Nys department of environmental conservation division of fish, wildlife, and marine resources

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1REGULATORY AGENDA
NYS DEPARTMENT OF ENVIRONMENTAL CONSERVATION

DIVISION OF FISH, WILDLIFE, AND MARINE RESOURCES

January 2010

Bold = New for 2010

Not Bold = Rule on 2009 List, but never officially proposed.

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Bureau of Fisheries
None.

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Bureau of Fish and Wildlife Services
26 NYCRR Part 173, Falconry. Amendment of Part 173 is necessary because the US Fish and Wildlife Service amended the Federal Falconry Rule, 50 CFR Parts 21 and 22, and the State regulation no longer conforms with the federal regulation for falconry. This amendment will not require a Regulatory Flexibility Analysis for Small Business or a Rural Area Flexibility Analysis. Contact: Joseph Therrien, New York State Department of Environmental Conservation, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY 12233-4752. Telephone: 518-402-8987. E-mail: jetherri@gw.dec.state.ny.us

Justification/Reason: The State’s have been charged by the USFWS with the responsibility of bringing their falconry regulations into compliance with the new Federal Final Falconry Rule. The States have until 2014 to conform with the federal regulations or they will no longer be allowed to have falconry programs within their respective state.
6 NYCRR Part 175, Special Licenses and Permits – Definitions and Uniform Procedures. This amendment is necessary to update and enhance the regulation for administrative and enforcement procedures. This amendment may require a Regulatory Flexibility Analysis for Small Businesses but not a Rural Area Flexibility Analysis. Contact: Patrick Martin, New York State Department of Environmental Conservation, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY 12233-4752. Telephone: 518-402-8993. E-mail: pxmartin@gw.dec.state.ny.us

Justification/Reason: Part 175 needs to be updated for procedural content in order to ensure uniform application of the license issuing, revocation and denial processes for licenses issued pursuant to Articles 11 and 13 of the Environmental Conservation Law.
6 NYCRR Part 180.1 - Wildlife Dangerous to Health or Welfare. Amendment of Part 180.1 or promulgation of a new regulation is necessary to address statutory requirements of Environmental Conservation Law 11-0512 and 11-0103(6)(e)(5). This amendment may require a Regulatory Flexibility Analysis for Small Businesses but not a Rural Area Flexibility Analysis. Contact: Patrick Martin, New York State Department of Environmental Conservation, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY 12233-4752. Telephone: 518-402-8993. E-mail: pxmartin@gw.dec.state.ny.us

Justification/Reason: Division of Law Enforcement and Division of Fish, Wildlife and Marine Resources have historically, and on a regular basis, been involved in cases involving illegal/dangerous incidents with legally held dangerous animals. The department proposes to take a proactive position by eliminating access to these animals except by municipal or American Zoological Assoication accredited institutions thereby removing these dangerous animals form local neighborhoods and inexperienced handlers.
6 NYCRR - New Regulation -Venomous Reptile Exhibition. Promulgation of new regulation is necessary to address statutory requirements of Environmental Conservation Law 11-0512(2)(b) and 11-0103(6)(e)(5). This amendment may require a Regulatory Flexibility Analysis for Small Businesses but not a Rural Area Flexibility Analysis. Contact: Patrick Martin, New York State Department of Environmental Conservation, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY 12233-4752. Telephone: 518-402-8993. E-mail: pxmartin@gw.dec.state.ny.us

Justification/Reason: The Legislature incorporated certain exemptions in ECL 11-0512. Specific to this proposed rulemaking 11-0512(2)(b) provides an exemption for reptile exhibitors who have demonstrated to the department, in accordance with regulations promulgated by the commissioner, that the sole purpose for which the wild animal or animals are used is for exhibition to the public for profit or compensation. Absent this regulation we are not able to properly and safely administer this activity in New York State.

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Bureau of Wildlife
6 NYCRR Part 2 - Migratory Game Birds. Amendment of this regulation is necessary to conform with Federal regulations for hunting migratory game birds. This regulation will be done as an emergency/proposed. This amendment will not require a Regulatory Flexibility Analysis for Small Businesses or a Rural Area Flexibility Analysis. Contact: Gordon R. Batcheller, New York State Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8885. E-mail: grbatche@gw.dec.state.ny.us

