well as wholesale and retail outlets and other support industries. These regulations are being proposed in order to reduce fishing mortality of striped bass and allow for continued harvest consistent with the capacity of the resource to sustain such effort.

Prior to the COVID outbreak, DEC staff attended the NY Boat Show in January 2020, and a local saltwater fishing expo in early March 2020. DEC distributed free packets of circle hooks, provided public education materials relating to best striped bass handling practices, and alerted fishermen of proposed regulatory changes. DEC also sent free packets of non-offset circle hooks to fishers enrolled in the marine cooperative angler program.

5. Rural area participation:

DEC held Marine Resources Advisory Council (MRAC) meetings on July 14, 2020, September 15, 2020, November 17, 2020, and March 23, 2021 to gain rural population input on the proposed rule. DEC also held a meeting with the Hudson River Estuary Management Advisory Committee on September 10, 2020. On September 12, 2019, DEC held a public meeting seeking comment on the proposed regulatory changes in New Paltz, NY. DEC notified anglers of proposed regulatory changes in the 2020 and 2021 DEC Freshwater Fishing Guides. On July 6, 2020 DEC alerted fishers of proposed regulatory changes in the DEC Saltwater Fishing and Boating Newsletter. Copies were distributed via e-mail. Cornell Cooperative Extension initiated a recreational striped bass outreach and education program, which included proposed regulatory changes. The 2019 season newsletter for the Hudson River Cooperative Angler Program was sent out to program participants and other interested Hudson River striped bass anglers in April 2020 and included a section defining and explaining circle hooks and the benefits of their use. DEC staff participated in a Hudson River Striped Bass seminar, which presented information about striped bass management in the river and on the coast. The presentation explained the definition of a non-offset circle hook as well as best handling practices when fishing for striped bass. DEC staff attended the World Fishing and Outdoor Expo in Suffern, NY in March 2020, where public education materials regarding striped bass and best handling practices were distributed.

DEC will continue to provide notice to affected fishers through email communications, newspapers and other media outlets, including those in rural counties and towns.

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

DEC would conduct an initial review of the proposed rule within three years, as required by SAPA section 207.

The text of the revised rule contains changes in 6 NYCRR to the original proposed rule, which was published in the NY State Register on January 6, 2021 (I.D. Number: ENV-01-21-00003-P). The changes include amending paragraph 10.1(c)(9) and subparagraph 40.1(g)(2)(i) to provide clarification of when to require the use of circle hooks, and to exempt this requirement when using artificial lures. A technical change is also made in the wording of the requirement to return striped bass to the water immediately without unnecessary injury if the fish are caught with any unapproved method of take. These changes are made in response to motions adopted during a March 2021 ASMFC Atlantic Striped Bass Management Board meeting, in order to provide clarification for state implementation of Addendum VI to Amendment 6 striped bass FMP circle hook requirements.

Original Paragraph 40.1(a)(11), defining natural bait in marine waters, which was published in the Notice of Proposed Rule Making, has been removed.

Minor technical changes are made to paragraphs 19.1(a)(4) and 40.1(a)(11) (which is re-numbered from 40.1(a)(12)), in response to public comment, to clarify the definition of circle hook.

And a new Paragraph 40.1(a)(12) is added to define artificial lure in marine and coastal district waters.

The Job Impact Statement that was published with the Notice of Proposed Rule Making remains accurate and does not require revisions to address these changes.

The Department of Environmental Conservation (DEC) received 844 letters and e-mails during the public comment period for the proposed rulemaking.

Comment: General support for the proposed rulemaking.

Comments were received from 776 stakeholders expressing complete support for the proposal. Seven hundred twenty-one (721) separate commenters submitted a form letter composed by the Riverkeeper Organization. The letter stated that the proposed regulation is a science-based decision to help restore striped bass populations, and that failure to adopt the regulation could result in the federal closure of New York’s Hudson River and Marine District striped bass fisheries. DEC received an additional 55 letters and e-mails supporting the proposed rulemaking, including support from Hudson River Estuary Management Advisory Committee.

DEC Response: DEC acknowledges these statements of support.

Thirty-eight commenters (38) expressed general support for the proposal, but they requested one or more exemptions from the proposed rule. Some commenters stated more than one exemption, but they are addressed separately below for purposes of this assessment.

