1. Shark/Cod/Squid Proposed Regulations
MRAC - May 08, 2018

2. Shark/Cod/Squid Proposed Rules
Purpose of the rulemaking is to ensure consistency between federal and state fishery management plans for:
Coastal Sharks
Atlantic Cod
Longfin and Illex squid

3. Shark
Prohibit food fish license holders from harvesting or possessing any non- prohibited sharks managed by NOAA Fisheries in excess of current federal daily harvest limits.
Set recreational minimum size limits for shark harvest consistent with current federal size limits and measured in fork length.
Prohibit the commercial and recreational possession of Blacknose shark.
40.7 Coastal sharks—open seasons, size and catch limits.
Rec
(2) (i) There is no minimum size limit for the following shark species: Atlantic sharpnose, blacknose, bonnethead, finetooth, smoothhound (smooth dogfish), and spiny dogfish.
(ii) The minimum size limit for the following shark species is 54 inches: blacktip, blue, bull, lemon, nurse, oceanic whitetip, porbeagle, shortfin mako, spinner, thresher, and tiger.
(iii) The minimum size limit for the following shark species is 78 inches: great hammerhead, scalloped hammerhead, and smooth hammerhead.
Shore anglers and fishing from vessels can only take 1 shark except Atlantic sharpnose and bonnethead can possess 2
Comm
Bunch of sharks prohibited to possess, sandbar – research species
36 fish possession limit for LCS and hammerhead species
No possession limit for smoothhound, non-blacknose SCS, blacknose shark, and pelagic species
(10) Bycatch reduction measures. No person shall take, possess or land sharks using shortlines or large mesh gillnets without practicing the following bycatch reduction measures:
(i) all hooks attached to shortline gear must be corrodible circle hooks;
(ii) all persons participating in the commercial shark fishery shall practice the protocols and possess the federally required release equipment for pelagic and bottom longlines for the safe handling, release and disentanglement of sea turtles and other non-target species;
(iii) all captains and vessel owners must be certified in using handling and release equipment through workshops offered by National Oceanic and Atmospheric Administration's National Marine Fisheries Service;
(11) No person shall possess or land a shark listed in this section without the tails and fins naturally attached to the carcass. Fins may be cut as long as they remain attached to the carcass by natural means with at least a small portion of uncut skin. Finning is prohibited. Sharks may be eviscerated and have the heads removed. Sharks may not be filleted or cut into pieces at sea.
(12) Quotas, trip limits and directed fishery thresholds may be set by the Atlantic States Marine Fisheries Commission Spiny Dogfish and Coastal Sharks Management Board (Sharks Board) for the smoothhound species group, Non-Blacknose, Small Coastal, Blacknose, Aggregated Large Coastal, Hammerhead and Pelagic species groups for each commercial fishing year. The department will establish trip limits and directed fishery thresholds within the fishing year consistent with those established by the Sharks Board. Such trip limits and thresholds will be enforceable upon 72 hours' notice to license holders of the vessel trip limit allowed.
(13) If the department determines that the maximum allowable harvest of sharks covered by paragraph (12) of this subdivision has been taken or is projected to be taken before the end of the fishing year, the department may prohibit the take and possession of a shark species for commercial purposes upon 72 hours' notice to license holders.
(14) If the department closes a fishery, but determines that the quota will not be harvested by the projected date, then the department may reopen the fishery for a specified time at a specified trip limit up to the maximum allowed upon 72 hours' notice to license holders.
(15) No person shall take, possess or land sharks listed in paragraph (4) of this subdivision for commercial purposes when the federal
ECL § Sharks; department authority; finning prohibited.
4. The department may, until December thirty-first, two thousand seventeen, fix by regulation measures for the management of sharks, including 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 therefor, recordkeeping requirements, requirements on the amount and type of fishing effort and gear, and requirements relating to transportation, possession and sale, provided that such regulations are no less restrictive than requirements set forth in this chapter and provided further that such regulations are consistent with the compliance requirements of applicable fishery management plans adopted by the Atlantic States Marine Fisheries Commission and with applicable provisions of fishery management plans adopted pursuant to the Federal Fishery Conservation and Management Act (16 U.S.C. §1800 et seq.).
* 5. Sharks, excluding spiny dogfish, shall not be taken for commercial or recreational purposes by baited hooking except with the use of non-stainless steel non-offset circle hooks. In addition, no person shall conduct, sponsor or participate in any shark tournament unless said tournament's rules and regulations require the exclusive use of non-stainless steel non-offset circle hooks. * NB Repealed December 31, 2018

4. Atlantic Cod
Decrease the commercial size limit for Atlantic cod from 22 to 19 inches. This will make the size limit for cod in New York consistent with neighboring states and federal waters.
Set commercial possession limit for Atlantic cod for NYS Food Fish License holders.  Federal permit holders and dual federal permit/state license holders must follow federal rules.
NY DEC – current cod regulations
Rec – 22” min, 10 possession
## Anglers fishing on board Federally permitted party or charter vessels may possess any number.
Comm – 22” min, no trip limit
ECL a. Atlantic cod (Gadus morhua), Atlantic sturgeon (Acipenser oxyrhynchus), shortnose sturgeon (Acipenser brevirostrum), American eel (Anguilla rostrata), Atlantic herring (Clupea horengus), American shad (Alosa sapidissima), alewife (Alosa pseudoharengus), blueback herring (Alosa aestivalis), squid (cephalopoda), and hickory shad (Alosa mediocris).
1. The department may fix, by regulation, measures for the management of the following species:
a. Atlantic cod (Gadus morhua) until December thirty-first, two thousand seventeen,

5. NYS Fisher Cod Landings 2015 - 2017
Minimum Federal possession limit is 25 lbs
average catch landed is 35 lbs
72% of total trips landed under 35 lbs.
60% of landings and 88% of trips are ≤ 75 lbs
74% of landings and 96% of trips are ≤ 100 lbs
Looking for feedback from MRAC regarding potential trip limits

6. NYS Fisher Cod Landings 2015 - 2017

7. Longfin and Ilex Squid
Set commercial trip and/or possession limits for longfin and Illex squid, including no possession (fishery closure).
Due to differences in federal permitting and commercial quota management, the rules will be implemented differently for each species group.
Current DEC rules
No rules
ECL § a. Atlantic cod (Gadus morhua), Atlantic sturgeon (Acipenser oxyrhynchus), shortnose sturgeon (Acipenser brevirostrum), American eel (Anguilla rostrata), Atlantic herring (Clupea horengus), American shad (Alosa sapidissima), alewife (Alosa pseudoharengus), blueback herring (Alosa aestivalis), squid (cephalopoda), and hickory shad (Alosa mediocris).
1. The department may fix, by regulation, measures for the management of the following species:
h. squid (cephalopoda) until December thirty-first, two thousand seventeen, and

8. Figure 1 Total Longfin Squid Landings, Trimester II (May – August)
Trimester 2 Closures
2015
No closures
2016
June 27, 2016
2017

9. Figure 2 Total Longfin Squid Harvest Participants Trimester II (May – August)

10. Figure 3 NYS Permit holders only: Frequency of trips reporting landings (lbs.) at different thresholds

11. Regulatory Proposal Timeline
Summer/Fall
Develop regulatory package
Internal review and sign off
publish in DOS register – 60 day comment period
Assessment of public comments
Fall/Winter
Adopt the rules
Assuming no changes from the assessment of public comments hope to adopt the rules by this fall

12. Thank You Gina M. Fanelli
Commercial Quota Management Unit Leader
Biologist 2 (Marine), Division of Marine Resources
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