Justification/reason: This is needed to comply with the annually adopted Federal framework. We continue to try to for an amendment to the law to allow the Commissioner to issue an “order” to establish our duck/geese seasons, but we do not have that amendment yet. Hence this rule making is still needed.
6 NYCRR Part 6.3 - Trapping. Amendment of these regulations are necessary to repeal several archaic provisions, to make several technical corrections to existing regulations, and to reform trapping methods to reflect state-of-the-art technology and practices. This amendment will not require a Regulatory Flexibility Analysis for Small Businesses or a Rural Area Flexibility Analysis. Contact: Gordon R. Batcheller, New York State Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8885. E-mail: grbatche@gw.dec.state.ny.us

Justification/reason: This is a major initiative to address several concerns of trappers, and also to clean-up some archaic/redundant language in the current regulation. The proposed changes include allowing a 48 hour trap check for body gripping traps in the Northern Zone; liberalize regulations for trapping near beaver dams to allow easier take of species other than river otter (and protecting otter); lengthen the land trapping season in the Northern Zone (a long-standing request from trappers); allow trappers to keep furbearers found dead on the highway; and expand the area available for marten trapping. Collectively, the proposals expand opportunity for trappers while retaining protections for key species (e.g., river otter, fisher).
36 NYCRR Part 182 - Endangered and Threatened Species of Fish and Wildlife; Species of Special Concern. Amend regulation to address the requirements of Environmental Conservation Law section 11-0535, which establishes protection for both Federally listed and State listed species. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Daniel Rosenblatt, New York State Department of Environmental Conservation, Bureau of Wildlife, 625 Broadway, Albany, NY 12233. Telephone: 518-402-8884. E-mail: dlrosenb@gw.dec.state.ny.us.

Justification/reason: These regulations provide clarity to the process used to regulate the taking of endangered and threatened fish and wildlife, necessary to protect both individuals and populations.

6 NYCRR Part 187 - Miscellaneous Black Bear Regulations. Amendment of this regulation is necessary to protect public health and safety by prohibiting feeding of black bears, and to provide for the training of hounds used to control black bear damage to farms. This amendment will not require a Regulatory Flexibility Analysis for Small Businesses or a Rural Area Flexibility Analysis. Contact: Gordon R. Batcheller, New York State Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8885. E-mail: grbatche@gw.dec.state.ny.us

Justification/reason: The bear feeding regulations need to be strengthened so that bear conflicts with people are reduced. Right now, bear feeding is actually allowed under some circumstances (e.g., you CAN feed bears beyond 500 feet of a house; if it’s your house, you can feed them from your deck). This sends a very bad mixed message to the public that feeding under some circumstances is acceptable. This regulation is needed to unequivocally prohibit the feeding of bears in New York
6 NYCRR Part 189 – Chronic Wasting Disease. Amendment of this regulation is necessary to update the requirements for hunters who harvest deer within the chronic wasting disease containment area in Oneida and Madison Counties. The proposed amendments will ease the regulatory burden on hunters who take deer in the containment area without jeopardizing the department’s capacity to monitor and contain Chronic Wasting Disease. This amendment will not require a Regulatory Flexibility Analysis for Small Businesses or a Rural Area Flexibility Analysis. Contact: Gordon R. Batcheller, New York State Department of Environmental Conservation, Division of Fish, Wildlife & Marine Resources, 625 Broadway, Albany, NY 12233-4754. Telephone: 518-402-8885. E-mail: grbatche@gw.dec.state.ny.us.

Justification/reason: The current workload associated with regulating deer hunters in the Chronic Wasting Disease (CWD) containment area is high and unnecessary. No harvested deer from the containment area have been detected with CWD and the State may be considered CWD-free in the future. This proposal would reduce the size of the containment area to a single wildlife management unit (WMU 6P) and remove the mandatory deer check requirement. Instead the Bureau will monitor deer via volunteer/opportunistic and freezer locker checks.

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Bureau of Habitat
6 NYCRR Part 608 - Use and Protection of Waters Regulations. This rule making will update and clarify the department’s regulatory authority over activities in protected waterbodies and navigable waters of the State. The existing regulations have not been amended in 14 years and changes will be made to correct outdated information, and to make definitions and provisions more explicit. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Roy Jacobson, NYS Department of Environmental Conservation, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY, 12233. Telephone 518-402-8853. E-mail: rajacobs@gw.dec.state.ny.us

Justification/Reason: As briefly stated above, changes are being considered to clarify definitions and the standards for permit issuance. The initial meeting of the small internal team assigned to draft changes was held on 2 November 2009. Staff plans to have a draft for internal peer review in early 2010.

