RJ
07-06-2006, 12:08 PM
Conservation Measures Adopted to Protect and Restore Commercially Important Shellfish
New York State Department of Environmental Conservation (DEC) Commissioner Denise M. Sheehan today announced the adoption of new regulations for bay scallops and oysters. The regulations establish conservation and management measures necessary for the protection, management and restoration of sustainable bay scallop and oyster populations in the Marine District.
The proposed regulations were published in the State Register in April 2006. The public was encouraged to submit comments to DEC on the regulations by June 5, 2006. DEC also reviewed the proposed regulations with the New York State Shellfish Advisory Committee. The regulations are consistent with existing provisions of the Environmental Conservation Law (ECL).
The new regulations took effect upon publication in the State Register on July 5, 2006, and established the following conservation and management measures:
Bay Scallops:
$ Open Season - Bay scallops may be taken from the first Monday in November through March 31;
$ Harvest Restrictions, Size Limit, Annual Growth Line - Only those bay scallops having an annual growth line and measuring at least two and one-quarter inches from the middle of the hinge to the middle of the bill may be taken;
$ Scallops that are less than the legal size and do not possess an annual growth line may comprise no more than two percent of the catch when unavoidably taken;
$ Gear Restrictions - Bay scallops may be taken by dredge or scrape, having an opening at the mouth of no more than 36 inches in width, when towed by a boat operated by mechanical power, provided that the dredge or scrape is brought aboard by hand without the use of a mechanical device. In addition, on Sundays, boats operated by power may not be used to tow dredges or scrapes in the harvest of bay scallops;
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$ Catch Limits - The bay scallop catch limit is no more than 10 bushels of scallops per person per day or no more than 20 bushels per boat per day when two or more persons occupy the same boat;
$ Possession and Sale - Scallops may not be possessed for sale for food purposes from April 1 to the first Monday in November. This does not apply to bay scallops harvested during the open season (first Monday in November through March 31) that have been shucked and packed in approved packages and frozen and kept in a frozen state;
$ Scallop Salvage and Relay - DEC may issue permits to transplant or salvage scallops of any age to protect them from destruction by predators, wind, tidal action or other factors;
Oysters:
$ Size Limit - Establish a minimum size limit of 3 inches in longest diameter. This size limit shall not apply to oysters transplanted or cultured under permit from DEC.
Oysters measuring less than three inches in their longest diameter may comprise no more than five percent of any bushel, package or container.
New York’s bay scallop resource has experienced a 99 percent decline since 1985 due to repeated blooms of the Brown Tide which devastated bay scallop populations in Peconic and Gardiners Bays on Eastern Long Island. The bay scallop resource has not recovered even in the absence of Brown Tide for more than a decade. Delaying the scallop season by one month and requiring scallops to possess both an annual growth line and be a minimum size of two and one-quarter inches will ensure that scallops have an opportunity to spawn prior to harvest and will help promote the long-term survival of the bay scallop resource. The new rule is consistent with existing statutory requirements for management of bay scallops and is necessary for the continued protection of this commercially important resource. The bay scallop fishery in New York showed a slight increase in harvest to just over 6,000 pounds in 2005 with a dockside value of more than $153,000. Historically, the bay scallop fishery harvested an average of 300,000 pounds annually.
The eastern oyster, which was one of the most commercially abundant shellfish resources in New York prior to the 1950s, has also experienced a significant decline in population. The new regulation establishes a minimum size limit for the taking of oysters which is consistent with existing town regulations for oyster harvest. The minimum size limit for oysters will also benefit the long-term viability of oyster populations in the Marine District. The oyster industry in New York harvested more than 29,000 bushels in 2005 which totaled approximately $1.9 million in dockside value. The majority of oysters harvested in New York are produced by hatcheries and cultivated by oyster farmers.
