New York Register, Volume 37, Issue 50, December 16, 2015
| Jurisdiction | New York |
| Library | New York Register |
| Published date | 16 December 2015 |
| Year | 2015 |
RULE MAKING
ACTIVITIES
Each rule making is identified by an I.D. No., which consists
of 13 characters. For example, the I.D. No.
AAM-01-96-00001-E indicates the following:
AAM -the abbreviation to identify the adopting agency
01 -the State Register issue number
96 -the year
00001 -the Department of State number, assigned upon
receipt of notice.
E -Emergency Rule Making—permanent action
not intended (This character could also be: A
for Adoption; P for Proposed Rule Making; RP
for Revised Rule Making; EP for a combined
Emergency and Proposed Rule Making; EA for
an Emergency Rule Making that is permanent
and does not expire 90 days after filing.)
Italics contained in text denote new material. Brackets
indicate material to be deleted.
Department of Audit and
Control
NOTICE OF ADOPTION
Mortality and Service Tables for Valuation Purposes
I.D. No. AAC-41-15-00001-A
Filing No. 1027
Filing Date: 2015-12-01
Effective Date: 2015-12-16
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Action taken: Amendment of section 310.1 and Appendix 10 of Title 2
NYCRR.
Statutory authority: Retirement and Social Security Law, sections 11 and
311
Subject: Mortality and service tables for valuation purposes.
Purpose: To update the mortality and service tables for valuation purposes.
Text or summary was published in the October 14, 2015 issue of the Reg-
ister, I.D. No. AAC-41-15-00001-P.
Final rule as compared with last published rule: No changes.
Text of rule and any required statements and analyses may be obtained
from: Jamie Elacqua, Office of the State Comptroller, 110 State Street,
Albany, NY 12236, (518) 473-4146, email: jelacqua@osc.state.ny.us
Assessment of Public Comment
The agency received no public comment.
NOTICE OF ADOPTION
Mortality Tables for the Determination of Benefits
I.D. No. AAC-41-15-00002-A
Filing No. 1026
Filing Date: 2015-12-01
Effective Date: 2015-12-16
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Action taken: Amendment of section 310.2(b) and (c) of Title 2 NYCRR.
Statutory authority: Retirement and Social Security Law, sections 11 and
311
Subject: Mortality tables for the determination of benefits.
Purpose: To conform regulatory language to the most recently updated
mortality tables for the determination of benefits.
Text or summary was published in the October 14, 2015 issue of the Reg-
ister, I.D. No. AAC-41-15-00002-EP.
Final rule as compared with last published rule: No changes.
Text of rule and any required statements and analyses may be obtained
from: Jamie Elacqua, Office of the State Comptroller, 110 State Street,
Albany, NY 12236, (518) 473-4146, email: jelacqua@osc.state.ny.us
Assessment of Public Comment
The agency received no public comment.
Department of Environmental
Conservation
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
Management of Black Sea Bass
I.D. No. ENV-50-15-00002-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: Amendment of Part 40 of Title 6 NYCRR.
Statutory authority: Environmental Conservation Law, sections 11-0303
and 13-0340-f
Subject: Management of black sea bass.
Purpose: Redefine the term trip limit to allow two fishers aboard a single
vessel to possess and land the trip limit for black sea bass.
Text of proposed rule: Existing paragraph 40.1(a)(1) of 6 NYCRR is
amended to read as follows:
A ‘trip limit’ means the maximum amount of fish that can be possessed
on board or landed by a vessel during a period of time, not less than 24
hours, in which fishing is conducted, beginning when the vessel leaves
port and ending when the vessel returns to port. A vessel or fisher shall not
land more than a possession limit or trip limit per species in any one
calendar day, except that, where a weekly limit or biweekly limit is specifi-
cally authorized by the department pursuant to subdivision (i) of this sec-
tion, a fisher authorized to take the weekly or biweekly limit shall not pos-
sess or land more than the weekly limit or biweekly limit in one calendar
1
day or; where one trip limit for each of two commercial license holders on
board a single vessel is specifically authorized by the department pursu-
ant to subdivision (i) of this section, a vessel with two or more commercial
license holders on board shall not possess more than two trip limits of the
authorized species in one calendar day.
Existing subdivision 40.1(c)(1)(i) of 6 NYCRR is amended to read as
follows:
(c) Reporting requirements.
(1) Marine commercial food fishing license, food fish landing license
and marine bait permit holders.
(i) Any person who is the holder of a marine commercial food
fishing license, food fish landing license, or marine bait permit issued pur-
suant to section 13-0335 of the Environmental Conservation Law shall
complete and submit an accurate fishing Vessel Trip Report for each com-
mercial fishing trip, detailing all fishing activities and all species landed,
on a form prescribed by the department. If more than one commercial
license holder on board a single vessel is authorized to possess and land
the trip limit of a regulated species pursuant to paragraph (1) of subdivi-
sion 40.1(a) of this part, then each authorized license holder shall
complete and submit a separate, accurate fishing Vessel Trip Report
documenting the fishing activities and species landed under the authority
of the license holder’s permit. The license holder shall submit such fishing
reports monthly to the department within 15 days after the end of each
month or at a frequency specified by the department in writing. Fishing
Vessel Trip Reports shall be completed, signed, and submitted to the
department for each month; if no fishing trips were made during a month,
a report must be submitted stating no trips were made for that month.
Incomplete fishing Vessel Trip Reports or unsigned reports will not satisfy
these reporting requirements. Any New York license holder who is also
the holder of a federal fishing permit issued by NOAA Fisheries Service
must instead satisfy the reporting requirements specified by NOAA Fisher-
ies Service. If requested in writing by the department, New York license
holders who also hold federal fishing permits shall submit to the depart-
ment the state (blue) copy of the Fishing Vessel Trip Report (NOAA Form
No. 88-30) for the month or months identified in the written notification.