6 NYCRR Part 664 - Freshwater Wetlands Mapping and Classification Regulations. This rule making will make changes to how wetlands are mapped and classified, to reflect greater understanding of the science of wetlands and of the State's resources, and to update this rule, which is over 25 years old. In addition, there will be changes to facilitate more efficient map amendments where errors are detected on the maps. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Roy Jacobson, NYS Department of Environmental Conservation, Division of Fish, Wildlife and Marine Resources, 625 Broadway, Albany, NY, 12233. Telephone 518-402-8853. E-mail: rajacobs@gw.dec.state.ny.us

Justification/Reason: As briefly stated above, staff are drafting changes that will seek to update the classification system used to regulate wetlands under Article 24. In addition, draft changes will clarify important provisions such as those that describe including wetlands of “Unusual Local Importance,” defining the meaning of “approximate” maps, and how narrow linear wetlands should be addressed. The work of the small internal team is done and draft changes are set to go out for internal peer review in the coming days.

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Bureau of Marine Resources
6 NYCRR, Part 10 - Sportfishing Regulations. These amendments pertain to the management of diadromous fishes in the Hudson and Delaware Rivers and are needed to remain in compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission or as directed in the Federal Sustainable Fisheries Act for such species. They also comply with the requirements of Environmental Conservation Law regarding the management of anadromous species. The purpose of these regulations is to protect and to maintain the health of these fish stocks. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: swheins@gw.dec.state.ny.us . Please include the Part number when emailing.

Justification/Reason: These proposed regulations are needed for the State of New York to remain in compliance with Atlantic States Marine Fisheries Commission (ASMFC) Fishery Management Plans (FMPs), requirements of the ECL and Federal law. Atlantic States Marine Fisheries Commission seeks to promote healthy, self-sustaining populations for all Atlantic coast fish and wise utilization of these resources. New York is a member state and must comply with the FMPs developed by ASMFC. If New York fails to maintain compliance with the FMPs, ASMFC may notify the U.S. Secretary of Commerce. If the Secretary concurs in the non-compliance determination, the Secretary promulgates and enforces a complete prohibition on all fishing for the subject species in the waters of the non-compliant state until the state comes into compliance with the FMP. This action would cause an economic hardship on New York State commercial fishermen and take away fishing opportunities for New York State recreational fishermen.
6 NYCRR, Part 35 - Licenses. The department will propose to establish new reporting requirements for certain inland commercial fishery license holders, consistent with those in Part 40 for the same regulated species. Additional regulations will establish a commercial eel permit with reporting requirements state-wide (Parts 40 and 35). This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: swheins@gw.dec.state.ny.us . Please include the Part number when emailing.

Justification/Reason: Reporting requirements are necessary for fisheries managers to determine the impact of the fishing industry on the resource. Fishery dependent data will allow managers to determine fishing mortality and use that value in determining the annual total allowable catch and other fishery related variables. The Atlantic Coast Cooperative Statistics Program (ACCSP) has established fishery data standards and New York must strive to meet these standards. The mandatory reporting of catch data will enable New York to become compliant with ACCSP standards.
6 NYCRR, Part 36 - Gear and Operation of Gear. These amendments pertain to the management of diadromous fishes in the Hudson River and are needed to maintain compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission or as directed in the Federal Sustainable Fisheries Act for such species. They also comply with the requirements of Environmental Conservation Law regarding the management of anadromous species. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: swheins@gw.dec.state.ny.us. Please include the Part number when emailing.

Justification/Reason: These proposed regulations are needed for the State of New York to remain in compliance with Atlantic States Marine Fisheries Commission (ASMFC) Fishery Management Plans (FMPs), requirements of the ECL and Federal law. Atlantic States Marine Fisheries Commission seeks to promote healthy, self-sustaining populations for all Atlantic Coast fish and wise utilization of these resources. New York is a member state and must comply with the FMPs developed by ASMFC. If New York fails to maintain compliance with the FMPs, ASMFC may notify the U.S. Secretary of Commerce. If the Secretary concurs in the non-compliance determination, the Secretary promulgates and enforces a complete prohibition on all fishing for the subject species in the waters of the non-compliant state until the state comes into compliance with the FMP. This action would cause an economic hardship on New York State commercial fishermen and take away fishing opportunities for New York State recreational fishermen.
6 NYCRR Part 40 - Marine Fish. The department proposes to amend regulations pertaining to the management of marine and diadromous fishes, including sharks, to maintain compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission (ASMFC), with the requirements of Environmental Conservation Law or pursuant to the Federal Sustainable Fisheries Act for such species. Proposed amendments will also provide compliance with National Marine Fisheries Service requirements and other federal laws. The department proposes to amend regulations to specify reporting and record keeping requirements for foodfish license holders; and to create a definition for proof of residency and establish the requirement for providing such proof of residency when obtaining marine license and permits. The department will seek to make changes in the striped bass and summer flounder commercial fishing special regulations to replace qualifications for permits with an acceptable substitute for 50 percent of earned income and tax records and make changes to striped bass commercial fishing permit reissuance and/or striped bass commercial permit tag provisions. New regulations will be proposed to make changes in the summer flounder commercial fishing special regulations to add language for re-qualification similar to that in the striped bass commercial fishing special regulations. The department seeks to amend regulations to make reporting requirement language consistent for managed marine species; establish regulations setting up a commercial eel permit with reporting requirements state-wide; and adopt regulations to extend coverage by the general provisions of this part to include Rockland and Putnam Counties and ensure that commercial possession is covered statewide. The proposed amendments will make changes to the shipping, labeling and packing requirements to require harvester’s fishing vessel trip report numbers on labels for quota managed species and adopt regulations to clarify provision for records retention by food fish shippers and dealers. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, E. Setauket, NY 11733. Telephone: 631-444-0435. E-mail: swheins@gw.dec.state.ny.us. Please include the Part number when emailing.