Further information on the scallop and oyster regulations is available at: NYSDEC, Bureau of Marine Resources, Shellfish Management Unit, 205 N Belle Mead Road, Suite #1, East Setauket, NY 11733, or by calling (631) 444-0483. The text of the new rule can be downloaded from www.dec.state.ny.us/website/dfwmr/propregs/part49text.html on DEC’s website
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New York State Department of Environmental Conservation (DEC) Commissioner Denise M. Sheehan today announced the adoption of new regulations for bay scallops and oysters. The regulations establish conservation and management measures necessary for the protection, management and restoration of sustainable bay scallop and oyster populations in the Marine District.
The proposed regulations were published in the State Register in April 2006. The public was encouraged to submit comments to DEC on the regulations by June 5, 2006. DEC also reviewed the proposed regulations with the New York State Shellfish Advisory Committee. The regulations are consistent with existing provisions of the Environmental Conservation Law (ECL).
The new regulations took effect upon publication in the State Register on July 5, 2006, and established the following conservation and management measures:
Bay Scallops:
$ Open Season - Bay scallops may be taken from the first Monday in November through March 31;
$ Harvest Restrictions, Size Limit, Annual Growth Line - Only those bay scallops having an annual growth line and measuring at least two and one-quarter inches from the middle of the hinge to the middle of the bill may be taken;
$ Scallops that are less than the legal size and do not possess an annual growth line may comprise no more than two percent of the catch when unavoidably taken;
$ Gear Restrictions - Bay scallops may be taken by dredge or scrape, having an opening at the mouth of no more than 36 inches in width, when towed by a boat operated by mechanical power, provided that the dredge or scrape is brought aboard by hand without the use of a mechanical device. In addition, on Sundays, boats operated by power may not be used to tow dredges or scrapes in the harvest of bay scallops;
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-2-
$ Catch Limits - The bay scallop catch limit is no more than 10 bushels of scallops per person per day or no more than 20 bushels per boat per day when two or more persons occupy the same boat;
$ Possession and Sale - Scallops may not be possessed for sale for food purposes from April 1 to the first Monday in November. This does not apply to bay scallops harvested during the open season (first Monday in November through March 31) that have been shucked and packed in approved packages and frozen and kept in a frozen state;
$ Scallop Salvage and Relay - DEC may issue permits to transplant or salvage scallops of any age to protect them from destruction by predators, wind, tidal action or other factors;
Oysters:
$ Size Limit - Establish a minimum size limit of 3 inches in longest diameter. This size limit shall not apply to oysters transplanted or cultured under permit from DEC.
Oysters measuring less than three inches in their longest diameter may comprise no more than five percent of any bushel, package or container.
New York’s bay scallop resource has experienced a 99 percent decline since 1985 due to repeated blooms of the Brown Tide which devastated bay scallop populations in Peconic and Gardiners Bays on Eastern Long Island. The bay scallop resource has not recovered even in the absence of Brown Tide for more than a decade. Delaying the scallop season by one month and requiring scallops to possess both an annual growth line and be a minimum size of two and one-quarter inches will ensure that scallops have an opportunity to spawn prior to harvest and will help promote the long-term survival of the bay scallop resource. The new rule is consistent with existing statutory requirements for management of bay scallops and is necessary for the continued protection of this commercially important resource. The bay scallop fishery in New York showed a slight increase in harvest to just over 6,000 pounds in 2005 with a dockside value of more than $153,000. Historically, the bay scallop fishery harvested an average of 300,000 pounds annually.
The eastern oyster, which was one of the most commercially abundant shellfish resources in New York prior to the 1950s, has also experienced a significant decline in population. The new regulation establishes a minimum size limit for the taking of oysters which is consistent with existing town regulations for oyster harvest. The minimum size limit for oysters will also benefit the long-term viability of oyster populations in the Marine District. The oyster industry in New York harvested more than 29,000 bushels in 2005 which totaled approximately $1.9 million in dockside value. The majority of oysters harvested in New York are produced by hatcheries and cultivated by oyster farmers.
Further information on the scallop and oyster regulations is available at: NYSDEC, Bureau of Marine Resources, Shellfish Management Unit, 205 N Belle Mead Road, Suite #1, East Setauket, NY 11733, or by calling (631) 444-0483. The text of the new rule can be downloaded from www.dec.state.ny.us/website/dfwmr/propregs/part49text.html on DEC’s website
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06-104