Comment: Twenty-four (24) commenters stated that the rule should exempt pork rinds and/or “tube and worm” gear from the definition of natural bait.

DEC Response: The ASMFC Striped Bass Board held a special meeting on March 16, 2021 to address any circle hook exemptions, as well as the definition of bait. As a result of new guidance for implementation, DEC is modifying the express terms of the proposed rule to require anglers to use circle hooks when fishing for striped bass while using part or whole of any marine/aquatic organisms or terrestrial invertebrates as bait. Circle hooks will not be required when fishing with an artificial lure, whether or not they are tipped with bait as previously described. Therefore, both pork rinds and tube and worm gear will be exempted from the circle hook requirement.

Comment: Three (3) commenters stated that DEC should exempt eel skins or plugs from the definition of natural bait.

DEC Response: The ASMFC Striped Bass Board held a special meeting on March 16, 2021 to address any circle hook exemptions, as well as the definition of bait. As a result of new guidance for implementation, DEC is modifying the express terms of the proposed rule to require anglers to use circle hooks when fishing for striped bass while using part or whole of any marine/aquatic organisms or terrestrial invertebrates as bait. Circle hooks will not be required when fishing with an artificial lure, whether or not they are tipped with bait as previously described. Since eel skin plugs are an artificial lure, circle hooks will not be required. However, an eel or eel skin threaded through a hook that is not attached to a plug or artificial lure will require the use of a circle hook.

Comment: Nine (9) commenters stated that DEC should exempt artificial flies or lures.

DEC Response: The ASMFC Striped Bass Board held a special meeting on March 16, 2021 to address any circle hook exemptions, as well as the definition of bait. As a result of new guidance for implementation, DEC is modifying the express terms of the proposed rule, and circle hooks will not be required when fishing with an artificial lure, whether or not they are tipped with bait.

Comment: Two (2) commenters stated that DEC should exempt those fishing from boats, and that the rule should only apply to shore-based fishing.

DEC Response: The purpose of the rule is to reduce recreational release mortality of striped bass to help restore the population. There is no indication that fishing from a boat results in any lower levels of release mortality than fishing from shore.

Comment: Two commenters stated that DEC should exempt those fishing via the methods of casting or trolling.

DEC Response: The ASMFC Striped Bass Board held a special meeting on March 16, 2021 to address any circle hook exemptions, as well as the definition of bait. As a result of new guidance for implementation, DEC is modifying the express terms of the proposed rule to require anglers to use circle hooks when fishing for striped bass while using part or whole of any marine/aquatic organisms or terrestrial invertebrates as bait. Circle hooks will not be required when fishing with an artificial lure, whether or not they are tipped with bait as previously described. Therefore, the revised rule does not require the use of circle hooks when casting or trolling with an artificial lure.

Comment: Three (3) commenters stated that DEC should allow one more year before the circle hook requirement goes into effect. Two commenters stated that they were given too little notice or that they should be allowed an additional year to use up their existing non-circle hook stocks; and one commenter representing the New York Fishing Tackle Trade Association stated that supply chains for hook manufacturers were severely curtailed due to the COVID 19 pandemic.

DEC Response: ASMFC adopted Addendum VI to Amendment 6 of the Striped Bass Fishery Management Plan in October 2019. The addendum stated that fishermen would be required to use circle hooks when recreationally fishing for striped bass by January 1, 2021. Most member states have already adopted regulations for this requirement. Failure to adopt the regulation in 2021 could result in the federal closure of New York’s striped bass fishery.

Thirty commenters (30) were opposed to the proposal. Some commenters stated more than reason for their opposition, but they are addressed separately below for purposes of this assessment.

Comment: Four (4) commenters stated that circle hook fishing methods were not an exciting way to fish; that they would decrease fishing opportunities for children; or that the requirement would result in their catching fewer fish.

DEC Response: ASMFC adopted Addendum VI to Amendment 6 of the Striped Bass Fishery Management Plan in October 2019. The addendum stated that fishermen would be required to use circle hooks when recreationally fishing for striped bass by January 1, 2021. The requirement only applies to striped bass fishing and not to fishing for any other fish species. Failure to adopt the regulation could result in the federal closure of New York’s striped bass fishery.