Justification/Reason: These proposed regulations are needed for the State of New York to remain in compliance with ASMFC fishery management plans (FMPs), requirements of the ECL and federal law. ASMFC seeks to promote healthy, self-sustaining populations for all Atlantic coast fish and wise utilization of these resources. New York is a member state and must comply with the FMPs developed by ASMFC. If New York fails to maintain compliance with the FMPs, ASMFC may notify the U.S. Secretary of Commerce. If the Secretary concurs in the non-compliance determination, the Secretary promulgates and enforces a complete prohibition on all fishing for the subject species in the waters of the non-compliant state until the state comes into compliance with the FMP. This action would cause an economic hardship on New York State commercial fishermen and take away fishing opportunities for New York State recreational fishermen.
6 NYCRR Part 41 - Sanitary Condition of Shellfish Lands. As necessary, the department will amend regulations that specify the classification (certified or uncertified) of shellfish lands. This is necessary to protect public health by designating lands that do not meet bacteriological water quality criteria as uncertified or closed to shellfish harvesting. Shellfish lands that meet the water quality criteria are designated as certified for the taking of shellfish (open). This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: William Hastback, New York State Department of Environmental Conservation, Bureau of Marine Resources, Shellfisheries Section, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0475. E-mail: wghastba@gw.dec.state.ny.us. Please include the Part number when emailing.

Justification/Reason: Shellfish harvested from areas that do not meet the bacteriological standards for certified shellfish growing areas have an increased potential to cause illness in shellfish consumers. As directed in Environmental Conservation Law 13-0307, the department shall designate as uncertified those areas which are not in the sanitary condition that shellfish may be taken as food. Once an area fails to meet the bacteriological water quality standard it must be designated a uncertified through the promulgation regulations. Furthermore, the department must comply with standards and requirements specified by the National Shellfish Sanitation Program and the U.S. Food and Drug Administration.
6 NYCRR Part 42 - Sanitary Control over Shellfish. The department proposes to amend regulations pertaining to the sanitary, record keeping, and reporting requirements for shellfish harvesters and shippers needed to comply with the guidelines of the National Shellfish Sanitation Program (NSSP), the federal regulations regarding interstate shipment of shellfish, and the Environmental Conservation Law (ECL). The proposed regulations will modify the descriptions of allowable activities under each category of shellfish shipper permit consistent with the NSSP and the ECL and amend and clarify descriptions of shellfish harvest areas to clearly delineate geographical sites where shellfish are harvested. Contact: Susan Ritchie, New York State Department of Environmental Conservation, Bureau of Marine Resources, Shellfisheries Section, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733. Telephone: 631-444-0494. E-mail: sxritchi@gw.dec.state.ny.us. Please include the Part number when emailing.

4Justification/Reason: Changes to 6 NYCRR Part 42 are required to maintain compliance with the National Shellfish Sanitation Program (NSSP) if changes to the NSSP’s “Guide for the Control of Molluscan Shellfish” are adopted at the 2009 Interstate Shellfish Sanitation Conference in October 2009. Other anticipated Part 42 changes should allow more precise traceability of shellfish in the event of shellfish related illness outbreaks. More precise traceability will allow the department to minimize the size of illness outbreak related shellfish closures and minimize the adverse economic effects on the shellfish industry while adequately protecting public health.