Existing subdivision 40.1(i) of 6 NYCRR is amended to read as follows:
Species Striped bass through Scup remain the same. Species Black Sea
Bass is amended to read as follows:
40.1(i) Table B – Commercial Fishing.
Species Open Season Minimum
Length Trip Limit
Black
Sea Bass All year 11" TL A trip limit set by the
department to be con-
sistent with the
requirements of the
Interstate Fishery
Management Plan for
Black Sea Bass. The
department, in its
discretion, may au-
thorize up to two
commercial license
holders per vessel to
possess the black sea
bass trip limit on any
one calendar day.
Species American Shad through Anadromous river herring remain the
same.
Text of proposed rule and any required statements and analyses may be
obtained from: Karen Graulich, New York State Department of Environ-
mental Conservation, 205 North Belle Mead Road, Suite 1, East Setauket,
New York 11733, (631) 444-5636, email: karen.graulich@dec.ny.gov
Data, views or arguments may be submitted to: Same as above.
Public comment will be received until: 45 days after publication of this
notice.
Additional matter required by statute: Pursuant to the State Environmental
Quality Review Act, a short EAF is on file with the Department.
Regulatory Impact Statement
1. Statutory authority:
Environmental Conservation law (ECL) section 13-0340-f authorizes
the Department of Environmental Conservation to adopt regulations for
the management of black sea bass, including catch and possession limits.
2. Legislative objectives:
The above-cited legislation requires that DEC manage marine fisheries
in such a way as to: (i) protect these natural resources for their intrinsic
value to the marine ecosystem; (ii) optimize resource use for commercial
and recreational fishermen through the implementation of sound manage-
ment practices; (iii) protect public safety and (iv) comply with federal
marine fisheries conservation and management policies and interstate
fishery management plans.
3. Needs and benefits:
This rule making is proposed at the request of New York’s commercial
marine fishery industry. It is intended to maximize black sea bass com-
mercial marine fishing opportunities while improving safety and fuel
efficiency. Implementation of the proposed amendments will provide an
economic benefit from decreased fuel and maintenance costs. The
proposed amendments will remain in compliance with the Interstate
Fishery Management Plan (FMP) adopted by the Atlantic States Marine
Fisheries Commission (ASMFC). Failure to adopt these regulatory amend-
ments will result in the continued practice of commercial black sea bass
fishermen working individually on separate vessels to harvest their trip
limits under the current regulatory definition, placing them at a higher risk
of injury or death.
4. Costs:
The proposed rule does not impose any costs to the department, local
municipalities, or the regulated public. In fact, commercial black sea bass
fishers are likely to receive an economic benefit from reduced fuel and
maintenance costs.
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:
Alternative 1: “No action” alternative. Under this alternative New York
State would not amend 6 NYCRR Section 40.1 Marine Fish. This alterna-
tive is more protective of the affected fishery stocks by strictly limiting the
amount of fish that can be possessed on board or landed by a vessel to one
trip limit during a single fishing trip. However, this alternative was rejected
because it fails to mitigate the safety concerns raised by the affected com-
mercial fishers.
Alternative 2: No limit on the number of commercial fishers. Under this
alternative New York State would amend 6 NYCRR Section 40.1 Marine
Fish but not limit the number of commercially licensed fishers who could
possess or land the authorized trip limit on one vessel during a single fish-
ing trip. This alternative would mitigate the safety concern of a single
commercial fisher on board one vessel. However, this alternative was
rejected because it would be likely to result in an uncontrolled increase in
the commercial landings of the affected species and would greatly reduce
the effectiveness of the trip limit as a management tool. Although com-
mercial black sea bass landings are closely monitored, there is a delay be-
tween actual and reported landings. The substantial increase in black sea
bass landings that would be expected under this alternative would prohibit
effective management of the species and would likely result in quota
exceedances and fishery closures.
Alternate 3: Apply change to all commercial marine fisheries. Under
this alternative New York State would amend 6 NYCRR Section 40.1
Marine Fish but not limit the exception to fisheries specifically authorized
by the department pursuant to 40.1(i). As a result, two licensed fishers
could possess or land the authorized trip limit for any regulated finfish
species on one vessel during a single fishing trip. This alternative was
rejected because there are some regulated species where the status of the
stock (e.g., overfished or experiencing overfishing) warrants a more
protective approach to trip limits. Some species are also more difficult to
monitor for commercial landings since a large portion of the harvest is
kept for bait or sold privately. For these species, allowable commercial
catch limits are more likely to be exceeded, resulting in fishery closures.
In other fisheries, trip limits are relatively high and exceed the capacity of
smaller vessels. In these fisheries, the change would only benefit larger
vessels where the safety issue for a single fisher is not a factor.
9. Federal standards:
The proposed amendments to 6 NYCRR 40.1 are in compliance with
the ASMFC and Regional Fishery Management Council FMPs for black
sea bass.
10. Compliance schedule:
Regulated parties will be notified by mail, through appropriate news
releases and via DEC’s website of the changes to the regulations. The
proposed regulations will take effect upon filing with the Department of
State after the 45-day public comment period.
Regulatory Flexibility Analysis
1. Effect of rule:
DEC proposes to adopt regulations that amend the current regulatory
management measures for black sea bass. The proposed regulations will
amend the definition of ‘trip limit’ for commercial fishers to allow two
NYS Register/December 16, 2015Rule Making Activities
2
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