Regulations Governing Recreational Fishing of Scup
NY-ADR
11/13/19 N.Y. St. Reg. ENV-28-19-00002-A
NEW YORK STATE REGISTER
VOLUME XLI, ISSUE 46
November 13, 2019
RULE MAKING ACTIVITIES
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF ADOPTION
I.D No. ENV-28-19-00002-A
Filing No. 989
Filing Date. Oct. 29, 2019
Effective Date. Nov. 13, 2019
Regulations Governing Recreational Fishing of Scup
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of Part 40 of Title 6 NYCRR.
Statutory authority:
Environmental Conservation Law, sections 13-0105, 13-0339 and 13-0340-e
Subject:
Regulations governing recreational fishing of scup.
Purpose:
To revise regulations concerning the recreational harvest of scup in New York State.
Text or summary was published
in the July 10, 2019 issue of the Register, I.D. No. ENV-28-19-00002-EP.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Rachel Sysak, New York State Department of Environmental Conservation, 205 North Belle Mead Rd., Suite 1, East Setauket, NY 11733, (631) 444-0469, email: [email protected]
Additional matter required by statute:
The Department has determined that the Notice of Adoption is an unlisted action pursuant to Article 8 of the ECL, and a Short Environmental Assessment Form and negative declaration have been prepared and are on file. A Coastal Assessment Form is also on file.
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2022, which is no later than the 3rd year after the year in which this rule is being adopted.
Assessment of Public Comment
DEC received a total of 2 comments during the public comment period for the proposed rule making.
Comment 1: The year-round fishing season seems excessive and the 50 fish per person limit on party and charter boats during the special season is too high.
Comment 2: Why do the party/charter boats get a special season?
DEC Response: The fishery is doing extremely well and can sustain increased fishing pressure. The 2017 Atlantic States Marine Fisheries Commission stock assessment update indicated that the scup stock is not experiencing overfishing and has a very large spawning stock biomass. The regulations in place in federal waters and all states, New Jersey and south, include a year round open season and a 50-fish possession limit for all recreational anglers. The special season is consistent with regional regulations and gives New York party and charter boat businesses parity with neighboring states. Not adopting these regulations would put New York businesses at an economic disadvantage as compared to party and charter boat businesses that operate in neighboring states and federal waters.
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