NYCRR Part 43 - Surfclam/Ocean Quahog Fishery Management. The department seeks to amend regulations pertaining to the management of surfclams and ocean quahogs that are consistent with the provisions of fishery management plans adopted by the department. All amendments may describe changes to permit requirements and eligibility, harvest limits, gear restrictions, record keeping, and reporting requirements. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Debra Barnes, New York State Department of Environmental Conservation, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0496. E-mail: dabarnes@gw.dec.state.ny.us. Please include the Part number when emailing.

Justification/Reason: The department adopted a Fishery Management Plan (FMP) for the harvest of the Atlantic surfclam in 2004. As conditions in the fishery have changed, it became necessary to amend the management plan in 2009. Regulations now must be promulgated that implement the provisions of Amendment 1 to the FMP. Amendment 1 was drafted by the department in consultation with the Surfclam/Ocean Quahog Management Advisory Board and represents a major change in the management strategies used for the Atlantic surfclam harvested from the Atlantic Ocean. The Atlantic surfclam FMP seeks to promote a self-sustaining population of surfclams and wise utilization of the resource.

6 NYCRR Part 44 - Crustaceans. The department proposes to amend regulations pertaining to the management of lobsters, decapod crabs and horseshoe crabs to maintain the health of such species and to prevent the introduction of exotic crustacean species. These proposed regulations will comply with fishery management plans developed by the Atlantic State Marine Fisheries Commission (ASMFC) for the species and with requirements of the Environmental Conservation Law. The proposed regulations will include general provisions consistent with those found in Part 40. The proposed amendments will also increase the size of the escape vent on lobster traps and allow for flexibility in the type of vent used in crab traps. Rule makings will be proposed to clarify current language and remove unnecessary regulations. Horseshoe crabs regulations will be proposed to allow more control over the harvest and storage of horseshoe crabs. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Stephen W. Heins, New York State Department of Environmental Conservation, Bureau of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0435. E-mail: swheins@gw.dec.state.ny.us. Please include the Part number when emailing.
Justification/Reason: These proposed regulations are needed for the State of New York to remain in compliance with Atlantic States Marine Fisheries Commission (ASMFC) fishery management plans (FMPs) for American lobster and horseshoe crabs, requirements of the Environmental Conservation Law and Federal law. Atlantic States Marine Fisheries Commission seeks to promote healthy, self-sustaining populations for American lobsters and horseshoe crabs and wise utilization of these resources. New York is a member state and must comply with the FMPs developed by ASMFC. If New York fails to maintain compliance with the FMPs, ASMFC may notify the U.S. Secretary of Commerce. If the Secretary concurs in the non-compliance determination, the Secretary promulgates and enforces a complete prohibition on all fishing for the subject species in the waters of the non-compliant state until the state comes into compliance with the FMP. This action would cause an economic hardship on New York State commercial fishermen and take away fishing opportunities for New York State recreational fishermen.
6 NYCRR Part 48 - Marine Hatcheries, On-Bottom and Off-Bottom Culture of Marine Plant and Animal Life. The department proposes to amend regulations to update this part and ensure it remains consistent with Part 49. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Debra Barnes, New York State Department of Environmental Conservation, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0483. E-mail: dabarnes@gw.dec.state.ny.us. Please include the Part number when emailing.

Justification/Reason: Currently regulations in Part 48 conflict with regulations in Part 49 concerning the legal size of oysters allowed in cultivation. This regulation is necessary to clarify what the legal size of cultured oysters should actually be.
6 NYCRR Part 49 - Shellfish Management. The department seeks to adopt regulations for the management of hard clams, soft or steamer clams and razor clams as provided for in recently enacted legislation (Chapter 394, Laws of 2006). The management measures include provision for size limits, catch and possession limits, open and closed seasons, closed areas, restrictions on the manner of taking and landing, requirements for permits and eligibility, record keeping and identification requirements, requirements on the amount and type of fishing effort and gear, and requirements relating to transportation, possession and sale. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Debra Barnes, New York State Department of Environmental Conservation, Bureau of Marine Resources, 205 N. Belle Mead Road, Suite 1, East Setauket, NY 11733. Telephone: 631-444-0483. E-mail: dabarnes@gw.dec.state.ny.us. Please include the Part number when emailing.

Justification/Reason: These proposed regulations are necessary to comply with state legislation. In order to properly manage hard clams, soft clams and razor clams the legislature authorized the department to promulgate regulations concerning size limits, manner of taking and landing, seasons, catch and possession limits and other issues pertaining to clams.

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Regulatory Coordinator for the Division of Fish, Wildlife & Marine Resources is Rose Diana, New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233. Telephone: (518) 402-8981. E-mail: rtdiana@gw.dec.state.ny.us

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