Comment: Five (5) commenters stated that this imposed an additional expense for recreational striped bass anglers, or that they already had vast stock piles of J-hooks that they would need to replace.

DEC Response: The proposed regulation only applies to striped bass fishing and not to fishing for any other fish species. Potential economic effects of the proposed regulation were addressed in the Job Impact Statement, Regulatory Impact Statement, Regulatory Flexibility Analysis, and Rural Area Flexibility Analysis published in the January 6, 2021 issue of the New York State Register. Failure to adopt the regulation could result in the federal closure of New York’s striped bass fishery.

Comment: Two (2) commenters objected to the requirement that striped bass caught on non-circle hooks while fishing for a different fish species be returned to the water as soon as possible without unnecessary harm.

DEC Response: The ASMFC Striped Bass Board held a special meeting on March 16, 2021 to address any circle hook exemptions, as well as the definition of bait. The Board approved guidance that says striped bass caught on any unapproved method of take must be returned to the water immediately without unnecessary injury. DEC believes this provision is necessary for its Law Enforcement Division to enforce the circle hook regulations.

Comment: Eight (8) commenters stated that the rule was unnecessary. They suggested that DEC should instead: ban commercial fishing; educate the public; and/or ban fishing from “open boats”.

DEC Response: This rule is necessary to protect the striped bass population from overfishing and to avoid the potential federal closure of New York’s striped bass fishery. DEC will be conducting educational outreach in accordance with requirements of Addendum VI to Amendment 6 of the Striped Bass Fishery Management Plan. DEC allows both commercial and recreational harvest of striped bass in New York. DEC is required by statute (ECL § 13-0105) to “optimize the benefits of resource use so as to provide valuable recreational experiences and viable business opportunities for commercial and recreational fisheries.” The National Oceanographic and Atmospheric Administration estimated that commercial striped bass fishery in New York landed a dockside value of 2.2 million dollars in 2016, the latest year for which data are available.

Comment: One (1) commenter stated that the regulation should require the use of offset hooks.

DEC Response: Addendum VI to Amendment 6 of the Striped Bass Fishery Management Plan specifically defines circle hook as “a non-offset hook where the point is pointed perpendicularly back towards the shank”.

Comment: Seven (7) commenters stated that the rule should not be mandatory; punishes recreational anglers; or fails to give New York “credit” for reducing fishing mortality from regulations enacted in 2020.

DEC Response: Addendum VI to Amendment 6 of the Striped Bass Fishery Management Plan states that 49% of all striped bass that were removed from the population due to fishing in 2018 were attributed to recreationally caught fish that subsequently died after being released alive. Addendum VI implemented the mandatory use of circle hooks when fishing with bait in striped bass recreational fisheries because recreational release mortality contributes significantly to overall fishing mortality. The circle hook requirement is in addition to the other required regulatory revisions enacted in 2020 that were designed to reduce the removals of striped bass by at least 18%.

Comment: Six (6) commenters stated circle hooks do not, in their experience, reduce fishing mortality as opposed to J-hooks; do not work as stated (i.e. sometimes cause the fish to be gut hooked as opposed to being hooked in the corner of the lip); are difficult to remove; or cause injuries to fishermen.

DEC Response: Numerous scientific studies indicate that circle hooks decrease discard mortality as opposed to J-hooks (Caruso 2000; Lukacovic and Upohoff 2007; Millard et al. 2005). DEC plans to develop educational materials instructing anglers on the proper use of circle hooks.

References:

1. Caruso, P.G. 2000. A comparison of catch and release mortality and wounding for striped bass (Morone saxatilis), captured with two baited hook types. Completion report for Job 12, Sportfisheries Research Project (F-57-R), Commonwealth of Massachusetts Division of Marine Fisheries. 16 pp.

2. Lukacovic, R.L. and J.H. Upohoff. 2007. Recreational catch-and-release mortality of striped bass caught with bait in Chesapeake Bay. Maryland Department of Natural Resources Fisheries Technical Report Series No. 50. Annapolis, MD. 21 pp.

3. Millard, M.J., J.W. Mohler, A. Kahnle, and A. Cosman. 2005. Mortality associated with catch-and-release angling of striped bass in the Hudson River. North American Journal of Fisheries Management 25: 1533-1541.